This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 35, October 9-15, 2005
The Rush for An Anti-Terror Law Why the rush? 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." © 2005 Bulatlat
■
Alipato Publications Permission is granted to reprint or redistribute this article, provided its author/s and Bulatlat are properly credited and notified.
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.
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.
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.
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