G.R. No. 252578, December 7, 2021
ATTY. HOWARD M. CALLEJA, ET AL., PETITIONERS, VS. EXECUTIVE SECRETARY, ET AL., RESPONDENTS. (Consolidated Cases: G.R. Nos. 252579, 252580, 252585, 252613, 252623, 252624, 252646, 252702, 252726, 252733)

FACTS

Multiple petitions were filed challenging the constitutionality of Republic Act No. 11479, also known as the Anti-Terrorism Act of 2020. The petitioners include individuals, party-list representatives, labor groups, and civil society organizations. They assail the law on various constitutional grounds, arguing that its provisions are vague, overbroad, and infringe upon fundamental rights such as freedom of speech, expression, association, and the right to due process. The respondents are various government officials and bodies tasked with implementing the law.

ISSUE

The central issue is whether Republic Act No. 11479 (The Anti-Terrorism Act of 2020) is unconstitutional.

RULING

The Supreme Court, in a Decision penned by Associate Justice Rodil V. Zalameda, declared most of the challenged provisions of the Anti-Terrorism Act of 2020 as NOT UNCONSTITUTIONAL. However, the Court struck down two specific provisions as unconstitutional:
1. The qualifier portion of Section 4 of the law, which stated, “…which 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,” is declared VOID for being overbroad and violative of freedom of expression.
2. The second method for designation in Section 25 paragraph 2, which allowed the Anti-Terrorism Council to designate individuals or groups as terrorists upon a finding of probable cause, is declared VOID for violating the constitutional separation of powers, as it constitutes an undue delegation of judicial power to the executive branch.
The Court upheld the other challenged provisions, including those related to surveillance, detention without judicial warrant of arrest, and the definition of terrorism, finding them with sufficient safeguards and not unconstitutional. The petitions were partly granted.