Rising
from the Dead
Recycled bills in the 13th Congress
Among
the bills and resolutions now in the Order of Business for the 13th
Congress are measures recycled from previous administrations. Of
particular note are measures to curb “terrorism” and change the 1987
Constitution.
BY
ALEXANDER MARTIN REMOLLINO
Bulatlat
In
the new Congress, highly contentious bills in the past have been slightly
revised and filed.
Among
the bills and resolutions now in the Order of Business (OB) for the 13th
Congress, which opened last July 26, are measures recycled from previous
administrations. Particularly noteworthy is the resurrection of measures
to curb “terrorism” and change the 1987 Constitution.
Measures
related to these two issues were raised as early as the administration of
Fidel V. Ramos (1992-1998). After taking a backseat in the wake of
protests, these were recycled during Joseph Estrada’s presidency and
Gloria Macapagal-Arroyo’s stint as constitutional successor of Estrada
who was ousted by a popular uprising in 2001. Since they failed to take
off in the past, the measures are being proposed anew.
Anti-terrorism
bills
There
are two bills which supposedly aim to right terrorism. One, filed by
Iloilo Rep. Augusto Syjuco. seeks to classify terrorism as a “heinous
crime.” Another, filed by Mandaluyong Rep. Benhur Abalos, aims to
legislate the installation of monitoring devices in public places.
Syjuco
filed anti-terrorism bills in the 12th Congress. The Abalos
bill, if passed, may be used to monitor the activities of cause-oriented
groups and individuals.
One
of the most controversial bills in the 12th Congress was House
Bill (HB) No. 3802 filed by Ilocos Norte Rep. Imee Marcos, known as the
Anti-Terrorism Act. If passed, HB 3802 would have allowed police to
conduct surveillance on suspected terrorists and obtain information even
from personal communications such as electronic mail, telephone
conversations, and even text messages.
Cause-oriented
groups opposed this bill due to the vague definition of terrorism. The
bill defined terrorism as “an act of violence or threat intended or
calculated to provoke a state of terror in the general public, a
particular person or a group of persons for political purposes.”
The
bill had no clear definition of “act of violence or threat,”
“political purposes,” or “state of terror.” Critics of HB 3802
argued that with such a vague definition of “terrorism,” even
legitimate and legal actions such as strikes and protest rallies may be
construed as sowing terror for political purposes.
The
danger of vagueness became more evident in 2002 when President Gloria
Macapagal-Arroyo accused striking workers who demanded higher wages and
better working conditions as “terrorizing” factory owners.
Furthermore,
the bill would have endangered leaders and members of cause-oriented
groups which have been accused by the military of being front
organizations of the Communist Party of the Philippines and the New
People’s Army (CPP-NPA). The NPA is listed by the U.S. State Department
as a “foreign terrorist organization.”
There
had been similar measures pushed during the Ramos administration, such as
the bill legislating a National Identification System and Sen. Juan Ponce
Enrile’s bill seeking to legalize government access to bank accounts.
The Estrada administration tried to pass these laws but had to be shelved
due to massive protests from cause-oriented groups and individuals.
Charter
change
There
are currently two bills and seven resolutions pushing for amendments to
the 1987 Constitution. One of the resolutions is co-authored by House
Speaker Jose de Venecia.
De
Venecia is pushing for a shift in the form of government from presidential
to parliamentary. Aside from that, he is also reported as pushing for
measures that would make the country more attractive to investors.
Advocates
of the globalization policies criticize the 1987 Constitution for having
provisions that restrict foreign ownership of business enterprises and
prevent foreigners from owning land and media outfits, saying they
discourage foreign investors.
More
bills are expected to be filed as legislators get to work. Clearly,
measures that will be proposed in the days to come may not necessarily
work for the benefit of the toiling masses, based on the nature of the
already filed bills and resolutions. Bulatlat
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