One of the loudest
voice who always criticizes the administration of President Rodrigo Roa Duterte
is non other than retired Supreme Court senor associate justice Antonio Carpio.
As early as now, even
if it is not yet signed by President Rodrigo Duterte, Carpio has already made
it known to the public that he will question the said measure was it is already
signed into law.
He calls the
Anti-Terrorism bill as a “very defective” measure with “many unconstitutional
provisions.”
Retired Supreme Court senor associate justice Antonio Carpio (photo credit to owner) |
Carpio notes that if
signed into law it will put the whole Philippines “permanently under a
situation worse than martial law.”
Carpio has been intimately
described as “best chief justice we never had,” said he would be among the many
petitioners who would challenge the proposed bill once signed by the President.
“With the Anti-Terrorism Act as
part of the law of the land, it is as if the Philippines is permanently under a
situation worse than martial law,” Carpio said in an online forum
Carpio specifically
objected to the following provisions for going against the Constitution or for
being too vague and broad:
- Section 29 allows the ATC to authorize the arrest of
persons who are merely “suspected” of committing terrorism, in violation
of the Constitution’s requirement that a warrant of arrest be issued by a
judge upon finding of probable cause.
- Section 29 allows the detention of a suspect for as long
as 24 days without being charged with any crime before the courts, eight
times longer than the three-day maximum period provided by the Constitution.
- Section 25 empowers the ATC to designate persons or
organizations as
“terrorist”
without being required to conduct hearings where they can air their side and
rebut the allegations. Recruitment to or membership in such organizations is
penalized under Section 10.
- Section 34 provides for the house arrest of suspects
even if they are entitled to bail as a matter of right in non-grave
felonies or by reason of weak evidence in nonbailable offenses.
- Section 4(a) vaguely defines terrorism as committed by a
person who “engages in acts intended to cause death or serious bodily
injury to any person, or endangers a person’s life.”
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