Retired senior associate justice Antonio Carpio says the anti-terror bill the House of Representatives passed on June 3 can be challenged in court ‘on its face’ or right away. Read:
ANTI TERROR BILL. Groups from different sectors stage a protest caravan and noise barrage outside the gates of Congress on June 3, 2020, demanding the scrapping of the Anti Terrorism Bill. Photo by Jire Carreon/Rappler
The Supreme Court in 2013 junked a petition questioning the constitutionality of the 2007 human security act,that the possibility of abuse was merely speculative, thus ruling that a facial challenge was not allowed. Spokesperson Harry Roque also challenged before the Supreme Court for violations of due process and universal laws on human and civil rights.
The justice pointed out that in the 2007 human security act, arrest and detention without a court warrant should result"from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act."This limitation under the 2007 Human Security Act is akin to the crime being committed in the presence of the police officer, for which warrantless arrests are allowed," said Carpio.
Carpio said facial challenge was also not allowed back then because"there was no provision penalizing freedom of speech in the 2007 Human Security Law."
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