What’s at stake: Bulatlat reminds voters of candidates’ stand on anti-terror law

CHEERS TO Bulatlat.com for reminding the public that one of the most contested bills in Philippine history should be among the crucial issues they should consider as they cast their ballots in the upcoming elections. In a February 20 article, Bulatlat recounted the stance of presidential and vice presidential candidates on the Anti-Terrorism Act (ATA) of 2020.

While the Supreme Court has already ruled to retain all but two of the contested provisions of Republic Act No. 11479 on December 9, 2021, the full decision and separate opinions of the justices were only published on February 15, 2022, putting the ATA under the media radar. 

The two provisions that were voided in December were:

• the “killer” caveat in Section 4e of the law, which only exempted dissent from classification as a form of terrorism if it did not intend to cause harm; and
• the “the second method” of designation under Section 25, which allowed the anti-terror council to designate terrorists at the request of other countries.

Among the most contentious provisions that were upheld by the Supreme Court as constitutional:

• a provision under Section 25 that allows the Anti-Terror Council to designate any person as a terrorist, without prior public hearings and any opportunity to contest the tag; and
• the anti-terror council’s power to carry out warrantless arrests and prolonged detention under Section 29.

The timely report featured an interview with Cristina Palabay, secretary-general of human rights group KARAPATAN, who stressed the importance of a candidate’s stand on the ATA. Palabay said that no less than our civil liberties and freedoms are at stake, once the law goes into full force. 

The report neatly summed up in quote cards what each presidential and vice-presidential candidate has said about the measure. 

Those openly against the measure are:

• Senator Kiko Pangilinan, vice-presidential candidate; 
• labor leader Ka Leody De Guzman, and Professor Walden Bello, who are running for president and Vice President, respectively.

Three candidates have expressed reservations about the ATA and are open to revising it:

• Vice President Leni Robredo, presidential candidate;
• Senator Manny Pacquiao and his running mate House Deputy Speaker Lito Atienza, who are vying for the presidency and vice-presidency respectively. 

Four candidates openly support the Act: 

• Senators Ping Lacson and Tito Sotto, who are among the authors of the measure,; and
• The Bongbong Marcos-Sara Duterte tandem. 

Lastly, one pair of candidates has yet to make a categorical stand on the issue, that of Mayor Isko Moreno and Dr. Willie Ong.

The report closed with Palabay enjoining candidates for national posts to call for the repeal of the ATA, reiterating what critics have said: that the measure has no place “in a so-called democracy”. 

Most media groups have been content to follow the campaign trail. Bulatlat has focused on helping voters think about their choice, informing the public about how candidates have taken a policy issue that requires the judicious balance between security and human rights. 

Unfortunately, not enough journalists have connected the significance of the ATA and the dark shadow it casts on the future of press freedom, free expression, and civil liberties.