Anti-terror law, like other laws, enjoys ‘very heavy’ presumption of constitutionality — Palace
MANILA, Philippines — Amid the growing opposition to the the Anti-Terrorism Act of 2020, Malacañang on Monday defended President Duterte’s signing of the controversial measure, saying laws passed by Congress enjoy a “very heavy” presumption of constitutionality.
Presidential spokesperson Harry Roque issued the statement as several groups filed petitions questioning the newly signed law before the Supreme Court.
“Ang general rule po, is that every law passed by Congress enjoys the very heavy presumption of constitutionality,” Roque said in an online briefing.
(The general rule is that every law passed by Congress enjoys the very heavy presumption of constitutionality.)
“Hayaan na po natin ang proseso na umusad sa ating Korte Suprema bagama’t puwede rin pong sabihin na nirerespeto po, paulit-ulit ng Korte Suprema ang produkto ng mga halal na mga mambabatas,” he added.
(Let the process progress at the Supreme Court, though it can be said that it has time and again given due respect to laws produced by our lawmakers.)
Roque also allayed fears of the law being used against critics, saying those who are not terrorists should not worry.
“Terrorists, beware of the anti-terror law. Pero yung mga hindi naman po terorista, ‘wag po kayong mag-alala, sapat-sapat po ang mga safeguards sa batas mismo at sa ating umiiral na rules of court para pangalagaan ang karapatan ng kalayaan at karapatang mabuhay,” he said.
(Terrorists, beware of the anti-terror law. But those who are not terrorists, don’t worry. It has enough safeguards in the law and in the rules of court to protect freedom and right to live.)
President Rodrigo Duterte signed into law Friday that seeks to strengthen the country’s Human Security Act of 2007.
The United Nations High Commissioner for Human Rights Michelle Bachelet had called on the President to “refrain” from signing the bill, saying its passage poses concern on distinctions between “criticism, criminality, and terrorism.”
But Roque insisted that criticism is not considered a crime under the law. “No, it is not. It’s expressly provided in the law that it is not.”
Under the proposed measure, any person who shall threaten to commit terrorism and those who will propose any terroristic acts or incite others to commit terrorism shall suffer the penalty of 12 years in prison.
Any person who shall voluntarily and knowingly join any organization, association or group of persons knowing that such is a terrorist organization, shall likewise suffer imprisonment of 12 years, it further stated.
The same penalty shall be imposed on any person found liable as accessory in the commission of terrorism.
