Senior High School Level

S.Y. 2020-2021

BILL OF TERROR
(A Position Paper about Anti-Terrorism Bill in the Philippines)

A Position Paper Submitted to

Batangas Eastern Colleges

by:
Quizon, Marco Antonio T.
11-Louis Pasteur

Mrs. Marites V. Doctor

Position Paper Adviser

November 25, 2020

 Bill of Terror

(A Position Paper about Anti-Terrorism bill in the Philippines)

INTRODUCTION

On February 26, 2020, the Senate passed on third and final reading the Senate Bill No.

1083 or the Anti-Terror Bill. The bill was approved as urgent by President Rodrigo Duterte on

June 1, 2020. Two days later, the House of Representatives passed its version, House Bill No

6875, amid opposition from different parties. The law was signed by President Rodrigo Duterte

on July 3, 2020 and effectively replaced the Human Security Act of 2007 on July 18, 2020. The

purpose of the bill is to amend and repeal the Republic Act No 9372 or the Human Security Act

of 2007 (HSA), which, while the subject of criticism from human rights groups for possible

abuses by law enforcement officers and misuse or usurpation of the term human security. At the

time it was enacted was also undesirable for those who had to enforce it because of the

safeguards they had against abuse. The Anti-Terror Bill lacks, if anything the safeguards present

in the House Security Act of 2007 and decreases the penalties for abuse of discretion by the

authorities concerned.

OPPOSITE ARGUMENTS

In retrospect, on many fronts, the Philippines is still facing significant security problems.

The COVID-19 outbreak is definitely being taken advantage of by Muslim militant groups and

the NPA, and acts of violence and aggression against government forces and innocent civilians

are continuously followed. More than ever, it is now imperative for the government not only to

respond effectively to the challenges raised by the COVID-19 virus, but also to the country's

terrorism threats. (Anna Malindog-Uy, 2020)

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 According to Cliff Venzon (2020), The 2020 Anti-Terrorism Act, officially known as

Republic Act No. 11479, is a Philippine law intended in the Philippines to deter, prohibit and

penalize terrorism. The 2020 Anti-Terrorism Act seeks to protect the nation and its citizens from

terrorist threats at domestically and overseas. If made with rational and reasonable judgment, the

Anti-Terrorism Bill would strike a balance between effectiveness in reacting to the threat of

terrorism and upholding the values of fundamental human rights. The bill has safeguarding

provisions enshrined in the 1987 Constitution that preserve the fundamental human rights of

Filipinos. It has protections against abuse, mistake, and unlawfulness. It also has provisions in

which charges or actual compliance by its implementers of the provisions of the bill would be

subject to a swift, efficient and complete review by independent courts in the country.

Practically speaking, this means that on issues such as terrorism, individual rights have to

be balanced against the collective security and collective rights of the greater number of people,

especially if it’s about securing the collective survival of the greater number of people against

aggression and the destruction of human lives caused by terrorism. This further means that

human rights laws/principles allow governments to take protective actions proportionate to the

severity of the threats. Hence, terrorism being a gross human rights violation requires tougher

and stronger counter-terrorism legislation that is proportionate to the objective of safeguarding

and preserving the national security and integrity of a particular state/government. (Anna

Malindog-Uy,2020)

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MY ARGUMENTS

The 1987 Constitution of the Philippines provides that no law shall be enacted depriving

any person of his or her life, liberty, and property without due process of law. While I understand

the issue raised by terrorism and the need for law enforcers to respond effectively, we are also

worried about how individual and collective human rights may be impacted by the proposed

legislation.

The bill which signed into law by President Rodrigo Duterte will not only suppress the

fundamental rights and freedoms of Filipinos, it will also terrorize the same conflict-affected

communities it seeks to protect, as it undoes decades of peacebuilding work. The bill will allow

for a lengthened period of warrantless detention and expanded surveillance of those law

enforcement deems suspicious. It will also remove stiff penalties for wrongful detention.

Any law that imposes penalties on a convicted person or group must be clear about how it

defines an offense. Under the proposed law, what qualifies as an act of “terrorism” has been

expanded and can be subject to a variety of interpretations. Ambiguity in the definitions of

“terrorist” and the “acts of terrorism” may lead to the abuse of authority, especially when

substantive institutional oversight is reduced. Most notably, the bill has a broad concept of

"terrorism" that makes no distinction between terrorist groups and revolutionary armed

movements, which is necessary for those who mediate between warring parties. The bill would

grant broad powers to law enforcers to decide what constitutes a "terrorist," transferring the

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burden of evidence to accused persons and organizations. Not only is this a challenge to

opposition and democracy, but to stability as well.

Meanwhile, the United Nations High Commissioner for Human Rights said the bill

"dilutes human rights safeguards, broadens the definition of terrorism and expands the period of

detention without a warrant from three to 14 days, extendible by another 10 days. The vague

definitions in the Anti-Terrorism Act may violate the principle of legality."

The military generals clearly see the impending anti-terrorism bill as a way to “end” the

world’s oldest existing communist insurgency. But the bill is more likely to reignite war and

bring further insecurity. The looming anti-terror law will assume rather than fairly test the guilt

of civilians, as law enforcers will have free reign to arrest and detain individuals based on mere

suspicion. This is both unconstitutional and dangerous.

Yet as I write this, trust in the government is also under threat. What is left of our

democracy is under threat. Peace is under threat. It is our collective duty to end violence against

civilian communities. We should not take shortcuts to peace for the same reason. This hasty,

unrestrained anti-terror bill is going to trigger terror and it's going to come from the state.

While terrorism, as defined in the bill, excludes advocacy, protest, dissent, stoppage of

work, industrial or mass action, and other similar exercises of civil and political rights, there are

dangers as regards the manner in which the powers to deal with terrorism are left in the hands of

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the executive branch. If abused, the law can be used to instill fear among the critics of any

administration a weapon like no other.

CONCLUSION

In conclusion, Anti-Terror bill will not only abolish the rights of every Filipino but also

kills their freedom and democracy on expressing their thoughts and feelings against the

administration. With this law, the activists, media, and ordinary citizens will suffer. They will be

refrained from speaking and ceased form using their voices. It is not attempting to protect the

Philippines from a potential terrorist threat, but rather supplying itself with the unchecked power

to arrest and detain dissenters. If anything, the Anti-Terror Bill lacks the protections that reduce

the penalty for abuse of discretion by the authorities concerned. Philippine democracy itself is on

the verge of collapse and Filipino people will be all seen as terrorists. Despite from being signed

and legalized, my perspective and view on this bill will remain as a danger for every Filipino and

I am not in favor of this law.

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 REFERENCES:

Internet Sources:

Batac, Mark (2020, June 25). The Philippines’ anti-terror bill is poised to cause more terror.

Retrieved from https://www.aljazeera.com/opinions/2020/6/25/the-philippines-anti-

terror-bill-is-poised-to-cause-more-terror/

Chiu, Rey Anthony. (2020, July 6). Anti-Terrorism Act earns sweeping support among Bohol

peace, order councils. Retrieved from https://reliefweb.int/report/philippines/anti-

terrorism-act-earns-sweeping-support-among-bohol-peace-order-councils

Malindog-Uy, Anna (2020, June 14). Why the Philippines Needs an Anti-Terror Bill. Retrieved

from https://theaseanpost.com/article/why-philippines-needs-anti-terror-bill

Sy, Felix. (2020, August 11). Philippine New Anti-Terrorism Law Enacted. Retrieved from

https://www.zicolaw.com/resources/alerts/philippine-new-anti-terrorism-law-enacted/

Venzon, Cliff (2020, June 10). The Philippines' Anti-Terrorism Act of 2020: Five things to

know. Retrieved from https://asia.nikkei.com/Politics/The-Philippines-Anti-Terrorism-

Act-of-2020-Five-things-to-know

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