The lack of Implementing Rules and Regulations (IRR) of the recently enacted Anti-Terror Law of 2020 prevented the military and the police from conducting electronic surveillance on the activities of the enemies of the State, Sen. Panfilo M. Lacson said today.
(SENATE OF THE PHILIPPINES / MANILA BULLETIN FILE PHOTO)
Had the IRR been crafted within 90 days from the enactment of the Anti-Terror bill into law, the recent twin Jolo, Sulu bombings could have been averted, Lacson theorized.
This lack of the IRR also prevented government agents from arresting the culprits even in the planning stage, according to Lacson, who is one of the authors of the Anti-Terror Law.
Lacson said included in the ATL that allows government to arrest culprits are inchoate offenses, preparation, planning, recruitment, and training.
‘’Maski hindi pa nagaganap mismo ang act of terrorism, separate crime na ‘yan. Parang ito hindi ito bago dahil sa RPC (Revised Penal Code) may inciting to commit sedition. Doon naka-pattern,’’ Lacson said. (Even if the act of terrorism is not yet happening, they could be arrested as it is a separate crime. This is not new in the Revised Penal Code. It includes inciting to rebellion)
Although the ATL has no IRR yet, according to Lacson, it is effective because it is a law.
‘’For purposes of filing ang kaso sa recent Jolo bombing, puwedeng gamitin ang ATA 2020 sa pag-file ng charges,’’ he explained. (For purposes of filing a case in the recent Jolo bombing, the ATL could now be used)
‘’Ang opportunity lang na na-miss ng ating law enforcement doon ang features na pwede mag-aresto sa planning preparatory stage ng act of terrorism,’’ he explained. (The opportunity lost to law enforcement agencies that are features in the ATL is their authority to arrest even in the planning preparatory stage of the act of terrorism)
“Assuming hindi nangyari ang pagpatay sa mga intelligence officers ng Army sa kamay ng Jolo police, puwede na sila sana mag-aresto dahil sabi ng Philippine Army, they were already hot on the trail of the female bomber na siyang nagsagawa ng suicide bombings,’’ he added. (Assuming that the recent killing of intelligence officers of the Army by Jolo police did not take place, the culprits (in the twin bombings) could have been arrested because the Philippine Army was already hot on the trail of a woman who staged the suicide bombing)