Ex-SC justice named ‘friend of court’ in ATA oral arguments

MANILA – The Supreme Court (SC) has appointed retired magistrate Francis Jardeleza as an ‘amicus curiae’ (friend of the court) in the pending petitions challenging the legality of Republic Act 11479 or the Anti-Terrorism Act (ATA) of 2020.

In a three-page resolution dated Jan. 26 and released on Friday, SC Clerk of Court Edgar Aricheta said that aside from appointing Jardeleza as ‘amicus curiae’ who will be tasked to shed light on the intricacies of the matter to be tackled, the tribunal also noted without action a similar petition filed by former solicitor general Jose Calida.

Jardeleza, who retired from the SC in 2019, had a long-standing private practice as a lawyer before he was named senior vice president of San Miguel Corporation a position, he held until 2010 when he was appointed Deputy Ombudsman for Luzon by former President Benigno Aquino III.

In 2012, Aquino named Jardeleza as Solicitor General and as an associate justice of the high court in 2014.

Last August, Mendoza has petitioned the high court to be allowed to comment in the numerous suits questioning the Anti-Terrorism Act of 2020 even as he claimed there is no actual case involving the said law which would merit the court’s attention.

In a 39-page petition, Mendoza, who has been practicing law since 1953 and has served as solicitor general during the late president Ferdinand E. Marcos’ regime, asked the court to appear as ‘amicus curiae’.

Amicus curiae literally refers to a friend of the court who may be asked by the court and are not parties to the case involved, to shed light on matters where they have extensive expertise.

The ATA repeals Republic Act 9372 or the Human Security Act of 2007. It seeks the detention of suspected terrorists for up to 24 days with no warrant of arrest.

It also allows the police or the military to conduct 60-day surveillance with an allowable 30-day extension on suspected terrorists.

Over 30 petitions against the ATA are pending before the high court.

The SC is set to conduct oral arguments on the law on February 2.