NextGen Day

Except for two articles of the law, the Supreme Court (SC) affirmed the legality of the Republic Act (RA) 11479 or the Anti-Terrorism Act of 2022 on Thursday.

Apart from a section of Section 4 and a piece of Section 25, the high court stated in a media advisory that none of the other challenged provisions of RA 11479 are unconstitutional.

Section 4 deals with excluding mass actions and comparable civil and political rights exercises from the definition of terrorism, whereas Section 25 deals with petitions by foreign agencies or entities to designate individuals as terrorists or terrorist groups.

“Some of the laws determined not illegal in these cases are interpreted in the ponencia (majority decision) and the various opinions,” the SC noted.

“Await the publication and study the decision and the separate opinions for an explanation of the voting,” it recommended the parties and the public.

The qualifier portion of Section 4, which states “which are not intended to inflict death or significant physical harm to a person, to jeopardize a person’s life, or to constitute a serious risk to public safety,” was declared unconstitutional by the SC by a 12-3 vote.

This qualification to Section 4’s proviso “is deemed illegal for being overbroad and violating freedom of expression,” according to the court.

Section 25, paragraph 2, which enables “requests for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC following an assessment that the prospective designee fits the criteria for designation of UNSCR No. 1373” was also struck down by a 9-6 majority.

Malacanang would not issue a comment “until we have secured a copy of the newest Supreme Court ruling on Republic Act Number 11479 or the Anti-Terrorism Act of 2020,” according to Acting Presidential Spokesperson Cabinet Secretary Karlo Nograles.

Nograles said that once the Palace gets the Supreme Court verdict, the Office of the Executive Secretary would review it and, in cooperation with the Office of the Solicitor General, decide on the next steps.

In a statement, he said, “We repeat that Republic Act Number 11479 demonstrates our determination to seriously fight terrorism and maintain the rule of law.”

Hermogenes Esperon Jr., the National Security Adviser, and Interior Secretary Eduardo Ao remained silent on the issue until they received a copy of the Supreme Court verdict.

“Hindi ko natanggap yung advisory ng (I have not gotten the Supreme Court’s) advisory, so hindi muna ako magko (I will not make a) statement until I obtain that document for further study,” Esperon added.

He did point out, however, that only “two elements” of RA 11479, not the entire statute, were found invalid.

Ao echoed Esperon, adding that he respects the SC’s judgment but that “adjustments” to the statute might be made.

“First and foremost, we respect the Supreme Court’s ruling. Except for the two items noted by the Supreme Court, the entire ATA law is lawful. “The deemed unconstitutional provisions are minor, and they will have no impact on ATA 2020,” he explained.

“We’ll make the necessary adjustments,” he added, “but we’ll vigorously enforce the Anti-Terrorism Law to safeguard the people from all acts of terrorism.”

The implications of the Supreme Court verdict will be studied, according to Defense Secretary Delfin Lorenzana.

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