Far From Neutral Notions - Philippine politics, culture and stuff

AMID renewed threats of attacks, the House of Representatives’ joint committees on justice and foreign affairs approved Tuesday a bill to combat terror as the Philippines’ chief law enforcer admitted terrorism is now the country’s top security threat.

The House committees voted to approve the Anti-Terrorism Bill after consolidating several versions filed earlier in the chamber.

The bill, which seeks to penalize terror acts with lifetime imprisonment or even death, was approved with only two dissenting votes. It carries a fine of 10 million pesos.

The proposed law includes provisions on warrantless arrests lasting for three days, and limitation on the media’s right to interview known terrorist groups.¹

That’s what I saw when I opened the Philippine Daily Inquirer website. And for once, no smart-ass respose here. Just dread.

In the wake of the August 21 bombing of Plaza Miranda in 1971, Marcos suspended the writ of habeas corpus. In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully. The words habeas corpus ad subjiciendum are Latin for “You (shall) have/hold the body to be subjected to (examination)”, and are taken from the opening words of the writ in medieval times.²

Now, in the wake of the Bali bombing in Indonesia, GMA has placed this bill on the fast track, marking it as “urgent”. The proposed law defines terrorism as “premeditated, threatened, or actual use of violence, or force” or “other means of destruction” to create or sow “a state of danger, panic, fear or chaos to the general public, group of persons or segments thereof, or of coercing or intimidating the government to do or abstain from doing an act.”³

Besides these acts, it said terrorism is committed by any person or group of persons who intend to:

• Hijack or threaten to hijack any kind of aircraft, electric or railroad train, passenger bus or other means of mass transportation
• Assassinate or threaten to assassinate, kidnap or threaten to kidnap the President, the Vice President, Senate President, Speaker or the Chief Justice of the Supreme Court.

Pretty broad as it is, but there’s more: the bill also gives the Secretary of Justice the power to place organizations or individuals on a terrorism list. And according justice committee chair Simeon Datumanong: “if there’s an intention to force the government to do this or that, you are already committing an act of terrorism.”⁴

Datumanong said the consolidated antiterror bill contained four salient features:

At best, the whole thing smacks of McCarthy-ism and witch-hunts. At worst, GMA is using the Marcos ploy of crying ‘terrorist!’ to justify imposing some form of authoritarian rule.

The proposed bill, which contains a provision for warrantless arrests (albeit lasting for three days only) is alarming precisely because it allows for such: a warrantless arrest is practically (I don’t know if it is legally) authorizing an officer to make an arrest (and to execute a judgment?) without a judicial writ.

If this bill gets passed, I wonder what’s to stop Bert Gonzales from going after Satur and Bayan Muna, what with his strong suspicions and all.

There’s a saying, and I’m taking liberties paraphrasing and modifying it because I can’t quite remember the exact words and where I’ve seen it, that goes something like this: if you allow the fascists to arrest your neighbor for being a terrorist [communist], what’s to stop them from going to your house next?.

Popularity: 3% [?]