DOJ exec: Gov't amnesty program won't affect anti-terror law

From the Philippine News Agency (Jan 11, 2023): DOJ exec: Gov't amnesty program won't affect anti-terror law (By Priam Nepomuceno)

DOJ spokesperson Assistant Secretary Mico Clavano. (Screengrab from NTF-ELCAC presser)

MANILA – The Anti-Terrorism Act (ATA) of 2020 can be implemented despite the government's proclamation of an amnesty program for communist insurgents and other rebel groups, a justice official said Thursday.

"It is believed that the two are mutually exclusive and the law can be implemented," Department of Justice (DOJ) spokesperson Assistant Secretary Mico Clavano said in an online press conference of the National Task Force to End Local Communist Armed Conflict.

He said the ATA is fully operationalized since Jan. 15 following the Supreme Court (SC) issuance of its guidelines.

"The acts of terrorism, if still done, during the (ongoing peace) talks can still be prosecuted under the law. So I guess it's a matter of good faith (that) if these groups are willing to come forward and talk and agree to a ceasefire then there is no need for any prosecution under the [Anti-]Terrorism Act. But if they come forward and represent themselves in good faith and yet still continue activities that will fall under the Anti-Terrorism Act 2020, then they can also be prosecuted," Clavano said.

The high court earlier said the rules shall apply to "petitions and applications regarding detentions without judicial warrants of arrest, surveillance orders, freeze orders, restrictions on travel, designations, proscriptions, and other court issuances promulgated to implement the ATA and other related laws."

'Two different animals'

In the same briefing, Associate Solicitor James Clifford Santos from the Office of the Solicitor General said the Marcos administration’s amnesty program and the anti-terrorism law are “two different animals.”

“When we talk about amnesty, we talk about the obliteration of the crimes kasi (because) under our jurisprudence, it says there that amnesty looks backward and obliterates political offenses…the recent proclamations by the President do not cover heinous crimes, kasama dun ‘yung (and that includes) terrorism," he said.

Meanwhile, NTF-ELCAC spokesperson Joel Sy Egco urged all remaining insurgents to surrender now or face terrorism charges.

Only two provisions of the ATA were declared unconstitutional -- protests being equated to terrorism and the designation of individuals or groups as terrorists upon the request of local or foreign groups.

Earlier this week, the DOJ indicted 11 New People's Army members on terrorism charges for the ambush of Philippine Army soldiers in Barangay Malisbong, Sablayan, Occidental Mindoro on May 30, 2023, the first test case for the new law.

Powerful tool vs. terrorism

Clavano and Santos also hailed the SC ruling as a “powerful tool” of the government to combat any form of terrorism in the country.

“This is a very welcome development to the government and we assure the public and our friends in the media that this will be done in a balanced way where we acknowledge that this is a powerful tool, but at the same time, as a powerful tool, it must be used to its full advantage of the government and to its people,” Clavano said.

Santos, also a spokesperson for NTF-ELCAC’s Legal Cooperation Cluster, assured that law enforcement agencies will abide by the rules in prosecuting terrorism by taking a balanced approach.

“We’re positive on this welcome development when it comes to our legal landscape on quelling terrorism and we’ll remain committed to helping to ensure lasting peace through the lawfully sanctioned remedies and tools that we've in the legal landscape,” he said.

https://www.pna.gov.ph/articles/1216754