by Adolf Azcuna
It is Rep Act No 11479 signed into law on July 3, 2020 and effective after publication for 15 days in the Official Gazette or newspaper of general circulation in the country. The Anti-Terrorism Council and the Secretary of Justice are to draw up the IRR or implementing rules in 90 days after the law’s effectivity.
It repeals or replaces the Human Security Act of 2007 which was allegedly largely unused because of the heavy fines provided against law enforcers who violated its safeguards.
It adopts a policy against terrorism and seeks to defend the nation against it. It then defines what constitutes terrorism, penalizes proposals to commit it, terrorist training, funding and recruitment activities and membership in designated terrorist organizations. It covers foreign terrorist activities that have links to the Philippines.
It creates an Anti-Terrorism Council composed of Executive Officials that will oversee the Act’s implementation.
It provides for an elaborate system of surveillance including wiretapping by state agents of suspected terrorists upon directive or permission from the Anti-Terrorism Council with the approval of the Court of Appeals, for a period of 60 days extendible for another 30 days.
It allows arrests without judicial warrants and detention without filing of charges in court for a period of 14 days extendible for another 10 days in the name of fighting terrorism.
And it removes the heavy fines on law enforcers if they transgress the law’s safeguards and instead provides for imprisonment of up to 12 years.
The thrust of the objections and of petitions to declare all or parts of the law invalid are or are likely to be—