HOUSE Deputy Minority Leader Mamamayang Liberal Party-list Representative Leila de Lima has filed twin measures to conduct comprehensive inquiries into counterterrorism and terrorism financing laws to look into allegations of their misuse against democratic dissent and lawful civic engagement.
De Lima filed House Resolution 786 seeking to investigate the implementation of Republic Act 11479 or the “Anti-Terrorism Act of 2020” and HR 787 to probe the enforcement of RA 10168 or the “Terrorism Financing Prevention and Suppression Act (TFPSA) of 2012.”
“Our objective is clear: to ensure that our laws protect our people instead of suppressing dissent. Counterterrorism measures erode their core purpose if they are weaponized by the State to promote a climate of fear, harassment, and intimidation among human rights defenders, activists, youth leaders, humanitarian workers, and civil society organizations,” De Lima said in a statement.
“Ang mga batas na ito ay hindi dapat lisensya para manggipit, mag-red tag, magpakulong nang walang basehan at lalo na para pumatay ng mga Pilipino,” she added.
Through HR 786, the Bicolana lawmaker seeks to ensure that the Anti-Terrorism Act (ATA) fully complies with constitutional guarantees of due process, freedom of speech, freedom of expression, freedom of association, peaceful assembly, and the right to privacy, as well as with the country’s international human rights obligations.
Furthermore, the proposed resolutions also aims to determine the impact of the law on, and the threats it poses to, journalists, human rights defenders, civil society organizations, Indigenous Peoples (IPs), labor leaders, youth activists, humanitarian workers, and other sectors engaged in lawful advocacy and civic participation.
It may be recalled that in July 2020, former President Rodrigo Duterte signed into law the ATA, which has faced numerous legal challenges to its constitutionality. In the consolidated cases of Calleja et al. v. Executive Secretary decided in December 2021, the Supreme Court upheld the constitutionality of most of the law’s provisions but declared certain portions unconstitutional for being vague and overbroad.
Meanwhile, under HR 787, De Lima wants to assess whether enforcement measures under the Terrorism Financing Prevention and Suppression Act (TFPSA) have disproportionately targeted civil society actors and dissenters instead of high-risk money-laundering and corruption networks.
The said measure seeks to evaluate the adequacy of existing statutory and regulatory safeguards on due process, judicial oversight of asset-freezing orders, evidentiary standards for terrorism-financing prosecutions, humanitarian and civil society exemptions, transparency and accountability mechanisms, and anti-de-risking guidance.
“Matindi yung tinatawag nating chilling effect ng Anti-Terrorism Law at Anti-Terrorist Financing Law pagdating sa ating constitutionally-guaranteed right to freedom of speech, expression, and association. Ngayon, marami yung ‘ay hindi na lang kaya ako magsasalita kasi baka mamaya ma-red-tag ako tapos ma-declare pa akong terorista,’” Atty. Maria Sol Taule of Karapatan said.
In a separate statement, De Lima said: “We strongly condemn the continued unjust detention of community journalist Frenchie Mae Cumpio and lay worker Marielle Domequil, and the relentless weaponization of counterterrorism and counterterrorism financing laws to silence dissent.”
“The denial of their bail is a serious setback in the fight for press freedom, a major blow to civil liberties in our country. Napakalaking kawalan ng hustisya at panunupil sa kanilang karapatan ang mahigit anim na taon na nilang pagkakakulong batay lang sa tila mga gawa-gawang paratang at kwestyonableng mga testimonya. Junk all the fabricated charges! End the weaponization of laws to suppress press freedom and fundamental liberties!” she added.
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