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The Anti-Terror Law, at its core, is a return to draconian times, a subversion of our fundamental rights and liberties, a farcical attempt to quell an ensuing dissent from the marginalized sectors largely due to the government’s failure to respond to the needs of the people in the time of pandemic. It is a measure to safeguard the old economic and political system that is the lifeline of its current privileged and elite rule. A safeguard to the “OLD NORMAL”.
The Philippine Misereor Partnership, Inc. (PMPI) believes that the “Anti-Terrorism Act of 2020 is the government’s legal mantle to shield itself from the discontent of people due to a bungled response to the pandemic – their ill intervention to cope with the pandemic and to direct its indecisive state health agency, its lack of aggressive and forward plan to have massive testing and support to the frontline workers, its militaristic approach to manage people from following the lockdown rules, its lack of transparency and accountability in the use of public funds and borrowed money and its dismal and meager support to the most vulnerable sectors of society have resulted to hunger, fear, and violation of people’s rights. These are some of the issues that will be dealt with, simply as matters of peace and security by the Anti-Terror Bill.
We believe this law will further institutionalize the OLD NORMAL of putting profit over ecology and the right to health. We were witness to its partiality to profit over people, when even in the midst of the threat of the pandemic – the community of Homonhon Island, Eastern Samar and the island of Semirara fell victim to the caprices of the
Department of Environment and Natural Resources – Mines and Geosciences Bureau (DENR-MGB), the Department of Energy in the case of Semirara Island, which allowed the transport of mineral ore and coal by the mining companies from these islands, despite appeal against it by the local people and local government. Through the AntiTerror Bill, we believe this administration will now have the legal basis to muscle its way through to implement development projects that are detrimental to Indigenous Peoples and the ecology like the Kaliwa Centennial Dam Project in Quezon and the Sagittarius Copper and Gold Project in South Cotabato.
WE believe the “Anti-Terrorism Act of 2020” has the potential to increase nonaccountability and non-transparency of this Administration’s in its exercise of power. This government, through its OLD NORMAL of addressing deeply rooted and complex social issues, have shown us that it can choose to be non-accountable, harsh, and punitive. In dealing with drug related issues, it has launched a “War On Drugs” program called “Operation Tokhang”, implemented in secrecy and with impunity but has yet to show substantial results of putting a stop on drug trade in the country, but instead only victimized further the poor and marginalized as EJK victims.
Put simply, the Anti-Terrorism Act of 2020 will not address poverty, ecological destruction, and climate crisis, nor will it address our current predicament that is Covid19 and its after effects, nor will it address terrorism itself, rather, it has now created an environment of terror to silence any form of opposition, with everyone a potential suspect.
Philippine Misereor Partnership, Inc. (PMPI) 6 June 2020
Church People-Workers Solidarity supports calls for resumption of jeepney operation and immediate release of cash aid to jeepney drivers
We from the Church People-Workers Solidarity join in solidarity with thousands of jeepney drivers who are still left with no sources of livelihood since the implementation of the enhanced community quarantine amidst the Covid 19 pandemic.
We air the concerns of our jeepney drivers regarding memorandum circular 2020-017 of LTFRB on the operation of PUB’s and PUJ’s during the General Community Quarantine. In the said memorandum, public utility buses is the preferred means of transportation and in areas where PUB’s could not operate, the following hierarchy of transport service shall be observed; tourist bus, OFG compliant PUJ (modernized jeepney), UV Express Service and traditional PUJ which have already consolidated as cooperative or are fleet managed and tourist vans. According to PISTON, the abovementioned memorandum will not allow many jeepneys to operate and for those which can operate many restrictions and limitations are being set by the LTFRB. It also increases the fear of jeepney drivers and small operators on the phase out of traditional jeepneys.
We are saddened that for more than two months, many of them are still waiting for the cash aid particularly the Social Amelioration Program from the Department of Social Welfare and Development. Even before the pandemic, jeepney drivers and their families are already in difficult economic situation. And now, the situation even worsens.
In this light, we urge the government to take heed to the call of our jeepney drivers and small operators:
1. Allow the resumption of Public Utility Jeepneys as it will revive the livelihood of thousands of jeepney drivers and small operators and will provide transport service to frontliners, workers among others.
2. Cash assistance that will fill in the shortage of income due to only 50% passenger capacity for PUV’s. This will also help the drivers to pay for gasoline, maintenance of their vehicles and most importantly basic needs for their families.
3. Conduct mass testing to jeepney drivers and other public transport workers to ensure their safety and the commuting public.
Last May 29, 2020, the House of Representatives approved at the committee level its adoption, in toto, of the Senate version of the new anti-terrrorism bill titled “An Act To Prevent, Prohibit And Penalize Terrorism, Thereby Repealing Republic Act No. 9372,
Otherwise Known As The “Human Security Act Of 2007.”
By adopting the Senate version, the joint committees in the House dispensed with the various versions filed in the House and ignored the proposed amendments of its own members. House Committee on Public Order and Safety Narciso Bravo, Jr. candidly admitted during the hearing that this was being done upon the orders of the House leadership who wanted the bill approved immediately.
The measure is expected to be taken up in the House plenary for 2nd and possibly 3rd reading before Congress adjourns its second session on June 5. If approved without amendments, the bill will go straight to Malacañang for the Presidents signature and enactment into law.
A vague and overbroad definition
The bill aims to expand the already vague and broad definition of terrorism found in the existing anti-terrorist law (Human Security Act of 2008). This it does by replacing the strictly defined predicate crimes constituting terrorism (e.g. murder, arson, kidnapping, rebellion, etc.) with the following general categories, regardless of the stage of execution, as provided in Section 4 of the bill:
a) acts intended to cause death, serious bodily injury, or endangering a person’s life;
b) acts intended to damage or destroy a government or public facility, public place or private property;
c) acts intended to extensively interfere with, damage or destroy critical infrastructure;
d) developing, manufacturing, possessing, acquiring, transporting, supplying or using weapons, explosives, biological, nuclear, radiological or chemical weapons;
e) releasing dangerous substances or causing fire, floods or explosions.
The above-mentioned acts, when the purpose, by its nature or context, is to intimidate the public or its segment, create an atmosphere or spread a message of fear, intimidate the government, seriously destablize or destroy the fundamental political, economic and social structures of the country, or create a public emergency or seriously undermine public safety, will be punishable with life imprisonment without benefit of parole.
While Sec. 4 provides that terrorism excludes advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, the exemption only applies if such acts are not intended to cause death, serious physical harm, endangers a person’s life, or creates a serious risk to public safety. Otherwise, such legitimate actions can still be considered as terrorist acts or acts in furtherance of terrorism.
Based on such a vague and over-broad definition, the bill proceeds to list several related crimes that further expands the crime of terrorism, all with extremely heavy, disproportionate penalties:
OFFENSE
PENALTY
Threat to Commit Terrorism (Sec. 5)
12 years imprisonment
Planning, Training, Preparing, and Facilitating the Commission of Terrorism (Sec. 6)
Life imprisonment without parole or good conduct benefits
Conspiracy to Commit Terrorism (Sec. 7)
Life imprisonment without parole or good conduct benefits
Proposal to Commit Terrorism (Sec. 8)
12 years imprisonment
Inciting to Commit Terrorism (Sec. 9)
12 years imprisonment
Recruitment to and Membership in a Terrorist Organization (Sec. 10)
Life imprisonment without parole or good conduct benefits
Being a Foreign Terrorist (Sec. 11)
Life imprisonment without parole or good conduct benefits
Providing Material Support to Terrorists (Sec. 12)
Same as that of principal accused
Accessory to the crime regardless of relationship to the accused (Sec. 14)
12 years imprisonment
If a public official, additional administrative case of grave misconduct and/or disloyalty to the Republic and the Filipino people
dismissal from the service, cancellation of civil service eligibility, forfeiture of retirement benefits and perpetual absolute disqualification from elective or public office.
Under this new definition of terrorism and its related crimes, organizers and participnts of a transport strike can be charged with terrorism for “extensively interfering” with the public transportation system, “intimidating the government” to give in to their demands, and creating a “serious risk to public safety” due to the resulting traffic and commuter congestion.
Likewise, anti-Duterte protesters who resist a violent dispersal operation can be charged with terrorism for “endangering the life” of the police and “seriously destablizing” the political order. Speakers in the said rally can be charged with threatening, inciting, or conspiracy to commit terrorism.
Finally, persons or groups who provide food, water, shelter, office space or financial support to the participants of the above activities, even their children and spouses, can be charged with “providing material support” to them or implicated as accessories.
A blow to due process and human rights
Under the biill, even the mere suspicion of involvement in terrorism and its related crimes already unleashes a string of violations of constitutionally guaranteed rights.
Sec. 29 allows the warrantless arrest and detention without charges of suspects of anywhere from 14-24 days as opposed to the explicit constitutional limit of 72 hours.
Sec. 16 allows the secret wiretapping and surveillance of a suspected person’s or group’s private communications, conversations, data, ordinary or electronic mail, information, messages “with the use of any mode, form, kind or type” of technology “in whatever form, kind or nature.”
Sec. 25 gives the Anti Terrorism Council (ATC) the power to unilaterally and arbitrarily, without proper hearing and on the mere basis of probable cause, designate an individual, group of persons, organization or association as terrorist and for the Anti-Money Laundering Council (AMLC) to freeze the assets of said individuals or groups.
In addition to Sec. 25, Sec. 26 also gives the Courts the power to proscribe an organization, association or group of persons as terrorists via a “preliminary order of proscription” based on probable cause. Members of such proscribed organization can be penalized with life imprisonment without parole due to mere membership in that organization, even if they are not engaged in any overt terrorist act.
A weapon for tyranny and dictatorial rule
The anti-terrorism bill’s vague and over-broad definition, coupled with its draconian provisions, make it an ultimate weapon for abuse and tyranny. In the hands of the Duterte government, it can and will be undoubtedly used to intimidate and imprison critics, members of the opposition and political dissenters, the media, social reformers, civil libertarians and human rights advocates, and anyone that gets in the way of its tyrannical rule.
It is a threat to those opposing Duterte’s surrender of our national sovereignty over the West Philippine Sea, his murderous yet sham “war on drugs”, the criminal bungling of the Covid-19 response, the crackdown on human rights defenders, the appointment of a virtual military junta running the government, and the favored treatment of presidential relatives, business cronies and political loyalists.
Already, we are witness to how the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) has linked almost all groups and institutions critical of the administration to the “communist terrorist” movement. They have maliciously accused such groups as “communist- terrorist fronts” or conspirators in imagined plots like the fantastic Red October Plot of 2018. This law will transform such malicious and absurd accusations into an open, fascist crackdown.
With Duterte in firm control of Congress and the Courts, his generals and cronies occupying the highest positions of power and influence in the Executive, mainstream media intimidated and cajoled into silence and his extensive troll operations distorting social media, the last thing we need is a law to further unleash state terror on our people.#
We would like to invite you to sign a multi-sectoral joint statement against the passage of the Terror Bill, which the House of Representatives is expected to vote on soon.
While we may not succeed in blocking its passage, let us register very strongly our opposition to this legislation that could well spell the end of democracy and freedom in our country.
We would like to emphasize that this is not a statement of media alone but one that we feel should be joined by as broad a segment of civil society and as many freedom-loving individuals as possible.
May we also suggest that, on the day we release this statement, we launch a social media campaign in which we post selfies or portraits with our mouths taped shut with messages written on the tape. These could be the following – CRITICISM IS NOT TERRORISM; FREE SPEECH IS NOT TERRORISM; JOURNALISM IS NOT TERRORISM; ACTIVISM IS NOT TERRORISM – and other messages you may wish to make.
May we also suggest that we maintain this alliance should they enact this odious piece of legislation so that we can continue our collective defense of our rights and freedoms.
Kindly send this to your networks and please comment on this thread if there are others who want to sign on.
Deadline for submission of signatories is tomorrow, June 3, 7 am. We are posting this statement tomorrow at 9 am.
Mabuhay Ang Ating Kalayaan! Mabuhay Ang Ating Karapatan!
Maraming salamat po!
For the NUJP Board,
Nonoy Espina Chairperson
STATEMENT
We Reject the Terror Bill
Why do our government officials always think law and order, peace and security can be realized only at the expense of our rights?
We, journalists, media organizations, civil society groups, academics and other concerned individuals unequivocally reject the anti-terror bill that the House of Representatives railroaded through the wholesale adoption of Senate Bill No. 1083, to do away with the bicameral committee conference hasten its passage and enactment into law.
Let us be clear about one thing: We are against terrorism.
However, bad as the Human Security Act of 2007 is, this bill, should it become law, would be much worse, so much that it would be more apt to call it the Terror Bill.
Not only does this proposed law grant an “Anti-Terror Council” the power to designate, on mere probable cause, persons or entities as terrorists or terrorist groups, it also allows the Anti-Money Laundering Council, an ATC member, to freeze the assets of these persons or groups, all without granting them the opportunity to defend themselves and refute any information against them.
Worse, the proposed law would also allow the ATC to authorize the detention without judicial warrant of arrest of suspects for up to 14 calendar days, extendible by another 10 days.
These clearly violate the Constitution’s guarantee to due process and constitutes a usurpation of judicial power.
Worse, this bill would worsen the impunity with which many of our laws and rights are violated by the very ones sworn to protect and uphold these by doing away with the stiff penalties intended to prevent any abuse of this legislation’s most draconian measure, the extrajudicial arrest and detention of suspects.
The bill also poses mortal danger to the principles of freedom of the press and of expression in Section 9 defining the crime of “inciting to terrorism,” which can be committed “by means of speeches, proclamations, writings, emblems, banners or other representations of the same” and is punishable by 12 years in prison.
This provision is, however, prone to broad application much like this and previous administrations have used the existing offenses of inciting to sedition and rebellion to quell free speech and intimidate critics.
In effect, reportage on persons and groups deemed terrorist, or even merely repeating what they say, could be interpreted as committing inciting to terrorism.
While we all agree that the fight against terrorism is important and needs the participation and cooperation of everyone, we maintain that the proposed law is open to abuse by despotic governments to visit terror against critics and the people in general.
If a law to fight terrorism is to be contemplated, let the respect and defense of human rights be the paramount consideration.
Initial Signatories to the Joint Statement:
1. Most Reverend Broderick Pabillo, D.D. 2. Rev. Mariesol Villalon of United Methodist Church 3. Rev. Irma Balaba of National Council of Churches in the Philippines
Catholic schools in the Philippines have reported that the coronavirus pandemic has affected their finances. Some schools have reportedly started the retrenchment of some of its workers. (Photo by Basilio Sepe)
A Catholic school in the central Philippines announced that it will cease operations due to “difficulties” that the coronavirus pandemic brought to the institution.
The Angelicum School in Iloilo, an institution run by the Order of Preachers since 1978, announced that it will stop operations on July 31.
In a letter to parents, Dominican priest Maximo Gatela, school director, advised students to either opt for a home study program or transfer to another school.
While the country gradually shifts to a “new normal” due to the pandemic, several Catholic educational institutions are facing “hard times.”
Some opted to dismiss workers, especially those described as having “special working status” with the institution, like support staff.
The University of Santo Tomas Hospital, an institution also run by the Dominicans, earlier announced its plan to terminate workers due to financial losses.
Financial challenges
Father Nolan Que, a member of the board of trustees of the Catholic Educational Association of the Philippines, admitted that most schools “struggle in terms of financial survival” due the pandemic.
He said that there were a lot of “unsettled tuition” in the past school year, resulting in lack of funds to pay for the salaries of teachers.
The priest, however, said that despite the difficulties “[it] does not mean that we should not be charitable to our employees.”
“It is now high time to be real witnesses to them,” said Father Que.
A teacher prepares a robot that allows students to attend an online graduation in Manila on May 22. Schools across the Philippines have closed during the pandemic, postponing a lot of activities including graduations. (Photo by Angie De Silva)
Yesterday’s railroading of the new anti-terrorism bill by the Lower House committees deliberating on the measure brings the country one more step towards a Marcosian dictatorship.
These shameless Congresspersons orchestrated a sneak attack on our civil and political liberties while the entire country was preoccupied by the Covid19 pandemic and the hard lockdown imposed by government.
Setting aside the various bills of their fellow congressmen, House leaders orchestrated the adoption of the Senate’s version in toto, without even changing a comma or a period. This put into waste months of careful deliberations by the joint committees and efforts by several House members to mitigate the bill’s dangerous and draconian provisions.
In light of the railroading that has taken place in the HOR, we can anticipate the quick passage of the bill into law. The Senate bill now adopted by the House provides for the following draconian provisions:
• a more vague and broad definition of terrorism to include virtually any kind of protest action or expression of dissent;
• new crimes like threatening, planning, training, preparing, facilitating, conspiring, proposing or inciting to commit “terrorism” that further widen the already overbroad scope of the crime of”terrorism”;
• ex parte or one-sided designation or proscription of persons or groups as “terrorist”;
• legalizing guilt by association via the crimes of recruitment, membership, and providing material support to a designated
“terrorist” or “terrorist” group, organization or association;
• arrest without warrant and detention without charges from 14 to as much as 24 days versus the current 72 hours;
• relaxed rules on physical and electronic surveillance, examination and freezing of assets and bank accounts for persons or groups suspected of engaging in “terrorism”.
This vague, overbroad and expanded definition of “terrorism” and its related crimes will provide the basis for abuse by authorities, making it much much easier to intimidate, harrass, invade the privacy, arrest and detain anyone on trumped up charges.
This is a threat to those opposing the Duterte government’s surrender of our national sovereignty over the West Philippine Sea, the murderous yet sham “war on drugs”, the criminal bungling of the Covid-19 response, the crackdown on human rights defenders, the appointment of a virtual military junta running the government, and the favored treatment of presidential relatives, business cronies and political loyalists.
It targets critics of government and the status quo, social reformers, members of the Opposition, the critical press and the civil liberties and human rights of every Filipino.
We appeal to the remaining upright and freedom-loving members of the House to reject this abominable piece of legislation when it reaches the plenary. We call on our people to vehemently oppose this latest attack by the Duterte regime on Philippine democracy.#
Quezon City, Philippines – With the easing of the lockdown in Mega-Manila and in provinces across the Philippines church and envi groups come together in a Webinar Series themed, “Imagining a Just and Green Recovery: An Online Conversation”.
The webinar, organized by Philippine Misereor Partnership, Inc. (PMPI) brings together people from the field of justice, faith, and environmental protection to dialogue on a just and green post-Covid society.
According to Yoly Esguerra, National Coordinator of PMPI, the webinar series takes its root from the wider global clamor for an immediate relief and sustainable recovery.”
MPI joined thousands of grassroots and civil society organizations to call for a just and sustainable recovery with the belief that the interconnection of ecological destruction, climate crisis, and inequality as the root of the pandemic.
Esguerra said, “We are challenged by this pandemic, but we hope to contribute to the global clamor by presenting to the public the Rights of Nature as a paradigm for our recovery and towards a better society.”
From March 15, 2020 Mega-Manila was put in a lockdown as part of the Philippine government’s attempt to control the spread of COVID 19.
The 1st of the Webinar Series was joined by Sen. Risa Hontiveros, principal author of Senate Bill No. 1097, “An Act Recognizing the Rights of Natural Ecosystems, Populations, and Process and Providing Mechanisms for the protection and enforcement thereof.”
Sen. Hontiveros during the webinar said, “The parallelism of Laudato Si and Rights of Nature is glaring. The Catholic Church can form a grass roots movement that they can shepherd that will not only help in pushing for the Rights of Nature Bill but also towards the internalization of the principles of Laudato Si.” She added, “Once we are able to pass the Rights of Nature Bill, change in peoples’ world view is already lived and present.”
Sen. Risa Hontiveros described our current world view as poisonous and murderous because humans have forgotten that if nature is destroyed, humanity will cease to exist. She concluded that there is a need to change our relationship with Mother Nature.
The PMPI along with NASSA/Caritas Philippines is advocating for a bill that will render nature as a rights bearing entity. The House and Senate versions of the bill are currently filed, awaiting its reading.
On its 2nd Webinar Series, the group with main discussant Fr. Danny Pilario is Dean, St. Vincent School of Theology – Adamson University opined that at the core our current debacle is injustice to our environment where the abuse of other life forms by humans is the norm.
Fr. Pirio said, “Our economic system which features rapid urbanization and creation of megacities, increase global mobility, coupled with deforestation for industrialization, and wildlife trafficking in favor for profit, all makes for our lopsided relationship with nature.”
The World Economic Forum in an article wrote that people have converted nearly half of the world’s land into agriculture. Tropical forests have suffered the most, with some of the highest rates of agricultural conversion over the last few decades.
To: All Laiko Heads of National Lay Organizations & Arch/diocesan Councils of the Laity Dear Brothers & Sisters,
The peace and love of the risen Lord be with you!
We are very pleased to inform you of the success of the recent Post Quarantine Conversations IV last May 23, 2020. The Zoom Room was closed with its maximum (100 people) capacity from different Dioceses and National Lay Organizations. With the very inspiring presentation of Bishop Gerry Alminaza cross-posted by the CBCP News to other FB pages, more than 10,000 people were able to view it and share its replay. Please pass and share this to others as we invite them to another inspiring event this Saturday. Watch here.
As we are celebrating Pentecost Sunday on May 31, we are pleased to invite you to the Post Quarantine Conversations V: New Mindsets for Emerging and Alternative Ministries…”Transitioning towards Digital Evangelization” on May 30, Saturday, 2:00 to 4:00 PM.
We will have an On-line Praise and Worship to be led by Bro. Mars Catan and a presentation on Digital Evangelization by Bro. Moses Catan, both from the ELIM GLOBAL COMMUNITIES.
We will be using a Zoom application for this. Kindly let us know if you’re capable and available to join this conversation by replying to this email on or before May 28, so that we could send you the link where you could register to actively participate in this meeting, as well as the mechanics.
Most Rev. Broderick Pabillo, the Laiko Board Members and the HOLY SPIRIT will be joining us in this on-line prayer meeting.
Thank you. Rest assured of my prayers for you and your loved ones’ safety!
