MANILA – A person tagged as terrorist by the Anti-Terrorism Council (ATC) will not be immediately arrested, according to Supreme Court (SC) Associate Justice Ramon Paul Hernando.
In an oral argument on Tuesday, Hernando told Jose Manuel “Chel” Diokno, one of the lawyers representing the petitioners against the anti-terror law, that ATC’s designation “is only a preventive measure” as stated in Anti-Terrorism Act of 2020.
“The designation by the ATC is only a preparatory to filing a freeze order with the AMLC (Anti-Money Laundering Council). It’s not meant as an instrument to arrest people. I think that should be clear to all the petitioners,” Hernando said adding that ATC’s designation serves as a tool the State can use to freeze the funds of the terrorist.
Section 25 of the law mandates the ATC headed by the Executive Secretary to designate an individual, groups of persons, organization, or association, whether domestic or foreign, as terrorist/s “upon a finding of probable cause” with regard to participation in acts of terrorism. It further states that the assets of the designated individual, groups of persons, organization or association shall be subject to the authority of the AMLC to freeze.
In order to conduct the surveillance of the designated persons, the law enforcement agencies according to Hernando should file an ex parte application to the court.
Meanwhile, SC Associate Justice Alexander Gesmundo told Diokno that the controversial measure clearly excluded protest, advocacy, and other exercises of civil and political rights from the definition of terrorism.
“It will form part of terrorism if those constitutionally enumerated political rights will cause death, serious physical harm to a person. So there is an exclusionary provision,” Gesmundo said.
Diokno, however, responded that the measure was expressed in a way that gives law enforcers the power to infer the “intent” behind protests, work stoppages, and other exercises of civil and political rights.
“Unfortunately, given the way that the law defines terrorism, we see no way that can be saved,” said Diokno./PN
