Chief Presidential Legal Counsel Salvador S. Panelo on the Anti-Terrorism Bill

After a careful and thoughtful review of the Anti-Terrorism Bill, this representation has recommended the approval and the signing of the proposed legislative measure to the President.

Our office has studied each and every provision, which should not be read in isolation but in connection with each other so as to render the document in its entirety, as well as its directives, effective in combatting terrorism, and found the same passing the constitutional test.

The bill contains sufficient safeguards which ensure that its provisions would be implemented and enforced against those who intend to sow and create a condition of widespread and extraordinary fear and panic among the populace through lawless actions without violating the latter’s political and civil rights, as protected by the 1987 Constitution and recognized through globally accepted norms. Aside from this, there are remedies under our basic charter, together with relevant laws and rules, which are in place against abuses on the part of government agents, such as availing protective writs from courts of law.

We reiterate that this legislation is intended solely against terrorists (and definitely not against citizens who peacefully dissent against — and criticize — the government’s policies). Fears which were raised by certain sectors are more imagined than real. We therefore ask them to study its provisions carefully and discuss the same with legal experts so they can understand fully the spirit of the bill.

Further, by strengthening policies against terrorism and its actors, our country will effectively be complying with our obligations to the community of nations by countering and eliminating terroristic acts through proper legislation. We note that the UN Security Council in 2017, through its Resolution No. 2396, reiterated and stressed that, “Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism.” Our lawmakers have guaranteed — and we agree — that provisions found in the draft legislative policy are not just compliant, but are supportive as well, to our international covenants.

There is certainly an urgent need to strengthen our law on anti-terrorism in order to adequately and effectively contain the menace of terroristic acts for the preservation of national security and the promotion of general welfare. The proposed Anti-Terrorism Act of 2020 will serve as a powerful weapon against participants of these lawless actions, the threat of which is extremely imminent during our current times.

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