Terrifying antiterror bill

The Supreme Court recently released a decision it made in October 2019 that may yet turn out to be a landmark ruling—a permanent protection order for Vivian Sanchez and her family against members of the Philippine National Police, whom Sanchez accused of acts of surveillance, threats and intimidation after she had helped identify the remains of her husband, a suspected rebel.

A regional trial court had earlier dismissed Sanchez’s complaint against the PNP, but the Supreme Court, voting 8-5-1, took up the cudgels for Sanchez and gave notice to state authorities that their abuses against civilians will not be tolerated. The “totality of obtaining circumstances,” declared ponente Supreme Court Associate Justice Marvic Leonen, showed that Sanchez was “not merely imagining the threats against her and her family.”

They became “the subject of surveillance because of their relationship with a suspected member of the New People’s Army, creating a real threat to their life, liberty, or security.”

As for the state’s motivation to go after Sanchez (and others like her), Leonen directly linked the PNP’s actions to “the current administration’s aggressive efforts to stamp out the communist struggle in the country, which is seen as the ‘scourge of society.’”

How would the high court’s ringing blow against the unwarranted surveillance and intimidation of ordinary citizens square with Senate Bill No. 1083, the proposed “Anti-Terrorism Act of 2020’’ that the Senate, voting 19-2, approved last week?

The bill pushes for the vast expansion of the state’s coercive power to frightening lengths. It authorizes, for example, the surveillance or wiretapping of individuals or organizations for 60 days, with a “non-extendible period of 30 days.’’ Telcos and internet service providers will be compelled to turn over a suspected person’s call, text and internet metadata to authorities.

The bill does exempt from wiretapping journalists and their sources, as well as lawyers and clients, doctors and patients, and confidential business correspondence. But that is small comfort knowing how authorities can very well weaponize existing laws to target anyone it perceives as a government enemy.

Under the bill, “terrorism” is said to be committed by any person within or outside the Philippines who, regardless of the stage of execution, engages in acts intended to cause death or serious injury or danger to the life of any person, extensive damage or destruction to a government or public or private facility, extensive interference with, damage or destruction to critical infrastructure; or who develops, manufactures, possesses, acquires, transports, supplies or uses weapons of mass destruction to intimidate the public, create an atmosphere of fear and intimidate or destabilize the government. These acts are punishable with life in jail.

Sen. Francis Pangilinan, who voted against the bill with Sen. Risa Hontiveros, said the “too vague and encompassing’’ definition of terrorism would allow erring law enforcers to use even common crimes to “frame’’ individuals. Compounding that danger, law enforcers are now absolved from punishment for wrongfully detaining citizens, as the bill repeals the hefty deterrent penalty of P500,000 per day of wrongful detention under the present law.

The period of detention without warrant of arrest has itself been extended from the current three days to 14 days, with a bonus 10-day extension. Given the country’s corruption-prone and inefficient justice system, think of the miracles of injustice that can happen to an innocent person detained without charges and under the mercy of authorities for 24 days.

Sen. Panfilo Lacson, principal author of the bill, gave assurances that the measure provides adequate safeguards against abuse. Instead of just a trial court, authority from the Court of Appeals will be required for surveillance and proscription. Also, authorities must immediately notify a nearby judge and the Commission on Human Rights about any arrests. There are also jail penalties for erring law enforcers.

Unfortunately, this bill, a similar version of which is pending in the House, cannot be taken in a vacuum. Far from showing that it is a government of laws, the Duterte administration has, in fact, engaged in what observers see as “lawfare” to go after critical and independent voices — from opposition figures jailed or charged with sedition, to activists, NGOs and church groups red-tagged and media entities harassedʍon top of the police’s well-documented record of planting evidence and summarily executing suspects.

SB 1083 will give the people “peace of mind,” said Senate President Tito Sotto. Far from it; this draconian bill will result in anything but.