‘Vagueness’ in anti-terror law cleared in implementing rules crafted by agencies led by DOJ

Justice Secretary Menardo I. Guevarra said the alleged vagueness in the Anti-Terrorism Act (ATA) of 2020 has been addressed in its Implementing Rules and Regulations (IRR).

"Ambiguity in the law itself... has been given remedy by the IRR that was crafted by inter-agency group led by the DOJ” (Department of Justice), Guevarra said during the Laging Handa public briefing on Friday, Feb. 5.

"We are hoping that with the IRR, the vagueness in the provisions of the law have been somehow remedied. We will leave it to the SC (Supreme Court) to resolve if the alleged vagueness has actually been remedied by the IRR," he said.

The SC is expected to resume oral arguments on Tuesday, Feb. 9, on 37 petitions that challenged the alleged unconstitutionality of ATA.

During last week's arguments, only the side of the petitioners were heard and the justices have yet to continue their interpellation on the issues and arguments presented by the petitioners.

After the petitioners, the side of the government – through the Office of the Solicitor General (OSG) – will be heard. Interpellations by the justices are also expected.

Thereafter, the SC will hear the opinion of its appointed “friend of the court” in the persons of its retired colleague, then Associate Justice Francis H. Jardeleza, who is expected to share his knowledge and expertise on ATA.

Guevarra noted that interesting issues were raised by the SC during its oral arguments, which inevitably led to "fireworks." He did not elaborate.

During the same briefing, Guevarra also tackled a wide range of issues – among them the University of the Philippines (UP) and Department of National Defense (DND) accord, the anti-drug war review panel, and Christine Dacera case.

On the UP-DND accord, Guevarra refused to comment as he pointed out that the issue may be brought to the DOJ.

On the drug “war” review, Guevarra said the subject of the review is the number of persons killed in the illegal drugs operations and the DOJ  has submitted its initial report to President Duterte “with certain recommendations.”

The review involves the deaths of more than 5,000 persons as of last year, he said.

He explained that the DOJ-led group “selected pilot areas for the initial investigation and ‘pinili naming’ (what we selected) are those  with concentrated or heavy incidents pertaining ‘dun sa namatay’ (those who died).”

He pointed out: “We gave the PNP (Philippine National Police) sufficient time to comment on the findings”

“We provided a copy of the report where we made certain findings, not so flattering against certain police enforcement officers involved in drug operations,” he said.

Guevarra begged for understanding as to why they cannot publicize their findings now as they are continuing their investigations in Visayas and Mindanao.

"We do not want to make it appear na yung findings namin (that our findings) in certain pilot areas, like Region 3 and Region 4 and certain major cities, are truly representative of what is happening in the country," he explained.

“Be assured that these reports, at least the findings and highlights of these reports, will be made public at the proper time,” he said.