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POLITICAL ANALYSIS PAPER

Name Mark Jilmer Pascual Section ZGE 1105 – 1D

Should the ‘Anti-Terrorism Bill’ be passed into law?

On paper, the Anti-Terrorism Act of 2020, authored by Sen. Sotto III,


Sen.Lacson, Sen. Marcos, Sen. Lapid, Sen. Revilla Jr., and Sen. Dela
Rosa, appears to be an answer to the growing terrorism problem in the

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Philippines. It declares to “protect life, liberty, and property from terrorism”

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as its policy and that the State shall uphold the essential rights of the people

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enshrined in the Constitution. However, as evidenced by the recent protests
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and campaigns, many are opposed to the passing of this bill into law. Why,
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then, is a bill created to protect its own people from terrorism, being called
to be rejected?
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What exactly does the bill aim to do? The Anti-Terrorism Act of 2020
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redefines the definition of terrorism, adding acts meant to cause "death or


serious bodily injury to any person," "extensive damage and destruction" to
a government facility, private property or critical infrastructure and those
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acts intend to "intimidate the general public," "create an atmosphere or


message of fear," or "seriously destabilize or destroy the fundamental
political, economic, and social structures of the country. The bill additionally
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states that those who are found guilty under this act will face life sentences
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and will not be granted parole. "threat planning, training, facilitating of" and
"proposal" and "inciting" terrorist activties by speeches, proclamations,
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writing, etc. are also criminalized by the proposed bill. Suspected persons
are also subject to warrantless arrests, surveillance, and detention for up to

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twenty-four days, noticeable different from the three-day detention enclosed
within the Human Security Act of 2007.
Prior to the issues encompassing the passing of the bill, backers
have been citing the events that happened a few years ago as the reason
why they are prioritizing the act. A fairly recent battle between the Philippine
military and militants allied to the armed group Islamic State (IS) happened
in 2017, referred to as the ‘Battle of Marawi’. Islamic State allied militants
marked Christian civilians and subjected them to abuses, with extrajudicial
killings, mass hostage-taking, and extensive looting of civilian property. This

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is according to “The Battle of Marawi: Death and destruction in the

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Philippines”, a detailed analysis made by Amnesty International. There

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were also reported communist rebels’ attacks during the distribution of

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COVID-19 aids in late May that led to the evacuation of thousands of people
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down in the south. According to Sen. Panfilo Lacson, the Human Security
Act of 2007 was “severely underutilized”, citing that there’s only one
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conviction under the old law and that is Nur Supian, leader of rebel group
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“Hukbong Federal” during the Marawi Siege. These events and


circumstances are the reasons why the government is pushing for the bill’s
passing into law.
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The question now is, why is it being opposed? June 12th, 2020, the
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122nd Philippine Independence Day was celebrated by protesters inside the


University of the Philippines Diliman campus by protesting against the Anti-
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Terrorism Bill. The protest, disguised as a Grand Manañanita as a jab to the


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excuse used for the birthday celebration of National Capital Region Police
Office Chief Major General Debold Sinas, was orchestrated by various
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groups who belong to the opposition of the anti-terror bill. With the abuses
of power evident in recent issues surrounding the police and other people
in power, one cannot help but be worried about the easily abused clauses

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included in the bill. One of the more striking amendments include, as
mentioned earlier, a longer detention without charges. An individual
suspected of violating the proposed act may be detained for as twenty-four
days, a far cry from the three-day detention in the old law. The Anti-
Terrorism Act permits law enforcers to arrest suspects, even with only the
authorization from the Anti-Terrorism Council, which consists of several
Cabinet secretaries and security officials. The proposed bill has also
removed the necessity for officers to bring forth an arrested suspect to a
judge to assess whether the suspected person has undergone any type of

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torture. According to the Concerned Lawyers for Civil Liberties (CLCL), the

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extended amount of detention is unconstitutional. The maximum period that

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a person can be detained without charges is three days, even with the writ

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of habeas corpus is suspended. This is written in Article 7 Section 18 of the
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Constitution. Otherwise, the person should be released. The CLCL also
pointed out that the government has targeted key personalities that belong
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to the opposition before, and noted that the premise of the Anti-Terrorism
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Law chose to focus on the effects of terrorism on the government rather


than the safety of its citizens.
With all of these in mind, the effectivity of the proposed Anti-
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Terrorism Act of 2020 is brought into question. The act has good intentions,
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citing the importance of protecting the life of its citizens and its country.
However, with the recent showcases of abuse in power and several
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injustices, one cannot help but question the true motives of those who are
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behind it. In the hands of those currently in power, should the Anti-Terrorism
Act of 2020 be passed into law?
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References

Amnesty International. (2017, November 17). The Battle of Marawi: Death


and Destruction in the Philippines. Retrieved from Amnesty
International: amnesty.org
Calma, H. B. (2020, June 12). Grand Manañita to junk 'terror bill'.

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Retrieved from Manila Today: manilatoday.net

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Moaje, M. (2020, June 17). Lacson, Esperon cite weaknesses of Human

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Security Act. Retrieved from Philippine News Agency: pna.gov.ph

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Nonato, V. (2020, June 4). Lawyers, Other Groups Terrified By Anti-Terror
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Bill. Here’s Why. Retrieved from One News: onenews.ph
Sotto III, T., Lacson, P., Marcos, I., Lapid, M. R., & Dela Rosa, R. (n.d.).
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The Anti-Terrorism Act of 2020.


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Venzon, C. (2020, June 10). The Philippines' Anti-Terrorism Act of 2020:


Five things to know. Retrieved from Nikkei Asian Review:
asia.nikkei.com
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