The Department of Justice (DOJ) on Wednesday, Jan. 3, welcomed the Supreme Court’s (SC) issuance of the Rules on the Anti-Terrorism Act (ATA) of 2020 and related terrorism laws. 

In a statement, DOJ Assistant Secretary Jose Dominic F. Clavano IV said that the rules "provide the mechanism to file petitions and other similar pleadings in relation to the ATA.”

Clavano also said the rules "address contentious topics such as designation, proscription, surveillance, detention without judicial warrant of arrest, and significantly it also added the remedy or recourse for those who believe they have unjustly been designated.”

“The department, together with the Supreme Court, understands the balance it must maintain between individual rights and collective rights of the Filipino people,” he said. 

He pointed out that these individual rights that have to be protected include data privacy, free speech, freedom of expression, and freedom of the press.

On the other hand, he said that the state has to ensure “the right to be secure of your person, and the peace and security issues that we currently face.”

“Gumawa ng rules para po makapagreferee ‘yung Supreme Court ng maayos between the two rights that usually clash in these issues (The rules were adopted so that the SC can referee for these rights that clash in these issues),” he stressed. 

Meanwhile, Clavano assured that the ATA is not a repressive law nor was it meant to be used to suppress the opposition.

He reminded that the SC has already ruled on 27 petitions that sought to declare the ATA as unconstitutional.

“We have to equip the law enforcement with significant powers to be able to prevent this (terrorism) from happening even before it happens,” he said.

He recounted that ATA repealed the Human Security Act (HSA) of 2007 which he described as a "tootless" legislation. 

Under the SC's rules, starting Jan. 15, 2024, law enforcers cannot legally conduct online surveillance like wiretapping of conversations, intercepting social media accounts, and collecting and reproducing images and photographs of suspected terrorist groups or individuals without an order from the Court of Appeals (CA).

The CA order, if issued within 72 hours from the termination of the summary proceedings on the surveillance petition, may also require telecommunication firms and internet providers to provide the needed data sought by law enforcers.

Also, suspected members of terrorist groups and individuals who are arrested without judicial warrants cannot be detained for more than 36 hours from the time of arrest without written authority from the Anti-Terrorism Council (ATC).

Before the lapse of the 14-day extension which is counted from the day of arrest, the ATC through the Department of Justice (DOJ) should file before the regional trial court (RTC) a motion for extension of detention of the suspected terrorist for not more than 10 days. The motion should contain the justification for the continued detention of a suspect.

If the RTC finds no evidence for further detention, the detained suspected terrorist should be released immediately.

Also under the rules, members of organizations and individuals suspected of being terrorists can file before the CA their petition against their designation as “terrorists” and the freeze order on their assets issued by the Anti-Money Laundering Council (AMLC).

The CA should render its decision on the petition within one month from the time the case is submitted for resolution.

Also, the designation of an organization and its members and individuals as “terrorists” should be filed by the DOJ before the CA which is authorized to issue a preliminary order of proscription based on probable cause established in the petition.

The proscription petition should be decided by the CA within three months from the date the case is submitted for decision. The CA’s permanent order of proscription is valid for three years from the date of the publication of the order in a newspaper of general circulation and in the official website of the ATC, DOJ, AMLC, NICA (National Intelligence Coordinating Agency), and the Official Gazette.

“The permanent order of proscription shall automatically lapse upon the expiration of the three-year period provided that there is no order extending or continuing the proscription,” the rules state.

The rules also provide reliefs for vulnerable groups composed of the elderly, pregnant, persons with disability, women, and children.

The arrested persons belonging to vulnerable groups should be detained in a facility that is separate and more appropriate to his or her condition, and that the spouses, parents or legal guardians should be informed of the detention.

Also, the rules provide that in cases where the persons arrested belong to vulnerable groups and cannot safeguard their interest, the court should appoint a guardian to protect their legal rights.