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SC upholds legality of anti-terror law

April 26, 2022 Hector Lawas 261 views

THE Supreme Court (SC) yesterday denied with finality several appeals challenging the constitutionality of Republic Act No. 11479 or the Anti-Terrorism Act of 2020.

The high court justices found no new issues to necessitate a reversal of their December 7, 2021 decision.

“The Court resolved to deny the motions for reconsideration due to lack of substantial issues and arguments raised by the petitioners.”

“The Members of the Court maintained their votes in their December 7, 2021 Decision, which was penned by then Associate Justice and now Philippine Judicial Academy Chancellor Rosmari D. Carandang.

“Newly appointed Associate Justice Antonio T. Kho, Jr. sided with the majority,” the SC said in a statement.

The high court, which is now in Baguio City for its annual summer session, has ordered an entry of judgment, meaning no more court submissions will be allowed on this case.

Voting 12-3, the SC declared as constitutional the provisions of RA 11479 but nullified two sections for being contrary to the 1987 Constitution.

Voided was the qualifier in Section 4 of RA 11479, which stated: “…which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.”

Likewise, the SC, in a 9-6 vote, declared as not constitutional Section 25 paragraph 2 of the RA 11479.

Section 25 paragraph 2 stated: “Request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC (Anti-Terrorism Council) after determination that the proposed designee meets the criteria for designation of UNSCR No. 1373.”