These days it is not
only the coronavirus pandemic and all the different problems and challenges
connected with it is hugging the headlines, a lot of other issues are
polarizing the nation and this is non other than the Anti-Terrorism Act of
20
20.
Congress has already
submitted the enrolled bill for the signature of President Rodrigo Roa Duterte,
the last hurdle before it can be called a law.
Different
personalities from politics, academe, the progressive groups, celebrities have
given their own two cents in the issue.
 |
| Lucy Torres-Gomez (from her Facebook account) |
And then there Lucy
Torres-Gomez who represents both the showbiz world and the world of politics
have spoken in public supporting the bill.
An elected representative
of the 4th district of Leyte, she has laid down incidents of catastrophic
effect in the lives who have been affected and has survived through it-
certainly not from the Luzon who seems to be the ones always crying outloud,
without really understanding our countrymen in some parts of the Visayas and
Mindanao- who have experienced to live with the fear what terrorists could do
to them.
Below is the full
quote of the Facebook post Congresswoman Lucy Torres-Gomez wrote:
There are many stories that I can share with you
about terrorism in our country but for now let me highlight just one.
On
January 27, 2019, the Abu Sayyaf and the Islamic State (IS) groups claimed
responsibility for the double-bombing of Our Lady of Mount Carmel Church in
Jolo, Mindanao. Twenty people died, 120 were injured. The attack was carried
out in the morning of a beautiful Sunday, when the faithful gathered for
worship as usual.
 |
| Jolo Cathedral bombings (photo credit to owner) |
It
wasn’t that there was no intelligence gathered on the arrival of these
Indonesian terrorists in Jolo, as a matter of fact they were red-flagged the
moment they reached immigration. And the sad truth is, that bombing could have
been prevented if only the Human Security Act (HSA) of 2007 provided for the
arrest of foreign nationals suspected of terrorism.
 |
| Bombing of a night market in Davao city (photo credit to owner) |
It
would be wise to review the Human Security Act of 2007 to understand its
significant shortcomings, such that a new law to repeal it was deemed
necessary. The most glaring is that the HSA is not equipped to help us PREVENT
a terrorist act from being undertaken. After 13 years in effect, only one
person actually got convicted, in connection to the Marawi Siege. The three
co-conspirators were acquitted. Most cases involving terrorists were tried
using the Revised Penal Code, a law that is predisposed to penalizing acts
already committed. Hence, we have no legal arsenal to stop terrorist plotters
before they inflict widespread death and destruction. Furthermore, the HSA has
no provision intended for foreign terrorists.
Our
country’s inability to arrest and prosecute suspected terrorists, keeps law
enforcement’s hands tied until a terrorist event occurs. It’s like giving the
terrorists a free pass, telling them that we are just going to watch their acts
of terror unfold first, and then we get our cue to run after them. The
terrorists are literally having “more fun in the Philippines,” because our laws
allow it so. This makes us a very conducive venue to undertake, plan and
prepare for terrorist activities.
 |
| Mamasapanp massacre of the brave men of the 44 PNP-SAF (photo credit to owner) |
It is
not a secret that the Philippines has been a haven for ISIS recruitment as
early as 2016. Terrorism is a regional activity, and in the whole SEA region
our anti-terrorism laws are the most lenient. They all come here because it is
easy for them to not only stay, but also thrive and increase in number.
This
past week, we have seen strong opposition against HB 6875 or the Anti-Terrorism
Act of 2020. I urge you all to read the bill first-hand and not rely on
second-hand opinions of others, who may have been influenced by those who
twisted the interpretation of actual sections of the bill to suit their
accusations. In the slides that follow you will read excerpts from the actual
bill. There are many questions, but I will focus on two that seems to disturb
many, from their perspectives.
First,
who is a terrorist? Can one be easily tagged (designated) and as such,
arrested?
Contrary
to popular belief now, one cannot be easily called or “designated” a terrorist.
This law is not meant to arrest regular protestors fighting for causes they
believe in. This law is meant to prevent fatal and disastrous terrorist events
from happening.
 |
| Marawi Siege (photo credit to owner) |
So
many of those who oppose the bill also say it quells freedom of expression, a
basic human right. For those who are worried about opposing the President, or
expressing dissent against the government or any of its officials for that
matter, kindly review Articles 138, 139 and 142 of the Revised Penal Code. You
will find that these are existing laws on inciting rebellion and sedition which
are more incriminating than this Anti-terrorism bill.
Will
this bill hinder you from attending rallies? It will not. And you also cannot
be arrested for attending JUST ANY RALLY. First, you have to be the one making
the speech. Second, your speech has to incite or encourage other people to
commit acts that a) threaten to kill, harm people, b) extensively damage
property, c) make or possess WMDs, d) damage or interfere with critical
infrastructure, and e) release substances to cause fire or explosion to create
public fear, emergency and destabilize the country.
It is
misleading to take either just the intentions or just the actions and insist
those to be the definition of a suspected terrorist. And if we all just
understand that the intentions and actions that constitute terrorism are really
GRAVE and DEVASTATING to our country, we will not let fear get in the way of
apprehending and bringing REAL TERRORISTS to justice. This bill is intended to
prevent another Marawi siege, another bombing of a public venue. And lest we
make this all about ourselves and our fears of how we may be held accountable
for what we say or do as we exercise our civil rights, think of our soldiers
who are dismembered by terrorists, remember, too, the SAF 44, that we were all
so outraged about.
Second,
the role of the ATC. The ATC is a nine-man council made up of cabinet members,
tasked to implement the Anti-Terrorism Act by creating programs, investigating,
and coordinating the prevention and fight against terrorism. Its most
significant powers are (a) designation of a person or organization as suspected
terrorist, and (b) authorizing warrantless arrest for 14-24 days, upon finding
of “probable cause” of terrorist activities defined in this Act. Without these
provisions, we have no way of apprehending terrorists BEFORE the attacks
actually happen. Please take note, probable cause has to be established. It is
explicitly stated.
In
comparison, the HSA of 2007, already allows unwarranted arrest but for only
three days of detention without judicial authority and must result exclusively
from court-ordered surveillance and financial investigation. This makes the HSA
unresponsive to the realities of actual terrorist operations, which is covert
and fast-paced. The Anti-terrorism bill facilitates timely action to prevent
terrorist events.
 |
| Zamboanga siege (photo credit to owner) |
For
those with serious reservations, especially in the determination of “probable
cause,” we can address the Anti-Terrorism Council and the Department of Justice
to establish “safeguards" against wrongful arrest and designation. These bodies
can put in place clear-cut, evidence-based procedures in determining “probable
cause” in the bill's Implementing Rules and Regulations, to be crafted 90 days
after the bill's approval.
I
agree that the timing could be better, in view of COVID-19. But on the flip
side, know also that the pandemic will not deter terrorist plots. In fact, this
is a vulnerable time for us. This bill has been languishing in Congress since
2016. This went through many hearings in the committee level, long before it
reached plenary. Perhaps we can all agree that there is no better time than the
present to protect our people from the threats of terrorism.
In International Law, terrorism is the highest crime against humanity.
Let us read the bill with the right target in mind. It is dishonest and a grave
injustice to dilute its strength and purpose by putting activists, critics, and
bashers in the same category as terrorists. This bill was made to stop
terrorists, not to make life inconvenient and uncomfortable for activists and
those who voice out dissent. Let us not reduce the argument as a simple choice
between human rights in one corner, and terrorism in the other. Because
terrorists have no regard for human life or rights, their intent and actions so
brutal and evil they can never even be mistaken as activists.
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Report from Lucy Torres-Gomes Facebook Account
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