Legal Research (Final Term)
Legal Research (Final Term)
Legal Research (Final Term)
Submitted to:
DR. JOSE TEODORICO V. MOLINA
CPA-Economist-Legal Practitioner
Professorial Lecturer
“
If we desire respect for the law, we must first
make the law respectable.
— Louis Dembitz Brandeis
Former Associate Justice of the U.S.
Supreme Court (1916–1939)
”
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LEGAL RESEARCH ARELLANO UNIVERSITY
Prepared and submitted by Maria Westphalia B. Gozon SCHOOL OF LAW
TABLE OF CONTENTS
I. Introduction…………………………………………………………………………………...…… 3
II. Objective………………..……………………………………………………………….……...… 3
IV. Laws……..………………………………………………………………………………..….…… 25
V. Conclusion………………………………………………………………………………..….….... 26
I. Introduction…………………………………………………………………………………..…… 27
II. Objective………………..……………………………………………………………….……...… 27
IV. Laws……..……………………………………………………………………………………..… 43
V. Conclusion………………………………………………………………………………………... 43
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II. Objective
It was previously mentioned that countries like South Korea and Vietnam contained the
coronavirus outbreak by conducting mass testing. The Philippines, on the other hand, resorted
to imposing lockdown measures pursuant to the issuances and recommendations of the
Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID). Mass testing has yet to
1
Mark Zastrow, How South Korea prevented a coronavirus disaster—and why the battle isn’t over, National Geographic, May 12, 2020,
https://www.nationalgeographic.com/science/2020/05/how-south-korea-prevented-coronavirus-disaster-why-battle-is-not-over/ (last
visited 6 December 2020)
2
Reuters, After mass testing, Vietnam says coronavirus outbreak contained, May 1, 2020,
https://www.japantimes.co.jp/news/2020/05/01/asia-pacific/vietnam-coronavirus-outbreak-contained/ (last visited 6 December 2020)
3
Mass testing means asking everyone to be tested, whether or not they have symptoms. The idea is to find people who may be
infected but not yet displaying symptoms. They can then be told to isolate and be prevented from spreading the virus. Mass testing
can be used in more targeted ways, including: (a) regular testing in a hospital or care home to prevent outbreaks; (b) keeping open
places like schools and universities where the virus can spread; and (c) helping people safely attend a cinema, theatre or football
match with a one-off test before entry [Ian Westbrook, What is mass testing and how does it work?, BBC News, December 1, 2020,
https://www.bbc.com/news/explainers-54872039 (last visited 7 December 2020)].
4
Paul Hannon, Global Economy Faces Hard Winter Despite Covid-19 Vaccine Hopes, The Wall Street Journal, December 1, 2020,
https://www.wsj.com/articles/global-economy-faces-difficult-winter-despite-covid-19-vaccine-hopes-11606822321 (last visited 6
December 2020)
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be conducted in the country. Pursuant to Executive Order No. 168, s. 2014 (EO 168)5, the
IATF-EID is established to facilitate inter-sectoral collaboration to establish preparedness and
ensure efficient government response to assess, monitor, contain, control, and prevent the spread
of any potential epidemic in the Philippines.6 It is the IATF-EID which provides guidelines
codifying existing policies of the IATF and member-agencies pertaining to community
quarantine to be followed by regions, provinces, cities, municipalities and barangays placed
under community quarantine. The question now arises: What is the legal personality of the
IATF-EID to impose such guidelines? The answer to this question will be discussed in detail
below.
Geographical Diseases that are Diseases that are Diseases for which An epidemic that
Range and seen only constantly present a larger than occurs on a
Duration occasionally, and (often at a low expected number worldwide scale is
usually without level) in a of cases occurs in called a pandemic
geographic population within a short time disease.
concentration, are a particular within a
called sporadic geographic region geographic region
diseases. are called endemic are called
diseases. epidemic diseases.
5
Creating the Inter-Agency Task Force for the Management of Emerging Infectious Diseases in the Philippines
6
Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines
7
Lumen Learning, The Language of Epidemiologists,
https://courses.lumenlearning.com/microbiology/chapter/the-language-of-epidemiologists/ (last visited 7 December 2020)
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COVID-19 SYMPTOMS
COVID-19 affects different people in different ways. Most infected people will develop
mild to moderate illness and recover without hospitalization.
8
World Health Organization, Coronavirus, https://www.who.int/health-topics/coronavirus#tab=tab_1 (last visited 7 December 2020)
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People with mild symptoms who are otherwise healthy should manage their symptoms at
home. On average it takes 5–6 days from when someone is infected with the virus for symptoms
to show, however it can take up to 14 days.9
Note: The recent jump and fall in the 56-day trend for global cases was caused by Turkey announcing
800,000 previously unreported infections on 10 December.
9
Id.
10
The Visual and Data Journalism Team, Covid-19 pandemic: Tracking the global coronavirus outbreak, BBC, December 22, 2020,
https://www.bbc.com/news/world-51235105 (last visited 23 December 2020)
11
Id.
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Coronavirus cases have surged over the past few months in several regions of the world
and large numbers of new infections are being reported daily.
The World Health Organization (WHO) has warned that the vaccines starting to get
approval for public use are no magic bullet for the coronavirus crisis and do not mean that the
pandemic will end soon. "Vaccines do not equal zero Covid," said WHO emergencies director
Michael Ryan. "Vaccination will add a major, major, powerful tool to the tool kit that we have.
But by themselves, they will not do the job." Several countries have now approved coronavirus
vaccines for use but as populations await their roll-out, cases remain high across many parts of
the world.12
12
Id.
13
Id.
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Americans, many of them children and minorities, have fallen into poverty since May, according
to researchers14.
14
Natalie Sherman, Coronavirus: US poverty rises as aid winds down, BBC, October 15, 2020,
https://www.bbc.com/news/business-54559008 (last visited 23 December 2020)
15
Supra note 10.
16
Id.
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Africa has recorded about 2.5 million cases, but the true extent of the pandemic there is
not known as testing rates are low. South Africa, with more than 900,000 cases and 24,000 deaths,
is the worst affected country on the continent. Morocco, Egypt, Ethiopia and Tunisia are the
only other African countries to officially record more than 100,000 cases.17
17
Id.
18
Rambo Talabong, Metro Manila to be placed on lockdown due to coronavirus outbreak, Rappler, March 12, 2020,
https://www.rappler.com/nation/metro-manila-placed-on-lockdown-coronavirus-outbreak (last visited 23 December 2020)
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III said a 38-year-old Chinese woman from Wuhan, China, the epicenter of the outbreak, was
confirmed to be infected with the virus following a laboratory test in Australia.19
19
ABS-CBN News, Philippines confirms first case of new coronavirus, ABS-CBN, January 30, 2020,
https://news.abs-cbn.com/news/01/30/20/philippines-confirms-first-case-of-new-coronavirus (last visited 23 December 2020)
20
International Development Law Organization, Rule of Law in the Time of COVID-19: The Philippines, July 30, 2020,
https://www.idlo.int/news/notes-from-the-field/rule-law-time-covid-19-philippines (last visited 24 December 2020)
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inquest proceedings had to transition to e-inquest and experienced some challenges due to
equipment and internet connectivity issues, and the ability to connect with court systems.21
II. Courts
For the most part, court operations have been severely curtailed with the most impact felt
in the Luzon region, including Metro Manila. During the ECQ period, courts were closed for
in-person services and focused only on emergency and essential activities, including inquest
proceedings and eventually petition and parole hearings. Trials and other hearings are gradually
starting to pick up as Metro Manila eases into the General Community Quarantine and more
judges and court personnel are returning to courts. The Supreme Court is putting together
committees to look into “new normal” trials and hearings via videoconferencing and to learn
from needs and challenges that have arisen during the pandemic.22
III. Prisons
In prisons and other detention institutions, overcrowding and health, hygiene and
sanitation conditions increase the risk of the spread of COVID-19. A significant proportion of
detainees present vulnerabilities such as pre-existing medical conditions (high blood pressure,
heart and respiratory tract diseases, etc.) and being older, which puts them at increased risk of
severe illness if they become infected with COVID-19.23
21
Id.
22
Id.
23
Id.
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gender-based violence and ensuring access to shelters and other forms of assistance; seeking
release from prison for certain categories of persons deprived of liberty; and providing access to
food and health resources for those most impacted by lockdown restrictions. Alternative law
groups and universities such as the University of the Philippines and the Ateneo Human Rights
Centre mobilized to provide legal services online. NGOs also mobilized in information
dissemination regarding implications of the ECQ.
The Integrated Bar of the Philippines (IBP), the official organization of Philippine
lawyers, suspended its work during the ECQ. Despite reduced court operations, IBP encouraged
all members to be proactive during the COVID-19 quarantine. It issued guidelines on how
lawyers can help, such as giving legal advice on rights and duties regarding the quarantine,
advocating for appropriate government action, and expressing appreciation for health
emergency workers.24
V. Vulnerable groups
It is estimated that 17.6 million Filipinos live below the poverty threshold estimated at Php
10,727 (approximately US$200) for a family of five per month. Particular concerns for poor people
in the context of the pandemic include limited or no access to soap and water and face masks,
cramped and close living quarters making social distancing difficult, and limited access to health,
basic social services and public transport. Moreover, the suspension of social welfare programs
triggered the need for cash subsidies to buy food and essential supplies, including medicines;
these were to be provided under the Pantawid Pamilyang Pilipino Program25 which supports
some 4.3 million poor households. There has been a substantial impact on informal and
low-income workers who were unable to work from home and are now jobless and unable to
provide basic essentials for their families.
Women in the Philippines have been experiencing the pandemic differently from men.
Specific challenges for women include difficulties in receiving hygiene kits and access to family
24
Id.
25
The Pantawid Pamilyang Pilipino Program (4Ps) is a human development measure of the national government that provides
conditional cash grants to the poorest of the poor, to improve the health, nutrition, and the education of children aged 0-18. It is
patterned after the conditional cash transfer (CCT) schemes in Latin American and African countries, which have lifted millions of
people around the world from poverty. The Department of Social Welfare and Development (DSWD) is the lead government agency
of the 4Ps (Official Gazette of the Republic of the Philippines, Pantawid Pamilyang Pilipino Program).
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planning and pre- and post-natal care. Female-headed households are most vulnerable with the
widespread loss of jobs due to the ECQ, including those in low-income and informal jobs. The
strain is particularly acute for women who are under pressure to home-school children and care
for elderly family members Moreover, as they are called upon to help with community frontline
disease prevention, women put themselves at risk of exposure to COVID-19 due to a lack of
personal protection equipment, which increases the risk of spreading infection to children and
family at home. There are also indications of an increase in gender-based violence as women are
forced into lockdown with abusive partners and access to justice and resources becomes more
difficult.
While many confirmed cases of COVID-19 are adults with pre-existing conditions,
children are affected when they are separated from their parents and caregivers who are
quarantined or confined in hospitals. With the suspension of classes, more than 22 million
children and adolescents have had their education disrupted. Children are also restricted from
going outside and to public places such as grocery stores.26
26
Id.
27
Art. II, Sec. 15, 1987 Constitution
28
The doctrine of parens patriae is of Anglo-American, common law origin. It was understood to have "emanate[d] from the right of
the Crown to protect those of its subjects who were unable to protect themselves." It was the King's "royal prerogative" to "take
responsibility for those without capacity to look after themselves." At its outset, parens patriae contemplated situations where
vulnerable persons had no means to support or protect themselves. Given this, it was the duty of the State, as the ultimate guardian of
the people, to safeguard its citizens' welfare.
The doctrine became entrenched in the United States, even as it gained independence and developed its own legal tradition. In Late
Corporation of Church of Jesus Christ v. United States, the United States Supreme Court explained parens patriae as a beneficent state
power and not an arbitrary royal prerogative:
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This prerogative of parens patriae is inherent in the supreme power of every State, whether that power is lodged in a royal person or
in the legislature, and has no affinity to those arbitrary powers which are sometimes exerted by irresponsible monarch to the great
detriment of the people and the destruction of their liberties. On the contrary, it is a most beneficent function, and often necessary to
be exercised in the interest of humanity, and for the prevention of injury to those who cannot protect themselves. (Emphasis
supplied.)
In the same case, the United States Supreme Court emphasized that the exercise of parens patriae applies "to the beneficiaries of
charities, who are often incapable of vindicating their rights, and justly look for protection to the sovereign authority." It is from this
reliance and expectation of the people that a state stands as "parent of the nation."
American colonial rule and the adoption of American legal traditions that it entailed facilitated our own jurisdiction's adoption of the
doctrine of parens patriae. Originally, the doctrine was understood as "the inherent power and authority of the state to provide
protection of the person and property of a person non sui juris [Separate Opinion of Justice Leonen in the case of Samahan ng Mga
Progresibong Kabataan (SPARK) v. Quezon City, et al., G.R. No. 225442, August 08, 2017].”
29
Creating the Inter-Agency Task Force for the Management of Emerging Infectious Diseases in the Philippines
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organizations (NGOs) and the private sector for assistance as the circumstances and exigencies
may require.
Further, the DOH Secretary may recommend to the President the enlistment of the
Armed Forces of the Philippines to supplement the Philippine National Police and other law
enforcement agencies for the purpose of enforcing the quarantine of specific areas or facilitating
the transport of EID patients, and for such other purposes for the effective implementation of
this Order.
The duly authorized representatives of the member-agencies of the Task Force shall have
a rank not lower than Assistant Secretary.30
30
Sec. 1, EO 168
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31
Sec. 2, EO 168
32
Sec. 3, EO 168
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possible fund sources as may be necessary for the implementation of this Order shall be
identified and provided for by the Department of Budget and Management.
33
Severe acute respiratory syndrome (SARS) is a viral respiratory disease caused by a SARS-associated coronavirus. It was first
identified at the end of February 2003 during an outbreak that emerged in China and spread to 4 other countries. WHO coordinated
the international investigation with the assistance of the Global Outbreak Alert and Response Network (GOARN) and worked closely
with health authorities in affected countries to provide epidemiological, clinical and logistical support and to bring the outbreak
under control. SARS is an airborne virus and can spread through small droplets of saliva in a similar way to the cold and influenza. It
was the first severe and readily transmissible new disease to emerge in the 21st century and showed a clear capacity to spread along
the routes of international air travel. SARS can also be spread indirectly via surfaces that have been touched by someone who is
infected with the virus. Most patients identified with SARS were previously healthy adults aged 25–70 years. A few suspected cases of
SARS have been reported among children under 15 years. The case fatality among persons with illness meeting the current WHO
case definition for probable and suspected cases of SARS is around 3% [World Health Organization, Overview of Severe Acute
Respiratory Syndrome (SARS)].
34
Avian influenza refers to the disease caused by infection with avian (bird) influenza (flu) Type A viruses. These viruses occur
naturally among wild aquatic birds worldwide and can infect domestic poultry and other bird and animal species. Avian flu viruses do
not normally infect humans. However, sporadic human infections with avian flu viruses have occurred (Centers for Disease Control
and Prevention, Information on Avian Influenza).
35
Ebola virus disease (EVD) is a deadly disease with occasional outbreaks that occur primarily on the African continent. EVD most
commonly affects people and nonhuman primates (such as monkeys, gorillas, and chimpanzees). It is caused by an infection with a
group of viruses within the genus Ebolavirus: Ebola virus (species Zaire ebolavirus); Sudan virus (species Sudan ebolavirus); Taï Forest
virus (species Taï Forest ebolavirus, formerly Côte d’Ivoire ebolavirus); Bundibugyo virus (species Bundibugyo ebolavirus); Reston virus
(species Reston ebolavirus); and Bombali virus (species Bombali ebolavirus). Of these, only four (Ebola, Sudan, Taï Forest, and
Bundibugyo viruses) are known to cause disease in people. Reston virus is known to cause disease in nonhuman primates and pigs,
but not in people. It is unknown if Bombali virus, which was recently identified in bats, causes disease in either animals or people.
Ebola virus was first discovered in 1976 near the Ebola River in what is now the Democratic Republic of Congo. Since then, the virus
has been infecting people from time to time, leading to outbreaks in several African countries. Scientists do not know where Ebola
virus comes from. However, based on the nature of similar viruses, they believe the virus is animal-borne, with bats or nonhuman
primates (chimpanzees, apes, monkeys, etc.) being the most likely source. Infected animals carrying the virus can transmit it to other
animals, like apes, monkeys, duikers and humans. The virus spreads to people initially through direct contact with the blood, body
fluids and tissues of animals. Ebola virus then spreads to other people through direct contact with body fluids of a person who is sick
with or has died from EVD. This can occur when a person touches these infected body fluids (or objects that are contaminated with
them), and the virus gets in through broken skin or mucous membranes in the eyes, nose, or mouth. People can get the virus through
sexual contact with someone who is sick with EVD, and also after recovery from EVD. The virus can persist in certain body fluids,
like semen, after recovery from the illness. Ebola survivors may experience side effects after their recovery, such as tiredness, muscle
aches, eye and vision problems and stomach pain (Centers for Disease Control and Prevention, What is Ebola Virus Disease?).
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36
Middle East respiratory syndrome coronavirus (MERS-CoV) is a virus transferred to humans from infected dromedary camels. It is
a zoonotic virus, meaning it is transmitted between animals and people, and it is contractable through direct or indirect contact with
infected animals. MERS-CoV has been identified in dromedaries in several countries in the Middle East, Africa and South Asia. In
total, 27 countries have reported cases since 2012, leading to 858 known deaths due to the infection and related complications. The
origins of the virus are not fully understood but according to the analysis of different virus genomes it is believed that it may have
originated in bats and later transmitted to camels at some point in the distant past. Human-to-human transmission is possible, but
only a few such transmissions have been found among family members living in the same household. In health care settings,
however, human-to-human transmission appears to be more frequent [World Health Organization, Overview of Middle East
respiratory syndrome coronavirus (MERS-CoV)].
37
Doctors call septicemia (a bloodstream infection) caused by Neisseria meningitidis meningococcal septicemia or meningococcemia.
When someone has meningococcal septicemia, the bacteria enter the bloodstream and multiply, damaging the walls of the blood
vessels. This causes bleeding into the skin and organs. Symptoms may include: (1) Fever and chills; (2) Fatigue (feeling tired); (3)
Vomiting; (4) Cold hands and feet; (5) Severe aches or pain in the muscles, joints, chest, or abdomen (belly); (6) Rapid breathing; (7)
Diarrhea; and (8) In the later stages, a dark purple rash [Centers for Disease Control and Prevention, Meningococcal Septicemia (aka
Meningococcemia)].
38
Leptospirosis is a bacterial disease that affects humans and animals. It is caused by bacteria of the genus Leptospira. In humans, it
can cause a wide range of symptoms, some of which may be mistaken for other diseases. Some infected persons, however, may have
no symptoms at all. Without treatment, Leptospirosis can lead to kidney damage, meningitis (inflammation of the membrane around
the brain and spinal cord), liver failure, respiratory distress, and even death (Centers for Disease Control and Prevention, Leptospirosis).
39
Tuberculosis (TB) is caused by bacteria (Mycobacterium tuberculosis) that most often affect the lungs. Tuberculosis is curable and
preventable. TB is spread from person to person through the air. When people with lung TB cough, sneeze or spit, they propel the
TB germs into the air. A person needs to inhale only a few of these germs to become infected. About one-quarter of the world's
population has a TB infection, which means people have been infected by TB bacteria but are not (yet) ill with the disease and
cannot transmit it. People infected with TB bacteria have a 5–15% lifetime risk of falling ill with TB. Those with compromised
immune systems, such as people living with HIV, malnutrition or diabetes, or people who use tobacco, have a higher risk of falling ill.
When a person develops active TB disease, the symptoms (such as cough, fever, night sweats, or weight loss) may be mild for many
months. This can lead to delays in seeking care, and results in transmission of the bacteria to others. People with active TB can infect
5–15 other people through close contact over the course of a year. Without proper treatment, 45% of HIV-negative people with TB on
average and nearly all HIV-positive people with TB will die (World Health Organization, Tuberculosis).
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microorganisms that cannot replicate outside of a host cell. Because viruses do not eat food -
instead they seize materials and energy from host cells by hijacking cellular machinery - some
scientists argue that they are more like complex molecules than living creatures. Viruses are
known to infect nearly every type of organism on Earth. Some viruses, called bacteriophages,
even infect bacteria.40
Bacteria are ten to 100 times larger than viruses. They are typically 1 to 3 microns in
length and take the shape of a sphere or rod. Most bacteria consist of a ring of DNA surrounded
by cellular machinery, all contained within a fatty membrane. They acquire energy from the
same essential sources as humans, including sugars, proteins, and fats. Some bacteria live and
multiply in the environment while others are adapted to life within human or animal hosts.
Some bacteria can double in number every fifteen minutes, while others take weeks or months to
multiply. Bacteria cause many types of diseases, ranging from mild skin irritation to lethal
pneumonia.41
Parasites are part of a large group of organisms called eukaryotes. Parasites are different
from bacteria or viruses because their cells share many features with human cells including a
defined nucleus. Parasites are usually larger than bacteria, although some environmentally
resistant forms are nearly as small. Some parasites only replicate within a host organism, but
some can multiply freely in the environment. Parasites can be made of one cell, as in the case of
Giardia, or many cells, as with parasitic worms. In developing countries unicellular parasites,
such as Plasomdium, the cause of malaria, are a major source of disease. Waterborne parasites,
such as Giardia and Cryptosporidium are the most common causes of parasitic disease in the
United States.42
Fungi are diverse in terms of their shape, size and means of infecting humans. Fungi are
eukaryotes, meaning that like parasites, their cells have a true nucleus and complex internal
structures. They are most commonly found as environmentally resistant spores and molds, but
can cause disease in humans in the form of yeasts. Fungi most often cause skin infections and
40
Microchem Laboratory, Introduction to Bacteria, Viruses, Fungi, and Parasites,
https://microchemlab.com/information/introduction-bacteria-viruses-fungi-and-parasites (last visited 24 December 2020)
41
Id.
42
Id.
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COMMUNITY QUARANTINE
On May 19, 2020, Presidential Spokesperson Harry Roque, also spokesperson for the
government’s anti-coronavirus policy task force, laid out guidelines for movement within and
among areas in enhanced community quarantine (ECQ), modified enhanced community
quarantine (MECQ), general community quarantine (GCQ), and modified general community
quarantine (MGCQ).44
43
Id.
44
JC Gotinga, ECQ, MECQ, GCQ, MGCQ: Who can go where?, Rappler, May 19, 2020,
https://www.rappler.com/newsbreak/iq/explainer-movement-areas-under-community-quarantine-coronavirus (last visited December
23, 2020)
45
Catalina Ricci S. Madarang, From ECQ to modified ECQ and modified GCQ, what do these phases mean?, Philippine Star, May 14,
2020,
https://interaksyon.philstar.com/politics-issues/2020/05/14/168523/from-ecq-to-modified-ecq-and-modified-gcq-what-do-these-phases-m
ean/ (last visited 23 December 2020)
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also allowed. Schools are still closed. Government offices, meanwhile, should only run with a
skeletal workforce.46
46
Id.
47
Id.
48
Id.
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The IATF-EID divided businesses and industries in the country into four categories. All
establishments providing basic goods and services such as food, beverages, utilities and delivery
services previously exempted during ECQ will remain open in modified GCQ and GCQ areas.49
49
Id.
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Meanwhile, all types of manufacturing and real estate activities are allowed under
modified GCQ but they require leasing. The rest under category II are allowed in both phases.50
Majority of the businesses under category III required leasing for modified GCQ until
affected areas transitioned to GCQ.51
50
Id.
51
Id.
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Category IV businesses which are mostly recreational and exercise areas are still
suspended even during GCQ phase.52
52
Id.
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IV. Laws
Aside from EO 168, which created the Inter-Agency Task Force (IATF), there are laws
which were passed to combat COVID-19 in the Philippines. Listed below are laws which were
enacted for the purpose of thwarting the prevalence of the novel coronavirus pandemic.
Creating the Inter-Agency Task Force for the Pres. Benigno S. 26 May 2014
Management of Emerging Infectious Aquino III
Diseases in the Philippines (EO 168)
Bayanihan to Heal As One Act (RA 11469)53 Philippine Congress 25 March 2020
TITLE DESCRIPTION
The New Normal for the On 27 April 2020, Rep. Alan Peter S. Cayetano and other representatives in
Workplace and Public the lower house of congress submitted House Bill (HB) 6623 or the
Spaces Act of 2020” proposed New Normal for the Workplace and Public Spaces Act of 2020.
(House Bill No. 6623) This Bill was passed in order to guide the public and businesses in their
conduct after community quarantine to fight the spread of COVID-19 has
been lifted. Without a working vaccine, it is imperative that people and
businesses follow “new normal rules” in order for the country to avoid
relapse in its fight against COVID-19.54
Corporate Recovery and On 26 November 2020, the Senate approved SB No. 1357 or the Corporate
Tax Incentives for Recovery and Tax Incentives for Enterprises Act (CREATE). The CREATE
Enterprises Act (Senate bill seeks to lower corporate income tax rates and to rationalize fiscal
53
RA 11469 was effective for only three (3) months.
54
Abo and Peñarada Law, HB 6623: The Proposed New Normal for the Workplace and Public Spaces Act of 2020 and its Guidelines
Affecting Different Businesses and Industries, May 26, 2020,
https://abolawfirm.com/hb-6623-the-proposed-new-normal-for-the-workplace-and-public-spaces-act-of-2020/ (last visited 25 December
2020)
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V. Conclusion
Based on the foregoing, it is understood that the legal personality of the Inter-Agency
Task Force (IATF) is founded on the Declaration of Principles and State Policies enshrined in
the present Constitution. The State, as parens patriae, is under the obligation to protect its
people and promote their right to health; this is in accordance with Section 15 of Article II of the
Constitution. Therefore, the State is obliged to take measures which it deems necessary to
forestall or prevent [potential] health crises in the country within the limits provided by the
fundamental law of the land.
55
PricewaterhouseCoopers, Tax Alert No. 91 [Senate Bill (SB) No. 1357 or The Corporate Recovery and Tax Incentives for Enterprises Act
(CREATE)], November 27, 2020, https://www.pwc.com/ph/en/tax-alerts/2020/tax-alert-91.html (last visited 25 December 2020)
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I. Introduction
The history of modern terrorism began with the French revolution and has evolved ever
since. The most common causes or roots of terrorism include civilizations or culture clashes,
globalization, religion, Israeli-Palestinian conflict, or the Russian invasion of Afghanistan. More
personal or individual-based reasons for terrorism are frustration, deprivation, negative identity,
narcissistic rage, and/or moral disengagement.56
To combat terrorism, the Philippines felt the necessity to pass a law which will further
strengthen its existing laws related to terrorism; hence, the genesis of the Anti-Terrorism Act of
2020 (RA 11479) principally sponsored by Hon. Jericho Jonas B. Nograles. However, the passage
of RA 11479 has brought tension between the affirmative and the negative — those in favor of its
passage and those not in favor. Although the intention of the State to defeat terrorism is
commendable, it cannot be denied that certain provisions of the said law are suffering from
constitutional infirmities.
II. Objective
A total of 16 petitions have been filed with the Supreme Court seeking to nullify the
Anti-Terrorism Act. Two framers of the 1987 Constitution, opposition lawmakers, veteran
journalists, a number of human rights defenders, youth groups, and a group of Muslim lawyers
urged the Supreme Court to declare the Anti-Terrorism Act unconstitutional and stop its
implementation.57 Knowing the raison d'être of these petitions is strongly significant as these
petitioners did not file such petitions out of thin air. This research will identify the provisions of
RA 11479 which are found to be violative of certain provisions of the Constitution.
56
Eastern Kentucky University, Definition, History, and Types of Terrorism,
https://ekuonline.eku.edu/homeland-security/definition-history-and-types-terrorism (last visited 25 December 2020)
57
CNN Philippines Staff, 16 Supreme Court petitions seek to void anti-terrorism law, July 23, 2020,
https://cnnphilippines.com/news/2020/7/23/Supreme-Court-petitions-anti-terrorism-law.html (last visited 25 December 2020)
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TERRORISM
The term ‘terrorism’ has varied definition. States and international organizations like the
United Nations have their own definition of terrorism. Notwithstanding these different
definitions, terrorism practically covers acts which are intended to sow fear or create a state of
terror in the minds of the general public.
In the Philippines, terrorism is presently defined as (1) the acts intended to cause death or
serious bodily injury to any person, or endangers a person’s life; (2) acts intended to cause
extensive damage or destruction to a government or public facility, public place or private
property; (3) acts intended to cause extensive interference with damage or destruction to critical
infrastructure; (4) development, manufacturing, possession, acquisition, transportation,
supplying, or usage of weapons, explosives or of biological, nuclear, radiological or chemical
weapons; and (5) releasing of dangerous substances, or causing fire, floods or explosions when
the purpose of such act, by its nature and context, is to intimidate the general public or a
segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by
58
United Nations Office on Drugs and Crime, Effects of terrorism: A trauma and victimological perspective,
https://www.unodc.org/e4j/en/terrorism/module-14/key-issues/effects-of-terrorism.html (last visited on 27 December 2020)
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59
Felix Sy, Philippine New Anti-Terrorism Law Enacted, August 11, 2020,
https://www.zicolaw.com/resources/alerts/philippine-new-anti-terrorism-law-enacted/ (last visited 28 December 2020)
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PLANNING, TRAINING, PREPARING, AND FACILITATING THE Life imprisonment without the
COMMISSION OF TERRORISM (INCLUDING POSSESSING benefit of parole
OBJECTS OR COLLECTING OR MAKING DOCUMENTS
CONNECTED WITH THE PREPARATION OF TERRORISM
In addition to providing a new definition of terrorism, the Act has the following
significant provisions:60
❏ WARRANTLESS ARREST
A person suspected of committing terrorism may be arrested without a warrant
upon a written authority from the Anti-Terrorism Council (“ATC”). A prior warrant of
arrest issued by a judge is not necessary.
❏ SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS
Upon a written order from the Court of Appeals, private communications, data,
and information of any person charged with or suspected of committing terrorism may
be wiretapped, intercepted, recorded, or collected.
❏ WAIVER OF BANK SECRECY
The Anti-Money Laundering Council (“AMLC”) has the authority to inquire into
bank deposits and investments with any banking or non-bank financial institutions
without a court order in case a person/group was designated as a terrorist/terrorist
organisation or upon issuance of a preliminary order of proscription.
❏ EXTRATERRITORIAL APPLICATION
The Act also applies to any person who, although physically outside the territorial
limits of the Philippines, commits the crime against Philippine citizens or persons of
Philippine descent, where citizenship or ethnicity was a factor in the commission of the
60
Sy, supra note 59.
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crime or commit said crime directly against the Philippine government. In such a case,
the Philippines may exercise jurisdiction only when the individual enters or is inside
Philippine territory.
❏ REMOVAL OF AWARD FOR DAMAGES IN CASE OF ACQUITTAL
Under the Human Security Act, upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of damages in the amount of PHP500,000 for
every day that he or she has been detained or arrested. This provision was omitted from
the Act and hence no longer applies.
Sec. 4. Terrorism. — Subject to Section 49 of this Act, terrorism is committed by any person
who, within or outside the Philippines, regardless of the stage of execution:
(a) Engages in acts intended to cause death or serious bodily injury to any person, or
endangers a person’s life;
(b) Engages in acts intended to cause extensive damage or destruction to a government or
public facility, public place or private property;
(c) Engages in acts intended to cause extensive interference with damage or destruction to
critical infrastructure;
(d) Develops, manufactures, possess, acquires, transports, supplies, or uses weapons,
explosives or of biological, nuclear, radiological or chemical weapons; and
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Researcher's View: It is basic in criminal law that internal acts, such as having criminal thoughts or
intending to commit an offense, are not punishable. Cogitationis puenam nemo emeret. No man may
be punished for his thoughts.
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The ATC may designate an individual, group of persons, organization, or association, whether
domestic or foreign, upon finding of probable cause that the individual, groups of persons,
organization, or association, commit, or attempt to commit, or conspire in the commission of
the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act.
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AMLC, under their own rules or laws governing the Council, will be the one to
determine whether there is justification in freezing such assets.
Under RA 10168, the President has the power to designate individuals or groups of
people as terrorists. The Anti-Terrorism Council merely recommends to the President.
There was no designation under the Human Security Act. Under the new law,
designation is included. In fact, there are two (2) kinds of designation under the new law:
(a) automatic designation, which refers to the adoption of designees — those already
designated by the United Nations Security Council and (b) designation by the
Anti-Terrorism Council.
Sec. 29. Detention Without Judicial Warrant of Arrest. — The provisions of Article 125 of the
Revised Penal Code to the contrary notwithstanding, any law enforcement agent or military
personnel, who having been duly authorized in writing by the ATC has taken custody of a
person suspected of committing any acts defined and penalized under Sections 4, 5, 6, 7, 8, 9,
10, 11 and 12 of this Act, shall, without incurring any criminal liability for delay in the delivery
of detained persons to proper judicial authorities, deliver said suspected person to the proper
judicial authority within a period of fourteen (14) calendar days counted from the moment the
said suspected person has been apprehended or arrested, detained, and taken into custody by
the law enforcement agent or military personnel. The period of detention may be extended to
a maximum period of ten (10) calendar days if it is established that (1) further detention of the
person/s is necessary to preserve evidence related to terrorism or complete investigation; (2)
further detention of the person/s is necessary to prevent another commission of terrorism; and
(3) the investigation is being conducted properly and without delay.
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The head of the detaining facility shall ensure that the detained suspect is informed of his/her
rights as a detainee and shall ensure access to the detainee by his/her counsel or agencies and
entities authorized by law to exercise visitorial powers over detention facilities.
The penalty of imprisonment of ten (10) years shall be imposed upon the police or law
enforcement agency or military personnel who fails to notify any judge provided in the
preceding paragraph.
Request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC after determination that
the proposed designee meets the criteria for designation of UNSCR No. 1373.
The ATC may designate an individual, group of persons, organization, or association, whether domestic or foreign, upon finding of
probable cause that the individual, groups of persons, organization, or association, commit, or attempt to commit, or conspire in the
commission of the acrs defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act.
The assets of the designated individual, groups of persons, organization or association above-mentioned shall be subject to the
authority of the Anti-Money Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No. 10168.
The designation shall be without prejudice to the proscription of terrorist organizations, associations, or groups of persons under
Section 26 of this Act.
62
Sec. 5, Rule 113. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
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(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest
police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.
63
Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
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affirmative maintained that the fine of Five Hundred Thousand Pesos (PhP500,000.00) to
be imposed against the law enforcement agent or military personnel for wrongful arrest
under the Human Security Act was found to be exorbitant.
ANTI-TERRORISM COUNCIL
An Anti-Terrorism Council, hereinafter referred to, for brevity, as the "Council," is hereby
created. The members of the Council are: (1) the Executive Secretary, who shall be its
Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary
of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and
Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its
other members.
The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to such
security classifications as the Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the Republic, and the welfare of the nation.
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of
witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by
a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a
statute which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil
action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of
evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code
or other penal statute.
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The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the
Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces
of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational
Crime, and the Philippine National Police intelligence and investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective
anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the
country and to protect the people from acts of terrorism. Nothing herein shall be interpreted to
empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or
authority.64
64
Sec. 53, RA 9372
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to commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the
Anti-Money Laundering Act of 2001, as amended;
(6) Grant monetary rewards and other incentives to informers who give vital information
leading to the apprehension, arrest, detention, prosecution, and conviction of person or
persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
(7) Establish and maintain coordination with and the cooperation and assistance of other
nations in the struggle against international terrorism; and
(8) Request the Supreme Court to designate specific divisions of the Court of Appeals and
Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be,
to handle all cases involving the crime of terrorism or conspiracy to commit terrorism
and all matters incident to said crimes. The Secretary of Justice shall assign a team of
prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in
Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to
handle cases filed in Cagayan de Oro City.65
65
Sec. 54, RA 9372
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66
G.R. No. 178552, October 5, 2010
67
Southern Hemisphere Engagement Network, et al v. Anti-Terrorism Council, et al, G.R. No. 178552, October 5, 2010
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decide on it provided that (1) there was a grave violation of the Constitution; (2) the
exceptional characteristic of the situation and the paramount public interest is involved;
(3) when the constitutional question raised requires formulation of controlling principles
to guide the bench, the bar, and the public; and (4) the case is capable of repetition yet
evading review.68
Legal standing or locus standi refers to a party’s Locus standi is defined as "a right of appearance in
personal and substantial interest in a case, arising a court of justice on a given question." In private
from the direct injury it has sustained or will suits, standing is governed by the "real-parties-in
sustain as a result of the challenged governmental interest" rule as contained in Sec. 2, Rule 3 of the
action. Legal standing calls for more than just a 1997 Rules of Civil Procedure, which provides that
generalized grievance. The term interest means a "every action must be prosecuted or defended in
material interest, an interest in issue affected by the name of the real party in interest."
governmental action, as distinguished from mere Accordingly, the "real-party-in interest" is "the
interest in the question involved, or a mere party who stands to be benefited or injured by the
incidental interest.69 judgment in the suit or the party entitled to the
avails of the suit".70
68
Concurring and Dissenting Opinion of Justice Briones in the case of Province of North Cotabato v. Government of the Republic of
the Philippines, G.R. No. 183591, October 14, 2008
69
CREBA v. Energy Regulatory Commission, G.R. No. 174697, July 8, 2010
70
Biraogo v. The Philippine Truth Commission of 2010, G.R. No. 192935, December 7, 2010
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upon its discretion, determine the time when the question raised involves the
constitutionality of the statute should be presented; and jurisdiction over the subject
matter is conferred by law; the question of lack of jurisdiction may be raised at any time.
71
Garcia v. Executive Secretary, G.R. No. 157584, April 2, 2009
72
Conte v. COA, G.R. No. G.R. No. 116422, November 4, 1996
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Despite the numerous petitions filed before the Supreme Court, it is not up to the people
to declare the Anti-Terrorism Law as an unconstitutional statute. Such a declaration of
unconstitutionality is within the province of the Supreme Court.
IV. Laws
The following are the relevant laws passed by the State’s legislatorial body to combat or
suppress terrorism in the country.
Anti-Money Laundering Act of 2001 (RA Philippine Congress October 17, 2001
9160)
An Act Amending RA 9160 (RA 9194) Philippine Congress March 23, 2003
Human Security Act of 2007 (RA 9372) Philippine Congress July 20, 2007
Anti-Terrorism Act of 2020 (RA 11479) Philippine Congress July 18, 2020
V. Conclusion
Although the Anti-Terrorism Act seems to be constitutionally infirmed, it cannot be said
that this law indeed suffers from certain constitutional infirmities because it is in the hands the
Supreme Court whether this law is unconstitutional or otherwise. We can freely express our
opinion on the constitutional validity of the law, but our opinion, no matter how
well-constructed and substantiated, has no bearing and cannot invalidate a statute. Statutes are
presumed to be constitutionally valid until overthrown.
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