Raymund Patalinjug Cabal JD-1 Criminal Law II

Calleja v. Executive Secretary G.R. No.252578, December 7, 2021

FACTS:
As a response to the growing problem of terrorism, R.A. No. 9372,
otherwise known as the "Human Security Act of 2007" (HSA), was enacted,
on February 8, 2007.
On June 18, 2012, R.A. No. 10168 or the "Terrorism Financing
Prevention and Suppression Act of 2012" was signed into law. it was passed
pursuant to the United Nations Security Council (UNSC) Resolution No.
137328 and other binding terrorism-related resolutions of the UNSC issued
under Chapter VII of the UN Charter.
On August 13, 2019, the Senate Committees on National Defense and
Security, Peace, Unification and Reconciliation, and Finance jointly
conducted a hearing on Senate Bill (SB) Nos. 6, 21, and 640, all of which
sought to amend certain provisions of the HSA. On September 30, 2019, the
Senate Committees jointly submitted Committee Report No. 9,
recommending the approval of SB No. 1083 to substitute SB Nos. 6, 21, and
630.
SB No. 1083 was sponsored at the plenary in the Senate on October
2 and November 5, 2019. This was deliberated upon on the floor on
December 17, 2019, January 21, 2020, and January 27, 2020. After
amendments, on February 26, 2020, the Senate approved on third and final
reading SB No. 1083 entitled "An Act to Prevent, Prohibit, and Penalize
Terrorism, thereby Repealing Republic Act No. 9372, otherwise known as
the 'Human Security Act of 2007.'"
On May 29, 2020, the Committees on Public Order and Safety and on
National Defense and Security adopted the Senate version of the bill as an
amendment to House Bill (HB) No. 6875, entitled "An Act to Prevent, Prohibit,
and Penalize Terrorism, thereby Repealing Republic Act No. 9372 Otherwise
Known as the 'Human Security Act of 2007.'" On May 30, 2020, the House
Committees jointly submitted Committee Report No. 340 to the House of
Representatives, recommending the approval, without amendment, of HB
No. 6875.
In a letter dated June 1, 2020, President Rodrigo R. Duterte certified
the necessity for the immediate enactment of HB No. 6875 "to address the
urgent need to strengthen the law on anti-terrorism and effectively contain
the menace of terrorist acts for the preservation of national security and the
promotion of general welfare."
On June 2, 2020, HB No. 6875 was sponsored at the plenary for
approval on second reading. On the same evening, the plenary approved
HB No. 6875 on second reading with no amendments accepted.
Thereafter, on June 3, 2020, HB No. 6875 passed the third reading
with the House voting 173-31 with 29 abstentions. The final tally of votes was
changed the next day to 168-36, in order to reflect the corrections and
retractions of several members.
On June 9, 2020, the enrolled bill signed by then Speaker of the House
Alan Peter Cayetano and Senate President Vicente Sotto III was transmitted
to the Office of the President for the President's signature. Consequently, on
July 3, 2020, President Duterte signed R.A. No. 11479, otherwise known as
the ATA. The legislation was published in the Manila Bulletin and the Official
Gazette on July 6, 2020, and took effect on July 22, 2020.

ISSUE:
WON Republic Act 11479 or the Anti-Terrorism Act of 2020 is
constitutional.

RULING:
The Court declares the following provisions of Republic Act No.
11479 UNCONSTITUTIONAL:
1) The phrase in the proviso of Section 4 which states "which are not
intended to cause death or serious physical harm to a person, to endanger
a person's life, or to create serious risk to public safety;"
2) The second mode of designation found in paragraph 2 of Section 25; and
3) As a necessary consequence, the corresponding reference/provisions in
the Implementing Rules and Regulations of Republic Act No. 11479 relative
to the foregoing items.
Moreover, pursuant to the Court's rule-making power, the Court of Appeals
is DIRECTED to prepare the rules that will govern judicial proscription
proceedings under Sections 26 and 27 of Republic Act No. 11479 based on
the foregoing discussions for submission to the Committee on the Revision
of the Rules of Court and eventual approval and promulgation of the
Court En Banc.
The petitions in G.R. No. 253118 (Balay Rehabilitation Center, Inc. v.
Duterte) and UDK No. 16663 (Yerbo v. Offices of the Honorable Senate
President and the Honorable Speaker of the House of Representatives)
are DISMISSED.