State lawyers directed to reply to ATA issues in oral arguments

MANILA – The Supreme Court (SC) has formally directed government lawyers to address questions in connection with 37 suits questioning the validity of Republic Act No. 11479 or the Anti-Terrorism Act (ATA).

In a 15-page memorandum, the SC sought, among others, enlightenment on the evolution and extent of terrorism in the country and the world as well as the extent and effects on the Philippines as a whole, on communities and on individuals.

The issues were brought out during nine days of oral arguments that ran from February to May 2021.

The SC also wants government lawyers to distinguish terrorism from rebellion and if the “government rejects all forms of red-tagging”.

“Is it correct to state that terrorism works insidiously and clandestinely? Does it work incrementally or does it deal its effects in one blow?” the court asked.

The SC likewise sought a comparison between the provisions of the ATA and its precursor law, the Human Security Act.

“Kindly concretize and describe in detail how the ATA will enable the government to prevent terrorist attacks,” one of the 44 questions with sub-topics read.

Other issues that the SC wants answered are the ATA’s effect on peace negotiations with communist terror groups and other identified insurgents and assurance that “law enforcement officers and military personnel have adequate knowledge of the provisions of the ATA and the limits of their authority” by way of relevant programs, trainings or seminars regarding the law’s provisions.

The SC also asked for the National Security Agency’s honest assessment of the public’s current perception of the ATA.

“It appears the government has not taken full advantage of the scope and reach offered by social media for purposes of explaining what the ATA is all about and clarifying issues involving its actual implementation,” the SC said.

The replies should be submitted within 30 days from receipt of the memorandum released May 28, 2021.