Documentos de Académico
Documentos de Profesional
Documentos de Cultura
SUPREME COURT
MANILA
Petitioners,
-versus-
2
PREFATORY STATEMENT
There is no question that the State, under the law and the
Constitution, has a bounden duty to protect everyone within its
jurisdiction from the horrors of terrorism and its many
contemporary forms. But the method by which the State seeks
to repress terrorism must not be repressive in itself. Else, the
State ironically transforms into a hideous principal terrorist
itself, in violation of the Bill of Rights.
3
and properties of those designated and is an encroachment on
the power of the judiciary to decide on the rights and
obligations of persons. The ATC’s power to authorize arrests
based on suspicion tramples on the constitutional standard of
probable cause and the exclusive power of the judge to issue
warrants of arrest.
Yet, such lists and documents are the result of procedures that
do not amount, by any stretch of the imagination, to an
adversarial process before a court of law where an accused is
given his right to confront and cross-examine the witnesses
ranged against him by his accusers. Such documents or lists,
without further evidence establishing guilt beyond reasonable
doubt, can never be constitutionally sufficient to deny
individuals, groups and associations their constitutional right
to life, liberty, and property, which are all zealously protected
by the Bill of Rights.
4
Hence, Petitioners respectfully pray for the Honorable Court to
wield its supreme duty to uphold the supremacy of the
Constitution by striking down the Anti-Terrorism Act of 2020 for
being repugnant to the Constitution.
5
the Official Gazette. Counted from 6 July 2020, the law’s date of
publication in the Official Gazette, the Anti-Terrorism Act took effect
on 21 July 2020.
4) Thus, under Rule 65 of the Rules of Court as amended,
Petitioners have sixty (60) days from 21 July 2020, or until 19
September 2020, within which to file this Petition. Hence, Petitioners
are filing the instant action on time.
PARTIES
6
transcendental importance, that of upholding the fundamental and
constitutional rights including the right to freedom of speech, of
expression, of the press, and to peaceably assemble.
8.1 JOEL R. BUTUYAN
8.2 ROGER R. RAYEL
8.3 GILBERT T. ANDRES
8.4 CRISPIN FRANCIS M. JANDUSAY
8.5 KIMBERLY ANNE M. LORENZO
8.6 GELIE ERIKA P. ESTEBAN
8.7 ELREEN JOY O. DE GUZMAN
8.8 NICOLENE S. ARCAINA
8.9 SHAWN DUSTIN B. COSCOLUELLA
7
12) ELLEN T. TORDESILLAS is of legal age, Filipino, the
President of VERA Files, Inc., and a veteran journalist whose political
blog, ellentordesillas.com, is one of the country’s top political blogs.
She also writes columns for the English-language Malaya Business
Insight. Her columns also appear in ABS-CBN online.
8
academic freedom and freedom of expression are infringed or
otherwise threatened by the provisions of the law questioned in this
Petition, as discussed below.
9
and regulations for its effective implementation. It may be served
with summons, court processes, and pleadings at the DOJ, Padre
Faura Street, Ermita, 1000 Manila.
10
28) All the Respondents are required to be collectively served
summons, court processes, and pleadings through the OFFICE OF
THE SOLICITOR GENERAL, 134 Amorsolo Street, Legazpi Village,
Makati City, Metro Manila.
STATEMENT OF FACTS
11
30) The other salient sections of the Bill of Rights that are
relevant to this Petition are as follows:
12
SECTION 22. No ex post facto law or bill of attainder shall
be enacted.
31) Article VIII of the 1987 Constitution further strengthened
the protection of civil and political rights even during extra-ordinary
times such as the suspension of the privilege of habeas corpus, by
providing for a three-day maximum period of detention, to wit:
SECTION 18.
…
13
39) On 3 August 2020, AFP Chief Gapay, said at his first press
conference as the AFP Chief of Staff that his agency wants to regulate
social media to counter violent extremism, and for this purpose, the
AFP will propose specific provisions in the Implementing Rules and
Regulation of the assailed ATA addressing social media.3
43) Petitioners contend that eight (8) out of the nine (9) penal
provisions of the Anti-Terrorism Act are repugnant to the Constitution
for transgressing fundamental rights, including the right to freedom
of speech, the right of the people to peaceably assemble and petition
the government for redress of grievances, and the right to freedom of
association. These repugnant penal provisions are Sections 4, 5, 6, 7,
8, 9, 10, and 12, and they are reproduced below for the Court’s
convenience:
3
Michael Punongbayan, ‘New AFP chief: Terror law to regulate social media’ The Philippine
Star, August 4, 2020, available at
https://www.philstar.com/headlines/2020/08/04/2032704/new-afp-chief-terror-law-regulate-
social-media; Frances Mangosing, ‘PH military chief wants social media use regulated through
terror law’, Philippine Daily Inquirer, August 3, 2020, available at
https://newsinfo.inquirer.net/1316253/ph-military-chief-wants-social-media-use-regulated-
through-terror-law
14
Sec. 4. Terrorism – Subject to Sec. 49 of this Act, terrorism
is committed by any person who, within or outside the
Philippines, regardless of the stage of execution:
15
Sec. 5. Threat to Commit Terrorism – Any person who
shall threaten to commit any of the acts mentioned in Sec. 4
hereof shall suffer the penalty of imprisonment of twelve (12)
years.
16
who, without taking any direct part in the commission of
terrorism, shall incite others to the execution of any of the acts
specified in Section 4 hereof by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end, shall suffer the
penalty of imprisonment of twelve (12) years.
17
in any capacity in or with such armed force.
18
suitable ways and means for the above purposes, any private
communications, conversation, discussion/s, data,
information, messages in whatever form, kind or nature,
spoken or written words (a) between members of a judicially
declared and outlawed terrorist organization, as provided in
Section 26 of this Act; (b) between members of a designated
person as defined in Section 3(e) of Republic Act No. 10168; or
(c) any person charged with or suspected of committing any
of the crimes defined and penalized under the provisions of
this Act: Provided, That, surveillance, interception and
recording of communications between lawyers and clients,
doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.
19
(1) that there is probable cause to believe based on
personal knowledge of facts or circumstances that the crimes
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and
12 of this Act has been committed, or is being committed, or is
about to be committed; and
20
of persons under Section 26 of this Act.
21
preceding paragraph.
22
procedure for the cancellation of the passport of the accused.
23
AMLC determines to be reasonably needed for monthly
family needs and sustenance including the services ofo
counsel and the family medical needs of such person.
< < < 0 >>>
24
National Commission on Muslim Filipinos (NCMF) shall
serve as support agencies of the ATC.
25
(d)Legal affairs program – The program shall ensure
respect for human rights and adherence to the rule of law as
the fundamental bases of the fight against terrorism. It shall
guarantee compliance with the same as well as with
international commitments to counterterrorism-relate
protocols and bilateral and/or multilateral agreements.
26
organization, association or group of persons prescribed
under Section 26 hereof;
(g)Grant monetary rewards and other incentives to
informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and conviction
of person or persons found guilty for violation of any of the
acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of this Act: Provided, That, no monetary reward shall
be granted to informants unless the accused’s demurrer to
evidence has been denied or the prosecution has rested its
case without such demurrer having been filed;
(h)Establish and maintain coordination with and the
cooperation and assistance of other states, jurisdictions,
international entities and organizations in preventing and
combating international terrorism;
(i) Take action on relevant resolutions issued by the UN
Security Council acting under Chapter VII of the UN Charter;
and consistent with the national interest, take action on
foreign requests to designate terrorist individuals,
associations, organizations or group of persons;
(j) Take measures to prevent the acquisition and
proliferation of terrorists of weapons of mass destruction;
(k)Lead in the formulation and implementation of a
national strategic plan to prevent and combat terrorism;
(l) Request the Supreme Court to designate specific
divisions of the Court of Appeals or Regional Trial Courts to
handle all cases involving the crimes defined and penalized
under this Act;
(m) Require other government agencies, offices and
entities and officers and employees and non-government
organizations, private entities and individuals to render
assistance to the ATC in the performance of its mandate; and
(n)Investigate motu proprio or upon complaint any
report of abuse, malicious application or improper
implementation by any person of the provisions of this Act.
27
Prayer for the Issuance of a Temporary Restraining Order and/or
Writ of Preliminary Prohibitory Injunction.
46) The acts of Public Respondents, if not immediately
restrained or enjoined, will cause grave and irreparable injury to
Petitioners as journalists, human rights and rule of law organizations,
human rights defenders, taxpayers, Filipino citizens, and/or
members of the legal profession, and the entire Filipino people as the
Anti-Terrorism Act tramples on fundamental constitutional rights.
I.
PETITIONERS HAVE STANDING TO FILE THE
INSTANT PETITION FOR CERTIORARI AND PROHIBITION
II.
THE CONTROVERSY IS SUFFICIENTLY RIPE FOR THE
HIGH COURT’S ADJUDICATION
III.
THE FILING OF THE INSTANT PETITION DOES NOT
VIOLATE THE HIERARCHY OF COURTS, GIVEN THE
URGENCY AND THE NATURE OF THE ISSUES INVOLVED
IV.
THE PETITION INVOLVES MATTERS OF PUBLIC
INTEREST AND TRANSCENDENTAL IMPORTANCE SUCH AS
WOULD JUSTIFY A RELAXATION OF PROCEDURAL
REQUIREMENTS FOR CONSTITUTIONAL ADJUDICATION
28
VIOLATIONS OF THE BILL OF RIGHTS
I.
THE RIGHT TO FREEDOM OF SPEECH, AND
OVERBREADTH
A. SECTION 4--TERRORISM
1. CRIMINALIZES INTENT AND PREPARATORY ACTS, WHICH
INCLUDE SPEECH.
29
ADVERTISEMENT OR PROPAGANDA.”
II.
VOID FOR VAGUENESS
A. SECTION 4--TERRORISM
B. SECTIONS 5, 6, 7, 8, AND 9
THESE PROVISIONS, BY REFERRING TO THE UTTERLY VAGUE
DEFINITION OF “TERRORISM” IN SECTION 4, ARE NECESSARILY
VAGUE AND, THEREFORE, UNCONSTITUTIONAL
III.
IV.
EX POST FACTO LAW/BILL OF ATTAINDER
SECTION 10—RECRUITMENT TO AND MEMBERSHIP IN A
TERRORIST ORGANIZATION
VIS-À-VIS UN SECURITY COUNCIL DESIGNATIONS
30
V.
DUE PROCESS CLAUSE
B. SECTIONS 45 AND 46
VI.
RIGHT AGAINST UNREASONABLE SEARCHES & SEIZURES
SECTION 29—DETENTION WITHOUT JUDICIAL
WARRANT OF ARREST
VII.
RIGHT TO PRIVACY
SECTION 16—SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF
COMMUNICATIONS
VIII.
RIGHT TO BAIL
SECTION 29—DETENTION WITHOUT JUDICIAL
WARRANT OF ARREST
31
IX.
RIGHT TO TRAVEL
SECTIONS 34—RESTRICTION ON THE RIGHT TO
TRAVEL
X.
RIGHT AGAINST INVOLUNTARY SERVITUDE
SECTIONS 46—FUNCTIONS OF THE COUNCIL
XI.
THE PRESUMPTION OF CONSTITUTIONALITY DOES
NOT APPLY TO “THE ANTI-TERRORISM ACT OF 2020”
SINCE ITS NUMEROUS PROVISIONS VIOLATE
FUNDAMENTAL CONSTITUTIONAL RIGHTS.
I.
SEPARATION OF POWERS
II.
GUARANTEE OF THE PRIVILEGE OF HABEAS CORPUS
32
SECTION 29—DETENTION WITHOUT JUDICIAL
WARRANT OF ARREST
III.
CALLING OUT POWERS RE: MILITARY
33
DISCUSSION
34
51) As for the second requisite, it is complied with when the
Petitioners show that there is a substantial likelihood that the relief
requested will redress the claimed injury.13 Even if the line of
causation between the injury and the conduct is attenuated, the
existence of "an identifiable trifle" is sufficient for meeting this
requisite.14
35
claims susceptible of judicial adjudication.16 Under this principle, a
suit is not ripe where it was brought too early. 17 The principle is
underlined by the fact that, until the controversy becomes concrete
and focused, the court would find it difficult to evaluate the practical
merits of each party.18 However, the requirement of ripeness is not
bound to any hard and fast rules, 19 and the degree of ripeness
required may vary depending on the nature of the constitutional
problem involved.20
58) This Honorable Court has held that the people need not
await the implementing evil to befall on them before they can
question acts that are illegal or unconstitutional. In Pimentel, Jr. vs.
Hon. Aguirre,23 citing Tañada v. Angara,24 the High Court held, that:
36
department is seriously alleged to have infringed the
Constitution, settling the controversy becomes the duty of
this Court. By the mere enactment of the questioned law or
the approval of the challenged action, the dispute is said to
have ripened into a judicial controversy even without any
other overt act. Indeed, even a singular violation of the
Constitution and/or the law is enough to awaken judicial
duty. Said the Court:
37
involves a petition for certiorari and prohibition within the court's
original jurisdiction within the Constitution, the Court may exercise
primary jurisdiction over said case though it apparently failed to
observe the rule of hierarchy of courts.25 That a case involving
constitutional issues regarding treatment of cooperatives and the
need for speedy disposition of cases would, for instance, justify the
Court's taking cognizance over a case invoking its primary
jurisdiction.26
38
substantial justice, which otherwise may be miscarried because of a
rigid and formalistic adherence to such rules.30
64) As was held by this Honorable Court in the above-cited
cases, the Court, in the exercise of its sound discretion, may brush
aside procedural barriers and take cognizance of a case in view of the
paramount importance and the constitutional significance of the
issues raised. Thus, as the issues raised by the Petitioners in the
instant case are of paramount public interest, the Petitioners humbly
pray that the Honorable Court brush aside procedural barriers, if
any, in taking cognizance of this case.
39
protected expression is deemed to justify allowing attacks
on overly broad statutes with no requirement that the
person making the attack demonstrate that his own
conduct could not be regulated by a statute drawn with
narrow specificity."15 The possible harm to society in
permitting some unprotected speech to go unpunished is
outweighed by the possibility that the protected speech of
others may be deterred and perceived grievances left to
fester because of possible inhibitory effects of overly broad
statutes.32
40
of the Court on the inapplicability of the overbreadth and
vagueness doctrines to penal statutes as appropriate only
insofar as these doctrines are used to mount ‘facial’
challenges to penal statutes not involving free speech."
36
Id.
41
7, 8, 9, 10, and 12 of the Anti-Terrorism Act regulate, proscribe, and
criminalize protected speech, symbolic speech, and expressions of
thoughts.
A. SECTION 4--TERRORISM
1. CRIMINALIZES INTENT AND PREPARATORY ACTS,
WHICH INCLUDE SPEECH.
42
when the purpose of such act, by its nature and context, is
to intimidate the general public or a segment thereof,
create an atmosphere or spread a message of fear, to
provoke or influence by intimidation the government or
any of its international organization, or seriously
destabilize or destroy the fundamental political, economic,
or social structures of the country, or create a public
emergency or seriously undermine public safety, shall be
guilty of committing terrorism and shall suffer the penalty
of life imprisonment without the benefit of parole and the
benefits of Republic Act No. 10592, otherwise known as
“An Act Amending Articles 29, 94, 97, 98 and 99 of Act
No. 3815, as amended, otherwise known as the Revised
Penal Code”: Provided, That, terrorism as defined in this
Section shall not include advocacy, protest, dissent,
stoppage of work, industrial or mass action, and other
similar exercises of civil and political rights, 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. (emphasis and underscoring supplied)
43
78) This statute essentially restricts the ideas of man and
woman and his/her freedom to express himself/herself in the form
of literature, artwork, and other medium that may be seen as acts of
terrorism as defined in Section 4.
79) Since Section 4 is so overly broad in defining “terrorism,”
this will logically result in the curtailment of the right to freedom of
speech and expression when a person doubts his/her actions of
collecting, making, and possessing objects or documents that might
be seen as connected with terrorist activities. This will silence
him/her and his/her right to free speech and expression.
44
the ATA, and the aforementioned colatilla. In the hands of an ill-
advised, ill-trained, though well-intentioned law enforcement agents,
Section 4 is putty that can be formed according to certain desired
ends at cross-purposes with the Constitution.
37
G.R. No. 168338, Feb. 15, 2008.
38
Id.
45
mass action, and other similar exercises of civil and political rights
are acts of terrorism when done with supposed ill-intent, whose
meaning is left to the determination of law enforcement agents. This
is a violation of the right to freedom of speech.
46
or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
97) Section 4 of the ATA is precisely such law that abridges the
freedom of speech, of expression, of the press, and the right of the
people peaceably to assemble and petition the government for
redress of grievances.
39
G.R. No. 148560, Nov. 19, 2001.
40
Id.
47
101) Section 5 of the ATA is intrinsically about freedom of
speech and expression. It provides, as follows:
48
C. SECTION 6--PLANNING, TRAINING, PREPARING, AND
FACILITATING THE COMMISSION OF TERRORISM
49
possession, collection, or making of items or documents will result in
being culpable under the statute. The vagueness of what acts,
objects or documents are being referred to as terrorism-related will
have a chilling effect on the person who is overcome with fear in not
knowing if he/she can still exercise his/her right to free speech
through such avenues.
115) The same can be said of Petitioners who are lawyers and
professors of law. Their stock-in-trade are ideas and ideals, which
they encounter in the course of their work as academics and
practicing lawyers. Class discussions will be severely restricted
because such discussions could be penalized under the vague and
overbroad provisions of the ATC. Even legal representation in
proceedings under the ATC of persons accused or suspected of
terrorism may also be criminalized under the law, simply because of
the lack of proper and specified applicable definitions in the law.
50
include harmless literature or other documentary works which
contain dissenting opinions, unpopular opinions, or minority
opinions opposed to the opinions of the majority in society. Not only
is freedom of speech and expression desecrated by Section 6 of the
ATA, it also seeks to empower the punishment of possession of
everyday objects and documents that might be seen as connected, no
matter how vaguely, to acts criminalized as terrorism.
51
curtail the intent to express one’s self by making the mere agreement
a criminal act by its very nature.
DICK: The first thing we do, let’s kill all the lawyers.
52
126) Again, Section 8 is anchored on acts criminalized in
Section 4 of the ATA and is, thus, interconnected with it.
53
131) Section 9 is clearly about speech. Furthermore, Section 9
not only criminalizes speech that merely incite the execution of any of
the acts specified in Section 4, but also symbolic speech by including
“representations tending to the same end.”
135) Section 9 of the ATA is precisely such law that abridges the
freedom of speech, of expression, of the press, and the right of the
people peaceably to assemble.
54
Sec. 10. Recruitment to and Membership in a Terrorist
Organization. – Any person who shall recruit another to
participate in, join, commit or support terrorism or a terrorist
individual or any terrorist organization, association or group
of persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council as a
terrorist organization, or organized for the purpose of
engaging in terrorism, shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of
Republic Act No. 10592.
55
140) Furthermore, it would be criminal under either sub-
paragraphs (b) or (c) to post a link in one’s Facebook wall for a West
Point Academy online call for new cadets.
56
identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel (one or more individuals
who may be or include oneself), and transportation;
42
On this point, see the ICRC IHL Database on Customary International Law, Rule 1, The
Principle of Distinction between Civilians and Combatants, https://ihl-databases.icrc.org/customary-
ihl/eng/docs/v1_rul_rule1
57
150) The red-tagging is dangerous, because it becomes an
excuse to target members of the same organizations for harassment,
arrest, or worse, bodily harm. With the passage into law of the
assailed ATA, the dangers of red-tagging is multipled a hundred-
fold, because anyone may be marked by the ATC as supporting the
legal fronts by mere liking or retweeting of messages in social media;
the latter groups, in turn, by weak association, are already marked
guilty of terrorism. The overbroad nature and the vagueness of the
relevant provisions of the assailed law are incontrovertible. Section 12
is a restriction on the right to freedom of speech and it is
unconstitutional.
151) Therefore, eight (8) out of the nine (9) penal provisions of
the Anti-Terrorism Act should be declared repugnant to the
Constitution for transgressing fundamental rights, including the
right to freedom of speech, the right of the people to peaceably
assemble and petition the government for redress of grievances, and
the right to freedom of association.
A. SECTION 4--TERRORISM
58
violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of what
conduct to avoid; and, it leaves law enforcers unbridled
discretion in carrying out its provisions and becomes an
arbitrary flexing of the Government muscle.44
59
forms of acts including speech and communication will be
criminalized under Section 4. This means that any manifestation of
speech or forms of speech will qualify as criminal acts under the
statute.
164) This Honorable Court may take judicial notice of the very
recent pronouncement of the newly-appointed Chief of Staff of the
Armed Forces of the Philippines, Gen. Gapay, that his agency wants
to regulate social media to counter violent extremism, and for this
purpose, the AFP will propose specific provisions in the
60
Implementing Rules and Regulations of the assailed ATA addressing
social media.46
46
Michael Punongbayan, ‘New AFP chief: Terror law to regulate social media’ The Philippine
Star, August 4, 2020, available at
https://www.philstar.com/headlines/2020/08/04/2032704/new-afp-chief-terror-law-regulate-
social-media; Frances Mangosing, ‘PH military chief wants social media use regulated through
terror law’, Philippine Daily Inquirer, August 3, 2020, available at
https://newsinfo.inquirer.net/1316253/ph-military-chief-wants-social-media-use-regulated-
through-terror-law
47
G.R. No. 171396, May 3, 2006.
61
operating internationally. Lists of states
“sponsoring terrorism” and of terrorist
organizations are set up and constantly being
updated according to criteria that are not always
known to the public, but are clearly determined
by strategic interests.
62
military installations, and those who believe in
the concept of the legitimate use of force when
resistance against foreign occupation or against
systematic oppression of ethnic and/or religious
groups within a state is concerned.
63
The United Nations Organization has been
unable to reach a decision on the definition of
terrorism exactly because of these conflicting
interests of sovereign states that determine in
each and every instance how a particular armed
movement (i.e. a non-state actor) is labeled in
regard to the terrorists-freedom fighter
dichotomy. A “policy of double standards” on
this vital issue of international affairs has been
the unavoidable consequence.
48
Id.
64
liable to its penalties is a well recognized requirement,
consonant alike with ordinary notions of fair play and the
settled rules of law, and a statute which either forbids or
requires the doing of an act in terms so vague that men of
common intelligence must necessarily guess at its
meaning and differ as to its application violates the first
essential of due process of law.49 (emphasis supplied,
internal citations omitted)
49
Connally v. General Construction Co., 269 U.S. 385 (1926) cited in Romualdez v. Sandiganbayan,
G.R. No. 152259, July 29, 2004.
50
See Smith v. Goguen 415 U.S. 566 (1974).
51
JOHN E. NOWAK AND RONALD ROTUNDA, CONSTITUTIONAL LAW, 1071 (2000, 6th Ed.)
52
Id at 40.
65
The Constitution guarantees both substantive and
procedural due process as well as the right of the accused
to be informed of the nature and cause of the accusation
against him. A criminal statute should not be so vague and
uncertain that "men of common intelligence must
necessarily guess as to its meaning and differ as to its
application.
177) For example, Section 4(a) of the ATA states that if any act is
coupled with the intent to cause serious bodily injury, and Section
4(b) states that if acts are intended to cause extensive damage or
destruction to private property, then these acts could then
theoretically be already categorized as acts of terrorism under the
ATA. However, the statute does not clearly define what serious
bodily injury is or what qualifies as extensive damage or
destruction to property whether it be private or public.
178) Section 4(a) of the ATA also talks about acts that endanger
a person’s life. The provision lacks the sufficient guidelines to
clearly indicate which acts and to what extent cover endangering
another person’s life. Time and again we have seen many examples
of unnecessary force being dealt with by law enforcement agents
against those who they deemed to have endangered another person’s
life. These encounters usually end in death since the discretion to
take action lies on law enforcement officers to exercise judgment and
make the decision of what “endangers life.”
66
180) Section 4(d) of the ATA which criminalizes the
development, manufacture, processing, acquisition, transport,
supplying or use of weapons, explosive or of biological, nuclear,
radiological or chemical weapons is also vague. The term “weapons”
and “explosives” lack clear definition. Technically, any object
ranging from a kitchen knife to a steel rod will be considered as
weapons under this statute. Explosives can also come in many
different forms most of which are normal household items. The lack
of definition for these terms will present a situation whereby any
object perceived to be a weapon or explosive will now serve as basis
for arrests since they might be considered as objects included in
terrorist activities.
67
185) In addition, the current administration has historically
used the term “destabilize” against opposition groups. This makes
the statute a dangerous source of abuse since the administration can
now maliciously label dissenters as terrorists at its whim. This has the
effect of silencing those who are not pleased with the current
government.
187) Section 5 of the ATA should also be void for being vague.
The statue makes any person criminally liable if he/she “shall
threaten to commit any acts” mentioned in Section 4. A mere threat
to commit an act should not be considered a crime when the threat
to commit is undefined in the statute seeking to punish it.
68
191) Furthermore, as Sections 7, 8, and 9 refer to the utterly
vague definition of “terrorism” in Section 4, these penal provisions
that proscribe protected speech and symbolic speech are also
necessarily unconstitutional for the same reasons.
69
193) Material support in Section 3(e) includes “any property,
tangible or intangible.” In fact, even the giving of a pencil or a ball pen
will be criminal under Section 12, and the criminalization of such an
act – whether the giving of free lunches out of human kindness or
the unsuspecting lending of a pencil for the use of a terrorist – would
be a violation of the principle of proportionality, which of course
becomes a due process question.
70
to an adversarial process before a court of law where an accused is
given his right to confront and cross-examine the witnesses ranged
against him by his accusers.54
71
such action; or (b) which aggravates a crime or makes it
greater than it was when committed; or (c) which changes
the punishment and inflicts a greater punishment than the
law annexed to the crime when it was committed; or (d)
which alters the legal rules of evidence and receives less or
different testimony than the law required at the time of the
commission of the offense in order to convict the
defendant.22 This Court added two (2) more to the list,
namely: (e) that which assumes to regulate civil rights and
remedies only but in effect imposes a penalty or
deprivation of a right which when done was lawful; or (f)
that which deprives a person accused of a crime of some
lawful protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty.23
56
G.R. Nos. L-32613-14, Dec. 27, 1972.
57
Id.
72
punishment without a judicial trial simply by a mere terrorist
designation by the U.N. Security Council.
207) Sections 10, 25, and 36 of the ATA are unconstitutional for
violating due process requirements, insofar as they allow the
government to punish, proscribe, or subject groups, associations,
corporations, or individuals to a financial and asset freeze order
and/or forfeiture proceedings by the simple device of
“automatically” adopting U.N. Security Council Chapter VII
Resolution/s on terrorism or similar designations from other
jurisdictions or supranational organizations, without further
evidence.
208) The following provisions of the law --- no matter how ideal
the underlying intent may be --- ultimately fail to meet the strict
constitutional standards of substantive and procedural due process,
under which a suspect or an accused, is innocent until proven guilty:
73
engaging in terrorism, shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of
Republic Act No. 10592.
74
Security Council Resolution 1373 (2001), or by other
jurisdictions or by other supranational organizations,
and;
75
related resolutions issued under Art. 41 of the UN
Charter, may be subject of freeze orders/forfeiture
orders on their financial assets by the Philippine Anti-
Money Laundering Council.
76
upon its own initiative or request of the ATC, is hereby
authorized to issue an ex parte order to freeze without delay:
(a) and property or funds that are in any way related to
financing of terrorism as defined and penalized under
Republic Act No. 10168, or any violation of Sections 4, 5, 6, 7,
8, 9, 10, 11 or 12 of this Act.; and (b) property or funds of any
person or persons in relation to whom there is probable cause
to believe that such person or persons are committing or
attempting or conspiring to commit, or participating in or
facilitating the financing of the aforementioned sections of
77
this Act.
78
organization for that matter – and nothing more – cannot be a
sufficient basis for Philippine courts to convict a person or persons
to life in prison without parole.
79
213) These norms are considered part of the law of the land
under the Constitution’s Incorporation Clause. In addition, we are
also bound to comply with these human rights protections via the
doctrine of transformation, insofar as these are embodied in treaties
to which the Philippines is a party.64
214) Judicial power has been defined as “the duty of the courts
of justice to settle actual controversies involving rights which are
legally demandable and enforceable…”65
216) It must be stressed that under Section 25, the ATC can do
the following:
80
identified as a terrorist, one who finances terrorism, or a
terrorist organization or group;
220) It must be emphasized that with the ATC lies the fate of
one suspected of being a terrorist – his/her rights to life, liberty, and
property.
222) Thus, the ATC cannot hide behind the cloak or disguise
given to it by Congress, or by claiming that it is “not a judicial or
quasi-judicial” agency.
81
223) Despite such proviso, the ATC clearly performs judicial or
quasi-judicial functions. Clearly, the ATC encroaches upon judicial
functions by being unconstitutionally vested with such powers.
224) However, what’s worse than this is the ATC’s ability to
exercise such functions without affording affected parties due
process.
67
BERNAS, 118.
68
US v. Toribio, 15 Phil. 85 (1910); Lawton v. Steel, 152 US 133 (1894).
82
(a) There must be a court or tribunal clothed with
judicial power to hear and determine the matter before it;
(b) Jurisdiction must be lawfully acquired over
the person of the defendant or over the property which is
the subject of the proceedings;
(c) The defendant must be given an opportunity
to be heard; and
(d) Judgment must be rendered upon lawful
hearing. 69
235) Since the ATC can automatically adopt the U.N. Security
Council’s list. The ATC can also designate by itself, request for
69
Banco Espano v. Palanca, 37 Phil 921 (1918).
83
designations by other jurisdictions, freeze assets with AMLC, and
authorize warrantless detentions, without clear and sufficient
standards. All these collectively constitute an affront to constitutional
rights, because due process is clearly subverted and blatantly
disregarded.
236) And again, the ATC can simply escape further judicial
review or scrutiny by invoking the proviso under Section 45, which
states that ATC has neither judicial or quasi-judicial functions.
237) Given the foregoing, this law, through the ATC, is the
epitome of arbitrariness. For encroaching upon judicial functions
and for violating due process, Section 25 of the ATA is
unconstitutional.
70
Republic Act No. 9160 as amended by RA 9194.
84
242) Even in the context of anti-money laundering, only the
Court of Appeals is authorized to issue a freeze order 71 recognizing
the gravity of this punishment.
243) The ATA gives the same power to the AMLC as conduit of
ATC without any safeguards or respect to procedural due process.
244) Thus, Section 36 of the ATA is unconstitutional for
violating the constitutional right to due process.
B. SECTIONS 45 AND 46
71
Id.
85
Sec. 29. Detention Without Judicial Warrant of
Arrest. – The provisions of Article 125 of the Revised Penal
Code to the contrary notwithstanding, any law enforcement
agent or military personnel, who, having been duly
authorized in writing by the ATC has taken custody of a
person suspected of committing any of the acts defined an
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this
Act, shall, without incurring any criminal liability for delay
in the delivery of detained persons to the proper judicial
authority within a period of fourteen (14) calendar days
counted from the moment the said suspected person has
been apprehended or arrested, detained, and taken into
custody by the law enforcement agent or military personnel.
The period of detention may be extended to a maximum
period of ten (10) calendar days if it is established that (1)
further detention of the person/s is necessary to preserve
evidence related to terrorism or complete the investigation;
(2) further detention of the person/s is necessary to prevent
the commission of another terrorism; and (3) the
investigation is being conducted properly and without
delay.
86
248) In this connection, Article III, Section 2 of the Constitution
provides, as follows:
72
JOAQUIN G. BERNAS, S.J., 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A
COMMENTARY 217 (2009 ed.). Emphasis supplied.
87
present so as to make the arrest valid. These exceptional
circumstances are as follows:
73
RULES ON CRIMINAL PROCEDURE, rule 113, § 5. Emphasis supplied.
88
254) By its provisions, Section 29 of the ATA expressly
authorizes arrests without warrants. The said section of the law does
not even direct law enforcers or military personnel to charge the
person under detention or to apply subsequently for a warrant to
justify a suspect’s arrest.
255) Not only are these warrantless arrests not among the
established circumstances that validly constitute warrantless arrest,
they also fail to meet the minimum standard of “probable cause”
under the Constitution. Under this provision, one can be detained
for a maximum of 24 days without a warrant and on mere suspicion
by the ATC alone.
74
Macad v. People, G.R. No. 227366, Aug. 1, 2018.
75
Merriam-Webster, “suspicion,” available at https://www.merriam-
webster.com/dictionary/suspicion (last accessed 16 July 2020).
76
Merriam-Webster, “suspect,” available https://www.merriam-webster.com/dictionary/suspect
(last accessed 16 July 2020).
77
People v. Bronola, G.R. No. 213225, Apr. 4, 2018, citing Terry v. Ohio.
89
B. SECTION 16—SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF COMMUNICATIONS
90
likewise be obligated to (1) file an ex-parte application with the
Court of Appeals for the issuance of an order, to compel
telecommunications service providers (TSP) and internet
service providers (ISP) to produce all customer information
and identification records as well as call and text data records,
content and other cellular or internet metadata of any person
suspected of any of the crimes defined and penalized under
the provisions of this Act; and (2) furnish the National
Telecommunications Commission (NTC) a copy of said
application. The NTC shall likewise be notified upon the
issuance of the order for the purpose of ensuring immediate
compliance.
91
265) An ordinary reading of the foregoing provisions
immediately reveals glaring violations of the Constitution’s Bill of
Rights, as discussed below.
92
cover not only the interception and recording of conversations or
communications, but also of data, information, or messages, in
whatever form, kind, or nature. It then presumes to cover all kinds of
papers, documents, or effects that normally would require a search
warrant issued by a judge in accordance with Article III, Section 2 of
the Constitution.
79
G.R. No. L-19550, June 19, 1967.
80
Id.
81
133 SCRA 800, Dec. 26, 1984.
93
Another factor which makes the search warrants under
consideration constitutionally objectionable is that they are
in the nature of general warrants. The search warrants
describe the articles sought to be seized in this wise:
82
Id.
83
Bache & Co. v. Ruiz, 37 SCRA 823, 825 (1971).
94
272) It is also worth noting that the discretion granted by
Section 16 of the ATA to state agents limits the power of the Court
of Appeals to delineate the scope and subject matter of the
surveillance, since Section 16 already provides for an unlimited
scope by law (i.e., “any private communications, conversation,
discussion/s, data, information, messages in whatever form, kind or nature,
spoken or written words”). This is contrary to the present powers of the
courts to define the contents, scope, and subject matter of a warrant,
including search warrants, arrest warrants, or cybercrime warrants.
84
G.R. No. 156804, March 14, 2005.
85
Id.
95
274) In Disini v. Secretary of Justice,86 the Honorable Court in
no uncertain terms declared as void and unconstitutional Section 12
of the Anti-Cybercrime Law, which then provided as follows:
86
G.R. No. 203335, Feb. 11, 2014.
96
it is the law enforcement agencies that would specify the
target communications. The power is virtually limitless,
enabling law enforcement authorities to engage in ‘fishing
expedition,’ choosing whatever specified communication
they want. This evidently threatens the right of individuals
to privacy.
97
such orders should be left to the determination of the courts, and not
predetermined via an all-encompassing provision of the law.
281) The right to privacy has come into its own in the Philippine
Constitution.87 Intrusions into this right have been held by this Court
to be unconstitutional, unless it is (a) narrowly focused; (b) justified
by a compelling state interest; and (c) accompanied by proper
safeguards and well-defined standards. Invasions of this right, as in
Section 16 of the ATA, are subject to strict scrutiny by the Courts.
98
technology that would assign a Population Reference Number (PRN)
through the use of “biometrics technology” and “computer
application designs.” Even then, the Supreme Court ruled cautiously
and struck down the measure because it “was so widely drawn that
a minimum standard for a reasonable expectation of privacy,
regardless of technology used, cannot be inferred from its
provisions.”89
89
Ople v. Torres, G.R. No. 127685, July 23, 1998.
99
289) A critical factor in determining whether a policy
authorizing government intrusion into the individual right to privacy
is narrowly drawn—and is therefore a permissible limitation on such
right—is the extent it adopts the principle of proportionality in its
provisions. This means it only introduces measures that are
appropriate to achieve its purpose, are the least intrusive among all
available options, and are proportionate to the interest sought to be
protected.
293) This critical safeguard has been omitted from the requisites
of a judicial authorization to conduct surveillance under the
ATA.
100
lays down the right to privacy of every individual. Article 17
provides, as follows:
Article 17
1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour
and reputation.
2. Everyone has the right to the protection of the law
against such interference or attacks. (Underscoring
supplied)
101
conditions and safeguards provided for under its domestic
law, which shall provide for the adequate protection of
human rights and liberties, including rights arising
pursuant to obligations it has undertaken under the 1950
Council of Europe Convention for the Protection of
Human Rights and Fundamental Freedoms, the 1966
United Nations International Covenant on Civil and
Political Rights, and other applicable international human
rights instruments, and which shall incorporate the
principle of proportionality. (Underscoring supplied)
297) The rules and standards laid down in the ICCPR and the
Budapest Convention are valid and effective because they were
transformed by the concurrence to both instruments by the
Philippine Senate as required by Article VII Section 21 of the
Constitution.
299) There in Disini, and as now, “[t]he Court must ensure that
laws seeking to take advantage of these technologies be written with
specificity and definiteness in order to ensure respect for the rights
that the Constitution guarantees.”94 Such “specificity and
definiteness” are glaringly non-existent here.
93
G.R. No. 203335, February 11, 2014.
94
Id.
102
privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.95
95
PHIL. CONST., art. III, § 13
96
Paderanga v. Court of Appeals, G.R. No. 115407, August 28, 1995.
97
G.R. No. 214300, 26 July 2017.
98
PHIL. CONST., art. III, § 13.
103
306) The Honorable Court held in Nava v. Hon. Gatmaitan99
that the right to bail and the privilege of the writ of habeas corpus are
separate and co-equal. The reasoning of the High Court is quoted
below, thus:
104
informed them that a trial by an established court,
assisted by an impartial jury, was the only sure way of
protecting the citizen against oppression and wrong.
Knowing this, they limited the suspension of one great
right, and left the rest to remain forever inviolable.
(emphasis supplied)
105
309) It is clear that the right to bail is rendered nugatory by the
above-quoted provisions of the ATA. An accused even when the
evidence of guilt against him/her is not strong is effectively
prevented from being free. He or she can only travel within a single
city or municipality.
106
SECTIONS 34—RESTRICTION ON THE RIGHT TO TRAVEL
107
If the evidence of guilt is strong the court shall
immediately issue an HDO and direct the DFA to initiate the
procedure for the cancellation of the passport of the accused.
103
PHIL. CONST., art. III, § 6.
108
X. RIGHT AGAINST INVOLUNTARY SERVITUDE
326) The law in itself does not even provide safeguards on the
ATC’s powers. Everyone is compelled to extend assistance to the
ATC in any manner at any time the ATC requires them to do so.
109
….Because of the preferred status of the
constitutional rights of speech, expression, and the press,
such a measure is vitiated by a weighty presumption of
invalidity. Indeed, “any system of prior restraints of
expression comes to this Court bearing a heavy
presumption against its constitutional validity. . . . The
Government ‘thus carries a heavy burden of showing
justification for the enforcement of such restraint.’” There
is thus a reversal of the normal presumption of validity
that inheres in every legislation.107 (Emphasis supplied,
internal citations omitted)
329) The Honorable Court has even held in Ople v. Torres108 that
when the integrity of a fundamental right is at stake, it will give the
challenged law a stricter scrutiny, and that in case of doubt, the Court
will lean towards a stance that will not put in danger the rights
protected by the Constitution. The words of the Court in this regard
are quoted below:
107
Id.
108
G.R. No. 127685, July 23, 1998.
109
G.R. No. 127685, July 23, 1998.
110
G.R. No. L-24693, July 31, 1967.
110
affects at the most rights of property, the permissible scope
of regulatory measure is wider.111
332) The enactment of the ATA was done with grave abuse of
discretion amounting to lack or excess of jurisdiction as its numerous
provisions are repugnant to the Constitution. It violates the principle
of separation of powers by encroaching upon the powers of the
Judicial Department. It renders nugatory the guarantee of the
privilege of the writ of habeas corpus. It encroaches upon the calling
out power of the Executive Department regarding the military.
I. SEPARATION OF POWERS
111
G.R. No. L-24693, July 31, 1967.
112
Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 372 U. S. 70 (1963); see also Near v. Minnesota, 283 U.
S. 697 (1931).
113
Organization for a Better Austin v. Keefe, 402 U. S. 415, 402 U. S. 419 (1971).
111
SECTION 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized. (emphasis and underscoring
supplied)
336) The import of this provision is that only judges may issue
warrants of arrest and search.114 It is clearly within the exclusive
jurisdiction of the judiciary to authorize - by virtue of a warrant
issued under the minimum requirement of probable cause - the
deprivation of an individual’s precious liberty.
114
Salazar v Achacoso, G.R. No. 81510, Mar. 14, 1990.
115
Anti-Terror Act, Section 45, last paragraph, which states that: “Nothing herein shall be
interpreted to empower the ATC to exercise any judicial or quasi-judicial power or authority.”
112
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
113
the damnation of the people and to the destruction of hallowed
institutions that serve as our country’s safeguards against
government abuses.
346) In fact, this is not the first time that the President has
actually done so, as he made the same declaration for the first time in
December 2017 through Proclamation 374 dated December 5, 2017.119
Proclamation 374 has not been repealed by the President.
347) Note that all the members of the ATC are alter egos of the
President under the established judicial doctrine of qualified political
agency.120 This most recent “speech” of the President on the NPA is
presidential policy binding on his subalterns, whether or not reduced
to writing.
119
Available at https://www.officialgazette.gov.ph/downloads/2017/12dec/20171205-PROC-
374-RRD.pdf
120
Villena v Secretary of Interior. G.R. No. L-46570,April 21, 1939.
121
G.R. No. 168338, February 15, 2008
114
damaging. Some statements have risen to the level of
incitement to violence.
115
deprivation of life in article 6 of the International Covenant
on Civil and Political Rights. 122
354) And this is precisely the problem with the ATC being
granted by the law with so much unrestricted and unlimited powers,
including those that properly belong to the judicial branch. Since its
members cannot rise above the President, they are beholden to him,
they are bound to his policy pronouncements, which remain valid
until recalled, as in the case of the President’s Proclamation 374.
122
Report of the United Nations High Commissioner for Human Rights, Situation of Human
Rights in the Philippines A/HRC/44/22, (29 June 2020) available at
https://www.ohchr.org/Documents/Countries/PH/Philippines-HRC44-AEV.pdf
123
See the follow up of the UN Human Rights Council to the recommendations of the then Special
Rapporteur on Summary Executions and Extrajudicial Killings, Philip Alston, on the Philippines
from his 2009 visit to the country, A/HRC/11/2/Add.8 29 April 2009available at
https://reliefweb.int/sites/reliefweb.int/files/resources/B677F4FDAA1A0443492575CA0023F3
46-Full_Report.pdf
116
B. JUDICIAL FUNCTION OF DETERMINING AND
ADJUDICATING THE RIGHTS AND OBLIGATIONS OF
PERSONS
356) The enactment of the ATA is also imbued with grave abuse
of discretion amounting to lack or excess of jurisdiction because its
provisions encroach upon the Judicial department’s power of
determining and adjudicating the rights and obligations of persons.
117
(AMLC) to freeze pursuant to Section 11 of Republic Act No.
10168.
124
Under Section 36 of the ATA.
118
363) Section 29 of the ATA is void because it violates the
constitutional guarantee of the privilege of the writ of habeas corpus.
The relevant provisions of the Constitution are quoted below:
364) Under the ATA, the ATC can simply justify the 24-day
detention based on its own suspicion and based on “standards” or
circumstances to be solely determined by the ATC. With the arrest on
mere suspicion being considered as a valid ground for continued
detention of the arrestee for a maximum of 24 days, the privilege of
the writ effectively becomes unavailable and rendered nugatory
within the said period of detention.
365) The privilege of the writ is effectively suspended within
the said period without the constitutional premises necessary for the
permissible unavailability thereof, that is, the existence of invasion or
rebellion and the demands of public safety. Worse, the constitutional
safeguards on the powers of the commander-in-chief126 in relation to
the suspension of the privilege of the writ of habeas corpus have all
been whimsically and unjustifiably set aside and disregarded,
including the legislature’s power of review and revocation thereof.
119
369) This maximum three-day period for law enforcers to
judicially charge an arrestee – during the most exigent circumstance
that necessitates the suspension of the privilege of the writ of habeas
corpus – is a limitation introduced in the 1987 Constitution to correct
the abuses during the Marcos Regime. Constitutional Commissioner
Ambrosio Padilla explained this period of limited detention as
follows:
…
371) Clearly, not only does Section 29 allow warrantless arrests
done based on mere suspicion alone. It also extends the maximum
JOAQUIN G. BERNAS, S.J., 1987 CONSTITUTION
128
OF THE REPUBLIC OF THE PHILIPPINES: A
COMMENTARY 555 (2009 ed.).
120
period within which suspected “terrorists” must be charged or
delivered to judicial authorities.
121
378) This civilian authority encompasses the day-to-day
functions of the police such as crime investigation and control or law
enforcement. While the police as law enforcers are empowered to
effect arrests against civilians to take them to the appropriate civilian
courts, the military cannot do this as a general rule.
379) There have been instances where the police and the
military have been tasked to work together, where military assistance
in the “implementation and execution of certain traditionally ‘civil’
functions’ is sought.129 These include composite civilian-military law
enforcement activities,130 or even peace and order policy formulation
in local government units.131
382) While the Zamora case tells us that the President has
broad discretion or latitude of power under his “calling-out” powers
as Commander-in-Chief – including deputizing the military – these
do not come without limitations.
383) First, the same cannot violate the civilian supremacy clause
under the Constitution nor infringe on the civilian character of the
police force.133 In said case, the calling of the Marines constituted
permissible use of military assets, their participation was
circumscribed because its metes and bounds were sufficiently
129
IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000.
130
Zamora case, citing several instances which involve joint military and civilian law enforcement
operations.
131
Zamora case, citing Local Government Code of 1991, Book I, Title Seven, Section 116.
132
G.R. No. 141284, Aug. 15, 2000.
133
Zamora case.
122
delineated. More importantly, “real authority” belonged to the
PNP.134
384) In the Zamora case, the Supreme Court cited and adopted
the American jurisprudence which declares that the use of military
power in civilian law enforcement is generally prohibited, except in
certain circumstances under the Posse Comitatus Act.135
386) Second, “if the military and the police must conduct
concerted campaigns to flush out and catch criminal elements, such
drives must not violate the constitutional and statutory rights of all
people affected by such actions."137
388) Under Section 29 of the Anti-Terror Act, the ATC – not the
President – can authorize “military personnel” to take into custody
any person suspected of violating the Anti-Terror Act.
389) Under the ATA, military personnel are on the same footing
with civilian policemen, with authority to make an arrest without a
court-issued warrant and based on mere suspicion alone.
391) Congress arrogated unto itself the power to call out the
military, blatantly disregarding the clear provisions of the
134
Id.
135
Zamora case, citing Posse Comitatus Act.
136
Zamora case, citing A power regulatory in nature is one which controls or directs. It is
proscriptive if it prohibits or condemns and compulsory if it exerts some coercive force. See US v.
Yunis, 681 F.Supp. 891 (D.D.C., 1988). See also FOURTH AMENDMENT AND POSSE
COMITATUS ACT RESTRICTIONS ON MILITARY INVOLVEMENT IN CIVIL LAW
ENFORCEMENT; and HONORED IN THE BREECH: PRESIDENTIAL AUTHORITY TO
EXECUTE THE LAWS WITH MILITARY FORCE, 83 Yale Law Journal, pp. 130-152, 1973.
137
Zamora case, citing Guazon v. de Villa, G.R. No. 80508, Jan. 30, 1990
123
Constitution, and essentially legislating a brazen violation of the
constitutional and statutory rights of ordinary citizens.
CONCLUDING NOTE
124
395) The State is often conflated with government, but it is a
grievous error, were this Honorable Court to consider the bloody
purges carried out by governments in its name throughout history;
We know from international law that the State includes for its
elements both government and citizens.138 The State is a public legal
community of government and citizens within a defined territory.
396) Thus, were the State to emasculate the rights of citizens
through the very measures purported to protect itself from
dissolution, it only hurts itself; it only uses law as a means to further
weaken its very foundations. Hence, the State’s exercise of power
must be indissolubly linked with the aims of justice, else it is reduced
to nothing more than the Hobessian Leviathan’s arbitrary exercise of
the monopoly of the sword.
125
governmental acts and measures that cloaked their monstrous arms
of repression with promises of legality in the very name of the public
interest.
-o0o-
140
ERNST-WOLFGANG BÖCKENFÖRDE, The State as an Ethical State, in CONSTITUTIONAL
AND POLITICAL THEORY: SELECTED WRITINGS 100 (Mirjam Künkler & Tine Stein eds.,
2017).
141
ERNST-WOLFGANG BÖCKENFÖRDE, The Repressed State of Emergency: The Exercise of State
Authority in Extraordinary Circumstances, in CONSTITUTIONAL AND POLITICAL THEORY:
SELECTED WRITINGS 114 (Mirjam Künkler & Tine Stein eds., 2017).
142
Id.
143
Id.
126
PRAYER
Other relief that are just and equitable under the premises are
likewise prayed for.
127
CENTER FOR INTERNATIONAL LAW,
INC.
1105 Antel Corporate Center
121 Valero Street, Salcedo Village
Makati City 1227
Email: centerlaw@protonmail.com
Tel. Nos. 887-4445/887-3894;
Fax No: 887-3893
By:
JOEL R. BUTUYAN
Roll No. 36911
PTR No. 8126787 | Jan. 8, 2020 | Makati
IBP No. 01742 | Lifetime
MCLE Compliance No. VI-0010026 | July 4,
2018
ROGER R. RAYEL
Roll No. 44106
PTR No. 8156359|Jan. 29, 2020 |Makati
IBP No. 02159 / Lifetime
MCLE Compliance No. VI-0010071 |July 4,
2018
GILBERT T. ANDRES
Roll No. 56911
PTR No. 8126786| Jan. 8, 2020 | Makati
IBP No. 104457| Jan. 8, 2020 | Negros Occ.
MCLE Compliance No. VI-0018609|Feb. 18,
2019
128
KIMBERLY ANNE M. LORENZO
Roll No. 69087
PTR No. 8126789 / Jan. 8, 2020 / Makati City
IBP No. 104456| Jan. 8, 2020 |Bulacan
MCLE Compliance No. VI-0010058 | July 4,
2018
NICOLENE S. ARCAINA
Roll of Attorneys No. 73826
IBP No. 104461|Jan. 8, 2020|Pampanga
PTR No. 8126795 |Jan. 8, 2020,Makati City
MCLE Compliance No. N/A
(Admitted to the Philippine Bar in 2019)
129
BY THE CO-COUNSEL FOR PETITIONERS:
CARLO L. CRUZ
IBP Life Member Roll No. 09556
PTR No. 6443078, January 14, 2020, Pasig
City
MCLE Compliance No. VI-001302 | June 20,
2018
130
PTR No. 8126792|January 8,2020|Makati
City
IBP No. 104455|January 8, 2020|So. Cotabato
MCLE Compliance No. VI-0010021|July 4,
2018
HOUSE OF REPRESENTATIVES
Batasang Pambansa Complex
Batasan Hills, 1126 Quezon City
131
POLICE GEN. ARCHIE FRANCISCO F. GAMBOA
Philippine National Police
Office of the PNP Chief, PNP National Headquarters
Camp B. Gen. Rafael T. Crame, 1111 Quezon City
EXPLANATION
This Petition for Certiorari and Prohibition with Prayer for the
Issuance of a Temporary Restraining Order and/or Writ of Preliminary
Prohibitory Injunction is served to all the Public Respondents by
registered mail due to lack of personnel to effect personal service to
each and every one of them.
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