By Atty. Howie Calleja
Today, the Supreme Court begins to hear the oral arguments on the Anti-Terrorism Act of 2020. After seven months since the bill was first signed into law, and after thirty-seven petitions found their way into the hands of the highest court in the land, I am empowered by my fellow Filipinos. As the first to file before the Court, assailing the law’s constitutionality on multiple grounds, I’ve found that many colleagues, clients, students, and the general public have come to me with their warranted fears.
“Sir, I am afraid to post on my social media that I was a student-activist in UP, and my views that UP was our last safe place to protest.” said one of my students, after the recent news of the termination of the UP-DND accord. “Too many of my friends have been publicly red-tagged in the past, and I’m worried for their security.” This fear has been exacerbated by the Anti-Terrorism Act and its accompanying Implementing Rules and Regulations; even before this law was enacted, dissenters were publicly declared communists. Now, the practice has been legitimized and caused much of the youth, including my student, to fear expressing their views.
This chilling effect on free speech should be enough for the administration to reevaluate the law, but instead those who are questioning the Anti-Terrorism Act are called pro-terrorist; validating my student’s fears. Reports of threatening phone calls -and other terror tactics including surveillance by masked men- on lawyers arguing beside me today only prove that this is has always been about allowing legitimate dissent to prosper.
After months of waiting, and several postponements, the thirty-seven sets of petitioners have chosen seven presenters and six alternates, of which I am included. The presenters will discuss the issues of the vague and overly broad definition of terrorism, the violation of separation of powers, unconstitutional surveillance and travel restrictions, warrantless arrests, among others. After today’s oral arguments, the Supreme Court will decide on our petition’s plea for the issuance of a Temporary Restraining Order (TRO) to halt the implementation of the law. Because we expect that the proceedings, in their entirety, will be drawn out, it is this immediate relief that I ask all free Filipinos to help pray for.
As the legal arguments are finally breathed to life from some of the top legal minds in the country, the thirty-seven hold one common belief: that civil liberties should never be gambled. This is not, and will never be, an attack against our government; rather, it is a collective effort to uphold our constitutional rights. Any Filipino who stands firm with a conviction should never be viewed as a terrorist, rather they should be seen as someone who believes in a better future for their country. With the mere possibility of abuse due to the wording and various provisions of the law, this should be enough for all Filipinos to take notice – because there should never be room for mistake or misinterpretation.
The fight against terrorism is not one that is won by scaring citizens into submission. Neither should any law that seeks to address it have the potential to be used as an instrument of State abuse. Since filing the petition, I have been called a terrorist, and a terrorist sympathizer. I have been red-tagged alongside the thirty-six other sets of petitioners. However I hold these unfair and baseless claims as a badge of honor and distinction, because being red-tagged has come to mean that standing up and claiming the constitutional rights of all Filipinos. As we argue in front of the Supreme Court today, we reiterate the essential liberties that form a democratic society – and the right of every Filipino to enjoy those freedoms. We argue for our supporters, our accusers, and, most importantly, for the rights of our children and the next generations of peace-loving Filipinos.
Being anti-Anti-Terrorism Act has never been about being pro-communism, or a sympathizer for those who seek to destroy a peaceful and democratic nation. It has always been about safeguarding constitutional rights and ensuring that, regardless of race, religion, ideology, or socioeconomic status, that all Filipinos can freely voice their beliefs – without fear. As we stand before the Supreme Court today at 2pm, I, along with the twelve other representatives, are reminded that the fight against terrorism should not -and should never- be a threat to the fundamental freedoms of all peaceful Filipinos.
