Aug 21, 2020 @ 14:53

Estelito Mendoza volunteers self as “amicus curiae” in SC oral args on ATA

Former solicitor general Estelito Mendoza has asked the Supreme Court to allow him as “amicus curiae” (friend of the court) during oral arguments on multitude of petitions questioning the legality of the massively-controversial Anti-Terrorism Act of 2020.

In a 29-page petition, Mendoza said that” he comes to court to seek leave to appear in this case as amicus curiae in the belief that he may assist the court in the resolution of the issues presented in the various petitions.”

As of this writing, a total of 29 petitions have been filed before the high court, questioning the legality of some provisions of, or the entirety of the law since it was signed by President Duterte last July 3.

But in his petition, Mendoza expressed belief that the high court should dismiss the petitions for lack of “actual controversy involving a legally demandable and enforceable right.”

“The petitions do not sufficiently allege, much less show, that the petitioners have committed any act in violation of the Anti-Terrorism Act thereby creating an ‘actual controversy’ involving a legally demandable and enforceable right for the exercise of judicial power under Section 1, second paragraph, of Article 8 of the Constitution, ” Mendoza’s petition read.

Duterte signed a stricter anti-terrorism bill, condemned by critics and rights groups as a weapon to target opponents and stifle free speech.

Duterte has defended the law, saying law-abiding citizens should not fear as it targets terrorists including communist insurgents.

The highly contested provisions of the law are the following:

• section 4 – definition of Terrorism;
• section 5 – the threat to commit terrorism;
• section 6 – planning, training, preparing and facilitating the commission of terrorism;
• section 9 – inciting to commit terrorism;
• section 10 – recruitment to and membership in a terrorist organization;
• section 11 – foreign terrorist;
• section 12 – providing material support to terrorists.
• section 25 – designation of terrorist individual, groups of persons, organizations or associations;
• section 26 – proscription of terrorist organizations, associations or group of persons;
• section 27 – preliminary order of proscription
• section 29 – detention without judicial warrant of arrest.

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