SC ruling on Anti-Terror Law is ‘recognition of PH need for law vs terrorism’ — OSG

By: Zacarian Sarao - 3 years ago

MANILA, Philippines — Despite the Supreme Court’s (SC) declaration that two portions of Republic Act No. 11479, or the Anti-Terrorism Act of 2020, are unconstitutional, the Office of the Solicitor General (OSG) expressed elation on the ruling on Thursday.

“This affirmation is, indeed, a recognition of the Philippines’ paramount need for a dynamic law that will defend our citizens against the baleful impacts of terrorism,” said the OSG in a statement on Thursday.

“But though our people can find comfort in the thought that our domestic legal framework is now better suited to protect our people from terrorism, our resolve to win this war must remain steadfast and unwavering,” it added.

The OSG then said that hurdling the legal challenge is just the beginning.

“As the OSG had pointed out before the Supreme Court, the fight against terrorism is a continuing struggle that our nation cannot afford to lose. The degree of unity, then, that its citizens can muster is the final determinant of whether our beloved country will emerge as the victor or the vanquished,” it added.

In its ruling, the High Court voted 12-3 to strike down a portion of Section 4 of Republic Act No. 11479.

According to the SC, it struck down the qualifier portion of Section 4 for being overbroad and violative of freedom of expression, stating that “…which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”

Another portion that was also struck down is the second method for designation under Section 25, which states that “Request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC after determination that the proposed designee meets the criteria for designation of UNSCR No. 1373.”

On July 3, 2020, the Anti-Terrorism Act was signed into law, and went into effect on July 18. It has been the subject of 37 Supreme Court petitions, making it the most contentious law to date.