Going beyond campus: Profs challenge Anti-Terror Law before SC

Members of the academic community on Tuesday (Sept. 1) filed a petition asking the Supreme Court (SC) to declare as unconstitutional the Anti-Terrorism Law.

“The eagerness to end terrorism should never be used to curtail basic freedoms and rights guaranteed by the Constitution,” read the petition.

“For a war on terrorism that disrespects and disregards the rights of the people is not a war on terrorism,” it pointed out.

The petitioners included officials and teachers of the Alliance of Concerned Teachers, University of the Philippines (UP), De La Salle University (DLSU), University of Sto. Tomas (UST), Philippine Normal University (PNU), University of Makati, Don Bosco Technical Institute, Polytechnic University of the Philippines (PUP), Ateneo de Manila University (AdMU), Bulacan State University, Teachers’ Center, Komisyon ng Wikang Filipino (KWF)

In the petition, the group questioned the law’s Sections 4, 5, 6, 7, 8 and 9 for violating the Constitution’s due process clause and the freedom speech and expression.

With this, the group also said the law violates academic freedom in curtailing freedom of expression and association among members of the academe.

“In light of the education sector-related red-tagging, vilification campaigns, profiling and harassment, the Anti-Terrorism Act will only embolden state security forces to repress, persecute, or even prosecute progressive teachers,” the petition stated.

“The Anti-Terrorism Act’s draconian provisions that go against constitutionally guaranteed right to free speech and free expression, will only serve to weaken if not totally destroy academic freedom as provided under Article XIV, Section 5 (2) of the 1987 Constitution: ‘Academic freedom shall be enjoyed in all institutions of higher learning’,” it pointed out.

The group also assailed the law’s Sections 16 and 17 for violating the rights to privacy under the Constitution which “provides for the protection of the privacy of individuals against arbitrary intrusions by State agents.”

It also questioned Section 29 of the law for allowing arrests without warrant and detaining arrested persons without filing any charges.

“Hence, Section 29 of the Anti-Terrorism Act violates Article III, Section 2 of the 1987 Constitution which expressly requires a warrant for an arrest or a search. And such warrant must be issued by a judge based on probable cause,” the group said.

“In its entirety, the Anti-Terrorism Act patently encroaches on judicial powers and in effect castrates existing constitutional judicial remedies – from the writ of habeas corpus to the writ of amparo,” it added.

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Source: Latest Politics News Today (Politics.com.ph)