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Advocates Philippines
SC Issues Rules For Anti-Terrorism Act Of 2020
Photo credit: Karapatan Southern Tagalog
The Supreme Court has officially released a comprehensive set of procedural rules governing all petitions and applications related to the Anti-Terrorism Act of 2020 (ATA) and other associated laws.
The Rules on the Anti-Terrorism Act of 2020 and Related Laws (A.M. No. 22-02-19-SC) were published yesterday in two national newspapers and are scheduled to take effect on January 15, 2024.
These rules will be applicable to various legal aspects, including detentions without judicial warrants, surveillance orders, freeze orders, travel restrictions, designations, proscriptions, and other court issuances implemented to execute the ATA and related laws.
Among the key provisions, the Rules outline the procedures for individuals, organizations, associations, or groups seeking judicial relief from their terrorist designation by the Anti-Terrorism Council (ATC) and subsequent freeze orders by the Anti-Money Laundering Council (AMLC).
The Rules empower the Court of Appeals (CA) to issue a Preliminary Order of Proscription within 72 hours of a verified petition by the Department of Justice Secretary, declaring any group or organization engaged in terrorism as outlawed terrorists.
This allows the AMLC to freeze assets and properties, subject to continuous summary hearings, concluding within three months. A Permanent Order of Proscription may be issued upon clear and convincing evidence.
Additionally, law enforcement agents or military personnel are now required to obtain a prior written surveillance order from the CA to engage in covert monitoring of private communications related to judicially-proscribed terrorist organizations, designated persons, or those suspected of committing crimes under the ATA.
The rules also specify the grounds for issuing surveillance orders, as well as their content and duration.
The Rules further address detention procedures without a judicial warrant, setting specific timeframes and safeguards to prevent abuse. It explicitly prohibits the use of torture or cruel treatment during investigation or interrogation.
Notably, the Rules establish a process for investigating prosecutors to apply for a precautionary hold departure order against individuals suspected of ATA violations, ensuring they remain within the country during legal proceedings. The procedures for handling classified evidence involving national security and state secrets are also outlined.
Acknowledging the vulnerability of certain groups, the Rules mandate the appointment of a guardian ad litem to protect the rights of the elderly, pregnant individuals, persons with disabilities, women, and children.
Despite the stringent measures, the Rules explicitly state that they will not diminish the substantive rights provided by existing laws, international treaties, conventions, and agreements.
Parties involved can still avail themselves of other remedies, such as writs of habeas corpus, amparo, and habeas data, with the option to appeal to the Supreme Court when necessary.
The Rules on the Anti-Terrorism Act of 2020 and Related Laws (A.M. No. 22-02-19-SC) were published yesterday in two national newspapers and are scheduled to take effect on January 15, 2024.
These rules will be applicable to various legal aspects, including detentions without judicial warrants, surveillance orders, freeze orders, travel restrictions, designations, proscriptions, and other court issuances implemented to execute the ATA and related laws.
Among the key provisions, the Rules outline the procedures for individuals, organizations, associations, or groups seeking judicial relief from their terrorist designation by the Anti-Terrorism Council (ATC) and subsequent freeze orders by the Anti-Money Laundering Council (AMLC).
The Rules empower the Court of Appeals (CA) to issue a Preliminary Order of Proscription within 72 hours of a verified petition by the Department of Justice Secretary, declaring any group or organization engaged in terrorism as outlawed terrorists.
This allows the AMLC to freeze assets and properties, subject to continuous summary hearings, concluding within three months. A Permanent Order of Proscription may be issued upon clear and convincing evidence.
Additionally, law enforcement agents or military personnel are now required to obtain a prior written surveillance order from the CA to engage in covert monitoring of private communications related to judicially-proscribed terrorist organizations, designated persons, or those suspected of committing crimes under the ATA.
The rules also specify the grounds for issuing surveillance orders, as well as their content and duration.
The Rules further address detention procedures without a judicial warrant, setting specific timeframes and safeguards to prevent abuse. It explicitly prohibits the use of torture or cruel treatment during investigation or interrogation.
Notably, the Rules establish a process for investigating prosecutors to apply for a precautionary hold departure order against individuals suspected of ATA violations, ensuring they remain within the country during legal proceedings. The procedures for handling classified evidence involving national security and state secrets are also outlined.
Acknowledging the vulnerability of certain groups, the Rules mandate the appointment of a guardian ad litem to protect the rights of the elderly, pregnant individuals, persons with disabilities, women, and children.
Despite the stringent measures, the Rules explicitly state that they will not diminish the substantive rights provided by existing laws, international treaties, conventions, and agreements.
Parties involved can still avail themselves of other remedies, such as writs of habeas corpus, amparo, and habeas data, with the option to appeal to the Supreme Court when necessary.
Jan 2, 2024
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