YOUTH and student groups from Cebu City yesterday filed the 20th petition before the Supreme Court questioning the constitutionality of the controversial Anti-Terrorism Act of 2020.
The petitioners are the Center for Youth Participation and Development, Cebu Normal University-Student Democratic Party, Student Republic Party, Reformative Leaders Party, UP Cebu Union of Progressive Students, Nagkahiusang Kusog sa Estudyante, University of San Carlos-Student Power Party, Student Alliance for Nationalism and Democracy and University of Cebu- Law Student Society.
Named respondents are Executive Secretary Salvador Medialdea and members of the Anti-Terrorism Council.
In their petition for certiorari and prohibition, the groups asked the court to declare as unconstitutional the new law or several of its provisions, particularly Sections 4 to 12, 16, and 25 to 27, and to issue a temporary restraining order and or writ of preliminary injunction to stop the implementation of the law which took effect on July 18.
The sections deal with the definition of terrorism, free speech clause, inciting to commit terrorism, constitutional right to free association, usurpation of judicial prerogatives, designation of individuals and group, and arrest and detention without judicial warrant.
The Cebuano petitioners, assisted by lawyers from the Cebu chapter of the Free Legal Assistance Group, said the measure creates a chilling effect on freedoms guaranteed by the Constitution.
While acknowledging the need for measures to defeat and quash terrorism, the petitioners said the Anti-Terrorism Act, which replaced the 2007 Human Security Act, would not do the job, as it is prone to abuse on the ground due to the vagueness of its language and the lack of clear standards to guide law enforcers.
They said fighting terrorism must not be done at the expense of the liberties of the Filipino people.
“This law in itself carries an evil that threatens to destroy the democratic fabric that binds our institutions and society together,” they said.
The earlier petitioners include former SC Justices Antonio Carpio and Conchita Carpio Morales, framers of the Constitution, opposition lawmakers, lawyers, human rights advocates, labor organizers, activists, journalists and members of the religious sectors.
