SC releases rules on Anti-Terrorism Act, to take effect on Jan. 15

Metro Manila (CNN Philippines, January 1) — The Supreme Court has issued procedural rules for petitions and applications concerning the Anti-Terrorism Act of 2020 that will take effect on Jan. 15.

In its resolution dated Dec. 5, the SC said there was a need to issue rules to implement further the Anti-Money Laundering Act as amended, Anti-Wire Tapping Act of 1965, and other laws pertaining to terrorism that would «balance the State's duty to safeguard the lives and safety of the people with the need to protect individual civil liberties from abuses.»

«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,» the high court said in a statement Monday.

The court said the approved rules would apply to those seeking to get judicial relief from their designation as terrorist by the Anti-Terrorism Council (ATC) and the issuance of any freeze order by the Anti-Money Laundering Council (AMLC) as a result of their designation.

According to the rules, the Court of Appeals (CA) may issue a preliminary order of proscription within 72 hours from the filing of a verified petition by the justice secretary, provided the petitioner showed probable cause «that such is necessary to prevent the commission of terrorism.»

The order empowers the AMLC to investigate the bank deposits of those accused and freeze their assets and properties, the SC said.

The rules said the CA would then conduct hearings and decide the petition within three months. If the petitioner established clear and convincing evidence against the accused, the CA will issue a permanent order of proscription that would be effective for three years.

The SC also said law enforcement agents or military personnel are required to secure a prior written surveillance order from the CA to secretly wiretap and collect information from communications between those suspected of terrorist acts.

The high court added that the guidelines set the grounds, content, and effectivity for the issuance of