Thread by @ANCALERTS

LOOK: SC prepares En Banc Session Hall for oral arguments, placing acrylic dividers. Only 8 lawyers from both petitioners and respondents will be allowed inside the session hall. The others will stay in division rooms and will be called only when needed. | via @mikenavallo

@mikenavallo SC says all lawyers from petitioners and respondents submitted negative #COVID19 test results. | via @mikenavallo

@mikenavallo Lawyers representing various petitioners line up in front of the Supreme Court as SC starts allowing counsels and media to come in | via @mikenavallo

@mikenavallo Albay Rep Edcel Lagman, who filed the 2nd petition and who is one of 7 who will argue for petitioners, now inside the Supreme Court | via @mikenavallo

@mikenavallo National Security Adviser Hermogenes Esperon arrives at the Supreme Court | via @mikenavalloow

@mikenavallo Solicitor General Jose Calida now inside the Supreme Court, going thru #COVID19 results verification | via @mikenavallo

@mikenavallo Supreme Court begins hearing oral arguments on the Anti-Terrorism Act. All 15 SC justices present. | via @mikenavallo

@mikenavallo Counsels for petitioners and respondents present. Amicus curiae former SC Associate Justice Francis Jardeleza also present. | via @mikenavallo

@mikenavallo Atty. Jose Anselmo Cadiz now delivers the opening statements for the petitioners. | via @SCPh_PIO

@mikenavallo @SCPh_PIO Cadiz: I am invoking this honorable court's judicial power under the Constitution to assert the supremacy of the people's fundamental rights under the Constitution. | via @SCPh_PIO

@mikenavallo @SCPh_PIO Cadiz: The Anti-Terror law kills the exercise of expression by the petitioners.

@mikenavallo @SCPh_PIO Cadiz begins arguing for petitioners. Says Anti-Terrorism Act is constitutionally infirm, characterizing the petitions before the SC as a "colossal battle between the Constitution and the Anti-Terror law." | via @mikenavallo

@mikenavallo @SCPh_PIO Cadiz says petitions satisfy elements of judicial review to allow SC to look into case. Says petitioners have legal standing because law affects bill of rights and petitioners face credible threat. Adds law was passed with grave abuse of discretion. | via @mikenavallo

@mikenavallo @SCPh_PIO Cadiz also says case is of transcendental importance. | via @mikenavallo

@mikenavallo @SCPh_PIO Atty. Chel Diokno: If this law existed in 1986, Cardinal Sin's act of calling on people to go to Edsa would qualify as a violation of the Anti-Terror Law.

@mikenavallo @SCPh_PIO Chel Diokno is next to argue, saying Anti-Terrorism Act punishes exercise of civil and political rights. Says law punishes speech based on content, comes to court with heavy presumption of unconstitutionality, and is not narrowly drawn. | via @mikenavallo

@mikenavallo @SCPh_PIO Atty. John Molo: If we are not sure what terrorism is, then we cannot be sure what inciting it covers.

@mikenavallo @SCPh_PIO Molo: The fact that penal law is susceptible to multiple readings makes it vague.

@mikenavallo @SCPh_PIO Molo hits vague definition of terrorism which affects definition of related crimes based on terrorism like inciting to terrorism. Other terms and concepts like designation in relation to other sections also vague. | via @mikenavallo

@mikenavallo @SCPh_PIO Listen to the live audio stream of the #ATAOrals here: bit.ly/3atvA3x

@mikenavallo @SCPh_PIO Human rights lawyer Evalyn Ursua cites freezing of assets of Rural Missionaries of PH based on claims they financed communist activities as a clear example of how designation by the Anti-Terrorism Council institutionalizes freezing of assets under ATA. | via @mikenavallo

@mikenavallo @SCPh_PIO Ursua hits ATC's power to designate saying designation involves conclusive presumption of guilt without due process and is not harmless nor benign. Cites slain lawyer Ben Ramos and UP lawyers recently red-tagged by AFP as examples. | via @mikenavallo

@mikenavallo @SCPh_PIO Ursua also raises Anti-Money Laundering Council's power to freeze assets following designation by the Anti-Terrorism Council. Says AMLC could also investigate bank accounts, among other powers without limits or safeguards. | via @mikenavallo

@mikenavallo @SCPh_PIO Ursua points to Implementing Rules and Regulations of Anti-Terrorism Act as an attempt to remedy the unconstitutionality of the law. Says law is an undue delegation of legislative powers. | via @mikenavallo

@mikenavallo @SCPh_PIO Former Rep. Neri Colmenares: Anti-Terror law is constitutionally invalid because it suffers from overbreadth and impermissible vagueness, punishing legal acts as
terrorism on mere say-so of authorities based on vague and overbroad law. | via @mikenavallo

@mikenavallo @SCPh_PIO Colmenares: RA 11479 inflicts deprivation of rights on a
class of suspected persons without judicial trial when it grants respondents power to investigate and freeze assets of mere suspects or cause detention of suspects for more than 3 days w/o judicial imprimatur.

@mikenavallo @SCPh_PIO Colmenares says Anti-Terror law targets an ascertainable group of activists and perceived dissenters who have been the victims of red-tagging and terrorist-tagging by the mere claim that they are “suspected persons.” | via @mikenavallo

@mikenavallo @SCPh_PIO Colmenares: Criminalizing membership in designated or proscribed organizations, likewise, amounts to punishment for acts allegedly committed by these organizations or their members prior to the enactment of the law. | via @mikenavallo

@mikenavallo @SCPh_PIO Colmenares: A basic principle of a democratic system is that where rights of individuals are concerned, the end does not justify the means. It is not enough that there be valid objective, also necessary that the means
employed to pursue it be in keeping with the Constitution.

@mikenavallo @SCPh_PIO Albay Rep. Edcel Lagman discusses section 29 of Anti-Terrorism Act which allows arrest without warrant and detention up to 24 days without charges in court. Points to changes in Constitution which led to strict reqt only judge can issue warrants of arrest. | via @mikenavallo

@mikenavallo @SCPh_PIO Lagman hits extended detention ordered by Anti-Terrorism Council, an executive body, as reminiscent of Spanish Inquisition and induces torture to coerce confession in violation of the Anti-Torture Act. | via @mikenavallo

@mikenavallo @SCPh_PIO Lagman says sec 29 violates Convention Against Torture and the International Covenant on Civil and Political Rights prohibiting arbitrary arrest and detention. | via @mikenavallo

@mikenavallo @SCPh_PIO Lagman: Prolonged detention denies suspect’s right to be presumed innocent, deprives him right to seasonably post bail, derails right to speedy disposition of case, divests him right to promptly avail of writs of habeas corpus and amparo, and derogates his right vs torture.

@mikenavallo @SCPh_PIO Lagman urges SC to strike down sec 29 of ATA without waiting for actual case to happen.

Says Congress committed grave abuse of discretion in passing the ATA. | via @mikenavallo

@mikenavallo @SCPh_PIO Human rights lawyer Algamar Latiph now discussing effect of Anti-Terrorism Act on indigenous peoples and Moros: Moros have been victims of historical injustice, massive landgrabbing, structural discrimination and human rights violations thru exgtreme military measures.

@mikenavallo @SCPh_PIO Latiph says indigenous peoples also victims of discrimination and historical injustice. Cites the case of 2 Aetas who were among the first to be charged with terrorism under the ATA. | via @mikenavallo

@mikenavallo @SCPh_PIO Following the opening statements by the 7 lawyers for petitioners, Associate Justice Rosmari Carandang begins interpellation. Asks Cadiz if there are others, aside from freezing of assets of RMP and charging of 2 Aetas, who have been charged. | via @mikenavallo

@mikenavallo @SCPh_PIO Cadiz cites red-tagging by Lt. Gen. Antonio Parlade, Jr. of petitioners against the ATA as an example of a threat. Petitioner Senior Associate Justice Antonio Carpio first raised this issue before the Supreme Court.

@mikenavallo @SCPh_PIO Pressed by Carandang about effect on other petitioners, Cadiz says Parlade did not distinguish and insists that the post is a credible threat against petitioners.

@mikenavallo @SCPh_PIO Cadiz says under sec 29, ATC has the power to detain a person for 24 days without a warrant, arrogating power of the Judiciary and trivializes Rules of Court rule on warrantless arrest. | via @mikenavallo

@mikenavallo @SCPh_PIO Cadiz says there's also clash with Legislative because law unduly delegates power to legislate to Anti-Terrorism Council. Clash between what Executive branch can't do and what the Legislative can do. | via @mikenavallo