(We yield this space to the statement of the Integrated Bar of the Philippines due to its timeliness. – Ed.)
THE EFFORTS of the Department of Justice (DOJ) to address the questions, fears, and objections of many over the Anti-Terrorism Law (Republic Act 11479) through the publication of its Implementing Rules and Regulations (IRR) may be welcome and appreciated. Unfortunately, as DOJ officials themselves correctly admit, they cannot go beyond what the law provides. It is a basic principle in law that an IRR cannot rise above the provisions of the law that it seeks to clarify.
The IRR may therefore be hounded by the same questions surrounding RA 11479 itself. The Integrated Bar of the Philippines (IBP) is gratified and thankful that so far, 36 other varied groups and personalities from different sectors, persuasions and expertise have filed separate petitions before the Supreme Court raising similar constitutional issues against provisions of RA 11479 that IBP has much earlier consistently and respectfully brought to the attention of Congress and the Office of the President.
Perhaps reflective of the infirmities of RA 11479, the vibrancy of our democracy, and the increasing concerns and courage of Filipinos, RA 11479 has become one of the most questioned laws in recent history.
The Anti-Terrorism Law covers not only terrorism, which we all denounce, but also impinges on constitutionally guaranteed rights and settled principles of law and governance. The law affects all of us and even the next generation of Filipinos beyond the term of the current Congress and Administration. It is best that the contentious and controversial issues regarding the law be resolved in a timely manner.
We hope and pray that the pending petitions before the Honorable Supreme Court will be resolved on the merits for the proper guidance of all.
