THE House of Representatives yesterday approved on third and final reading a measure amending the Human Security Act of 2007 or the anti-terrorism bill, dismissing fears that the measure would be used by the administration to trample on the people’s basic freedoms and civil liberties.
The controversial measure, which was approved without amendment, was put to a vote just a day after President Duterte certified the bill as urgent amid the criticisms raised by different groups and organizations.
Congressmen voted 173-31 with 29 abstentions to approve the measure.
Since it was certified as urgent by President Duterte, the House was able to put the bill to a vote for passage on final reading a day after it was adopted on second reading which negated the three-day required by the House rules.
Defense Secretary Delfin Lorenzana assured the public the measure would not be used against government critics.
“No, they are not terrorists. Anybody who makes peaceful protests, they are not terrorists,” Lorenzana said.
Presidential spokesman Harry Roque said the public can seek legal remedies like a petition for a writ of amparo if they feel their rights have been violated, especially if they were arrested without basis under the anti-terrorism law.
He also said some people may just be over-interpreting the provisions of the proposed new law as some raised concerns that the law could be used against those going on strike and posting negative and anti-government sentiments, or for red tagging.
Before the approval on final reading, Masbate Rep. Narciso Bravo, one of the sponsors of House Bill No. 6875, dismissed the concerns raised by Quezon City Rep. Christopher Belmonte, invoking the legal principle of presumption of regularity on the part of authorities.
“We would like to believe that law enforcers will perform their duties in a regular manner.
We believe that there are still good people (in the police and the military) because otherwise, there’s no point legislating,”Bravo told the plenary during the period of interpellations.
Belmonte, a member of the Liberal Party, echoed concerns raised by left-leaning activists, human rights advocates, and other critics who fear the measure would be used to clamp down on legitimate dissent.
He said the reality on the ground is that authorities sometimes go around the law to pin down particular individuals because it is always presumed that they are just doing their jobs.
Bravo, the chair of the committee on public order and safety, urged the public to just trust the intent of the proposed law which seeks to make it easier for authorities to go after suspected terrorists.
Belmonte warned Bravo that despite the good intent of the measure, it can easily be abused not only by state forces but also by well-meaning public officials to go after critics.
He said the Commission on Human Rights (CHR) will always be there to safeguard the people’s fundamental rights.
WRONGFUL DETENTION
Deputy speaker Mujiv Hataman zeroed in on the repeal of a provision that awards P500,000 a day to victims of wrongful detention.
“Were removing the protection against mistaken identity,” he said when he interpellated another sponsor, Muntinlupa Rep. Ruffy Biazon, citing the case of a member of the AFP’s auxiliary force who was detained in Bicutan for allegedly being a terrorist but was later found innocent by the court.
Hataman said law enforcers can easily abuse the proposed law because as it is, some of them are already raiding Muslim communities, looking for fall guys to arrest and detain only to lose cases in courts for lack of evidence.
The interpellations were finished after four hours and the bill’s sponsor, including PBA party-list Rep. Jericho Nograles, rejected all proposed amendments proposed by other lawmakers, including that of Quezon City Rep. Jesus Suntay, chair of the committee on human rights, who tried to amend the provision allowing warrantless arrest of suspected terrorists.
Under the bill, which is identical to the Senate’s version, a suspect can be detained without a warrant for 14 days which is extendable by 10 more days and can be placed under surveillance for 60 days, extendable by up to 30 more days.
The bill authorizes wiretapping of suspected terrorists for a maximum period of 90 days as an amendment to the Anti-Wiretapping Law (R.A. No. 4200) and detention without judicial warrant of arrest for a maximum period 24 days of suspected terrorists instead of the present three-day maximum.
The measure defines terrorism as acts intended to cause death or serious bodily injury to any person or endangers a person’s life; engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property; acts intended to cause extensive interference with, damage, or destruction to critical infrastructure; developing, manufacturing, possessing, acquiring, transporting, supplying, or using weapons; and releasing dangerous substances or causing fire, floods or explosions when the purpose of such act, by its nature and context, is to intimidate the general public, create an atmosphere to spread a message of fear, provoke or influence by intimidation the government or any international organization, or seriously destabilize or destroy the fundamental political, economic, or social structures in the country, or create a public emergency or seriously undermine public safety. — With Victor Reyes and Jocelyn Montemayor