The
Rush for An Anti-Terror Law
Using the Calibrated Preemptive Response and Executive Order
464, the government crackdown on groups and individuals
challenging the Gloria Macapagal-Arroyo presidency is in full
gear. A people’s lawyer said martial rule will be in full circle
once another fascist weapon, the Anti-Terrorism Bill, is signed
into law.
BY DABET CASTAÑEDA
Bulatlat
Forcing another controversial vote, the House Committee on
Justice approved the final draft of the Anti-Terrorism Bill (ATB)
on Oct. 4, in an executive session attended by 31 of its 56
members. This is the same committee that killed the impeachment
case against President Gloria Macapagal-Arroyo Sept. 6.
Since the voting happened in an executive session, media
coverage was not allowed. But a reliable source from the House
interviewed by Bulatlat said the committee was
deliberating Section 4 (Terrorism; How Committed) of the bill
when Rep. Marcelino Libanan (lone district, Eastern Samar) moved
that the committee instead vote for or against the Sept. 28
draft. |
DEFIANT: Fr. Joe
Dizon and Marie Hilao-Enriquez (right) join other activists in
singing "Pilipinas Kong Mahal" just a few minutes before the
dispersal of their "Walk for Democracy," Oct. 4
PHOTO BY ALEX REMOLLINO |
During the last public hearing on the ATB on Sept. 20, the
committee deliberated on Sections 3 (on definition) and 4 for
about three hours but could not agree on the issue. At that
point, one of the bill's authors, Rep. Imee Marcos (second
district, Ilocos Norte), moved that the Technical Working Group
(TWG) meet to discuss the matter.
A check with the committee secretariat showed that the TWG met
twice, on Sept. 22 and 28. It came up with the final draft that
was voted on by the committee on Oct. 4.
The bill is expected to reach the Senate for deliberations this
coming week if the majority once again prevails and the ATB is
immediately approved during the next House plenary session. Once
the Senate approves its own version, a bicameral committee will
convene to enact it into law.
On Oct. 5, the president certified the bill as urgent following
reports of another suicide bombing incident in Indonesia, and
persistent military intelligence reports that suicide bombers
are now headed for Manila.
By rushing the proceedings, the country may find itself with an
Anti-Terror Law in the next two weeks.
Why the rush?
Coupled with the Calibrated Preemptive Response (CPR) policy that
practically bans street protests and freedom of expression and the
controversial Executive Order 464 that prohibits public officials
(including police and military personnel) to attend congressional
investigations, the passage of an ATB makes martial rule in effect, public
lawyers said.
"With this scenario," said Neri Colmenares, convenor of the Counsels for
the Defense of Liberties (CODAL), "the president need not declare martial
law but would have the same effect as such."
Dean Pacifico Agabin of the Lyceum College of Law on the other hand said a
formal martial law declaration would push people to go to the streets to
defy it. "The president could be wise enough not to declare martial law so
the people may still have the impression that we are under a democratic
system even if we are not," he said in an interview with Bulatlat
this weekend.
"In other words, the people are deceived into conformity. If martial law
remains undeclared, it could preempt people power," he added. "She could
rule in a military way without declaring it."
Moreover, former Senate president and martial law prisoner Jovito Salonga
said the president would not be capable of declaring Martial Law for two
reasons: one, because the military is divided, and two, it is toothless
under Section 7, Article 18 of the 1987 constitution that states, in part:
"In case of invasion or rebellion, when the public safety requires it,
(the President) may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours from the
proclamation of martial law or the suspension of the privilege of the writ
of habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special session, may
revoke such proclamation or suspension, which revocation shall not be set
aside by the President."
Interviewed by Bulatlat, Salonga said the 1987 Constitution was
drafted against the proclamation of martial law.
Worse
Agabin also said the ATB pending in Congress is even worse than the U.S.
Patriot Act (PA) where it was supposed to be patterned.
He said while the
Patriot Act is a law that authorizes electronic surveillance or outlaws
money laundering for terrorists, "the proposed ATB will outlaw some forms
of people power like we know it."
He said the ATB
prevents rallies and demonstrations in public areas and streets - it
penalizes any act that would endanger public utility, facility or
transport system. The final draft also would consider transport and
factory strikes which may become "violent" as "terror acts."
For Colmenares, the most dangerous provision in the bill are Sections 8
(Proscription of Organization) and 9 (Membership in a Terrorist
Organization). "These provisions are a recipe for frame-up and its purpose
is to attack legal organizations," he told Bulatlat.
He said these provisions violate the basic criminal principle of "you do
the crime, you do the time" which means the criminal responsibility is not
with the class but with the individual.
Colmenares explains: For example a certain Pedro who is a member of an
organization goes out in public and says he committed a terrorist act
(that may not even be true), other members of the organization may go to
jail for six years even if was Pedro who committed a crime. Thus, a
person may go to jail for the acts of another person.
"And since there's immunity for witnesses, the person who squeals remains
safe. This bill has a very loose way of implicating people and has a very
nice way of immunizing the implicator," Colmenares said.
Attack on opposition
Rep. Roilo Golez (second district, Parañaque), one of the bill's principal
authors, withdrew his authorship last week and has denounced the bill
because it may be meant to be used against opposition lawmakers.
"This bill must be stopped. It's a draconian measure against the legal
opposition," he said.
The lawmaker, who also resigned from the president's political party at
the onset of the congressional investigation on the "Garci tapes," said
this bill would prevent Congress and Senate from investigating anomalies
and scandals of the Macapagal-Arroyo administration.
He added it is meant to augment EO 464 that is now under petition in the
Supreme Court.
The bill could also be used to curtail press freedom, Golez
said. In Section 7 (Acts that Facilitate, Contribute to or Promote
Terrorism), any media outfit that covers a congressional investigation can
be part of the destabilization process against the government and will
therefore be liable for a "terrorist act".
Constitutional crisis
The current hostility between the Executive and the Legislative
branches of government due to the CPR, EO 464 and the ATB could lead to a
constitutional crisis, Salonga also said.
A constitutional crisis, which Salonga said is a crucial moment or a very
tense situation due to a breakdown in the relations of the two political
departments of government, could arise once one of the two bodies insist
on going over the other.
Agabin however said this has been defused due the petition filed by the
House Independent Block (that includes Bayan Muna, Anakpawis and Gabriela
Women's Party) and other civil libertarians to the Supreme Court (SC).
"The SC would have the final say on this and both branches of government
are bound to follow its ruling," he said.
A higher stage of constitutional crisis would however arise if one party
does not abide by the SC ruling, he said. Bulatlat
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