SC denial of anti-terror law appeals disappoints FLAG, NUPL

MANILA, Philippines —  Two lawyers’ groups said on Tuesday they were dismayed that the Supreme Court decided to reject with finality the bid to reverse its 2021 ruling upholding the Anti-Terrorism Act of 2020, effectively dismissing the 30 petitions against the law.

FLAG was one of the groups that filed a motion for reconsideration, arguing that other portions of that law were unconstitutional — not just two as the SC ruled.

“We remain convinced that these provisions (among them those that fail to define with clarity the offense of ‘terrorism’ and grant broad and sweeping powers to the Anti-Terrorism Council to issue arrest orders and authorize extended detention periods on mere suspicion) are not only dangerous, as they are prone to abuse, but also in violation of the Constitution,” Jose Manuel “Chel’ Diokno, the FLAG national chairman said in a statement.

However, Diokno said that the denial of the various motions only encouraged FLAG to continue to be vigilant in defending fundamental rights and freedoms that might be impacted by the law.

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“As suggested by the Court itself, these provisions may be challenged, case to case, on an ‘as applied’ basis,” he added.

The National Union of Peoples’ Lawyers (NUPL), also expressed its dismay.

“We are quite downhearted that the High Tribunal reportedly did not budge at all on its majority view sustaining practically all the provisions of the Anti-Terrorism Law even as we have to accept and respect it as officers of the court,” Edre Olalia, the NUPL president, said in a statement.

“We still hope that in good time the subject law will be struck down or amended, if not repealed altogether,” he added.

However, Olaila also assured that the NUPL would continue to guard and defend against the abuse and misuse of the said law “against the very people it is supposed to protect.”

“It is even more imperative that we stand our ground for our rights,” he said.

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