The Anti-Terror Bill of 2020 still awaits the signature of Duterte and people on both sides of the issue continue to either belittle or promote the bill.
In an interview with GMA Senatr Bato brought up the story of
Mohammad Kiram Reza as proof that the Anti-Terrorism Bill prevent terrorism. A fuller version of this story was given last year.
In his recent co-sponsorship speech of Senate Bill 1083, the Human Security Act of 2019, Senator Ronald dela Rosa said that they have apprehended Reza as a suspected terrorist when he was still Davao City Police Director in December 2013
“We have monitored all of his moves. Including that of an occasion when he, together with his wife and son, visited the hotel room of a known Jemaah Al Islamiya member and Malaysian suicide bomber named Mohammed Nor Fikrie. Fikrie was later neutralized by my SWAT team when he was about to detonate himself inside a crowded restaurant in Davao City,’’ he said.
“However, since the military and police intelligence could not provide us sufficient evidence to prove his terrorist activities before the lapse of the allowable detention period, we were forced to release him. If only we had been allowed then to detain him for at least a week in order to build a solid case against him as a terrorist, he would not have had the opportunity to commit more terror acts,’’ he pointed out.
Dela Rosa said the country’s existing law against terrorism is “so soft that it is almost tantamount to tolerance.’’
“The most advanced weaponry budget can provide is worthless if our law enforcers’ hands are tied because the law restricts them to be more aggressive in their cause against terrorism. It is the terrorists that should fear the law and not our law enforcers who are always under threat of lawsuits for violating rights of suspected terrorists,’’ he added.
So the authorities knew all the man's movements, knew he fraternized with terrorists, and yet were unable to build a case against him? He must have been under surveillance for quite a while so why were they unable to build a case against him? On what basis then does Bato claim they could have built a solid case if they had been allowed to hold him for at least a week?
It's also funny that Dela Rosa laments that the law restricts the AFP and PNP "to be more aggressive in the cause against terrorism." Aggressive is exactly how they should be! Perhaps it's being less aggressive which is why the insurgency has lasted for 50 years.
In this story Bato has unwittingly exposed the incompetence of the military and police intelligence services. Senator Lacson continues this trend of exposing the incompetence of the AFP and PNP while defending the bill.
The Marawi siege of 2017 could have been prevented had the proposed Anti-Terrorism Act of 2020 been in effect at that time, Senator Panfilo Lacson has said.
During an online forum of the League of Provinces of the Philippines on Thursday, Lacson, who sponsored the controversial bill in the Senate, said the Philippines cannot afford to have another crisis similar to the Marawi battle, a five-month campaign to recapture the bombed out city from Islamic State-linked gunmen.
Lacson pointed out that the anti-terror bill includes provisions against “inchoate offenses.”
An inchoate offense is a “preparatory act punishable even if the desired result of such act has not occurred yet, thus making it an independent crime itself.”
Thus, under Section 6 of the Anti-Terrorism Bill, planning, training, preparing and facilitating the commission of terrorism, which are acts performed towards the accomplishment of terrorism, are penalized.
“Had this measure been in effect earlier instead of the 2007 Human Security Act (HSA), the Marawi Siege could have been prevented. For one, a new feature under this bill is to make punishable inchoate offenses, something not present under the present Human Security Act of 2007,” Lacson said.
Lacson also said that while there is Terrorism Financing Prevention and Suppression Act of 2012, the country still has no mechanism to prevent the financing of terrorist activities.
“The Anti-Terrorism Bill has a mechanism to trigger a freeze order by the Anti-Money Laundering Council upon the request of the Anti-Terrorism Council,” Lacson said.
Lacson also said that certain provisions in the Anti-Terrorism Bill will allow authorities to act on intelligence reports on potential terrorist activity.
“What happened in Marawi was not lack of intelligence; they had enough intelligence but they could not act because the HSA of 2007 is toothless and rendered a dead-letter law” he said.
“The loss of hundreds of lives and the massive destruction of properties could have been prevented in Marawi City with an Anti-Terrorism Law stronger and more effective than the toothless dead-letter law like the Human Security Act of 2007,” he added.
It's ridiculous how Bato and Lacson both condemn the HSA as being "toothless" and "soft" because when it was passed it was hailed as a strong law which would end terrorism and keep the country safe. Are we really to believe that the Congress knowingly passed a "toothless" and "soft" law? No. The problem is not the law. The problem is the incompetence of those charged with enforcing the law.
It seems Lacson is saying that the HSA does not contain provisions against planning terrorism. That is a lie.
SEC. 4. Conspiracy to Commit Terrorism. — Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. — Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a).
https://www.officialgazette.gov.ph/2007/03/06/republic-act-no-9372/
Has Lacson read the HSA of 2007? Conspiring to commit terrorism and knowing about a conspiracy to commit terrorism but concealing it is a crime under the HSA. Planning to commit terrorism without actually committing terrorism is a crime. The HSA provides for that. So how exactly would the new Anti-Terrorism Bill of 2020 change anything? It won't be the end of the world or even the end of freedom in the Philippines if Duterte signs the bill into law but it also won't be the end of terrorism. If the government wants to end the insurgency they need a competent military and police force.
Is he really serious that the AFP and PNP could not act on the intel they had about the planned Marawi siege because of HSA 2007? That is patently ridiculous! The fact is they FAILED to act on the intel they had and despite knowing the threat was imminent the top AFP brass as well as PNP Chief Bato accompanied Duterte on his trip to Russia. Why did they fail to act? That is a question which could be solved in a Senate hearing but the Senate refuses to conduct such an investigation so we will probably never know.
However one activist has responded to Lacson by challenging him to open an investigation of the Marawi siege.
Disputing Lacson, Maranao leaders said it was not the absence of an anti-terror law that allowed militants to lay siege on Marawi but the failure by authorities to read signs of the imminent threat.
“The Marawi siege happened because the government underestimated the capacity of the combined Maute and Abu Sayyaf groups to stage a war none would have expected,” said Bangsamoro parliament member Zia Alonto-Adiong.
“It’s not (even) about a lack of intelligence (gathering), rather, a failure to appreciate what seemed to be a clear and present danger,” Adiong added.
Adiong noted that prior to the siege, the militants, mostly belonging to the Maute Group, staged attacks on the towns of Butig and Piagapo in Lanao del Sur.
“These encounters should have been treated as clear signs that something bad was about to happen,” Adiong said.
Maranao activist Drieza A. Lininding, chair of the Moro Consensus Group, told the Inquirer that it is “lamentable that Sen. Lacson is justifying the proposed Anti-Terrorism Act based on a wrong accounting of events.”
He challenged Lacson to initiate a Senate inquiry on the Marawi siege to ferret out the truth about the incident in 2017 that led to the destruction of the city’s commercial district.
He also urged government to “first lay bare the chronology of events leading up to the Marawi siege” and stop using it to justify the enactment of “a horrific law.”
In a social media post on Friday, June 26, Lininding wrote a short open letter to Lacson urging for a Senate inquiry on the Marawi siege “so that you and the people will know if an anti-terror law (at that time) would have been helpful.”
Adiong and Lininding are saying exactly what I have been saying for three years now. Lininding's open letter reads as follows:
Dear Senator Lacson,
Before you use the 2017 Marawi Siege Justice to pass the Anti-Terror Bill, let's have a Senate Inquiry first, how did Siege happen to know that you and the People of the Town if Anti-Terror Law can help? How many months before the Siege happened, there was a Butig siege and actually AFP declared a Winner (Victory) against MG-ISIS but why did Marawi still happen? Despite itself the President has a direct negotiation on their review of his speech in Lumbayanague on November 2016 and President MIsmo first warned the Maute's plan to enter Marawi December 2016, the government knows the plan Their, But before May 23,2017? We ask how many soldiers are there in Marawi and How many policemen are there? Do you know they are going to school? But it seems that there is no preparation? Why? You just used us Houses and Properties and Life until now we are weak? To spark and declare Martial Law, you haven't gotten tired of using our sad sincerity?
The solution to Terrorism is to prevent the injustices and Abuse of Minority like us Moroes. There are many people who are killing us, including those who are affected by evidence, now the Duterte Admin can count the massacre here in Bangsamoro who are not charged and the Painful Government Enforcers are the culprits, it seems that there is no value in our lives that we are always sacrificing, but there is no anti-anti-anti-anti - terror law, so many victims of samim, what if it is passed? You have a license to do who you think is a Terrorist?
https://www.facebook.com/drieza.lininding.1/posts/1142669099437020
Hopefully the Senate takes up the challenge and holds an inquiry.
One of the most contentious portions of this bill is the provision for wantless arrests which can last for up to 24 days. The government rejects the idea that such arrests are unconstitutional.
In a webinar hosted by the Management Association of the Philippines, Lacson said that the provision of the proposed Anti-Terrorism Act of 2020 on detention without judicial charges up to 24 days is actually Senate Minority Leader Franklin Drilon’s amendment.
He also said that Section 29 of the anti-terrorism bill had the same wording as Section 18 of the Human Security Act of 2007—the law that the looming anti-terrorism bill will replace—that he pointed out the Supreme Court did not strike down as unconstitutional.
“The 14-day period is a policy decision of Congress and it is not within the powers or authority of the [Anti-Terrorism Council] to order the detention of an arrested suspected based on valid and lawful warrantless arrest to be detained for 14 days,” Lacson answered when asked at the forum.
It is very interesting that the Supreme Court did not strike down as unconstitutional warrantless arrests provided for in the HSA since a court recently dismissed a case against a man because he was arrested without a warrant.
Paradeza granted the motion to quash filed by Mas, who cited three grounds: the court has no jurisdiction over him because the arrest conducted was unlawful; the facts charged do not constitute an offense; and the court hearing the case is deemed ousted of jurisdiction because of the serious violation of Mas’ constitutional rights.
“Considering that accused Mas had timely raised objection to the legality of his arrest before arraignment, and with the findings of this court that accused Mas was indeed unlawfully arrested, this court failed to acquire jurisdiction over his person,” Paradeza said.
National Bureau of Investigation (NBI) agents arrested Mas without a warrant in Sta. Cruz, Zambales and detained him for eight days at the NBI main office in Manila last May 11.
In this case a warrantless arrest was declared unlawful. How does this affect the philosophy behind warrantless arrests as provided for in the new Anti-Terror bill? It's not just wantless arrests per se that are the problem. The problem is a person can be arrested and held without charge for up to 24 days while the authorities build their case. If it has come to the point of arresting a person one would think a solid case has already been built and the government would not need a whole month to build one.
Perhaps one of the strangest defenses of the Anti-Terror Bill comes from the Imam Council of the Philippines.
A manifesto by the Islamic community states that through the Anti-Terrorism Bill, peace-loving Muslims will be finally protected and eradicate hate towards the Muslim faith.
Believing that terrorism and violent extremism are anathema to the Islamic faith, the Imam Council of the Philippines, Inc. (ICPI) and the Culture and Knowledge Forum (CKF), expressed strong support for the passage of the Anti-Terrorism Act of 2020.
In a manifesto of support issued by Aleem Said Basher, Chairman of the ICPI, and Kim Edres, President of the CKF, they stated that the worst victim of violent extremism and terrorism in the country is no less than the Muslims themselves.
“We are one with the billions of Muslims around the world who are consciously aware that terrorism and violent extremism are anathema to our Islamic faith, hence our earnest desire and efforts to help eradicate the same,” the statement reads.
The manifesto states that they firmly believe that the government, particularly the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), "would not weaponize the proposed Anti-Terrorism Act of 2020 against legitimate dissents, political opposition, let alone innocent civilian”.
They said that the Anti-Terrorism Bill, on the other hand, would “prevent and counteract the imminent threat of terrorism and violent extremism in our country,” giving the Muslim community a chance to “have a better world to share among our peoples, especially the next generations, regardless of faith, color and other social status”.
Who knew that "the worst victim of violent extremism and terrorism in the country is no less than the Muslims themselves?" I suppose a big reason for that is because Muslims frequently attack their own community. Again there are many claims made about the bill but no specifics given. Just how the bill will "prevent and counteract the imminent threat of terrorism and violent extremism" is not said. Many factors drive extremism including economic factors and the bill does not address those inequities.
Meanwhile the AFP continues to rack up small victories without the aid of a new law.
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A tip-off from Agusan del Sur villagers led government troops to a depot of bomb-making materials and ammunition belonging to the communist New People’s Army (NPA), a military official said Wednesday.
The troops recovered the bomb-making materials and ammunition in the hinterland village of Maasin, Esperanza town, Agusan del Sur on Tuesday morning, said 1Lt. Roel T. Maglalang, civil-military operations officer of the Army's 23rd Infantry Battalion.
“The citizens in the area saw the danger of these bomb-making materials. Farmers going to their farms usually pass very near the depot where explosive materials are deposited,” Maglalang told the Philippine News Agency (PNA).
He said upon reaching the area, government troops discovered firearms, bombs, ammunition, and subversive documents.
Among the war materiel recovered were 11 containers of ammonium nitrate, two blasting caps, 205 rounds of M-14 rifle ammunition, five magazines for M14 rifle, a roll of firing wire, NPA garments and shirts, and other pieces of evidence, Maglalang added.
The 11 containers of ammonium nitrate can produce 60 anti-personnel mines that could be deadly both to soldiers and civilians, he pointed out.
A cache of firearms and ammunition was discovered by a civilian on Saturday noon at an abandoned house in a remote village in Bulan town in Sorsogon, a top police official in Bicol said.
Brig. Gen. Anthony Alcañeses, Bicol regional director, said the recovered cache of firearms and ammunition consists of 10 M-16 rifles, 64 boxes each containing 40 pieces of 7.62mm ammunition used for AK-47 rifles, and 21 boxes of M-16 ammo GA556100.
Alcañeses said a civilian reported to the Bulan police station the discovery of the arms cache hidden at an abandoned house in Sitio Angas, Barangay Otavi at around 10 a.m.
The
AFP needs
more locals willing to snitch
. They also need to fight more.
Four suspected terrorists linked to the ISIS-inspired Daulah Islamiyah group were killed in a shootout with police officers and soldiers in Parañaque City Friday morning.
A report from Parañaque police chief Col. Robin Sarmiento identified the four suspects as Bensaudi Sali, 37; Merhama Abdul Sawari, 40; Rasmin Hussin; and Jamal Kamiling. Sarmiento said four suspects were allegedly linked to Daulah Islamiyah.
Sarmiento also noted that Sali is also a suspected member of the Abu Sayyaf Group.
Sarmiento said members of the Philippine National Police and the Armed Forces of the Philippines went to Sali’s house in Barangay Don Bosco to serve the search warrant issued against Sali at 12:26 midnight. The three other suspects were also inside the house.
The warrant was issued by Parañaque Regional Trial Court Branch 258 for violation of the Comprehensive Firearms and Ammunition Regulation Act.
The operation resulted in the shootout, police said.
Seized from the suspects were three blasting caps, wires, suspected explosives, two caliber .45 pistols with magazines and ammunition, two black ISIS flags, two hand grenades, an M16 rifle, and an electric match.
In a separate report, National Capital Region Police Office chief Major Gen. Debold Sinas said the four suspects were tagged as the financial conduits of Daesh-East Asia because of their connection with Daulah Islamiyah bomb expert Mundi Sawadjaan, who helped plan the Jolo Cathedral bombing in January 2019.
Add those four to the 28 killed since the beginning of the year.
The Armed Forces of the Philippines on Saturday reiterated its commitment to destroy the Abu Sayyaf Group (ASG), as it reported 28 ASG members were killed and 29 surrendered since January 1.
AFP Chief of Staff General Felimon Santos Jr. hailed the military's success, attributing it to "the strong support of the national leadership, interagency cooperation, and the soldiers' high state of morale."
"The AFP will sustain this momentum against the terror group so that once and for all, peace and development will be genuinely felt by our people,” he said.
With the quarantines easing many AFP soldiers are retiring to the fight against the NPA.
"Now that the number of areas on ECQ (enhanced community quarantine) that were placed on GCQ (general community quarantine) continues to increase, more and more AFP personnel can now be redeployed to further step up the tempo of focused military operations," Marine Brig. Gen. Edgard Arevalo said in a statement sent to reporters.
Arevalo said victories are possible once troop redeployment goes into high gear.
"If our current deployments have already been reaping success, we are confident that the fresh troops that will be brought back to the front lines will have (a) positive impact (on) our campaign against the CTG (communist terrorist groups) and the LTG (local terrorist groups). The AFP will pursue our operational initiatives against CTG and seize the momentum given the string of successes we had very recently," he added.
Arevalo’s statement came after military operations conducted on June 16 to 23 resulted in the death of 10 communist terrorists, including a New People's Army (NPA) leader operating in Oriental Mindoro and a member of the so-called "Morong 43".
"Meanwhile, around 22 CNT (communist New People's Army terrorists) and MB (Militia ng Bayan) surrendered or were captured. At least 26 firearms, an IED (improvised explosive device), four rifle grenades, two electronic devices, and USB flash drives containing important information about the terrorist organization were either seized or captured," he added.
How many other nations had a military response to the COVID-19 pandemic? It's best to get them back in the fight against the NPA and conduct an aggressive campaign against the communists and the Muslims. After all even Duterte says communism is the number one threat to the Philippines.
“Actually the number one threat to the country hindi (not) Abu Sayyaf, hindi ‘yung mga terorista (not the terrorists) of no value. Itong (These) high-value targets, ito ‘yung mgakomunista (these are the communists),” Duterte said, adding that it is the reason he has ordered the Armed Forces of the Philippines to be on the offensive.
He lamented how communists attacked government troops securing employees of the Department of Social Welfare and Development (DSWD) who were distributing cash aid to beneficiaries of the government’s Social Amelioration Program amid the coronavirus disease 2019 (Covid-19) pandemic.
“The fight against the NPAs has long been there. It started in the 50s hanggang ngayon nandiyan pa (still there until now). It has undermined the national security of the country, he said referring to the New People’s Army, the armed wing of the Communist Party of the Philippines (CPP).
Duterte expressed fears that if he does not do his duty as President of the country, like what others did during their time, the government “might just bargain away, place in jeopardy the democratic values that the Filipinos have enjoyed for the longest time”.
“Itong mga (These) forces arrayed against us -- Abu Sayyaf, mga terorista (terrorists) with no ideology, the Communist Party (CPP) with ideology but more pernicious ang effect which could undermine the peace and security of our country not only this administration, but it can transcend to the next generation, giving us no respite,” he added. “Maski kaunting pahinga lang na makinga lang man tayo (Even just ample time to breath).”
Duterte, who admitted to his anger towards communists, said there was never a time when he was mayor of Davao City that they mistreated an NPA prisoner in Mindanao.
“We don’t even allow the mosquitoes to bite them. May warning kami sa mga alimatok (leech) na huwag galawin ang mga NPA na bihag kasi baka tayo ang pagbintangan (not to hurt NPA captives because we might get the blame),” he added.
First of all the communist rebellion
did not start int he 50's. What he is referring to is the Hukbalahap Rebellion which started in 1942 and was put down in 1954. The current insurgency started in 1968 with the formation
of a the Communist Party of the Philippines by Joma Sison.
Second of all it's true that there was never a time when he was mayor of Davao that the NPA was mistreated. After
all Duterte was their best friend giving them millions and telling others to pay the NPA's extortion fees.
December last year, Duterte drew flak when his pronouncement during a visit at the Communist Party of the Philippines quoted him as saying that he pays revolutionary tax. A youtube video later circulated accusing him of giving P125 million as annual revolutionary taxes.
He clarified that he attended the CPP anniversary at a Typhoon Pablo-affected area where he gave some amount for the typhoon victims; the funds were sourced out from private donors. He said he merely kidded that the funds were the taxes that he would pay to NPAs, but because there was no barangay captain around to receive the donation, he coursed it through local NPA leaders.
In Thursday’s trade expo, Duterte said, “I can talk, but I can’t talk them out of their ideology. You have to realize the Communist Party is entering its 45th year here. You have to admit there’s been historical injustice committed on the people.”
Duterte said the national government should deal with the revolutionary groups by talking peace.
“Crimes I can deal with it. But with the revolutionary (groups), I give it to the (national) government, but here, I advised government not to make arrests of revolutionaries” he said.
As to the NPAs asking taxes he said “I cannot put it to a stop. So factor that in your investments. If you pay to the BIR (Bureau of Internal Revenue), you prepare also for the NPA.” Some participants giggled and smiled on this remark.
Without enablers like Duterte perhaps the NPA could have been weakened if not defeated in Mindanao?
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