Tougher anti-terror law better than anti-subversion revival

By Filane Mikee Cervantes

August 20, 2019, 7:40 pm

<p><span data-contrast="auto">Senator </span><span data-contrast="auto">Imee</span><span data-contrast="auto"> Marcos. <em>(File photo)</em></span></p>

Senator Imee Marcos. (File photo)

MANILA – Senator Imee Marcos said Tuesday that updating the country’s anti-terrorism law would provide a “stronger legal instrument” than reviving the anti-subversion law to punish crimes committed in the name of ideology, religion, politics, or economic gains. 

Marcos described the anti-subversion act as a “relic of the Cold War-era”, as she opposed its revival amid mounting calls from military and police supporters to fight insurgency. 

"It is not ideology but criminal acts that should be punished," she said in a statement. 

Marcos said she filed a bill known as the Anti-Terrorism Act of 2019, which seeks to increase the liability of crimes listed in the Human Security Act. 

The bill provides for a possible death penalty for rebellion, insurrection, coup d’état, arson, kidnapping, and hijacking, among others. 

The bill considers forms of terrorism, other violent or premeditated acts that intend to sow fear and panic among the public, threaten the government, or disrupt public services. 

It also considers new modes of promoting and committing violence using computer technology, educational institutions, and chemical, biological, radiological, and nuclear material.  

Meanwhile, Department of the Interior and Local Government (DILG) Secretary Eduardo Año stood by his proposal to revive the anti-subversion law to put an end to the communist insurgency. 

Año noted that the Communist Party of the Philippines (CPP), its armed wing the New People’s Army (NPA), and its front organizations have been in an organized armed conspiracy for the past 50 years to overthrow the duly-elected government, not only by force or violence but also by deceit, propaganda, and other illegal means. 

Philippine National Police (PNP) Chief, Gen. Oscar Albayalde, has also supported the reinstatement of the anti-subversion law, as it will lead to the natural death of the local armed communist insurgency movement. 

He said the repeal of the law had emboldened the CPP-NPA to wage its campaign of terror across the country while at the same time strengthening its political base and legal fronts. 

The Anti-Subversion Act or Republic Act (RA) 1700 was passed in June 1957 during the presidency of Carlos Garcia.

It declared the CPP illegal as an organized conspiracy to overthrow the government for the purpose of establishing in the Philippines a totalitarian regime. 

During the martial law period, RA 1700 was expanded through Presidential Decree (PD) 885 in 1976 and PD 1835 in 1981. These decrees made it a subversive criminal act to be affiliated with a group and attend a meeting or take part in any activity meant to overthrow the government with the open or covert assistance and support of a foreign power. 

During her presidency, Corazon Aquino issued Executive Order 167, series of 1987 repealing PDs 1835 and 1975 and reviving RA 1700. 

In 1992, then president Fidel Ramos signed RA 7636 repealing RA 1700. (PNA)

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