Anti-Terror Law’s slippier slope

“Fortunately, the Supreme Court did declare unconstitutional a provision in a Section of the ATA for being overbroad and violative of freedom of expression, in essence agreeing with the proposition that activism is not terrorism” In my last column, I summarized Judge Maldoza-Malagar’s decision on the proscription case against the Communist Party of the Philippines …

A ‘brilliant, correct decision’

“The Court has to answer not only the purpose behind the creation of the CPP-NPA, but whether the acts committed by its members as alleged by the petitioner would qualify as ‘terrorist’ acts.” A few weeks ago, we saw the resolution of the petition seeking the proscription of the Communist Party of the Philippines and …

A ‘brilliant, correct decision’

“The Court has to answer not only the purpose behind the creation of the CPP-NPA, but whether the acts committed by its members as alleged by the petitioner would qualify as ‘terrorist’ acts.” A few weeks ago, we saw the resolution of the petition seeking the proscription of the Communist Party of the Philippines and …

The wisdom of Senator Loren Legarda

“The way to go…is to restart the peace process with the Communist rebels, to encourage and entice them to return to the fold of the law, throw away their arms and become partners with the civil government and the society at large in addressing social inequality and social injustice” In a privilege speech a week …

Gross Violations of Due Process in Anti-Terror Law Rules

Co-authored with Joy Reyes. The following is Part 2 of a two-part series. You can read Part 1 here. Proscription, differentiated from designation, is the process by which the Court of Appeals declares a group of persons, organization, or association as a terrorist upon the verified application of the DOJ with recommendation from the NICA and …

No Assurance from the Anti-Terror Law’s Rules

Co-authored with Joy Reyes. The following is Part 1 of a two-part series. You can read Part 2 here. Released by the Department of Justice and the Anti-Terrorism Council, the 48-page IRR lays down the guidelines and procedures of the law, and have several salient provisions, including those on warrantless arrests and delisting. Naturally, many critics, …