Professional Documents
Culture Documents
Is it unconstitutional?
In 2020, the Anti-Terrorism Act was passed and opposed by the political
opposition and human rights groups. They claim that the law has unconstitutional
provisions that would undermine the Bill of Rights enshrined in the 1987
Constitution.
Every statute is presumed valid. Construing the law, the courts must assume that
the legislature is ever conscious of the borders and edges of its plenary powers.
The Presumption is that the legislative body has passed the statute on terrorism
with full knowledge of the facts and to promote what is right and advance the
welfare of the majority.
The Philippine Constitution, particularly the Bill of Rights, is similar to the
provisions of the U.S. Constitution. While the United States and neighboring
countries enjoy stringent measures against terrorism, the Philippines may not. The
Anti-Terror law includes strong provisions against terrorists, but safeguards are in
place against possible abuses.