Anti-Terrorism Law is constitutional – Supreme Court

The Supreme Court upheld the Anti-Terrorism Act or Republic Act (RA) 11479 as constitutional except for two provisions.

By a 10-3 vote, the magistrates favored the government’s position.

The Anti-Terror Law came into force in 2020 which caused alarm among critics. It was alleged that it was possible to be abused by the authorities because, without a warrant of arrest, considered terrorists could be arrested and detained even if no case was filed within 14 days.

However, two provisions, specifically Sections 4 and 25, were declared unconstitutional.

In the decision of the Supreme Court en banc, by a vote of 12 in favor and three against, Sec. 4 refers to terrorism as “overboard” and a direct attack on freedom of expression.

The previous section is said to be “too broad” to refer to terrorism when it comes to protests, which is not just terrorism if it does not intend to kill or cause serious harm to a person or endanger human life or pose a serious threat for public safety.

Sometimes there are physical confrontations in protests, strikes, etc., which result in the injury of some even without the intention of committing terrorism.

Anti-Terrorism Law is constitutional – Supreme Court

“The qualifier to the proviso in Section 4 of RA 11479, i.e., … which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety” by a vote of 12-3 has been declared as unconstitutional for being overbroad and violative of freedom of expression.”

Meanwhile, by a vote of 9-6, Section 25 paragraph 2 of RA 11479 was also declared unconstitutional, stating that ‘Request for designation by other jurisdictions or supranational jurisdictions may be adopted by the ATC (Anti-Terrorism Council).

“On the basis of the current petitions, all the other challenged provisions of R.A. 11479 are not unconstitutional,” the decision said.

President Rodrigo Duterte signed the Anti-Terrorism Bill into law in July 2020 despite being barraged with criticisms from different sectors.