The Office of the Solicitor (OSG), which had sought the dismissal of all petitions against the Anti-Terrorism Act (ATA) of 2020, lauded the Supreme Court’s (SC) decision which declared almost all provisions of the law constitutional.
In a statement, the OSG – the government’s law firm – said:
“The Office of the Solicitor General (OSG) is elated at the Media Advisory of the Supreme Court Public Information Office (SC-PIO) that the Highest Court of the land had affirmed the constitutionality of all the fifty-eight (58) provisions of Republic Act No. 11479 or the Anti-Terrorism Act of 2020, save for two (2) provisions which were partly declared unconstitutional.
“This affirmation is, indeed, a recognition of the Philippines’ paramount need for a dynamic law that will defend our citizens against the baleful impacts of terrorism.”
The SC-PIO, in a media advisory, said that declared unconstitutional in ATA, which was enacted on July 3, 2020 and enforced starting July 18, 2020, were:
1. “The qualifier to the proviso in Section 4 of RA 11479, i.e., ‘... which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety’ by a vote of 12-3 is declared as unconstitutional for being overbroad and violative of freedom of expression.
2. “The second method for designation in Section 25 paragraph 2 of RA 11479, i.e., ‘Request for designation by other jurisdictions or supranational jurisdictions may be adopted by the ATC (Anti-Terrorism Council) after determination that the proposed designee meets the criteria for designation of UNSCR (United Nations Security Council Resolution) No. 1373’ is declared unconstitutional by a vote of 9-6.”
It said that the SC ruled that “on the basis of the current petitions, all the other challenged provisions of RA 11479 are not unconstitutional.”
It added that the copy of the SC’s decision and the opinions of the justices will be released soon.
The OSG represented the government agencies named respondents in the 37 ATA petitions which were consolidated into one case.
With the law in place, the OSG assured the public that “our resolve to win this war must remain steadfast and unwavering.”
“As the OSG had pointed out before the Supreme Court, the fight against terrorism is a continuing struggle that our nation cannot afford to lose,” it stated.
“The degree of unity, then, that its citizens can muster is the final determinant of whether our beloved country will emerge as the victor or the vanquished,” it added.