On the Anti-Terrorism Law
Dear Your Honors, Justices of the Supreme Court,
We, members and networks of the National Clergy Discernment Group (NCDG), a group of Catholic priests and religious spread all over the Philippines, express our solidarity with our brothers and sisters of different faith-traditions and secular movements in opposing the Anti-Terrorism Act of 2020, also known as Republic Act No. 11479. In so opposing, we add our reasoned conviction to these voices that urge you, members of the Supreme Court of the Philippines, to declare the unconstitutionality of R.A. 11479.
1. Terrorism and Acts of Terror do not exist as a national reality in the Philippines, notwithstanding the very broad definition of Terrorism in the R.A. 11479. If there are identified terrorists doing acts of terror, as identified by other Nation-States and the United Nations, in the Philippines, then these could only be a limited one confined to some small areas in Mindanao. One cannot make a law for the whole for the sake of a tiny exception. One cannot make a law for a non-existent phenomenon.
2. R.A. 11479 in fact, by broadening the definition of Terrorism and its Terrorist Acts, creates and conjures Terrorism and Terrorist Acts. Notwithstanding its expressed exemptions of Terrorism in Sec. 4 of this Terror Law, still this exceptionalism can be curtailed, denied and suppressed under the same provisions of Sec. 4. The inconveniences created by advocacies and protest actions in various forms could be construed as acts intended to cause death, damage to public facility, interference with critical infrastructure, even with the use of weapons and inducing calamities. Experience from the period of Martial Law and the Dictatorship until now must teach us a lesson: the imprisonment, disappearances and deaths of many workers for change, peace-builders, ecological advocates and human rights defenders continue to occur, as committed by the State security forces and the clandestine Death Squads with impunity.
3. The Anti-Terrorism Council created by R.A. 11479 is at the heart of our opposition. Notwithstanding the many so-called safeguards and legal procedures which, experience continue to show, have been constantly violated by those who are supposed to enforce them, the ATC exists as plenipotentiary body with the powers of the surveillance and intelligence team, the police and the military enforcer, the prosecutor and the judge, the jailer and the punisher – all at the same time.
4. Already before as now, R.A. 11479 legitimizes the terror experienced by the people at the hand of the State, its Security Forces and the Death Squads. Pointing at the Communist Party of the Philippines – the New People’s Army – the National Democratic Front of the Philippines as terrorist enemies of the State, the military and police have lumped all legal, non-combatant and unarmed members of the National Democratic Movement as conspirators with the CPP-NPA-NDFP that seek the overthrow of the State. In the guise of containing terrorist acts, they massacred the Tumandok tribes defending their ancestral land, massacred peasants crying out for land reform, jailed workers demanding just family wage, assassinated peace negotiators and human rights and ecological defenders, bombed the farms of the Lumad and closed their schools to throw them out of their land and to make them docile uncritical slaves of mining, logging and plantation companies. And now, the red-tagging is obscenely led by the elements of the military and police, targeting the universities and schools, isolating their members for the kill, and in order to turn the bastion of critical thinking, the free laboratory of new ideas and the cultural arena of actions for freedom into prisons of submission and unfreedom. Soon all types of opposition, critical thinking and movement for change will be classified as Terrorism and Terrorist Acts.
And so today, we ask you to invoke the Wisdom of History. “First they came for the Communists, and I did not speak out because I was not a Communist; they came for Socialists, and I did not speak out, because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out, because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out, because I was not a Jew. Then they came for me, and there was no one left to speak for me.” – Pastor Martin Niemoeller. “When I give food to the poor, they call me a saint. When I ask why the poor have no food they call me a communist.” – Dom Helder Camara. “
The Spirit of the Lord is upon me, because he has anointed me to preach the good news to the poor. He has sent me to proclaim release to the captives and recovering of sight to the blind, to set at liberty those who are oppressed, to proclaim the acceptable year of the Lord.” – Jesus Christ, Luke 4:18-19.
Please, declare R.A. 11479, The Anti-Terror Act of 2020 unconstitutional. Now.
Signatories:
Most Reverend Narciso V. Abellana, MSC, D.D. – Bishop of Diocese of Romblon
Most Reverend Arturo Bastes, SVD, D.D. – Bishop Emeritus of Diocese of Sorsogon
Most Reverend Roberto Mallari, D.D. – Diocese of San Jose, Nueva Ecija
Fr. Noel Gatchalian, SVD
Fr. Ben Alforque, MSC
Fr. Amado L. Picardal CSsR
Executive Co-Secretary JPIC Commission-USG/UISG
Rome, Italy
Fr. Rico Ponce, O.Carm.
Fr. Manuel Vicente Catral – Archdiocese of Tuguegarao
Fr. Niño B. Etulle, SCJ
Fr. Wilfredo Dulay, MDJ
Fr. Tito Maratas, MSC
Fr. Domingo Barawid
Br. Armin Luistro, FSC – De La Salle Brothers – Philippines
Daniel Franklin Pilario, CM – Dean, St. Vincent School of Theology
Fr. Harlem F. Gozo – Diocese of Maasin
Fr. Joel Canuel, MDJ
Fr. Paul Medina, O.Carm.
Fr. Kenneth C. Masong
Fr. Eliseo Mercado, Jr. OMI
Professor – San Beda University Graduate School of Laws and Notre Dame University Graduate School
Fr. Edwin Borlasa, MSC
Fr. Cesar Ma. Talamayan, SSF – Servant Brothers of St. Francis
Fr. Rex Salvilla, CICM
Fr. Valentin Narcise, CICM
Fr. Ramon Caluza, CICM