31st petition filed vs anti-terror law

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EDUCATORS yesterday asked the Supreme Court to declare the new Anti-Terrorism Act of 2020 as unconstitutional as they said it violates academic freedom.

The appeal was made in a petition — the 31st filed against the Republic Act No. 11479 — signed by 72 members of the academe led by UP faculty regent Ramon Guillermo and teachers groups including the Alliance of Concerned Teachers.

The petitioners said the law’s “overbroad and vague” provisions can be applied arbitrarily on protected speech and symbolic speech of all.”

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The provisions may also create a “chilling effect” not only on them but on the public at large in the exercise of rights guaranteed under the Constitution.

The same argument was used by the other petitioners.

Specifically, the petitioners are questioning Sections 4, 5, 6, 7, 8 and 9 which they say violate the due process clause and freedom of speech and of expression; Section 12, in relation to Sections 15, 25, 26, 27 and 36 for allegedly violating the right to due process, academic freedom and right to freedom of speech, expression and association; Sections 16 and 17 for reportedly going against the right to privacy by being overbroad and tantamount to unreasonable search without a valid search warrant; and Section 29 for allowing arrest and detention without judicial warrant.

They further argued that reading materials they may assign to students in the course of their teaching may express political views, and researches on issues that are critical of government and may be construed by law enforcers as acts of terrorism or its related crimes under the anti-terrorism law.

They said teachers belonging to progressive groups such like he Alliance of Concerned Teachers, which encourage their students to be critical of what is happening in the country, may also be subjected to the vague provisions of the law.
Eight of the petitioners are ACT members.

“This kind of environment would add another layer of chilling effect on academics, educators and writers such as petitioners to limit their ideas and criticisms that they may put into writing or in choosing materials for their students to read in order to achieve academic potential and excellence in the academe,” they said.

Among those who previously questioned the RA 11479 are former Vice President Jejomar Binay, retired SC justices Antonio Carpio and Conchita Carpio Morales, framers of the 1987 Constitution, lawmakers, human rights advocates, artists, journalists, and youth, labor rights, and religious groups.

The SC has scheduled oral arguments on the petition this month though Solicitor General Jose Calida has moved for the cancellation of the proceedings citing logistical constraints and health risks posed by the COVID-19 pandemic.

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