New SC rules cause hearing suspension

Facade of the Supreme Court building in Manila

BAGUIO CITY, Benguet, Philippines — The Baguio Regional Trial Court (RTC) that has been hearing the lawsuit filed against the Anti-Terrorism Council (ATC) suspended the proceedings on Friday after the Supreme Court issued new rules governing anti-terrorism cases.

The case stemmed from the ATC’s tagging of Cordillera People’s Alliance (CPA) chair Windel Bolinget and fellow CPA members Stephen Tauli, Jennifer Awingan-Taggaoa and Sarah Abellon-Alikes as terrorists purportedly without due process.

During the Friday hearing, Judge Cecilia Corazon Dulay-Archog of RTC Branch 7 said she asked the Supreme Court administrator to determine how she should proceed in light of the new “Rules on the Anti-Terrorism Act of 2020 and Related Laws (Administrative Matters or AM No. 22-02-19-SC)” that took effect on Jan. 15.

The rules cover legal procedures for ATC operational activities such as wiretapping and surveillance, and the detention of suspected terrorists without court warrants for a period that has been prescribed by Republic Act No. 11479, or the Anti-Terrorism Act of 2020.

It also provides procedures for individuals and groups who seek “judicial relief” from being designated as terrorists, but the petitions must be addressed to the Court of Appeals (CA).

Rule 9 of AM No. 22-02-19-SC guarantees that the rights of people designated as terrorists shall not be diminished and they can access judicial remedies like the writs of amparo or habeas corpus, and appeal their designation before the Supreme Court.

“In case the ATC Resolution of Designation or AMLC (Anti-Money Laundering Council) Freeze Order is based on generalities or conclusions, which will not enable a petitioner to intelligently dispute the designation, the ATC and AMLC shall have the burden of evidence to prove the existence of probable cause to designate the petitioner and freeze his/her/its/their properties and assets,” according to AM No. 22-02-19-SC.

Dulay-Archog said she still doesn’t know whether she could retain jurisdiction over the November 2023 petition for certiorari and prohibition filed by Bolinget and the three other CPA members.

The activists asked the Baguio court last year to remove them from the government’s roster of terrorists because RA 11479 “fails to comply with the due process requirements, violates free speech and its cognate rights, as well as the principle of the separation of power.”

Relief delayed

In her order on Friday, Dulay-Archog said she may transfer the activists’ petition to Urdaneta City RTC 57 in Pangasinan province, which is “the designated Anti-Terrorism Court for the First Judicial Region.” She may also relinquish the case to the CA, pending the high court’s response to her query.

Bolinget said Dulay-Archog was also hearing their application for a writ of preliminary injunction to free them from the burdens of their terrorist designation.