SC denies with finality all challenges vs. Anti-Terrorism Act : vimarsana.com

SC denies with finality all challenges vs. Anti-Terrorism Act

Supreme Court Baguio City(Facebook photo) BAGUIO CITY - The Supreme Court (SC) en banc on Tuesday slammed all doors on petitions challenging Republic Act 11479 or The Anti-Terrorism Act of 2020 as it denied with finality the motions for reconsideration of its Dec. 7, 2021 decision. In a statement during its summer sessions here, the SC said it "resolved to deny the motions for reconsideration due to lack of substantial issues and arguments" raised by petitioners of more than three dozen suits. The members of the SC maintained their votes in December, written by now retired Philippine Judicial Academy Chancellor Rosmari Carandang. The final copy of the decision has yet to be released as of posting time In December, the SC upheld the validity of the law except for two provisions. Aside from portions of Sections 4 and 25, all the other challenged provisions of RA 11479 were deemed constitutional. Section 4 deals with excluding mass actions and similar exercise of civil and political rights from the definition of terrorism while Section 25 is about requests by foreign agencies or bodies to designate persons as terrorists and terrorist organizations. The SC voted 12-3 to declare unconstitutional the qualifier portion of Section 4 that states "which are not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety". This qualifier to the proviso in Section 4 "is declared as unconstitutional for being overbroad and violative of freedom of expression," the court said. Likewise stricken down by a vote of 9-6 was a portion of Section 25, paragraph 2 which allows "request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC (Anti-Terrorism Council) after determination that the proposed designee meets the criteria for designation of UNSCR No. 1373". Among other provisions, the United Nations Security Council resolution urges members to "find ways of intensifying and accelerating the exchange of operational information, especially regarding actions or movements of terrorist persons or networks; forged or falsified travel documents; traffic in arms, explosives or sensitive materials; use of communications technologies by terrorist groups; and the threat posed by the possession of weapons of mass destruction by terrorist groups". This year's SC summer sessions are the first since the coronavirus pandemic broke out in March 2020 and the first under Chief Justice Alexander Gesmundo, who was appointed on April 5, 2021. (PNA) }

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Philippine , Benguet , Philippines , Justice Alexander Gesmundo , Rosmari Carandang , United Nations Security Council , Supreme Court , Philippine Judicial Academy , Terrorism Council , Republic Act , Anti Terrorism Act , Philippine Judicial Academy Chancellor Rosmari , Anti Terrorism Council , Chief Justice Alexander Gesmundo , Supreme Court Baguio City Facebook Photo The Sc En Banc On Tuesday Slammed All Doors Petitions Challenging Republic Act 11479 Or Anti Terrorism Of 2020 As It Denied With Finality Motions For Reconsideration Its Dec 7 , 021 Decision Ina Statement During Its Summer Sessions Here , He Sc Said It Quot Resolved To Deny The Motions For Reconsideration Due Lack Of Substantial Issues And Arguments Raised By Petitioners More Than Three Dozen Suits Members Maintained Their Votes In December , Ritten By Now Retired Philippine Judicial Academy Chancellor Rosmari Carandang The Final Copy Of Decision Has Yet To Be Released As Posting Time In December , He Sc Upheld The Validity Of Law Except For Two Provisions Aside From Portions Sections 4 And 25 , Ll The Other Challenged Provisions Of Ra 11479 Were Deemed Constitutional Section 4 Deals With Excluding Mass Actions And Similar Exercise Civil Political Rights From Definition Terrorism While 25 Is About Requests By Foreign Agencies Or Bodies To Designate Persons As Terrorists Terrorist Organizations Sc Voted 12 3 Declare Unconstitutional Qualifier Portion That States Quot Which Are Not Intended Cause Death Serious Physical Harm Toa Person , O Endangera Person 39s Life , R To Createa Serious Risk Public Safety Quot This Qualifier The Proviso In Section 4 Is Declared As Unconstitutional For Being Overbroad And Violative Of Freedom Expression , Uot The Court Said Likewise Stricken Down Bya Vote Of 9 6 Wasa Portion Section 25 , Aragraph 2 Which Allows Quot Request For Designations By Other Jurisdictions Or Supranational May Be Adopted The Atc Anti Terrorism Council After Determination That Proposed Designee Meets Criteria Designation Of Unscr No 1373 Among Provisions , He United Nations Security Council Resolution Urges Members To Quot Find Ways Of Intensifying And Accelerating The Exchange Operational Information , Specially Regarding Actions Or Movements Of Terrorist Persons Networks Forged Falsified Travel Documents Traffic In Arms , Xplosives Or Sensitive Materials Use Of Communications Technologies By Terrorist Groups And The Threat Posed Possession Weapons Mass Destruction Quot This Year 39s Sc Summer Sessions Are First Since Coronavirus Pandemic Broke Out In March 2020 Under Chief Justice Alexander Gesmundo , Ho Was Appointed On April 5 , 021 Pna ,

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