Sereno: Anti-terror law gives no protection to people

Former Supreme Court chief justice Maria Lourdes Sereno on Saturday, July 18, said that the people will not find any protection from the anti-terror law, contrary to what government officials and lawmakers claim.

The controversial law took effect on the same day that Sereno spoke at the online discussion organized by the Movement Against Tyranny (MAT) – Cebu. Over the weekend, various progressive groups took their protest against the measure online as Cebu City remains under modified general community quarantine (MGCQ).

(READ: Feared anti-terror law takes effect in the Philippines)

Sereno, who was ousted as chief magistrate in 2018, spoke about the constitutionality and implications of the anti-terror law. It was streamed on the group’s official Facebook page.

Sereno criticized the  lawmakers who voted in favor of the passing of the law as they gave an assurance to the public that it provides ample safeguards against abuse. According to Sereno, the law provides no such protections.

Six out of 10 Cebu representatives voted for the passing of the then-proposed measure while one abstained.

“Nakakakilabot ang sasabihin nilang magbasa lang kayo, andun naman lahat. Sabihin ko na po diretso sa lahat ng mga mambabatas na nagsasabing magbasa lang kayo andun na ang lahat ng proteksyon: wala pong proteksyon. Hindi po protektado ang taong bayan sa batas na ito,” Sereno said.

(It gives us goosebumps whenever they tell us to just read the law, that everything is there. Let me be frank with the lawmakers who are telling us to just read the law because all the protection is there: there is no protection. The people are not protected in this law.”)

She said many provisions of the law may be subject to abuse. Among those, she said, was Section 4 which provides a broad definition of terrorism and poses harm to ordinary citizens suspected to be terrorists. 

The Anti-Terrorism Council

She also pointed to Section 29 or the guidelines for detention of suspected terrorists without warrant of arrest. This, according to Sereno, gives the Anti-Terrorism Council the unconstitutional judicial power to “designate” suspected individuals as terrorists.

“Dito po sa anti-terrorism act, ang Anti-Terrorism Council po ay binibigyan ng kapangyarihan kontra sa Konstitusyon na magsabi kung sino ang pwede damputin, arestuhin at ilagay sa detention place for 14 days, imbes na sa hukuman kung saan malinaw ang aming procedure… dito po, walang procedure na ina-outline,” she said. 

(The anti-terrorism act gives the Anti-Terrorism Council the power, which is against the Constitution, to say who can be picked up, arrested, and placed in a detention cell for 14 days, instead of the court which has clear procedures… here, there is no procedure outlined.)

“Basta… i-designate lang ng Anti-Terror Council na ang isang tao ay terrorist, pwede na niya bigyan ng authorization ang kahit sinong military at law enforcement official upang arestuhin ang isang mamamayan,” she added.

(For as long sa the Anti-Terror Council designates a person a terrorist, it can already give any military or law enforcement official authorization to arrest a citizen.)

The detention period, as stated under Section 29, may even be extended to 24 days.

(READ: 10th petition vs anti-terror law assails violation of right to bail)

On Sunday, July 19, Anakbayan Cebu led an online protest via Zoom, pointing out the dangers the law poses for their fellow student leaders and progressive youth.

A perfect example, they said, was when 7 student activists and a bystander, now collectively known as Cebu 8, were arrested for illegal assembly on June 5. The 7 activists had protested the passage of the then- anti-terror bill while Cebu City was under general community quarantine (GCQ). They were released without bail on June 8.

Hannson Namoc, chairperson of Nagkahiusang Kusog sa Estudyante of the University of the Philippines Cebu (NKE UPC), said they expect more of types of these arrests now that the anti-terror law is in effect.

“Now in its full implementation, what we expect in the days to come is fear from this fascist administration, together with its minions: the AFP and PNP. More human rights abuses, more mass arrests and full state terror that does not only limit to activists, rights defenders and cause-oriented groups, but also [extends] to the students and even normal citizens,” Namoc said. – Rappler.com