Philippine Constitution: Analyzing the Anti-Terror Law of 2020

To start with, this is an essay about Philippine Constitution in which will be revealed some points of the topic.The 1987 Constitution of the Republic of the Philippines aims to build a just and humane community entailed with ideals and aspirations of its people that can protect, serve and amplify the citizen’s rights and liberties. Beyond a doubt, we Filipinos are really entitled with such right. However, with the recent implementation of Anti-Terror Law of 2020 or the Republic Act 11479; critics, organizations and as well as human rights lawyers have made their way to file petitions, and a temporary restraining order or (TRO) to the highest and superior court of land- Supreme Court. Legal experts strike down the newly crafted law on the grounds of; firstly, the law is unconstitutional and has a discriminatory enforcement that could infringed civil independences, freedom of expressions and the press. Secondly, Anti-terror law may suppress human rights. Lastly, such law can cause threat to privacy and etc. On that account, the Philippine Congress should amend the provisions of the Anti-Terror Law in no time.

It was last July 3, 2020, that President Duterte signed the Anti-Terror Bill in to law that took effect after 15 days. On the other hand, experts warned the masses that this law will tolerate discriminatory enforcement and is unconstitutional. The aforementioned law has many provisions which is against from the other existing laws that we used to have, like but not limited; to the due process, freedom of association, right to privacy and also academic freedom. Such law was fashioned in indefinite and ambiguous language that gives no certitude as to what turns the law actually prohibits. There are various local and even international human rights groups said that the law could be ill-treated just to target the opponents of the administration, with an executive appointed members of anti-terrorism council, led by the presidential secretary, able to label who is a suspected as a 'terrorist'. Far Eastern University law professors led by Dean Mel Sta. Maria said that the law should be revisited and interpolated since there are 13 provisions that are unconstitutional. They added that the execution of the law brought a treacherous and serious chilling effect to the country and its citizen’s freedoms, liberties and rights. This calls for the congress to amend the law and so the supreme court as the highest court in the country could make rulings for this.

Filipinos were endowed by fundamental human rights such as right to live, property, liberty and with equal protections of the laws. However, legal experts condemned the Anti-Terror Law of 2020 because of its vague provisions and also breach of human rights and principles enriched by The Philippine Constitution. To delineate the Anti-terror law on the aspect of human rights; the law grants security forces to go after targets, even without judicial approval, and permits for 90 days of surveillance as well as the arrest and detention of suspects without warrant or charge with up to 24 days. It is clear and precise that our human rights have been breached by this law. There has been a violation of the principle of the separation of powers since the new law could arrest anyone even without the judicial approval and warrant of arrest. Other solicitors asked that several sections of the new law be stated null and void. For this reason, it is unblemished that the Anti-terror law could suppress human rights and that the government should act upon this far-reaching issue for the betterment of country’s safety and security.

Privacy - is the condition or state of being unrestricted from observation or disturbance of others, and the right to selectively share information without external force applied. As human beings, we always want privacy and to say that it is our right, we are all entitled to it. Notwithstanding, the anti-terror law is abridging the right to privacy. In the newly signed law, Section 4, submits that anyone can be a suspect of terrorism, even if the person is not engaged in any illegal activity. The council, which has the power to arrest a “suspect” will pay no mind, even if they are already invading one’s privacy. Plus, the fact that they can arrest even without a warrant of arrest, will bring danger and threat to the citizen’s privacy. Furthermore, such law can affect the “academic freedom of institutions of higher learning.” In the Article 3, sec. 2 of the 1987 constitution, people have the right to be secure in their houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. Thus, there is really a need for an immediate amendment of the law’s provisions.

Overall the government’s job is to serve and protect its people to the full extent of their capabilities. It’s not their errand to bring trauma to their citizens- Filipinos. The sudden implementation of the newly made Anti-Terror Law of 2020 or the Republic Act 11479, brought a serious chilling effect to the country and its citizen’s tights, liberties and freedom. The aforesaid law should be subject to interpolation and supreme court rulings because there have been 13 provisions that are unconstitutional. Furthermore, the new law could arrest anyone even without the judicial approval and warrant of arrest. This only means that people how are labeled as terrorist even without a warrant of arrest could be arrested and so their human right were breached. The right to privacy will also be affected since they can invade one’s property even without the judicial approval. How can we promote the common good if the Anti-Terror Law is vague and that could cause chaos and misalignment of our principles? How can we secure the blessings of independence, civil liberties and democracy offered to us by the constitution? How can we possibly conserve and develop our patrimony? This can only mean one thing, there is really a need for an immediate call for congress to amend the provisions of Anti-Terror Law of 2020 or the Republic Act 11479. If we listen and open our hearts to both fools and wise, we understand different horizons of perspectives. Likewise, the government should fulfil their duty to serve and protect the people. We are allies, and only allies win. We should win this battle together.