SC starts public consultations on anti-terror rules

by Neil JaysoN servallos Philstar.com

MANILA — The Supreme Court (SC) has commenced public consultations for the governing rules on anti-terrorism cases in relation to the Anti-Terrorism Act of 2020, an undertaking that the high court intends to use in protecting the public against potential abuses by state agents.

Chief Justice Alexander Gesmundo said on Wednesday, May 3 the SC’s Ad Hoc Committee for the Formulation of the Special Rules of Procedure on Anti-Terrorism Cases, headed by retired chief justice Reynato Puno, has submitted its proposed draft of the governing rules to the high court for review and deliberation.

While the court deliberates on the draft, the SC is holding public consultations, starting with the dialogue on anti-terrorism and counterterrorism financing cases, in Cebu, which began on Wednesday and was to run until Friday, May 5.

During his keynote address on the first day of the dialogue, Gesmundo said the ad hoc committee was able to strike the right balance against competing interests and considerations surrounding handling anti-terror cases in the judiciary.

For example, the Chief Justice noted that while the Anti-Terror Law introduced an “important” preventive philosophy that penalizes inchoate offenses, he said such preventive approaches “come with the danger of state abuses brought about by overzealous law enforcement.”

“To address this conundrum, the Court found it necessary to promulgate a procedural framework both to demarcate a zone of legitimacy for acts by law enforcers as well as to delineate judicial reliefs against potential abuses of state agents. Creating a procedural framework to balance effective law enforcement and protection of fundamental rights is akin to walking a legal tightrope,” he said.

“Procedures that lean heavily in favor of law enforcement will expose the fundamental rights of persons to the danger of abuses; while those that lean intensely in favor of liberties will expose the population’s lives and safety to the devastating effects of terrorism,” the chief magistrate said.

“In this context, the Rule of Law, as expressed in the proposed judicial rules on anti-terrorism cases, aims to protect the public’s right to life and safety and the individual civil liberties – both essential for the enjoyment of the blessings of democracy as espoused by the Constitution. After all, public interest is but an aggregate of private interests – all of which deserve equal protection,” he added. n

PH crime rate down in...

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Maranan explained that police visibility has been proven as a crime deterrent over the years.

He emphasized the importance of the cooperation of the barangay officials in maintaining peace and order.

He said that strong coordination between the police and the community lies on the cooperation between the two, adding that it is the police commanders who are given the task to initiate it.

“The PNP cannot deploy policemen in each of the barangay. What we do is to

Associate Justice Alfredo Benjamin Caguioa, 2022 Bar chairperson, moved to petition for the admission of the successful examinees. Chief Justice Alexander Gesmundo approved their admission.

A total of 3,992 examinees passed the 2022 Bar exams, yielding a passing rate of 43.37%.

The new lawyers recited the new oath—and is the first batch to do so—that was approved under the recently launched Code of Professional Responsibility and Accountability that updated the guide of the conduct and ethics of lawyers across the country.

Senior Associate Justice Marvic Leonen earlier said the lawyer’s oath was updated to include the most important duty of their profession, which he said, is “to do justice or to even ensure access to justice.”

Message to new lawyers

Caguioa started his message by asking the examinees to remember those who stood by them until they reached this stage.

Caguioa then reminded the Bar passers that the practice of law “is not so much winning, as if that’s the only way to go, rather it is achieving justice in a way that is beneficial to all.”

The Bar chair stressed that in their practice, both parties represent people with stories too and they must thread gently and compassionately.

“Good lawyers must also be true to themselves as to others and in that honesty, navigate legal problems with creativity, innovation and a healthy imagination of how a resolution can help all,” he said, adding that their courage must be “fueled by love of country, of the law, of others.”

The Bar chair, in his message, also recognized the 24 examiners, top law schools with highest passing percentage and the top 30 passers. He also thanked the deans of the schools that served as local testing centers in last year’s exams, and the SC offices that made its conduct a success.

The 2022 Bar examination was held in four days, within a two-week period in November. This was the second localized— held in 14 testing centers across the country—and digitized examinations.

Associate Justice Ramon Paul Hernando, who will serve as the chairperson of the next Bar exams, also delivered an inspirational message and told the new lawyers that the membership in the Bar is not a self-centered occupation, and that their success is not measured on money or fame or awards.

“In truth, the true golden laurel rests in the lives and livelihood that were secured rights that were protected, the injustices that were rectified and justice that was served,” he continued. Hernando also reminded them to use social media responsibility, guide of which has been included in the CPRA. “Be careful what you click. TikTok wisely. Keep a clean profile. Call out improprieties in Facebook pages and lawyer groups,” the justice said. n