OSG insists ATL can be implemented without IRR

The Office of the Solicitor General (OSG) insisted that the Anti-Terror Law can now be implemented despite its implementing rules and regulations still being drafted.

According to Solicitor General Jose Calida, it is stated in section 58 of the Anti-Terrorism Act that it will take effect 15 days after it is published in the Official Gazette or in two newspapers of general circulation.

“The promulgation of the IRR is not a condition precedent for the effectivity of the ATA. The pending issuance of an IRR cannot defer the law coming into force.”

He stated that although there are operational details and guidelines to be laid out through the IRR, there is no provision in the said law that hinders its implementation without the IRR.

“To claim that the law is ineffective until implementing rules are promulgated creates an absurd situation where an agency can delay the effectivity of the law by delaying promulgation of its rules.”

SolGen Calida added that the power of Congress to create measures for the good of the public must not be delayed.

Report from Kenneth Paciente

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