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Legal Research (Final Term)

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LEGAL RESEARCH

A.Y. 2020–2021, First Semester


Arellano University School of Law

Submitted to:
DR. JOSE TEODORICO V. MOLINA
CPA-Economist-Legal Practitioner
Professorial Lecturer

Prepared and Submitted by:


MARIA WESTPHALIA B. GOZON
2019-0518
LEGAL RESEARCH ARELLANO UNIVERSITY
Prepared and submitted by Maria Westphalia B. Gozon SCHOOL OF LAW


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

INTER-AGENCY TASK FORCE ON EMERGING INFECTIOUS DISEASES………….…...... 3

I. Introduction…………………………………………………………………………………...…… 3

II. Objective………………..……………………………………………………………….……...… 3

III. Bibliographical Review……………………………………………..……………………...…… 4

IV. Laws……..………………………………………………………………………………..….…… 25

V. Conclusion………………………………………………………………………………..….….... 26

ANTI-TERRORISM ACT OF 2020………………....………………....………………....………. 27

I. Introduction…………………………………………………………………………………..…… 27

II. Objective………………..……………………………………………………………….……...… 27

III. Bibliographical Review……………………………………………..……………………..…… 28

IV. Laws……..……………………………………………………………………………………..… 43

V. Conclusion………………………………………………………………………………………... 43

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LEGAL RESEARCH ARELLANO UNIVERSITY
Prepared and submitted by Maria Westphalia B. Gozon SCHOOL OF LAW

INTER-AGENCY TASK FORCE ON EMERGING


INFECTIOUS DISEASES
I. Introduction
The world is in shambles as the number of confirmed cases of SARS-CoV-2, also known
as the coronavirus disease 2019 (COVID-19), skyrocketed from zero to sixty-six (66) million across
the world. The spike of COVID-19 all over the corners of the globe impelled countries to impose
lockdown measures. People are now obliged to stay indoors, practice social distancing, and
promote hygiene to combat the infectious disease. Countries like South Korea1 and Vietnam2
conducted mass testing3, while other countries discounted the necessity of mass testing and
implemented stringent quarantine protocols instead. Moreover, the global economy is at risk as
governments are torn between prioritizing the lives of their people and the economic condition
of the countries they govern.4

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.

III. Bibliographical Review


Before discussing the nature, the functions, and the legal personality of the IATF-EID, it
is necessary to discuss the nature of COVID-19 and how this virus is different from
SARS-associated coronavirus (SARS-CoV) for the purpose of helping us to identify the intrinsic
linkage between the said task force and the coronavirus outbreak.

SPORADIC, ENDEMIC, EPIDEMIC, AND PANDEMIC


Below is the table displaying the difference between the four (4) categories of diseases as
to their geographical range and duration.7

SPORADIC ENDEMIC EPIDEMIC PANDEMIC

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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Examples Examples of For example, Influenza is a For example,


sporadic diseases malaria is endemic good example of a HIV/AIDS is a
include tetanus, to some regions of commonly pandemic disease
rabies, and plague. Brazil but is not epidemic disease. and novel
endemic to the Incidence patterns influenza virus
United States. of influenza tend strains often
to rise each winter become pandemic.
in the northern
hemisphere.

Apparently, COVID-19 falls under the category of a pandemic disease.

CORONAVIRUS DISEASE 2019 (COVID-19)


COVID-19 is an infectious disease caused by a newly discovered coronavirus. Most people
infected with the COVID-19 virus will experience mild to moderate respiratory illness and
recover without requiring special treatment. Older people and those with underlying medical
problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more
likely to develop serious illness. The COVID-19 virus spreads primarily through droplets of saliva
or discharge from the nose when an infected person coughs or sneezes, so it’s important that you
also practice respiratory etiquette (for example, by coughing into a flexed elbow).8

COVID-19 SYMPTOMS
COVID-19 affects different people in different ways. Most infected people will develop
mild to moderate illness and recover without hospitalization.

MOST COMMON LESS COMMON SERIOUS


SYMPTOMS SYMPTOMS SYMPTOMS

❏ Fever ❏ Aches and pains ❏ Difficulty breathing or


❏ Dry cough ❏ Sore throat shortness of breath
❏ Tiredness ❏ Diarrhoea ❏ Chest pain or pressure
❏ Conjunctivitis ❏ Loss of speech or
❏ Headache movement
❏ Loss of taste or smell
❏ A rash on skin, or
discolouration of fingers
or toes

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

CORONAVIRUS AROUND THE GLOBE


The virus was first detected in the city of Wuhan, China, in late 2019. The outbreak
spread quickly across the globe in the first months of 2020 and declared a global pandemic by the
WHO on 11 March 2020.10 Coronavirus is continuing its spread across the world with 75 million
confirmed cases in 190 countries and nearly two million deaths. The virus is surging in many
regions and countries that had apparent success in suppressing initial outbreaks are also seeing
infections rise again.11

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

US has most cases and deaths


The US has recorded nearly 20 million cases and more than 300,000 deaths from
coronavirus, the highest figures in the world. Daily cases have been at record levels since early
November and there are over 100,000 people in hospital, more than in either of the two previous
waves.13 The outbreak has had a devastating impact on the US economy. Nearly eight million

12
Id.
13
Id.

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Americans, many of them children and minorities, have fallen into poverty since May, according
to researchers14.

Europe braces for winter


Daily cases had fallen in many European countries during November after some steep
rises in October. But in December, cases have once again begun to rise in several countries,
including France, Germany and the UK. Lockdowns and other restrictions have been
reintroduced in some of the worst-affected regions to help bring numbers down. Many countries
have placed temporary bans on arrivals from the UK, because of concerns about the spread of a
new variant of coronavirus, which may have led to a rise in cases in parts of the country.15

Where else has seen high cases?


Asia was the centre of the initial outbreak, but the number of cases there was relatively
low until India saw a surge in infections over the summer. India has recorded 10 million
confirmed cases, the second-highest official total in the world after the US, but the daily number
has been falling since September.
In Latin America, Brazil has more than seven million confirmed cases and the world's
second highest death toll. The country is currently seeing a second surge in infections.
Argentina, Colombia and Mexico have also recorded more than one million cases and all three
countries are still seeing very high numbers of daily confirmed cases.16

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

CORONAVIRUS IN THE PHILIPPINES


The Philippines has been placed in lockdown for nine (9) months. On March 12, 2020,
President Rodrigo R. Duterte announced that a partial lockdown was to be imposed on Metro
Manila beginning on March 15, 2020.18 In a press conference, Health Secretary Francisco Duque

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

RULE OF LAW IN THE TIME OF COVID-19: THE PHILIPPINES


As in other contexts, the COVID-19 outbreak in the Philippines risks exacerbating
systemic challenges already faced by vulnerable groups. These challenges include prison
overcrowding, case backlog in the justice system, unequal access to health care and social
services, ongoing conflict, and corruption. With more than half of its 110 million population
living in the Luzon region, including Metro Manila, implementation of Enhanced Community
Quarantine (ECQ) regulations, including strict curfew, police-military checkpoints and pass
system, cancellation of public transportation, and closure of most industries and government
services, has negatively impacted women and low-income workers in particular. Initial
challenges with testing, hospital capacity, and underlying health concerns already present in the
country further contributed to the impact of the pandemic.20

Impact of COVID-19 on the justice system

I. Department of Justice National Prosecution Service


During the ECQ, offices of the Department of Justice (DOJ) and National Prosecution
Service (NPS) across the Luzon region and much of the Philippines were closed and operating
only with skeleton staff. Preliminary investigation hearings, case conferences, meetings and
training scheduled during the period were cancelled. Assigned prosecutors were tasked to receive
complaint affidavits, counter affidavits and other papers relating to preliminary investigations
and administering oaths. All inquest proceedings were ordered to proceed with task force heads
instructed to ensure the attendance of inquest prosecutors and necessary support staff. Many

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

IV. Civil society and access to justice


Upon announcement of the ECQ, civil society organizations, including
non-governmental organizations (NGOs), universities, and bar associations, all turned to remote
working and online learning. Although they faced challenges in implementing their missions
and mandates, the crisis has also provided opportunities to help those most in need.
NGOs found ways to utilize technology to engage with impacted communities through
online platforms and hotlines. Urgent needs quickly materialized around sexual and

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

INTER-AGENCY TASK FORCE ON EMERGING INFECTIOUS DISEASES


Due to the severity of the coronavirus situation in the Philippines, numerous resolutions
placing certain areas in the country under lockdown were passed by the Inter-Agency Task Force
on Emerging Infectious Diseases (IATF-EID).
The State shall protect and promote the right to health of the people and instill health
consciousness among them.27 The State is responsible for the protection and the promotion of
the people’s right to health. This is a constitutional mandate which the State cannot blatantly
disregard. The State, as parens patriae28, should not neglect its duty to do so. Thus, the

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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Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID), pursuant to Executive


Order (EO) No. 168,29 was created to establish preparedness and ensure efficient government
response to assess, monitor, contain, control, and prevent the spread of any potential epidemic in
the Philippines.

Creation and Composition of the IATF


The Task Force on Emerging Infectious Diseases (EID), hereinafter referred to as the
“Task Force,” is hereby created, to be composed of representatives from the following:

CHAIRPERSON Department of Health (DOH)

MEMBERS Department of Foreign Affairs (DFA)

Department of the Interior and Local Government (DILG)

Department of Justice (DOJ)

Department of Labor and Employment (DOLE)

Department of Tourism (DOT)

Department of Transportation and Communications (DOTC)


The Task Force may call upon any department, bureau, office, agency or instrumentality
of the government, including Government-Owned or –Controlled Corporations (GOCCs),
government financial institutions (GFIs), local government units (LGUs), non-government

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

Functions of the IATF


The Task Force shall have the following functions:
(a) Establish a system to identify, screen, and assist Filipinos suspected or confirmed
to be infected with EID;
(b) Prevent and/or minimize the entry of suspected or confirmed patients with EID
into the country. This should include rigid screening and identification of EID
suspects, and the institutionalization of a surveillance, alert, and quarantine
system in all ports of entry;
(c) Prevent and/or minimize the local spread of EID in the country through the
establishment or reinforcement of a system in screening possible patients infected
with EID, contact tracing, identification of the mode of exposure to the virus, and
implementation of effective quarantine and proper isolation procedures;
(d) Prevent and/or minimize mortality through effective clinical management by
capacitating healthcare facilities, government and private medical practitioners,
healthcare workers, and-public safety enforcers;
(e) Educate the public on EID and its prevention, control and management to
promote positive health behaviors, and address public fear and anxiety through
the conduct of a nationwide EID awareness campaign;

30
Sec. 1, EO 168

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(f) Adopt measures to strengthen the Emerging and Re-Emerging Infectious


Diseases Program of the DOH or its equivalent in other local health units;
(g) Notify the WHO of the EID cases in the country and its assessment of the EID
situation;
(h) Submit to the Office of the President regular status reports in the monitoring of
EID;
(i) Formulate, develop, implement, and oversee the EID Preparedness Manual for
the prevention and control of EID; and
(j) Perform such other functions and activities as may be necessary to carry out the
provisions of this Order, or as the President may direct.31

Development of EID Preparedness Manual


A comprehensive and sustainable EID Preparedness Manual shall be formulated and
developed in order to address government response and protocol in managing EID cases. The
manual shall include but not be limited to the following:
(a) Quarantine and immediate containment of EID within ports of entry;
(b) Epidemiological investigation and contact tracing;
(c) Treatment of infected cases and containment of affected areas;
(d) Formulation of a risk communication plan and EID materials for the general
public; and
(e) Respective responsibilities of government agencies/instrumentalities.32

Funding of the IATF


The member-agencies of the Task Force are authorized to charge against their current
appropriations such amounts as may be necessary for the implementation of this Order.
Subsequent funding requirements shall be incorporated in the annual budget proposals of the
respective member-agencies through the General Appropriations Act. Additional funds and

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.

EMERGING INFECTIOUS DISEASES IN THE PHILIPPINES


There are numerous diseases which are mentioned in the ‘Whereas’ clauses of EO 168.
Listed below are the acknowledged infections and diseases which are potential health threats to
the public not only by the Philippines but also by the global community.
❏ Severe Acute Respiratory Syndrome (SARS)33
❏ Avian Influenza34
❏ Ebola35

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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❏ Middle East Respiratory Syndrome Coronavirus (MERS-CoV)36


❏ Meningococcemia37
❏ Leptospirosis38
❏ Antimicrobial Resistance of Tuberculosis39
❏ Other bacterial, viral and parasitic diseases that contribute to the high incidence
of infectious diseases in the country

Difference between bacteria, viruses, fungi, and parasites


With the exception of newly discovered prions, viruses are the smallest agents of
infectious disease. Most viruses are exceedingly small (about 20–200 nanometers in diameter) and
essentially round in shape. They consist of little more than a small piece of genetic material
surrounded by a thin protein coating. Some viruses are also surrounded by a thin, fatty envelope.
Viruses are different from all other infectious microorganisms because they are the only group of

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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pneumonia. Fungal diseases are particularly dangerous to immunocompromised people, such as


those suffering from AIDS.43

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

Modified General Community Quarantine (MGCQ)


Modified GCQ means “permissive socio-economic activities with minimum public health
standards.” Based on this setup, the strict travel restrictions and limited movement imposed
under ECQ would be partially lifted to graduate into modified ECQ. In all these phases, Filipinos
are still required to follow IATF-EID’s minimum public health standards against COVID-19.
These guidelines include wearing of masks, frequent sanitation, avoidance in touching of face
and surfaces, markers placed in public spaces, social distancing, and testing.45

Modified Enhanced Community Quarantine (MECQ)


Residents are still ordered to stay at home. However, some work and leisure activities are
allowed if they follow strict health protocols as mentioned earlier. Aside from being allowed to
leave to avail of basic goods and services, residents may also go out for limited outdoor exercises
such as walking, jogging, running, and biking. Mass gatherings involving up to five persons are

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

General Community Quarantine (GCQ)


Only Filipinos who are vulnerable to get infected by COVID-19 and transmitters are
required to stay at home. Limited types of sports that need close contact with players such as golf
and tennis are allowed. Mass gatherings are restricted to ten people. Schools will only operate
under a skeletal workforce.47
All types of public transportation are still banned in areas under modified ECQ. Only
public shuttles for health workers and frontliners are allowed. For private vehicles,
company-owned or rented shuttles would be allowed, if they secure special permits from the
Land Transportation Franchising and Regulatory Board. They should also only carry 50% of the
vehicle’s capacity. Personal private cars are still allowed but should observe a two-person per row
rule. Bicycles, motorcycles, and electronic scooters are also allowed under this measure but
should only carry one person per ride. When areas graduate to GCQ, all types of public and
private transportation will be allowed but capacities should remain limited.48

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.

TITLE AUTHOR DATE OF EFFECTIVITY

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

Bayanihan to Recover as One Act/Bayanihan Philippine Congress 11 September 2020


2 (RA 11494)

Bills passed by the Philippine Congress


The Philippine Congress deemed it wise and necessary to pass bills not only intended to
put an end to COVID-19 but also intended for people and businesses to cope up with the “new
normal” engendered by the said pandemic.

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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Bill No. 1357) incentives.55

Other relevant legal provisions


❏ Sec. 15, Art. II, 1987 Constitution
The State shall protect and promote the right to health of the people and instill
health consciousness among them.
❏ Sec. 2, Chapter 1, Title IX, Book IV, Administrative Code of 1987
The primary function of the Department of Health (DOH) is the promotion,
protection, preservation or restoration of the health of the people through the provision
and delivery of health services and through the regulation and encouragement of
providers of health goods and services.

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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ANTI-TERRORISM ACT OF 2020

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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III. Bibliographical Review


Terrorism is not only a domestic concern but also a major concern in the international
community. Terrorism. activities have undesirable ramifications. The potential effects on victims
of terrorism can be devastating and multiple; it may be experienced at many interrelated levels -
individually, collectively and societally. From a victimological perspective, there are three circles
of 'personal victimization' which are determined in accordance with their proximity to the direct
victim: " primary or first order victimization, experienced by those who suffer harm directly,
whether it is injury, loss or death; secondary or second order victimization, experienced by
family members, relatives or friends of primary victims; and tertiary or third order victimization,
experienced by those who observe the victimization, are exposed to it through TV or radio
coverage of the victimization, or help and attend to victims".58 Because terrorism is
jeopardizingly impactful, it is essential to discuss about it and how states deal with it.

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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intimidation the government or any international organization, or seriously destabilize or


destroy the fundamental political, economic, or social structures of the country, or create a
public emergency or seriously undermine public safety. This is the exact definition of terrorism
under the Anti-Terrorism Act.

SALIENT FEATURES OF RA 11479


The Act defines and penalizes the following crimes, among others.59

PUNISHABLE ACT PENALTY

TERRORISM Life imprisonment without the


Commission of any of the following acts: benefit of parole
❏ engages in acts intended to cause death or serious
bodily injury to any person or endangers a person’s
life;
❏ engages in acts intended to cause extensive damage or
destruction to a government or public facility, public
place, or private property;
❏ engages in acts intended to cause extensive
interference with, damage, or destruction to critical
infrastructure;
❏ develops, manufactures, possesses, acquires,
transports, supplies, or uses weapons explosives or of
biological, nuclear, radiological or chemical weapons;
and
❏ release 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 intimidation the government or any international
organisation, or seriously destabilise or destroy the
fundamental, political, economic, or social structures of the
country, or create a public emergency or seriously undermine
public safety.

CONSPIRACY TO COMMIT TERRORISM Life imprisonment without the


benefit of parole

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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RECRUITMENT TO A TERRORIST ORGANIZATION Life imprisonment without the


benefit of parole

MEMBERSHIP IN A TERRORIST ORGANIZATION 12 years imprisonment

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

THREAT TO COMMIT TERRORISM 12 years imprisonment

PROPOSAL OR INCITING TO COMMIT TERRORISM 12 years imprisonment

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.

ASSAILED PROVISIONS OF RA 11479


In case the Anti-Terrorism Act is declared to be an unconstitutional statute by the
Supreme Court, the remainder of the above-mentioned law will not be affected because of its
separability clause. Generally, when a statute is declared to be unconstitutional, its remaining
provisions are unaffected. An exception to this rule is when the remainder of the statute is
intrinsically linked to the provision/s which is/are declared constitutionally invalid — intrinsically
linked in the sense that the remaining provisions cannot stand without the provisions which are
struck down by the Court.
The provisions which are deemed unconstitutional by the opposition are discussed in
detail below. For the purpose of maintaining neutrality and tackling the issue at hand objectively,
the legal viewpoints of both the opposition and the affirmative are herein included.

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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(e) Release 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
intimidation the government or any international organization, or seriously destabilize or
destroy the fundamental political, economic, or social structures of the country, or create a
public emergency or seriously undermine public safety, shall be guilty of committing of
terrorism and shall suffer the penalty of life imprisonment without the benefit of parole and
the benefits of Republic Act No. 10592, otherwise known as “An Act Amending Articles 29, 94,
97, 98 and 99 of Act No. 3815, as amended, otherwise known as the Revised Penal Code”:
Provided, That, terrorism, as defined in this section shall not include advocacy, protest, dissent,
stoppage of work, industrial or mass action, and other similar exercises of civil and political
rights, 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.

Contention of the Affirmative


❏ ON PREDICATE CRIMES. The element of the predicate crime/s (condition precedent)
of terrorism must be first met, and proving such elements is difficult. Hence, for the
purpose of easier implementation of the law, it was deemed wise to broaden the definition
of terrorism.

Rebuttal of the Opposition


❏ ON PREDICATE CRIMES. The predicate crimes of terrorism are well-defined under the
Human Security Act. In the Anti-Terrorism Act, however, such predicate crimes
enumerated in the Human Security Act seemed to have changed into inchoate offenses.
Meaning to say, an individual who has not yet committed terrorism but only intends to
do so in the eyes of the law enforcement agent or military personnel, may be arrested.

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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Sec. 25. Designation of Terrorist Individuals, Groups of Persons, Organizations or Associations. —


Pursuant to our obligations under United Nations Security Council Resolution (UNSCR) No.
1373, the ATC shall automatically adopt the United Nations Consolidated List of designated
individuals, group of persons, organizations, or associations designated and/or identified as a
terrorist, one who finances terrorism, or a terrorist organization or group.

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 acts 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.

Contention of the Opposition


❏ ON FREEZING OF ASSETS. The freezing of the assets of the designated individual or
organization to be performed by the AMLC is tantamount to taking of property without
due process of law. The Constitution is clear that no person shall be deprived of life,
liberty, or property without due process of law, nor shall any person be denied the equal
protection of the laws.

Rebuttal of the Affirmative


❏ ON THE FREEZING OF ASSETS. The Anti-Money Laundering Council (AMLC)
merely notifies the Anti-Terrorism Council to look into the assets of those designated as
terrorists. Meaning to say, those designated as terrorists are only included in the AMLC’s
watchlist. The assets of those designated as terrorists are not automatically frozen. The

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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.

Immediately after taking custody of a person suspected of committing terrorism or any


member of a group of persons, organization or association proscribed under Section 26 hereof,
the law enforcement agent or military personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest of the following facts: (a) the time, date, and
manner of arrest; (b) the location or locations of the detained suspect/s; and (c) the physical
and mental condition of the detained suspect/s. The law enforcement agent or military
personnel shall likewise furnish the ATC and the Commission on Human Rights (CHR) of the
written notice given to the judge.

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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.

Contention of the Opposition


❏ ON THE POWER TO ORDER ARREST OF INDIVIDUALS. This provision is said to be
constitutionally infirmed because the Anti-Terrorism Council (ATC) is given the
authority to order arrest of individuals suspected of committing terrorism. However,
under the Constitution, the power to order the arrest of individuals is exclusively vested to
the courts. Moreover, this provision taken in conjunction with Section 2561 gives the ATC
the power to designate ex parte an individual or an organization to be terrorists without
any hearing and on mere probable cause.

Rebuttal of the Affirmative


❏ ON THE POWER TO ORDER ARREST OF INDIVIDUALS. Section 29 refers to
warrantless arrests allowed under Rule 113 of the Rules of Court62.
61
Sec. 25. Designation of Terrorist Individuals, Groups of Persons, Organizations or Associations. — Pursuant to our obligations under
United Nations Security Council Resolution (UNSCR) No. 1373, the ATC shall automatically adopt the United Nations Consolidated
List of designated individuals, group of persons, organizations, or associations designated and/or identified as a terrorist, one who
finances terrorism, or a terrorist organization or group.

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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Counter-argument of the Opposition


❏ ON THE POWER TO ORDER ARREST OF INDIVIDUALS. Rule 113 of the Rules of
Courts enumerates the instances wherein warrantless arrests are lawful; therefore, Section
29 is not a necessary provision. Since the said Rule provides for such instances, there is no
need for the law enforcement agent or military personnel to procure a written
authorization from the ATC. Additionally, a person who is suspected committing
terrorism can be detained. The enumerated instances in the said Rule refers to person/s
actually committing a crime. Under RA 11479, the person, not actually committing
terrorism but merely suspected committing terrorism, may be arrested by a law
enforcement agent or military personnel.
The safeguard, which is the penalty of ten (10) years of imprisonment, from the
possible abuse of discretion on the part of the law enforcement agent or military
personnel is only for the failure to notify the judge of such detention, not for the
wrongful arrest. Thus, this leaves the law enforcement agent or military personnel the
unbridled discretion to arrest individuals or organizations whom they suspect to commit
terrorism. Without a penalty for such a wrongful arrest, these enforcers will not be held
criminally liable but only civilly liable under Article 3263 of the New Civil Code. The

(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

Functions of the Council


In pursuit of its mandate in the previous Section, the Council shall have the following
functions with due regard for the rights of the people as mandated by the Constitution and
pertinent laws:
(1) Formulate and adopt plans, programs and counter-measures against terrorists and acts of
terrorism in the country;
(2) Coordinate all national efforts to suppress and eradicate acts of terrorism in the country
and mobilize the entire nation against terrorism prescribed in this Act;
(3) Direct the speedy investigation and prosecution of all persons accused or detained for the
crime of terrorism or conspiracy to commit terrorism and other offenses punishable
under this Act, and monitor the progress of their cases;
(4) Establish and maintain comprehensive data-base information system on terrorism,
terrorist activities, and counter-terrorism operations;
(5) Freeze the funds property, bank deposits, placements, trust accounts, assets and records
belonging to a person suspected of or charged with the crime of terrorism or conspiracy

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

PETITIONS QUESTIONING THE CONSTITUTIONALITY OF RA 11479


Listed below are the petitions assailing the constitutional validity of the Anti-Terrorism
Act of 2020 according the list of the Public Information Office of the Supreme Court.
❏ Howard Calleja, et al v. Executive Secretary, et al (G.R. No. 252578)
❏ Edcel Lagman v. Salvador Medialdea, et al (G.R. No. 252579)
❏ Melencio Sta. Maria, et al v. Salvador Medialdea, et al (G.R. No. 252580)
❏ Isagani Zarate, et al v. Rodrigo Duterte, et al (G.R. No. 252585)
❏ Rudolf Jurado v. Anti-Terrorism Council, et al (G.R. No. 252613)
❏ CTUHR, et al v. Rodrigo Duterte, et al (G.R. No. 252623)
❏ Christian Monsod, et al v. Salvador Medialdea, et al (G.R. No. 252624)
❏ SANLAKAS v. Rodrigo Duterte, et al (G.R. No. 252646)
❏ Federation of Free Workers, et al v. Office of the President, et al (G.R. No. 252702)
❏ Jose Ferrer, Jr. v. Salvador Medialdea, et al (G.R. No. 252726)

65
Sec. 54, RA 9372

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❏ Bagong Alyansang Makabayan (Bayan), et al v. Rodrigo Duterte, et al (G.R. No.


252733)
❏ Antonio Carpio, et al v. Anti-Terrorism Council, et al (G.R. No. 252736)
❏ Ma Ceres Doyo, et al v. Salvador Medialdea, et al (G.R. No. 252741)
❏ National Union of Journalist, et al v. Anti-Terrorism Council, et al (G.R. No.
252747)
❏ Kabataang Tagapagtanggol ng Karapatan, et al v. Executive Secretary (G.R. No.
252755)
❏ Algamar Latiph, et al v. Senate, et al (G.R. No. 252759)

Requisites of Judicial Inquiry


Since several petitions assailing the constitutional validity of RA 11479 have been filed
before the Supreme Court, it is noteworthy to discuss the requisites of judicial inquiry to help us
determine whether these petitions would possibly be granted by the highest tribunal.
Backtracking a little, in the case of Southern Hemisphere Engagement Network, et al v.
Anti-Terrorism Council, et al66, the constitutionality of the Human Security Act was questioned.
Several petitions were also filed, but these petitions were dismissed on technical grounds. The
petitioners have established neither an actual charge nor a credible threat of prosecution under
RA 9372. Even a limited vagueness analysis of the assailed definition of "terrorism" is thus legally
impermissible. The Court reminds litigants that judicial power neither contemplates speculative
counseling on a statute's future effect on hypothetical scenarios nor allows the courts to be used as an
extension of a failed legislative lobbying in Congress.67

(1) ACTUAL CASE OR CONTROVERSY


The controversy must be a substantial controversy and not merely a dispute
which is hypothetical in character. It should be decided on the basis of an existing law
and prevailing jurisprudence. As a general rule, courts will dismiss cases which are moot
and academic. However, despite the fact that the case is moot and academic, courts will

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

(2) PROPER PARTY


It is the one who sustained or is in immediate danger of sustaining an injury as a
result of the act complained of. A person who impugns the validity of a statute must have
a personal and substantial interest in the case on the ground that he has sustained or will
sustain direct injury as a result.

LEGAL STANDING in LOCUS STANDI in


CONSTITUTIONAL LAW REMEDIAL LAW

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

(3) QUESTION OF CONSTITUTIONALITY RAISED AT THE EARLIEST POSSIBLE


OPPORTUNITY
The question of constitutionality must be raised at the earliest possible
opportunity so it may ordinarily be raised at the trial if not raised by the pleadings and it
will not be considered an appeal if not raised in the trial court. However, the court may,

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.

(4) DECISION OF THE CONSTITUTIONAL QUESTION BE NECESSARY TO THE


DETERMINATION OF THE CASE ITSELF
Lis Mota – the fourth requirement to satisfy before this Court will undertake
judicial review – means that the Court will not pass upon a question of
unconstitutionality, although properly presented, if the case can be disposed of on some
other ground, such as the application of the statute or the general law.71

IMPLEMENTING RULES AND REGULATIONS OF RA 11479


Researcher’s View: There are some people who contend that the defects of RA 11479 can be cured by
Implementing Rules and Regulations (IRR). This idea may sound noble, but to my mind, it is
erroneous. It is a rudimentary rule that a defective statute cannot be cured by Implementing Rules and
Regulations (IRR). In case of conflict between a statute and an administrative order, the former must
prevail. A rule or regulation must conform to and be consistent with the provisions of the enabling
statute in order for such rule or regulation to be valid. The rule-making power of a public
administrative body is a delegated legislative power which may not be used either to abridge the
authority given it by the Congress or the Constitution or to enlarge its power beyond the scope
intended. Constitutional and statutory provisions control with respect to what rules and regulations
may be promulgated by such a body, as well as with respect to what fields are subject to regulation by
it. It may not make rules and regulations which are inconsistent with the provisions of the Constitution
or a statute, particularly the statute it is administering or which created it, or which are in derogation
of, or defeat, the purpose of a statute.72

SUPREME COURT: THE FINAL ARBITER

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.

TITLE AUTHOR DATE OF EFFECTIVITY

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

Terrorism Financing Prevention and Philippine Congress July 2, 2012


Suppression Act (RA 10168)

An Act to Further Strengthen the Philippine Congress July 12, 2012


Anti-Money Laundering Law, amending
Sections 10 and 11 of RA 9160 (RA 10167)

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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