UMATRAS si Albay Rep. Joey Salceda bilang author ng kontrobersyal na Anti-Terrorism law (House bill 6875).
Sumulat si Salceda kay House Secretary General Jose Luis Montales upang bawiin ang kanyang “yes vote” nang ipasa ang HB 6875.
“While, on balance, I see the general wisdom of strengthening our national security protocols, I reiterate in writing the reservations that I have already expressed to some of my colleagues,” ani Salceda.
Ang HB 6875 ang ipapalit sa Human Security Act of 2007 na magpapalawak sa depenisyon ng mga ikokonsiderang act of terrorism.
“This representation voted yes with reservations because while the bill would help law enforcement in prosecuting suspects, some definitions must be tightened to ensure the protection of the rights of the people. Provisions inconsistent with human rights and the 1987 Constitution must also be amended.”
“First, HB No. 6875 defines the acts of terrorism, ranging from endangering a person’s life to mere planning to committing such an act, where the accused could face a sentence equivalent to life imprisonment without parole. Unfortunately, the provisions on “threat” under Section 5, “Preparing” under Section 6, and “recruitment to and membership in a terrorist organization” under Section 10 are vague and could give rise to various interpretations.”
Ikalawa ay maaari umanong malabag ng panukala ang right to privacy ng isang tao na taliwas sa desisyon ng Korte Suprema.
“Third, the creation of the Anti-Terrorism Council (ATC) composed of Cabinet officials to do functions otherwise reserved for courts, i.e. ordering the arrest of people suspected to be terrorists, would be inconsistent with the principle of separation of powers and would be a violation of the Constitutional powers of the judiciary. Further, since the ATC will be composed of the implementers, its members could not possibly be objective in its decision. Montesquieu would be pained.”
Taliwas din umano sa Konstitusyon ang pagkulong sa isang tao na pinaghihinalaang terorista ng 14 na araw na maaaring palawigin ng 10 araw pa nang walang isinasampang kaso.
“This representation hopes that the pertinent provisions can be refined. While police power is vested in the state, this needs to be implemented within the context of the social contract, where the people reign supreme.”
Tinanggap ng Kamara de Representantes ang bersyon ng Senado kaya walang magaganap na bicameral conference committee meeting kung saan maaari itong muling pag-usapan at baguhin.
“I thus request the Secretary-General to withdraw the “yes” vote that I was recorded to have made, and register an abstention.”
Ang panukala ay inaprubahan sa botong 173-31 at 29 abstention.
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