The Philippines will be under this state once the proposed Anti-Terrorism Act of 2020 is enacted, according to retired Supreme Court Senior Associate Justice Antonio Carpio on Wednesday.
Speaking at a webinar organized by the Management Association of the Philippines, Carpio took off from an earlier pronouncement from Senate President Vicente Sotto III to explain his point.
“In contrast, the Anti-Terrorism Act, once enacted into law, remains in the statute books forever until repealed by Congress or invalidated by the Supreme Court,” he added. "But once the custodian shows the written authority of the Anti-Terrorism Council to the judge, that there is an order for his arrest because he is a ‘terrorist’, then the judge would be compelled to dismiss the petition because the person is being detained ‘upon a lawful order pursuant to law.’ That will be the situation unless section 29 is invalidated by the Supreme Court," Carpio explained.
The power granted to the Anti-Terrorism Council - whose members will all come from the executive department - to order arrests without court warrant also “demolishes” the constitutional guarantee that probable cause must first be established as a requisite to the issuance of warrant, Carpio said.
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