Carpio schooled (again) by Lacson on Anti-Terrorism Law of 2020

We have lost track how many times Senator Panfilo “Ping” Lacson a non-lawyer has school members of the Bar, highlight of which is when he lectures and points out flaws in the reasoning of former Supreme Court justice on the newly signed Anti-Terrorism Act of 2020.

Carpio claims in his Philippine Daily Inquirer column that Lacson and President Rodrigo Roa Duterte were “sadly mistaken” with regard to the Communist Party of the Philippines-New People’s Army (CPP-NPA) as terrorists. He added proscription means the designation of a group or association as engaged in the crime of terrorism.

Lacson gave his reply to this statement by the retired justice via the social media platform of Twitter: “For the nth time, and again, with due respect to Justice Tony, PROSCRIPTION is different from DESIGNATION. Since proscription is a judicial process, let us leave it to the RTC or CA to decide on the pending case: Are CPP-NPA rebels terrorists?”

Retired SC Justice Antonio Carpio and Senaor Ping Lacson
(photo credit to owner)

An earlier statement of the senator explained that President Duterte’s statement claiming the NPAs are terrorists referred to the designation of the CPP-NPA as a terrorist group by the Anti-Terrorism Council in late 2017 as authorized by Sec. 11 of Republic Act 10168, the Terrorist Financing Prevention and Suppression Act of 2012.

This fact in turn allowed the filling of a proscription  case by the Department of Justice (DOJ). The proscription case is now pending before the Manila Regional Trial Court (RTC).

The senator explained the difference between designation and proscription – with designation an administrative act that can be exercised by the Executive Branch through the ATC; and proscription a judicial act which only the courts can decide.

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Report from Politiko

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