ORIGINAL Republic of the Philippines SUPREME COURT Manila PHILIPPINE BAR ASSOCIATION, INC., Petitioner, G.R. No. _____ -versus- For: Prohibition THE EXECUTIVE SECRETARY, NATIONAL SECURITY ADVISER, SECRETARY OF FOREIGN AFFAIRS, SECRETARY OF NATIONAL DEFENSE, SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, SECRETARY OF FINANCE, SECRETARY OF JUSTICE, SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR, AS MEMBERS OF THE ANTI- TERRORISM COUNCIL, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF LT. GENERAL GILBERT GAPAY and PHILIPPINE NATIONAL POLICE CHIEF GENERAL CAMILO PANCRATIUS PASCUA CASCOLAN, Respondents. x--------------------------------------------------x PETITION FOR PROHIBITION WITH APPLICATION FOR ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND/OR WRIT OF PRELIMINARY INJUNCTION AND/OR A STATUS QUO ORDER Petitioner PHILIPPINE BAR ASSOCIATION, INC. ("PBA"), respectfully states: Preliminary Statement The Anti-Terrorism Act of 2020 ("Anti-Terrorism Act") is an excessive and invalid exercise by the state of its Police Power. Its unreasonable, arbitrary and oppressive provisions, not to mention their repugnance to the Constitution, do not only provide opportunity for abuse. They are certainly bound, wittingly or unwittingly, to be abused by law enforcers. Consequently, the law intensifies the fear and tension that is now gripping this nation. The people's liberties and their right to security - "to be free from fear"1 -­ are under siege. Hence, the need for a principled stand. In the midst of this pandemic which has forced all of us to shelter in place, we are confronted with elite commandos clad in full battle gear complete with deadly high-powered weapons of war accompanied by armored personnel carriers. They roam our streets purportedly implementing law and health protocols.2 In Cebu City, hundreds of Special Action Forces commandos3 were sent from Camp Crame to the city to enforce strict quarantine measures, while military tanks paraded the streets purportedly for the same purpose.4 Meanwhile, eight activists who protested what was then the Anti­ Terrorism Bill were arrested at their school campus.5 In Quezon City, a law enforcer guns down in cold blood an unarmed citizen purportedly for violating health protocols and for getting into an argument with him. 6 In Bulacan, eleven law enforcers kidnapped Secretary of National Defense v. Manalo, G.R. No. 180906, 7 October 2008, 568 SCRA 1. In the present context, one's fear is not limited only to one's liberty and life and property, it too embraces the fear that the people might eventually learn to distrust their government and bring this country to perdition. 2 Caliwan, Christopher Lloyd, Philippines News Agency, PNP deploys SAF troops in NCR areas with high ECQ violations, accessed at https:/ jwww.pna.gov.phj articles/1100486 (last accessed on 14 August 2020); Caliwan, Christopher Lloyd, Philippines News Agency, SAF troops to help enforce ECQ in Cebu Citt;, accessed at https:/ j www.pna.gov.ph/ articles/1106957 (last accessed 14 August 2020). 3 Semilla, Nestle, Inquirer.net, Police commandos pull out from Cebu Citt;, 6 August 2020, accessed at https:/ j newsinfo.inquirer.net/ 1317355 I police-commandos-pull-out-from­ cebu, (last accessed 14 August 2020). 4 Gonzales, Cathrine, Inquirer .net, "No harm" in presence of military tanks during pandemic - Cebu Citt; mayor, 2 July 2020, accessed at https:/ / newsinfo.inquirer.net/ 1300818/ no-harm­ in-presence-of-military-tanks-during- pandemic-says-cebu - city-mayor, accessed on 14 August 2020. s Mayol, Ador Vincent, and Semilla, Nestle, Inquirer.net, Terror bill protests: Cebu cops arrest 8 inside UP campus, 6 June 2020, accessed at https: j j news info .inquirer.n et/ 1287133/ terror-bill-protests-cebu-cops-arrest-8-on-u p­ campus#ixzz6V4R6cW15, (last accessed 14 August 2020). 6 Ferreras, Vince, and Cahiles, Gerg, CNN Philippines, Retired soldier shot dead by police at checkpoint in Quezon City, accessed at https:/ j cnnphilippines.comj news/ 2020/ 4/ 22/ Retired-soldier-shot-dead-by-police-html (last accessed 28 August 2020). 2 f> and executed six (6) innocent citizens.7 In another town in Bulacan, law enforcers confiscated thousands of supposedly "illegal" magazines of a progressive organization, as it "teaches people to fight the government,''8 and arrested several individuals who were at the place of the raid without warrant.9 In Malaybalay, law enforcers deemed protests to the closure of media company ABS-CBN as support for terrorism. They posted on social media the following: "Malalaman mong sila ay para sa terorismo. Papatulan lahat ng isyu, basta laban sa gobyerno (You know they support terrorism when they protest on all issues against the government). No to rebellion. No to terrorism."10 Recently, here in Metro Manila, an activist and National Democratic Front of the Philippines peace consultant, Randall "Randy" Echanis was killed when his house was raided apparently by law enforcers while he was undergoing medical treatment. He was unarmed.11 The law enforcers seized and took custody of his remains.t2 On top of all this forbidding events, the President, the Commander-in-Chief himself, dared medical workers and frontliners to stage a revolution against him as this will give him a free ticket to stage a counter-revolution.13 Not to be outdone, the newly-stalled AFP Chief of Staff proposed to regulate the use of social media to curb radicalism through the Anti-Terrorism Act.14 Ironically, law 7 Please see August 13, 2020 issue, Philippine Daily Inquirer. See also Pazzibugan, Dona Z., Inquirer.net, NBI tags 11 Bulacan cops for killing 6 in fabricated' drug bust, accessed at https://newsinfo. inquirer.net/1320916/nbi-tags-11 -bulacan-cops-for-killing-6-in-fabricated-drug­ bust (last accessed 4 September 2020). 8 Recuenco, Aaron, Manila Bulletin, Police confis cates thousands of'subversive weekly magazine in Bulacan", accessed at https:/ / mb.com.ph/ 2020/07/ 27 jpolice-confiscate-thousands-of­ subversive-weekly-magazine-in-bulacan/, (last accessed 14 August 2020). 9 Talabong , Rambo, Rappler, PNP confiscates progressive magazine after Anti-Terror Law takes effect, 26 July 2020, accessed at https:/ / rappler.comj nationjpnp-confiscates-progressive­ magazine-after-anti-terror-law-takes-effect, (last accessed 14 August 2020). 10 Lagsa, Bobby, Rappler, Malaybalay police under fire for social media post equating protest to terron·sm, 18 July 2020, accessed at https:/ / rappler.comjnation/ mindanao/malaybalay­ police-under-fire-social-media-post-equating-protest-terrorism, (last accessed 14 August 2020). 11 Tiangco, Minka & Antonio, Raymund, Manila Bulletin, NDFP peace consultant Randy Echanis killed in QC, 10 August 2020, accessed at https:/ / mb.com.ph/ 2020/ 08/ 10/ ndfp­ peace-consultant-randy-echanis-killed-in-qc/ (last accessed on 14 August 2020). A couple of weeks ago, an organized group invoking the name of the President has publicly announced this aim to establish a revolutionary government in defiance of the Constitution. 12 Ramos, Mariejo S., Inquirer.net, Slain peace talks adviser's kin, PNP in tug of war for body, Inquirer, 12 August 2020, accessed at https:/ / newsinfo.inquirer.net/ 1320291/ slain­ peace-talks-advisers-kin-pnp-in-tug-of-war-for-body (last accessed on 14 August 2020). 13 Ranada, Pia, Rappler, Piqued Duterte taunts doctors to mount 'revolution' against him, 3 August 2020, accessed at https:/ / rappler.com/ nation/ piqued-duterte-taunts-doctors-to­ mount-revolution-against-him (last accessed on 14 August 2020). 14 CNN Philippines Staff, CNN Philippines, New AFP Chief to propose social media regulation under the Anti-Terrorism Act, accessible at 3 enforcers themselves have been actively and habitually spreading "false claims and misleading content that incite hate against activists and critics" through their social media accounts.l5 These incidents are not isolated. We can go on and fill these pages with a catalogue of similar violations and threats to the people's liberties and right of security by law enforcers themselves. These particular events, however, would suffice to demonstrate that the Filipino people face great uncertainty and live in a climate of constant fear with the rampant threat of civil and political liberties' violations. The Anti-Terrorism Act, which was passed during an extraordinary time of pandemic, heightens the fear of the people, who now experience this fear on a full scale. In this kind of environment, the people are only too aware of the mischief resulting in the implementation of the Anti-Terrorism Act. In fact, a record of twenty-nine (29) Petitions16 from various sectors have been filed before this Honorable Court assailing the law. The people truly have no other recourse but to take refuge before this Honorable Supreme Court. This Petition respectfully calls upon the Judiciary to assert its shared role and responsibility in the proper ordering of society to restore to the people and secure them their rights under a society free from any fear where liberty is the norm and not the exception.17 Nature of the Petition 1. This is a Petition for Prohibition under Rule 65 of the Rules of Court praying for the issuance of a Writ of Prohibition commanding the Respondents to desist from implementing the provisions of Republic Act No. 11479 otherwise known as the Anti­ Terrorism Act of 2020 ("Anti-Terrorism Act") on the ground that the said law is unconstitutional. https:l I cnnphilippines.coml newsl2020I Bl 41 Anti-Terrorism-Act-social-media­ regulation-AFP-Gapay.html (last accessed on 14 August 2020). 1s Rappler Research Team, Rappler, With anti-terror law, police-sponsored hate and disinfonnation even more dangerous, 14 August 2020, accessed at https: I I rappler.coml newsbr eakI investigative/ anti-terror-law-state-sponsored-hate­ disinformation-more-dangerous (last accessed 14 August 2020). 16 As of 2 September 2020, per this Honorable Court's Judicial Records Office. 17 See Rep.