Anti-Terrorism Act takes effect on Saturday

July 17, 2020

The Anti-Terrorism Act of 2020 takes effect Saturday as it has been published  15 days ago in the Official Gazette or in at least two newspapers of general circulation, on July 3, the Department of Justice said Friday.

Justice Secretary Menardo Guevarra said the effectivity clause of the Anti-Terrorism Law states the “Act shall take effect 15 days after its publication in the official gazette ... Considering that the law was published on July 3, it will take effect on July 18, which is the 15th day.”

Guevarra said the law takes effect without implementing rules and regulation because its promulgation “is not a condition for the effectivity of the law.”

“The law will take effect even without the IRR because the promulgation of the IRR is not a condition for the effectivity of the law,” he said, adding that “some provisions (of RA 11479) are self-executing, like the organization of the Anti-Terrorism Council.”

“But there are provisions where operation details need to be spelled out or standards clearly defined in the IRR for a proper implementation of the law,” Guevarra said,. 

Guevarra said  the DOJ and the Anti-Terrorism Council, in consultation with law enforcement agencies and military institutions, will promulgate the IRR for the implementation of the law within 90 days. 

“We’re just about to start drafting the IRR. We have to finish this in 90 days. The IRR will likewise have to be published when it is done,” Guevarra said.

Guevarra said protests are not covered by the definition of terrorism under Section 4 of the Anti-Terrorism Law, “as long as they 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.”

Guevarra admitted that this is an area that the proposed IRR may have to look into deeply.

“In addition, and as precautionary measure, any such protest action should necessarily comply with local ordinances and existing health protocols, considering that the NCR (National Capital Region) is still under GCQ (general community quarantine),” he said.

Rallies and mass actions are expected be held against the controversial law and in a run-up to President Rodrigo Duterte’s 5th State of the Nation Address (SONA) on July 27. DMS