Anti-terror law takes effect this midnight
MANILA, Philippines – Republic Act 11479 or the Anti-Terrorism Act of 2020 will take effect midnight of July 18, Justice Secretary Menardo Guevarra said Friday sans its Implementing Rules and Regulations (IRR).
“The effectivity clause of the Anti-Terrorism Act states that the Act shall take effect 15 days after its publication in the official gazette or in at least two newspapers of general circulation. Considering that the law was published on July 3, it will take effect on July 18, which is the 15th day,” Guevarra explained.
INQUIRER.net asked Guevarra to clarify the hour of the law’s effectivity, and his answer: “Yes, as the clock strikes midnight, July 18.”
When asked why will the law take effect even without the IRR, Guevarra explained that: “The law will take effect even without the IRR because the promulgation of the IRR is not a condition for the effectivity of the law.”
He said some provisions of the ATA are self-executing such as the organization of the Anti-Terrorism Council.
“But there are provisions where operational details need to be spelled out or standards clearly defined in the IRR for proper implementation of the law,” he said.
Article continues after this advertisementWithout the IRR, Guevarra said any question on misapplication, misinterpretation, or perceived violations that may be committed by law enforcers can be challenged before any court of competent jurisdiction.
Article continues after this advertisementThe DOJ chief appealed to law enforcement agents “to be more prudent and await the promulgation of the IRR.”
The IRR, he said, would have to be finished in 90 days.
Once the draft has been approved, the secretary said “the IRR will likewise have to be published when it is done.”
“The DOJ and the Anti-Terrorism Council, in consultation with law enforcement agencies and military institutions, will promulgate the IRR for the implementation of the anti-terrorism law,” Guevarra said.
To date, there are already nine petitions against the Anti-Terrorism Law pending before the Supreme Court and more are expected to be filed in the coming days. [ac]
