The Supreme Court (SC) declared that in resolving cases on the anti-terrorism law, the judicial rules must be “responsive to the need of protecting individual fundamental freedoms while allowing the State effective law enforcement for the protection of the public.”
Thus stressed the SC through Chief Justice Alexander G. Gesmundo on Wednesday, May 3, in his speech before the participants in the dialogue on the proposed judicial rules on anti-terrorism and counter-terrorism financing cases.
On Dec. 7, 2021, the SC handed down a decision which ruled as constitutional almost all the provisions of ATA. The decision became final on April 22, 2022.1. “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 is declared as unconstitutional for being overbroad and violative of freedom of expression.
The SC has drafted the rules of procedure in the handling of anti-terrorism case. It decided to hold a dialogue to get feedbacks from various stakeholders. He pointed out: “Procedures that lean heavily in favor of law enforcement will expose the fundamental rights of persons to the danger of abuses; while those that lean intensely in favor of liberties will expose the population’s lives and safety to the devastating effects of terrorism.”
The Philippine Congress, he said responded by updating the Human Security Act of 2007 and enacting the Anti-Terrorism Act of 2020.
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