Claiming that the Anti-Terrorism Act (ATA) of 2020 poses grave threat to academic freedom, school professors and teachers from various universities and colleges asked the Supreme Court (SC) on Tuesday to declare the law as unconstitutional.
Their petition is the 31st filed with the SC since President Duterte signed ATA into law last July 3 and the government started implementing it last July 18.
The new petition is expected to be consolidated with the other petitions and the SC will also require the respondents to file their respective comment.
As of Tuesday, September 1, the SC has not acted on the plea for Temporary Restraining Order (TRO) pleaded in almost all the petitions.
Oral arguments on the petitions have been scheduled by the SC late this month, at the earliest, and with notices to all parties involved in the cases.
The SC has not acted on the request of the Office of the Solicitor General (OSG) to cancel the oral arguments in view of the health risks amid the COVID-19 pandemic.
In lieu of oral arguments, the OSG proposed the submission of written memoranda from parties and written answers to the clarificatory questions which should be known in a resolution to be issued by the SC.
Among the listed petitioners in the new case were University of the Philippines (UP) System Faculty Regent Dr. Ramon Guillermo, Executive Board Member, Education International and Alliance of Concerned Teachers (ACT)-Philippines Secretary-General Raymond Basilio; De La Salle University (DLSU)-Manila Professor and ACT Private Schools President Dr. Rowell Madula, University of Santo Tomas (UST) Faculty Association of Senior High School President and ACT-Private Schools Secretary-General Jonathan V. Geronimo;
UP-Diliman Director of Office of Community Relations and Congress of Teachers and Educators for Nationalism and Democracy-UP(CONTEND-UP) Chairperson Dr. Gerry Lanuza, ACT-NCR Union Treasurer Annariza C. Alzate, ACT-NCR Union Secretary and Quezon City Public School Teachers’ Association (QCPSTA) Vice-President Ruby Ana Bernardo, QCPSTA President and ACT-NCR Union Regional Council member Kristhean A. Navales;
ACT-NCR Union Caloocan Chapter President and ACT-NCR Union Regional Council member Grace Edoro, former director of Komisyon sa Wikang Filipino (KWF) Dr. Aurora Batnag, UP-Diliman Vice Chancellor for Community Affairs Dr. Aleli Bawagan, All UP Academic Employees Union National President and UP assistant professor Carl March Ramota, and UP-Diliman College of Science Dean Dr. Giovanni A. Tapang.
Named respondents were the President, Executive Secretary Salvador Medialdea, Senate President Vicente Sotto III, and House Speaker Alan Peter Cayetano.
The new petitioners asked the SC to nullify Sections 4, 5, 6, 7, 8 and 9 of ATA which violate the due process clause and freedom of speech and of expression.
They said Section 12, in relation to Sections 15, 25, 26, 27 and 36 violate the right to due process, academic freedom, and right to freedom of speech, expression, and association, while Sections 16 and 17 violate the right to privacy.
Section 29, they added, violates the persons’ rights against illegal arrest and detention.
“Hence, simple acts which are necessarily included in the performance of a profession such as teaching is a form of service and will include giving of ‘expert’ advice and assistance. As an example, an educator may be considered as a principal under Section 12 when his or her student is charged with terrorism under the ATA,” they added.
They also stressed: “The eagerness to end terrorism should never be used to curtail basic freedoms and rights guaranteed by the Constitution. For a war on terrorism that disrespects and disregards the rights of the people is not a war on terrorism. It is a war against the people.”