G.R. No. 252578 - Separate Concurring and Dissenting Opinion

G.R. No. 252578, December 7, 2021,
♦ Decision, Carandang, [J]
♦ Concurring and Dissenting Opinion, Gesmundo, [CJ]
♦ Concurring and Dissenting Opinion, Perlas-Bernabe, [J]
♦ Concurring and Dissenting Opinion, Leonen, [J]
♦ Concurring and Dissenting Opinion, Caguioa, [J]
♦ Separate Opinion, Lazaro-Javier, [J]
♦ Separate Opinion, Inting, [J]
♦ Separate Opinion, Zalameda, [J]
♦ Concurring and Dissenting Opinion, M. Lopez, [J]
♦ Separate Concurring and Dissenting Opinion, Gaerlan, [J]
♦ Separate Concurring and Dissenting Opinion, J. Lopez, [J]
♦ Separate Concurring and Dissenting Opinion, Dimaampao, [J]

ATTY. HOWARD M. CALLEJA, ATTY. JOSEPH PETER J. CALLEJA, ATTY. CHRISTOPHER JOHN P. LAO, DE LA SALLE BROTHERS INC., AS REPRESENTED BY BR. ARMIN A. LUISTRO, FSC, DR. REYNALDO J. ECHAVEZ, NAPOLEON L. SIONGCO, AND RAEYAN M. REPOSAR, PETITIONERS, VS. 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, EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), RESPONDENTS.

REP. EDCEL C. LAGMAN, PETITIONER, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA; ANTI-TERRORISM COUNCIL (ATC); ANTI-MONEY LAUNDERING COUNCIL (AMLC); SENATE OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SENATE, PRESIDENT VICENTE C. SOTTO III; AND THE HOUSE OF REPRESENTATIVES, REPRESENTED BY SPEAKER ALAN PETER S. CAYETANO, RESPONDENTS.

MELENCIO S. STA. MARIA, EIRENE JHONE E. AGUILA, GIDEON V. PEÑA, MICHAEL T. TIU, JR., FRANCIS EUSTON R. ACERO, PAUL CORNELIUS T. CASTILLO, EUGENE T. KAW, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, SECRETARY OF JUSTICE MENARDO I. GUEVARRA, THE ANTI-TERRORISM COUNCIL, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF FILEMON SANTOS, JR., PHILIPPINE NATIONAL POLICE CHIEF ARCHIE FRANCISCO F. GAMBOA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., SECRETARY OF FOREIGN AFFAIRS TEODORO L. LOCSIN, JR., SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT EDUARDO M. AÑO, SECRETARY OF DEFENSE DELFIN N. LORENZANA, SECRETARY OF FINANCE CARLOS G. DOMINGUEZ III, SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY GREGORIO HONASAN II, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR MEL GEORGIE B. RACELA, RESPONDENTS.

BAYAN MUNA PARTY-LIST REPRESENTATIVES CARLOS ISAGANI T. ZARATE, FERDINAND GAITE, AND EUFEMIA CULLAMAT; GABRIELA WOMEN'S PARTY REPRESENTATIVE ARLENE D. BROSAS; ACT-TEACHERS PARTY-LIST REPRESENTATIVE FRANCE L. CASTRO, KABATAAN PARTYLIST REPRESENTATIVE SARAH JANE I. ELAGO; BAYAN MUNA PARTY-LIST PRESIDENT, SATURNINO OCAMPO; MAKABAYAN CO-CHAIRPERSON LIZA LARGOZA MAZA; BAYAN MUNA PARTY-LIST CHAIRPERSON NERI J. COLMENARES; ACT-TEACHERS PARTY-LIST PRESIDENT ANTONIO TINIO, AND ANAKPAWIS PARTY-LIST VICE PRESIDENT ARIEL CASILAO, AND MAKABAYAN SECRETARY GENERAL, NATHANAEL SANTIAGO, PETITIONERS, VS. PRESIDENT RODRIGO DUTERTE, EXECUTIVE SECRETARY SALVADOR MEDIALDEA, AND THE ANTI-TERRORISM COUNCIL, REPRESENTED BY ITS CHAIRMAN SALVADOR MEDIALDEA, RESPONDENTS.

RUDOLF PHILIP B. JURADO, PETITIONER, VS. THE ANTI-TERRORISM COUNCIL, THE EXECUTIVE SECRETARY, SECRETARY OF JUSTICE, SECRETARY OF FOREIGN AFFAIRS, SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, SECRETARY OF FINANCE, THE NATIONAL SECURITY ADVISER, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, THE SENATE OF THE PHILIPPINES, AND THE HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, RESPONDENTS.

CENTER FOR TRADE UNION AND HUMAN RIGHTS (CTUHR), REPRESENTED BY DAISY ARAGO, PRO-LABOR LEGAL ASSISTANCE CENTER (PLACE), REPRESENTED BY ATTY. NOEL V. NERI, ARMANDO TEODORO, JR., VIOLETA ESPIRITU, AND VIRGINIA FLORES, PETITIONERS, VS. HON. RODRIGO R. DUTERTE, IN HIS CAPACITY AS PRESIDENT AND COMMANDER-IN-CHIEF OF THE REPUBLIC OF THE PHILIPPINES; HON. SALVADOR MEDIALDEA, AS EXECUTIVE SECRETARY; ANTI-TERRORISM COUNCIL (ATC); ARMED FORCES OF THE PHILIPPINES (AFP), REPRESENTED BY LT. GEN. FELIMON SANTOS JR. AND THE PHILIPPINE NATIONAL POLICE (PNP), REPRESENTED BY LT. GEN. ARCHIE GAMBOA, RESPONDENTS.

CHRISTIAN S. MONSOD, FELICITAS A. ARROYO, RAY PAOLO J. SANTIAGO, AMPARITA STA. MARIA, MARIA ILSEA W. SALVADOR, MARIANNE CARMEL B. AGUNOY, XAMANTHA XOFIA A. SANTOS, MARIA PAULA S. VILLARIN, PAULA SOPHIA ESTRELLA, IGNATIUS MICHAEL D. INGLES, ERNESTO B. NERI, FR. ALBERT E. ALEJO, S.J., PAULA ZAYCO ABERASTURI, WYANET AISHA ELIORA M. ALCIBAR, SENTRO NG MGA NAGKAKAISA AT PROGRESIBONG MANGGAGAWA (SENTRO), REPRESENTED BY ITS SECRETARY-GENERAL JOSUA T. MATA, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., DEPARTMENT OF FOREIGN AFFAIRS SECRETARY TEODORO L. LOCSIN, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY DELFIN N. LORENZANA, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY EDUARDO M. AÑO, DEPARTMENT OF FINANCE SECRETARY CARLOS G. DOMINGUEZ III, DEPARTMENT OF JUSTICE SECRETARY MENARDO I. GUEVARRA, DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY GREGORIO B. HONASAN II, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR MEL GEORGIE B. RACELA, ALL MEMBERS OF THE ANTI-TERRORISM COUNCIL, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL FILEMON SANTOS, JR., PHILIPPINE NATIONAL POLICE CHIEF GENERAL ARCHIE FRANCISCO F. GAMBOA, RESPONDENTS.

SANLAKAS, REPRESENTED BY MARIE MARGUERITE M. LOPEZ, PETITIONER, VS. RODRIGO R, DUTERTE, AS PRESIDENT AND COMMANDER-IN-CHIEF OF ALL THE ARMED FORCES, SENATE, AND HOUSE OF REPRESENTATIVES, RESPONDENTS.

FEDERATION OF FREE WORKERS (FFW-NAGKAISA) HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT ATTY. JOSE SONNY MATULA; TRADE UNION LEADERS OF THE NAGKAISA LABOR COALITION (NAGKAISA), NAMELY, ANNIE ENRIQUEZ GERON (PRESIDENT OF THE PUBLIC SERVICES LABOR INDEPENDENT CONFEDERATION), DANIEL EDRALIN (SECRETARY GENERAL OF NATIONAL UNION OF WORKERS IN HOTEL AND RESTAURANT AND ALLIED INDUSTRY), RENATO MAGTUBO (CHAIRMAN OF THE PARTIDO MANGGAGAWA), DEOBEL DEOCARES (PRESIDENT OF THE NATIONAL FEDERATION OF LABOR), DANILO LASERNA (FFW-VP FOR EDUCATION/HEAD OPERATIONS); CO-CHAIR OF THE CHURCH LABOR CONFERENCE (CLC) JULIUS H. CAINGLET (FFW-VP FOR ADVOCACY & NETWORKING), RUEL POLON (PRESIDENT OF TF LOGISTIC PHILS WORKERS UNION); KILUSANG MAYO UNO (KMU) CHAIRMAN ELMER LABOG, ELEANOR DE GUZMAN (WORKERS' RESISTANCE AGAINST TYRANNY & FOR HUMAN RIGHTS) AND PASCUAL PAUSAL (KILOS NA MANGGAGAWA); TRADE UNION LEADERS OF THE UNI GLOBAL UNION-PHILIPPINE LIAISON COUNCIL NAMELY, JESUS EXEQUIEL NIDEA (PRESIDENT), ROLAND DELA CRUZ (EXECUTIVE VICE PRESIDENT); AND KILUSANG ARTIKULO TRESE (A.13) CONVENOR ROLANDO LIBROJO, PETITIONERS, VS. OFFICE OF THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES, EXECUTIVE SECRETARY, NATIONAL SECURITY ADVISER, SECRETARY OF FOREIGN AFFAIRS, SECRETARY OF NATIONAL DEFENSE, SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, SECRETARY OF FINANCE, SECRETARY OF JUSTICE, SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING COUNCIL SECRETARIAT, RESPONDENTS.

JOSE J. FERRER, JR., PETITIONER, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, SENATE, AND HOUSE OF REPRESENTATIVES, RESPONDENTS.

BAGONG ALYANSANG MAKABAYAN (BAYAN) SECRETARY GENERAL RENATO REYES, JR., BAYAN CHAIRPERSON MARIA CAROLINA P. ARAULLO, MOVEMENT AGAINST TYRANNY CONVENOR GUILLERMINA "MOTHER MARY JOHN" D. MANANZAN, O.S.B, FORMER UNIVERSITY OF THE PHILIPPINES (UP) PRESIDENT FRANCISCO NEMENZO, PH.D., FORMER UP DILIMAN CHANCELLOR MICHAEL TAN, KARAPATAN ALLIANCE PHILIPPINES (KARAPATAN) SECRETARY GENERAL CRISTINA E. PALABAY, KARAPATAN CHAIRPERSON ELISA TITA P. LUBI, FORMER NATIONAL COMMISSION ON CULTURE AND THE ARTS CHAIRPERSON FELIPE M. DE LEON, JR., PH.D., FORMER DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) SECRETARY PROF. JUDY M. TAGUIWALO, FREE JONAS BURGOS MOVEMENT CHAIRPERSON EDITA T. BURGOS, RENATO R. CONSTANTINO, JR., FORMER NATIONAL ANTI-POVERTY COMMISSION UNDERSECRETARY MA. CORAZON J. TAN, FORMER DSWD UNDERSECRETARY MARIA LOURDES TURALDE JARABE, KILUSANG MAGBUBUKID NG PILIPINAS CHAIRPERSON DANILO HERNANDEZ RAMOS, CAMPAIGN AGAINST THE RETURN OF THE MARCOSES AND MARTIAL LAW (CARMMA) CONVENOR BONIFACIO P. ILAGAN, MOST REV. DEOGRACIAS IÑIGUEZ, D.D., FORMER BAYAN MUNA PARTYLIST REPRESENTATIVE TEODORO A. CASIÑO, MAE P. PANER, VERGEL O. SANTOS, FR. WILFREDO DULAY, M.D.J., PROF. MICHAEL PANTE (ATENEO DE MANILA UNIVERSITY), PROF. TEMARIO C. RIVERA (UNIVERSITY OF THE PHILIPPINES), PROF. JOSEPH ANTHONY Y. LIM (ATENEO DE MANILA UNIVERSITY), FRANCISCO A. ALCUAZ, FORMER UP CENTER FOR INTERNATIONAL STUDIES DIRECTOR CYNTHIA N. ZAYAS, PH.D., KILUSANG MAYO UNO SECRETARY GENERAL RONALDO M. ADONIS, PINAG-ISANG SAMAHAN NG MGA TSUPER AT OPEREYTOR (PISTON) NATIONWIDE CHAIRPERSON JUANITO AQUINO RANJO, JR., HEALTH ALLIANCE FOR DEMOCRACY CHAIRPERSON EDELINA PADILLA-DELA PAZ, M.D., GABRIELA-YOUTH SECRETARY-GENERAL CLARICE JOY PALCE, VOICES OF WOMEN FOR JUSTICE AND PEACE CONVENOR TINA-AGEL S. ROMERO, AMIHAN NATIONAL FEDERATION OF PEASANT WOMEN SECRETARY GENERAL CATARINA T. ESTAVILLO, PAMALAKAYA CHAIRPERSON FERNANDO L. HICAP, SALINLAHI ALLIANCE FOR CHILDREN'S CONCERNS SECRETARY GENERAL EULE C. RICO BONGANAY, ANAKBAYAN SECRETARY GENERAL VINZHILL PERFAS SIMON, LEAGUE OF FILIPINO STUDENTS DEPUTY SECRETARY GENERAL JOANNA MARIE GASPAR ROBLES, BAHAGHARI SPOKESPERSON REY KRISTOFFER VALMORES SALINAS, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE) PRESIDENT SANTIAGO Y. DASMARIÑAS, JR., COURAGE SECRETARY GENERAL MANUEL R. BACLAGON, NOEMI LARDIZABAL DADO, PAMILYA NG DESAPARECIDOS PARA SA KATARUNGAN CHAIRPERSON ERLINDA T. CADAPAN, ASHER P. CADAPAN, HUSTISYA! PAGKAKAISA NG MGA BIKTIMA PARA SA HUST1SYA CHAIRPERSON EVANGELINE P. HERNANDEZ, KALIPUNAN NG DAMAYANG MAHIHIRAP (KADAMAY) CHAIRPERSON-EMERITUS CARMEN "NANAY MAMENG" DEUNIDA, SAMAHAN NG EX-DETAINEES LABAN SA DETENSYON AT ARESTO (SELDA) CHAIRPERSON TRINIDAD G. REPUNO, PETITIONERS, VS. H.E. RODRIGO R. DUTERTE, SALVADOR MEDIALDEA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, VICENTE SOTTO III, IN HIS CAPACITY AS THE SENATE PRESIDENT OF THE PHILIPPINES, AND ALAN PETER CAYETANO, IN HIS CAPACITY AS THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, RESPONDENTS.

ANTONIO T. CARPIO, CONCHITA CARPIO MORALES, JAY L. BATONGBACAL, DANTE B. GATMAYTAN, THEODORE O. TE, VICTORIA V. LOANZON ANTHONY CHARLEMAGNE C. YU, FRANCISCO ASHLEY L. ACEDILLO, AND TIERONE JAMES M. SANTOS, PETITIONERS, VS. ANTI-TERRORISM COUNCIL, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, SALVADOR C. MEDIALDEA, HERMOGENES C. ESPERON, JR. TEODORO L. LOCSIN, JR., DELFIN N. LORENZANA, EDUARDO M. AÑO, CARLOS G. DOMINGUEZ III, MENARDO I. GUEVARRA, GREGORIO B. HONASAN II, AND MEL GEORGIE B. RACELA, AND ALL OTHER PERSONS ACTING UNDER THEIR CONTROL, DIRECTION AND INSTRUCTIONS, RESPONDENTS.

MA. CERES P. DOYO, JOSEFA ANDRES MAGLIPON MARCELO, MARIA A. RESSA, RACHEL E. KHAN, MARIA ROSARIO F. HOFILEÑA, LILIBETH SOCORRO FRONDOSO, MARIA TERESA D. VITUG, MARIO S. NERY, JR., BEATRICE P. PUENTE, FLORANGEL ROSARIO-BRAID, FRANCIS N. PANGILINAN, LEILA M. DE LIMA, JOSE CHRISTOPHER Y. BELMONTE, SERGIO OSMEÑA III, WIGBERTO E. TAÑADA, SR., LORENZO R. TAÑADA III, JOSE MANUEL I. DIOKNO, EDMUNDO G. GARCIA, LUTGARDO B. BARBO, LORETTA ANN P. ROSALES, PETITIONERS, VS. SALVADOR MEDIALDEA, IN HIS CAPACITY AS EXECUTIVE SECRETARY; HERMOGENES ESPERON, IN HIS CAPACITY AS NATIONAL SECURITY ADVISER; TEODORO L. LOCSIN, JR., IN HIS CAPACITY AS SECRETARY OF FOREIGN AFFAIRS; DELFIN LORENZANA, IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE; EDUARDO AÑO, IN HIS CAPACITY AS SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT; CARLOS DOMINGUEZ III, IN HIS CAPACITY AS SECRETARY OF FINANCE; MENARDO I. GUEVARRA, IN HIS CAPACITY AS SECRETARY OF JUSTICE; GREGORIO BALLESTEROS HONASAN II, IN HIS CAPACITY AS SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY; MEL GEORGIE B. RACELA, IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING COUNCIL; WENDEL E. AVISADO, IN HIS CAPACITY AS THE SECRETARY OF BUDGET AND MANAGEMENT; THE ANTI- TERRORISM COUNCIL (ATC) CREATED UNDER REPUBLIC ACT NO. 11479; THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA); AND ANY PERSONS ACTING UNDER THEIR CONTROL, SUPERVISION, OR DIRECTION IN RELATION TO THE ENFORCEMENT OF REPUBLIC ACT NO. 11479, RESPONDENTS.

NATIONAL UNION OF JOURNALISTS OF THE PHILIPPINES, JOSELITO O. ALTAREJOS, IVY MARIE B. APA, ANNA MAY V. BAQUIRIN, ARNEL BARBARONA, JUNELIE O. BARRIOS, MARIA VICTORIA JOY B. BELTRAN, LIAN NAMI ALOEN P. BUAN, MARA ALYSSABEL D. CEPEDA, RICHARD C. CORNELIO, FRANCES BEA C. CUPIN, ARDEE E. DELOLA, ERNEST JEWELL B. DIÑO, LEONILO O. DOLORICON, CECILIA VICTORIA O. DRILON, GLENDA M. GLORIA, BARTHOLOME TANKEH GUINGONA, ABDULMARI L. IMAO JR., JAZMIN B. LLANA, GRACE MARIE LOPEZ, BIENVENIDO L. LUMBERA, DIANDRA DITMA A. MACARAMBON, GUTIERREZ M. MANGANSAKAN II, AMADO ANTHONY G. MENDOZA III, VINCENT MARCO C. MORALES, KRISTINE ONG MUSLIM, ELIZABETH JUDITH C. PANELO, NORBERTO S. ROLDAN, JOSELITO B. SARACHO, RAISA MARIELLE B. SERAFICA, ELIZABETH ROSE O. SIGUION REYNA, LISA I. TAPANG, LUIS V. TEODORO JR., ROLAND B. TOLENTINO, MICHAEL JUDE C. TUMAMAC, EDGIE FRANCIS B. UYANGUREN, MA. SALVAC1ON E. VARONA, AND DENZEL Q. YORONG, PETITIONERS, VS. ANTI-TERRORISM COUNCIL, NATIONAL INTELLIGENCE COORDINATING AGENCY, ARMED FORCES OF THE PHILIPPINES, PHILIPPINE NATIONAL POLICE, AND NATIONAL BUREAU OF INVESTIGATION, RESPONDENTS.

KABATAANG TAGAPAGTANGGOL NG KARAPATAN REPRESENTED BY ITS NATIONAL CONVENER BRYAN EZRA C. GONZALES, YOUTH FOR HUMAN RIGHTS AND DEMOCRACY REPRESENTED BY ITS PRESIDENT CHRISTIAN B. GULTIA, YOUTH ACT NOW AGAINST TYRANNY REPRESENTED BY ITS NATIONAL CONVENER RAOUL DANIEL A. MANUEL, MILLENNIALS PH REPRESENTED BY ITS COMMITTEE HEAD JOSE RIO I. IWASAKI, SAMAHAN NG PROGRESIBONG KABATAAN REPRESENTED BY ITS PRESIDENT IAN RED D. LIGOT, GOOD GOV PH REPRESENTED BY ITS PRESIDENT DEXTER ARVIN E. YANG, YOUTH STRIKE 4 CLIMATE PHILIPPINES REPRESENTED BY ITS PRESIDENT JEFFERSON A. ESTELA, LIBERAL YOUTH OF THE PHILIPPINES, REPRESENTED BY ITS COMMITTEE CHAIR DAVIN RENN S. SANTOS, AKSYON KABATAAN REPRESENTED BY ITS SECRETARY-GENERAL PRINCESS CYNTHIA NATHALIE DRILON, LA SALLE DEBATE SOCIETY REPRESENTED BY ITS PRESIDENT AND TEAM CAPTAIN HANS XAVIER W. WONG, DLSU UNIVERSITY STUDENT GOVERNMENT REPRESENTED BY ITS PRESIDENT LANCE ISIAH C. DELA CRUZ, SANGGUNIAN NG MGA MAG-AARAL NG PAARALANG LOYOLA NG ATENEO DE MANILA REPRESENTED BY ITS PRESIDENT JAMESUN W. BEJARIN, UP DILIMAN UNIVERSITY STUDENT COUNCIL, REPRESENTED BY ITS CHAIRPERSON SEAN ANGELO A. THAKUR, UNIVERSITY OF SANTO TOMAS CENTRAL STUDENT COUNCIL, REPRESENTED BY ITS DIRECTOR FOR ARTLETS THERESE MARIE B. IFURUNG, STUDENT COUNCIL ALLIANCE OF THE PHILIPPINES REPRESENTED BY ITS NATIONAL CHAIRPERSON, JEZA ANTONETTE A. RODRIGUEZ, NATIONAL UNION OF STUDENTS IN THE PHILIPPINES REPRESENTED BY ITS DEPUTY SECRETARY GENERAL JANDEIL B. ROPEROS, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, THE MEMBERS OF THE ANTI TERRORISM COUNCIL: HERMOGENES ESPERON IN HIS CAPACITY AS THE NATIONAL SECURITY ADVISER, TEODORO LOCSIN JR. IN HIS CAPACITY AS THE SECRETARY OF FOREIGN AFFAIRS, DELFIN LORENZANA IN HIS CAPACITY AS THE SECRETARY OF NATIONAL DEFENSE, EDUARDO AÑO IN HIS CAPACITY AS THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, CARLOS DOMINGUEZ III IN HIS CAPACITY AS THE SECRETARY OF FINANCE, MENARDO GUEVARRA IN HIS CAPACITY AS THE SECRETARY OF JUSTICE, GREGORIO HONASAN IN HIS CAPACITY AS THE SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, BENJAMIN DIOKNO IN HIS CAPACITY AS THE EXECUTIVE DIRECTOR OF THE ANTI MONEY LAUNDERING COUNCIL, THE CONGRESS OF THE PHILIPPINES REPRESENTED BY VICENTE SOTTO III IN HIS CAPACITY AS THE PRESIDENT OF THE SENATE AND ALAN PETER CAYETANO IN HIS CAPACITY AS THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, RESPONDENTS.

ALGAMAR A. LATIPH, BANTUAS M. LUCMAN, MUSA I. MALAYANG, DALOMILANG N. PARAHIMAN, PETITIONERS, VS. SENATE, REPRESENTED BY ITS PRESIDENT, VICENTE C. SOTTO III, HOUSE OF REPRESENTATIVES, REPRESENTED BY ITS SPEAKER, ALAN PETER S. CAYETANO, OFFICE OF THE PRESIDENT, AND ANTI-TERRORISM COUNCIL (ATC) BOTH REPRESENTED BY EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, RESPECTIVELY, AS ALTER EGO OF THE PRESIDENT AND CHAIRPERSON OF THE ATC, RESPONDENTS.

THE ALTERNATIVE LAW GROUPS, INC. (ALG), PETITIONER, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, RESPONDENT.

BISHOP BRODERICK S. PABILLO, BISHOP REUEL NORMAN O. MARIGZA, RT. REV. REX B. REYES JR., BISHOP EMERGENCIO PADILLO, BISHOP GERARDO A. ALMINAZA, DR. ALDRIN M. PEÑAMORA, DR. ANNELLE G. SABANAL, DR. CHRISTOPHER D. SABANAL, FR. ROLANDO F. DE LEON, SR. MA. LIZA H. RUEDAS, SR. ANABELL "THEODORA" G. BILOCURA, REV. MARIE SOL S. VILLALON, DR. MA. JULIETA F. WASAN, FR. GILBERT S. BILLENA, JENNIFER F. MENESES, DEACONESS RUBYLIN G. LITAO, JUDGE CLETO VILLACORTA, REY CLARO CASAMBRE, RURAL MISSIONARIES OF THE PHILIPPINES AND THE SISTERS' ASSOCIATION IN MINDANAO, PETITIONERS, VS. PRESIDENT RODRIGO R. DUTERTE, SENATE OF THE REPUBLIC OF THE PHILIPPINES REPRESENTED BY SEN. VICENTE SOTTO III, THE HOUSE OF REPRESENTATIVES REPRESENTED BY SPEAKER ALAN PETER CAYETANO, EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, AS CHAIRMAN OF THE ANTI-TERRORISM COUNCIL, RESPONDENTS.

GENERAL ASSEMBLY OF WOMEN FOR REFORMS, INTEGRITY, EQUALITY, LEADERSHIP AND ACTION (GABRIELA) INC., GERTRUDES R. LIBANG, JOAN MAY E. SALVADOR, EMERENCIANA A. DE JESUS, MARY JOAN A. GUAN, MARIVIC V. GERODIAS, LOVELY V. RAMOS, LEONORA O. CALUBAQUIB, MONICA ANNE E. WILSON, SILAHIS M. TEBIA, PETITIONERS, VS. PRESIDENT RODRIGO ROA DUTERTE; ANTI-TERRORISM COUNCIL, REPRESENTED BY ITS CHAIRPERSON AND EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA; SENATE OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SENATE PRESIDENT VICENTE C. SOTTO III; AND THE HOUSE OF REPRESENTATIVES, REPRESENTED BY SPEAKER ALAN PETER S. CAYETANO, RESPONDENTS.

LAWRENCE A. YERBO, PETITIONER, VS. OFFICES OF THE HONORABLE SENATE PRESIDENT AND HONORABLE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

HENDY ABENDAN OF CENTER FOR YOUTH PARTICIPATION AND DEVELOPMENT INITIATIVES, CALVIN DHAME LAGAHIT OF CEBU NORMAL UNIVERSITY - STUDENT DEMOCRATIC PARTY, CHRISTIAN LOUIE ILUSTRISIMO OF CEBU NORMAL UNIVERSITY - STUDENTS REPUBLIC PARTY, BENNA LYN RIZON OF CEBU NORMAL UNIVERSITY - REFORMATIVE LEADERS (RELEAD) PARTY, LYRNIE REGIDOR OF UP CEBU - UNION OF PROGRESSIVE STUDENTS, HANNSON KENT J. NAMOC OF UP CEBU - NAGKAHIUSANG KUSOG SA ESTUDYANTE, GILBERT G. APURA, JR. OF UNIVERSITY OF SAN CARLOS - STUDENT POWER PARTY, DAVID C. SUICO OF UNIVERSITY OF SAN CARLOS - STUDENT ALLIANCE FOR NATIONALISM AND DEMOCRACY, AND MARY THERESE T. MAURIN OF UNIVERSITY OF CEBU LAW STUDENT SOCIETY, PETITIONERS, VS. HON. SALVADOR C. MEDIALDEA, IN HIS CAPACITY AS EXECUTIVE SECRETARY AND CHAIRPERSON OF THE ANTI-TERRORISM COUNCIL; ALL MEMBERS OF THE ANTI-TERRORISM COUNCIL NAMELY: HON. HERMOGENES ESPERON, NATIONAL SECURITY ADVISER; HON. TEODORO LOCSIN, JR., SECRETARY OF FOREIGN AFFAIRS; HON. DELFIN N. LORENZANA, SECRETARY OF NATIONAL DEFENSE; HON. EDUARDO AÑO, SECRETARY OF INTERIOR AND LOCAL GOVERNMENT; HON. CARLOS DOMINGUEZ, SECRETARY OF FINANCE; HON. MENARDO GUEVARRA, SECRETARY OF JUSTICE; HON. GREGORIO B. HONASAN II, SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY; AND HON. MEL GEORGIE B. RACELA, EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING COUNCIL (AMLC) SECRETARIAT, RESPONDENTS.

CONCERNED ONLINE CITIZENS REPRESENTED AND JOINED BY MARK L. AVERILLA, NOELLE THERESA E. CAPILI, ROBBY DERRICK S. CHAM, VICTOR LOUIS E. CRISOSTOMO, ANTHONY IAN M. CRUZ, MARITA Q. DINGLASAN, THYSSEN C. ESTRADA, MARK ANGELO C. GERONIMO, BALBINO PADA GUERRERO JR., JOVER N. LAURIO, JOHN CARLO T. MERCADO, RAYMOND DE VERA PALATINO, LEAN REDINO P. PORQUIA, MARCEL DAR STEFAN T. PUNONGBAYAN, ALBERT LOUIS R. RAQUEÑO, OLIVER RICHARD V. ROBILLO, JULIUS D. ROCAS, JUAN MIGUEL R. SEVERO, MA. GIA GRACE B. SISON, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, SECRETARY OF JUSTICE MENARDO I. GUEVARRA, THE ANTI-TERRORISM COUNCIL, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF FILEMON SANTOS, JR., PHILIPPINE NATIONAL POLICE CHIEF ARCHIE FRANCISCO F. GAMBOA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., SECRETARY OF FOREIGN AFFAIRS TEODORO L. LOCSIN, JR., SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT EDUARDO M. AÑO, SECRETARY OF DEFENSE DELFIN N. LORENZANA, SECRETARY OF FINANCE CARLOS G. DOMINGUEZ III, SECRETARY OF INFORMATION & COMMUNICATIONS TECHNOLOGY GREGORIO HONASAN II, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR MEL GEORGIE B. RACELA, RESPONDENTS.

CONCERNED LAWYERS FOR CIVIL LIBERTIES (CLCL) MEMBERS RENE A.V. SAGUISAG, PACIFICO A. AGABIN, JEJOMAR C. BINAY, EDRE U. OLALIA, ANNA MARIA D. ABAD, ANACLETO REI A. LACANILAO III, J. V. BAUTISTA, ROSE-LIZA EISMA-OSORIO, EMMANUEL R. JABLA, PETITIONERS, VS. PRESIDENT RODRIGO ROA DUTERTE, EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, THE SENATE OF THE REPUBLIC OF THE PHILIPPINES REPRESENTED BY SENATE PRESIDENT VICENTE SOTTO III, AND THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY HOUSE SPEAKER ALAN PETER CAYETANO, RESPONDENTS.

BEVERLY LONGID, SAMIRA GUTOC, JOANNA K. CARIÑO, AMIRAH ALI LIDASAN, NORA P. SUKAL, ABDUL HAMIDULLAH ATAR, JUMORING BANDILAN GUAYNON, FRANCISCA TOLENTINO, WINDEL B. BOLINGET, DRIEZA A. LININDING, TERESA DE LA CRUZ, LORENA BAY-AO, CHAD ERROL BOOC, JEANY ROSE L. HAYAHAY, AND JUDITH PAMELA A. PASIMIO, PETITIONERS, VS. ANTI-TERRORISM COUNCIL, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, SALVADOR C. MEDIALDEA, HERMOGENES C. ESPERON, JR., DELFIN N. LORENZANA, MENARDO I. GUEVARRA, EDUARDO M. AÑO, TEODORO L. LOCSIN, JR., CARLOS G. DOMINGUEZ III, GREGORIO B. HONASAN II, MEL GEORGIE B. RACELA, RESPONDENTS.

CENTER FOR INTERNATIONAL LAW (CENTERLAW), INC., REPRESENTED BY ITS PRESIDENT, JOEL R. BUTUYAN, WHO IS ALSO SUING IN HIS OWN BEHALF; AND MEMBERS ROGER R. RAYEL, GILBERT T. ANDRES, CRISPIN FRANCIS M. JANDUSAY, KIMBERLY ANNE M. LORENZO, GELIE ERIKA P. ESTEBAN, ELREEN JOY O. DE GUZMAN, NICOLENE S. ARCAINA, AND SHAWN DUSTIN B. COSCOLUELLA;

FOUNDATION FOR MEDIA ALTERNATIVES, INC., REPRESENTED BY ITS EXECUTIVE DIRECTOR, LIZA GARCIA; DEMOCRACY.NET.PH, INC., REPRESENTED BY ITS TRUSTEE, CARLOS ADRIAN A. NAZARENO; VERA FILES, INC., REPRESENTED BY ITS PRESIDENT, ELLEN T. TORDESILLAS, WHO IS ALSO SUING IN HER OWN BEHALF, AND ITS JOURNALISTS MEEKO ANGELA R. CAMBA, ANTHONY L. CUAYCONG, REIVEN C. PASCASIO, MERINETTE A. RETONA, ROSALIA C. REVALDO, ELIJAH J. RODEROS, CELINE ISABELLE B. SAMSON, IVEL JOHN M. SANTOS, AND ESTRELITA C. VALDERAMA; AND

PROFESSORS OF THE LYCEUM OF THE PHILIPPINES UNIVERSITY COLLEGE OF LAW, NAMELY, DEAN MA. SOLEDAD DERIQUITO-MAWIS, PROFESSOR CARLO L. CRUZ, PROFESSOR MARILYN P. CACHO-DOMINGO, PROFESSOR SENEN AGUSTIN S. DE SANTOS, PROFESSOR MARLA A. BARCENILLA, PROFESSOR ROMEL REGALADO BAGARES, PROFESSOR JUAN CARLOS T. CUNA, AND PROFESSOR JOHN PAUL ALZATE DELA PASION PETITIONERS, VS. SENATE OF THE PHILIPPINES; HOUSE OF REPRESENTATIVES OF THE PHILIPPINES; ANTI-TERRORISM COUNCIL; EXECUTIVE SECRETARY AS REPRESENTED BY SALVADOR C. MEDIALDEA; ANTI-MONEY LAUNDERING COUNCIL AS REPRESENTED BY EXECUTIVE DIRECTOR ATTY. MEL GEORGIE B. RACELA; DEPARTMENT OF JUSTICE AS REPRESENTED BY SECRETARY MENARDO I. GUEVARRA; DEPARTMENT OF BUDGET AND MANAGEMENT AS REPRESENTED BY SECRETARY WENDEL E. AVISADO; PHILIPPINE NATIONAL POLICE AS REPRESENTED BY GENERAL ARCHIE FRANCISCO F. GAMBOA; ARMED FORCES OF THE PHILIPPINES AS REPRESENTED BY LIEUTENANT GILBERT CAPAY, AND NATIONAL BUREAU OF INVESTIGATION AS REPRESENTED BY DIRECTOR ERIC BITO-ON DISTOR, RESPONDENTS.

MAIN T. MOHAMMAD, JIMMY P. BLA, NAZR S. DILANGALEN, PHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATES (PAHRA) (REPRESENTED BY ROSEMARIE R. TRAJANO), RUPERT AXEL M. CRUZ, MARIA PATRICIA CERVANTES-POCO, LEO ANGELO R. AÑONUEVO, TAKAHIRO KENJIE C. AMAN AND MUHAMMAD MUKTADIR A. ESTRELLA, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., DEPARTMENT OF FOREIGN AFFAIRS SECRETARY TEODORO L. LOCSIN, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY DELFIN N. LORENZANA, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY EDUARDO M. AÑO, DEPARTMENT OF FINANCE SECRETARY CARLOS G. DOMINGUEZ III, DEPARTMENT OF JUSTICE SECRETARY MENARDO I. GUEVARRA, DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY GREGORIO B. HONASAN II, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR MEL GEORGIE B. RACELA, AND ALL MEMBERS OF THE ANTI-TERRORISM COUNCIL, ARMED FORCES CHIEF OF STAFF GENERAL FILEMON SANTOS, JR., PHILIPPINE NATIONAL POLICE CHIEF ARCHIE FRANCISCO F. GAMBOA, AND THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE PHILIPPINES AS COMPONENT HOUSES OF THE CONGRESS OF THE PHILIPPINES, RESPONDENTS.

BRGY. MAGLAKING, SAN CARLOS CITY, PANGASINAN SANGGUNIANG KABATAAN (SK) CHAIRPERSON LEMUEL GIO FERNANDEZ CAYABYAB; BRGY. TALAMBAN, CEBU CITY SK COUNCILOR JOAHANNA MONTA VELOSO; BRGY. TALAYAN, QUEZON CITY SK COUNCILOR NESTIE BRYAL COSIPAG VILLAVIRAY; BRGY. DOLORES, TAYTAY, RIZAL SK COUNCILOR FRANCHESCA IL CAMONIAS PERSIA; BRGY. MALHACAN, MEYCAUAYAN CITY, BULACAN SK COUNCILOR JELLY BEAN AIRAN SANGUIR SANTIAGO; BRGY. MAYBUNGA, PASIG CITY SK CHAIRPERSON PATRICIA MAE ANGELES TORRES; BRGY. SAN JOAQUIN, PASIG CITY SK CHAIRPERSON JAMES PAUL T. JOYNER; BRGY. ORANBO, PASIG CITY SK CHAIRPERSON PAULO D. TUMLOS; BRGY. KAPITOLYO, PASIG CITY SK CHAIRPERSON ALEXIS RAFAEL M. TORRES; BRGY. POBLACION ILAWOD, LAMBUNAO, ILOILO SK CHAIRPERSON LOVELYN Q. LOSARIA; SK FEDERATION OF THE MUNICIPALITY OF LEGANES, ILOILO PRESIDENT ILOILO NIEL JOSHUA J. RAYMUNDO; PASIG CITY LOCAL YOUTH DEVELOPMENT COUNCIL GOVERNANCE COMMITTEE CHAIRPERSON IRISH E. TAGLE; ALYANSA NG KABATAANG PASIGUEÑO REPRESENTATIVE MARTIN LOUISE S. TUNGOL; KILOS PASIG AND JOVITO R. SALONGA (JRS) POLICY STUDIES MEMBERS RAM ALAN CRUZ; ELEAZAR SALONGA; MARGARITA SALONGA SALANDANAN, ROBERT JOHN OCAMPO ROBAS; EDISON LATI; MARIA ANTHEA BALUTA, AND ADRIAN SOMIDO, PETITIONERS, VS. RODRIGO R. DUTERTE, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES; SALVADOR C. MEDIALDEA, EXECUTIVE SECRETARY AND CHAIRPERSON OF THE ANTI-TERRORISM COUNCIL; EDUARDO M. AÑO, SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT; DELFIN N. LORENZANA, SECRETARY OF NATIONAL DEFENSE, AND MENARDO I. GUEVARRA, SECRETARY OF JUSTICE, RESPONDENTS.

ASSOCIATION OF MAJOR RELIGIOUS SUPERIORS IN THE PHILIPPINES (REPRESENTED BY ITS CO-CHAIRPERSONS, FR. CIELITO R. ALMAZAN OFM AND SR. MARILYN A. JAVA RC AND ITS CO-EXECUTIVE SECRETARIES, FR. ANGELITO A. CORTEZ, OFM AND SR. CRISVIE T. MONTECILLO, DSA), RAFAEL VICENTE R. CALINISAN, NOEL R. DEL PRADO AND ADRIAN N. VIVAS, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., DEPARTMENT OF FOREIGN AFFAIRS SECRETARY TEODORO L. LOCSIN, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY DELFIN N. LORENZANA, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY EDUARDO M. AÑO, DEPARTMENT OF FINANCE SECRETARY CARLOS G. DOMINGUEZ III, DEPARTMENT OF JUSTICE SECRETARY MENARDO I. GUEVARRA, DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY GREGORIO B. HONASAN II, ANTI-MONEY LAUNDERING COUNCIL EXECUTIVE DIRECTOR MEL GEORGE B. RACELA, ALL MEMBERS OF THE ANTI-TERRORISM COUNCIL, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL FILEMON SANTOS, JR. AND PHILIPPINE NATIONAL POLICE CHIEF GENERAL ARCHIE FRANCISCO F. GAMBOA, RESPONDENTS, X X

UNIVERSITY OF THE PHILIPPINES (UP) SYSTEM FACULTY REGENT DR. RAMON GUILLERMO, EXECUTIVE BOARD MEMBER, EDUCATION INTERNATIONAL AND ALLIANCE OF CONCERNED TEACHERS (ACT)-PHILIPPINES SECRETARY-GENERAL RAYMOND BASILIO, DE LA SALLE UNIVERSITY (DLSU)-MANILA PROFESSOR AND ACT PRIVATE SCHOOLS PRESIDENT DR. ROW ELL MADULA, UNIVERSITY OF SANTO TOMAS (UST) FACULTY ASSOCIATION OF SENIOR HIGH SCHOOL PRESIDENT AND ACT-PRIVATE SCHOOLS SECRETARY-GENERAL JONATHAN V. GERONIMO, UP-DILIMAN DIRECTOR OF OFFICE OF COMMUNITY RELATIONS AND CONGRESS OF TEACHERS AND EDUCATORS FOR NATIONALISM AND DEMOCRACY-UP (CONTEND-UP) CHAIRPERSON DR. GERRY LANUZA, ACT-NCR UNION TREASURER ANNARIZA C. ALZATE, ACT-NCR UNION SECRETARY AND QUEZON CITY PUBLIC SCHOOL TEACHERS' ASSOCIATION (QCPSTA) VICE-PRESIDENT RUBY ANA BERNARDO, QCPSTA PRESIDENT AND ACT-NCR UNION REGIONAL COUNCIL MEMBER KRISTHEAN A. NAVALES, ACT-NCR UNION CALOOCAN CHAPTER PRESIDENT AND ACT-NCR UNION REGIONAL COUNCIL MEMBER GRACE EDORA, FORMER DIRECTOR AT KOMISYON SA WIKANG FILIPINO (KWF) DR. AURORA BATNAG, UP-DILIMAN VICE CHANCELLOR FOR COMMUNITY AFFAIRS DR. ALELI BAWAGAN, ALL UP ACADEMIC EMPLOYEES UNION NATIONAL PRESIDENT AND UP ASST. PROF. CARL MARC RAMOTA, UP-DILIMAN COLLEGE OF SCIENCE DEAN DR. GIOVANNI A. TAPANG, POLYTECHNIC UNIVERSITY OF THE PHILIPPINES (PUP)-MANILA INSTITUTE OF TECHNOLOGY DEAN PROF. RAMIR M. CRUZ, ATENEO DE MANILA UNIVERSITY (ADMU) FULL PROFESSOR AND TANGGOL KASAYSAYAN LEAD CONVENER DR. FRANCIS GEALOGO, DLSU-MANILA PROFESSOR AND TANGGOL WIKA LEAD CONVENER DR. DAVID MICHAEL SAN JUAN, UP-DILIMAN ACTING DIRECTOR OF CAMPUS MAINTENANCE OFFICE MS. PERLITA C. RANA, ALL UP ACADEMIC EMPLOYEES UNION BOARD MEMBER DR. MELANIA FLORES, PUP-MANILA CENTER FOR HUMAN RIGHTS STUDIES CHIEF PROF. PAULO BENEDICTO C. VILLAR, UST SIMBAHAYAN COMMUNITY DEVELOPMENT OFFICE DIRECTOR DR. ARVIN EBALLO, UST SIMBAHAYAN ASSISTANT DIRECTOR PROF. FROILAN ALIPAO, PUP-MANILA DEPARTMENT OF COOPERATIVES AND SOCIAL DEVELOPMENT CHAIRPERSON DR. HILDA F. SAN GABRIEL, PUP-MANILA DEPARTMENT OF COMMUNICATION RESEARCH CHAIRPERSON KRUPSKAYA T. VALILA, PUP-MANILA DEPARTMENT OF SOCIOLOGY CHAIRPERSON LOUIE C. MONTEMAR, UP-DILIMAN DEPARTAMENTO NG FILIPINO AT PANITIKAN NG PILIPINAS CHAIRPERSON DR. VLADIMEIR GONZALES, DLSU-MANILA DEPARTAMENTO NG FILIPINO CHAIRPERSON DR. RHODERICK NUNCIO, DLSU-MANILA PROFESSORS DR. RAQUEL SISON-BUBAN, DR. ERNESTO V. CARANDANG II, DR. DOLORES TAYLAN, PROF. RAMILITO CORREA, DR. MARIA LUCILLE ROXAS, MON KARLO MANGARAN, DEBORRAH ANASTACIO, JECONIAH DREISBACH, BILLY DE GUZMAN, AND ROMAN GALLEGO, DON BOSCO TECHNICAL INSTITUTE OF MAKATI TEACHER ERSELA CARILLO, PHILIPPINE NORMAL UNIVERSITY (PNU)-MANILA PROFESSOR DR. JOEL COSTA MALABANAN, UNIVERSITY OF MAKATI PROFESSOR KEVIN PAUL D. MARTIJA, PUP-MANILA PROFESSORS PATRICIA CAMILLE VILLA, EMY RUTH GIANAN, MARVIN LOBOS AND SONNY M. VERSOZA, COLEGIO DE SAN JUAN DE LETRAN PROFESSOR LYRRA I. MAGTALAS, ADMU PROFESSORS DR. GARY DEVILLES, DR. VINCENZ SERRANO AND MARK BENEDICT LIM, ADMU TEACHER ELLA MARA MELANIE DONAIRE, UP-DILIMAN PROFESSORS SHARON ANNE PANGILINAN, DR. ROMMEL RODRIGUEZ, AND DR. GRACE CONCEPCION, ASST. PROF. CLOD MARLAN KRISTER V. YAMBAO, ASST. PROF. LOUISE JHASHIL SONIDO, AND PROF. SOFIA G. GUILLERMO, UP-MANILA PROFESSOR REGINALD VALLEJOS, BULACAN STATE UNIVERSITY (BULSU) PROFESSORS MARY DEANE DC CAMUA, MARICRISTH T. MAGALING, JAIME V. VILLAFUERTE, ISRAEL DC SAGUINSIN, JENNIFER DELFIN, JENINA S. REYES, KEANU HAROLD G. REYES, BOIE L. LOPEZ, JEVINSON B. FERNANDEZ, JUSTINE G. MENESES, ANGELO O. SANTOS, REGGIE REY C. FAJARDO, EDUCATORS MARIEL S. QUIOGUE AND DANIM R. MAJERANO, UST-MANILA INSTRUCTORS/ PROFESSORS/TEACHERS ADRIAN ROMERO, LEONARDO GUEVARRA, JR., JOHN CHRISTIAN VALEROSO, AND DR. CHUCKBERRY PASCUAL, PETITIONERS, VS. H.E. RODRIGO R. DUTERTE, SALVADOR MEDIALDEA IN HIS CAPACITY AS EXECUTIVE SECRETARY, VICENTE SOTTO III, IN HIS CAPACITY AS THE SENATE PRESIDENT OF THE PHILIPPINES AND ALAN PETER CAYETANO IN HIS CAPACITY AS SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, RESPONDENTS.

PHILIPPINE BAR ASSOCIATION, INC., PETITIONER, VS. 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 OP THE PHILIPPINES CHIEF OF STAFF LT. GENERAL GILBERT GAPAY AND PHILIPPINE NATIONAL POLICE CHIEF GENERAL CAM1LO PANCRATIUS PASCUA CASCOLAN, RESPONDENTS.

BALAY REHABILITATION CENTER, INC. (BALAY), CHILDREN'S LEGAL RIGHTS AND DEVELOPMENT CENTER, INC. (CLRDC), COALITION AGAINST TRAFFICKING IN WOMEN-ASIA PACIFIC (CATW-AP), DR. BENITO MOLINO, MEDICAL ACTION GROUP (MAG), TASK FORCE DETAINEES OF THE PHILIPPINES (TFDP), GREGORIO V. BITUIN, JR., FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (FIND), PETITIONERS, VS. RODRIGO ROA DUTERTE, IN HIS CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, SALVADOR C. MEDIALDEA, IN HIS CAPACITY AS EXECUTIVE SECRETARY & CHAIRPERSON OF THE ANTI-TERRORISM COUNCIL (ATC), RESPONDENTS.

INTEGRATED BAR OF THE PHILIPPINES, IBP NATIONAL PRESIDENT DOMINGO EGON Q. CAYOSA AND IBP GOVERNORS BURT M. ESTRADA, DOROTEO LORENZO B. AGUILA, BABY RUTH F. TORRE, ELEAZAR S. CALASAN, ERIC C. ALAJAR, GIL G. TAWAY IV, GINA H. MIRANO-JESENA, JAMES JAYSON J. JORVINA, AND CHRISTY JOY S. SOLLESTA, PETITIONERS, VS. SENATE OF THE PHILIPPINES, THE HOUSE OF REPRESENTATIVES, THE ANTI-TERRORISM COUNCIL COMPOSED OF THE EXECUTIVE SECRETARY, THE NATIONAL SECURITY ADVISER, THE SECRETARY OF FOREIGN AFFAIRS, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR OF THE LOCAL GOVERNMENT, THE SECRETARY OF FINANCE, THE SECRETARY OF JUSTICE, THE SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND THE EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING SECRETARIAT AS MEMBERS, THE NATIONAL INTELLIGENCE COORDINATING AGENCY, ARMED FORCES OF THE PHILIPPINES, REPRESENTED BY CHIEF OF STAFF LT. GEN. GILBERT GAPAY, AND PHILIPPINE NATIONAL POLICE, REPRESENTED BY LT. GEN. CAMILO CASCOLAN, RESPONDENTS.

COORDINATING COUNCIL FOR PEOPLE'S DEVELOPMENT AND GOVERNANCE, INC, (CPDG) REPRESENTED BY VICE PRESIDENT ROCHELLE M. PORRAS; KALIKASAN PEOPLE'S NETWORK FOR THE ENVIRONMENT (KPNE) REPRESENTED BY NATIONAL COORDINATOR JOSE LEON A. DULCE; CENTER FOR ENVIRONMENTAL CONCERNS-PHILIPPINES (CEC) REPRESENTED BY EXECUTIVE DIRECTOR LIA MAI T. ALONZO; CLIMATE CHANGE NETWORK FOR COMMUNITY-BASED INITIATIVES, INC. (CCNCI) REPRESENTED BY EXECUTIVE DIRECTOR KARLENMA M. MENDOZA; UNYON NG MANGGAGAWA SA AGRIKULTURA (UMA) REPRESENTED BY CHAIRPERSON ANTONIO L. FLORES; MACSASAKA AT SIYENTIPIKO PARA SA PAGUNLAD NG AGRIKULTURA (MASIPAG) REPRESENTED BY NATIONAL COORDINATOR CRISTINO C. PANERIO; PHILIPPINE NETWORK OF FOOD SECURITY PROGRAMMES, INC. (PNFSP) REPRESENTED BY OFFICER-IN-CHARGE BEVERLY P. MANGO; CHILDREN'S REHABILITATION CENTER (CRC) REPRESENTED BY DEPUTY DIRECTOR NIKKI P. ASERIOS; IBON FOUNDATION, INC., REPRESENTED BY EXECUTIVE DIRECTOR JOSE ENRIQUE A. AFRICA; SAMAHAN AT UGNAYAN NG MGA KONSYUMERS PARA SA IKAUUNLAD NG BAYAN (SUKI) REPRESENTED BY CONVENOR ROLANDO D. CALIMLIM; AND EUFEMIA P. DORINGO, PETITIONERS, VS. RODRIGO R. DUTERTE, PRESIDENT AND CHIEF EXECUTIVE AND THE COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE PHILIPPINES, SALVADOR C. MEDIALDEA, EXECUTIVE SECRETARY AND CHAIRPERSON OF THE ANTI-TERRORISM COUNCIL (ATC), VICENTE SOTTO III, IN HIS CAPACITY AS SENATE PRESIDENT OF THE PHILIPPINES AND ALAN PETER CAYETANO, IN HIS CAPACITY AS THE SPEAKER OF THE HOUSE OF THE REPRESENTATIVES OF THE PHILIPPINES, RESPONDENTS.

PHILIPPINE MISEREOR PARTNERSHIP, INC., REPRESENTED BY YOLANDA R. ESGUERRA; CAUCUS OF DEVELOPMENT NGO NETWORKS, INC., REPRESENTED BY SANDINO SOLIMAN; CATHOLIC BISHOPS CONFERENCE OF THE PHILIPPINES-CARITAS FILIPINAS FOUNDATION INC., REPRESENTED BY ANTONIO JR. E. LABIAO; AND DISASTER RISK REDUCTION NETWORK PHILIPPINES, REPRESENTED BY SUSANA M. BALINGIT, PETITIONERS, VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, THE MEMBERS OF THE ANTI- TERRORISM COUNCIL: HERMOGENES C. ESPERON JR. IN HIS CAPACITY AS THE NATIONAL SECURITY ADVISER, TEODORO L. LOCSIN, JR. IN HIS CAPACITY AS THE SECRETARY OF FOREIGN AFFAIRS, DELFIN N. LORENZANA IN HIS CAPACITY AS THE SECRETARY OF NATIONAL DEFENSE, EDUARDO M. AÑO IN HIS CAPACITY AS THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, CARLOS G. DOMINGUEZ III IN HIS CAPACITY AS THE SECRETARY OF FINANCE, MENARDO I. GUEVARRA IN HIS CAPACITY AS THE SECRETARY OF JUSTICE, GREGORIO B. HONASAN II IN HIS CAPACITY AS THE SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, AND MEL GEORGIE B. RACELA IN HIS CAPACITY AS THE EXECUTIVE DIRECTOR OF THE ANTI MONEY LAUNDERING COUNCIL, RESPONDENTS.

PAGKAKAISA NG KABABAIHAN PARA SA KALAYAAN (KAISA KA), ACTION AND SOLIDARITY FOR THE EMPOWERMENT OF WOMEN (ASSERT-WOMEN), DAP-AYAN TI BABBAI, KAISA KA YOUTH, PAGKAKAISA NG MGA SAMAHAN NG MANGINGISDA (PANGISDA-WOMEN), ORIANG, PAMBANSANG KONGRESO NG KABABAIHAN SA KANAYUNAN (PKKK), SARILAYA, WORKERS FOR PEOPLE'S LIBERATION - WOMEN, WOMEN'S LEGAL AND HUMAN RIGHTS BUREAU (WLB), THE YOUNG WOMEN INITIATIVES (YOUWIN), LUALHATI BAUTISTA, CAITLIN LOUISE M. CASEÑAS, NIZA CONCEPCION, PRECY D. DAGOOC, CORAZON V. FABROS, MYLEN F. GOYAL, PROF. MARIA LAYA T. LARA, CLAIRE DE LUNE LOPEZ, MARIA JOCELYN KARA MAGSANOC, AIDA SANTOS MARANAN, DR. JUNICE LIRZA D. MERGAL, ANA MARIA NEMENZO, ATTY. CLARA RITA PADILLA, TERESITA ANG SEE, ROSEMARIE D. TRAJANO AND RHODA URIZAR VIAJAR, PETITIONERS, VS. ANTI-TERRORISM COUNCIL, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, SALVADOR C. MEDIALDEA, HERMOGENES C. ESPERON, JR. TEODORO L. LOCSIN, JR., EDUARDO M. AÑO, CARLOS G. DOMINGUEZ III, MENARDO I. GUEVARRA, GREGORIO B. HONASAN II, AND MEL GEORGIE B. RACELA, AND ALL OTHER PERSONS ACTING UNDER THEIR CONTROL, DIRECTION, AND INSTRUCTIONS, RESPONDENTS.

ANAK MINDANAO (AMIN) PARTY-LIST REPRESENTATIVE AMIHILDA SANGCOPAN; DEPUTY SPEAKER MUJIV S. HATAMAN; ATTY'S. SATRINA MOHAMMAD, JAMAR M. KULAYAN ALMAN-NAJAR L. NAMLA AND BENSAUD O. DEGUSMAN; RAMEER TAWASIL; AND SHEIKH JAMSIRI T. JAINAL, PETITIONERS, VS. THE EXECUTIVE SECRETARY, HON. SALVADOR MEDIALDEA; NATIONAL SECURITY ADVISER, RET. GEN. HERMOGENES ESPERON JR.; SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, HON. TEODORO L. LOCSIN JR.; SECRETARY OF THE DEPARTMENT OF NATIONAL DEFENSE, GEN. DELFIN N. LORENZANA; SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, RET. GEN. EDUARDO AÑO; SECRETARY OF THE DEPARTMENT OF FINANCE, HON. CARLOS DOMINGUEZ III; SECRETARY OF THE DEPARTMENT OF JUSTICE, HON. MENARDO I. GUEVARRA; SECRETARY OF THE DEPARTMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY, HON. GREGORIO HONASAN; THE EXECUTIVE DIRECTOR OF THE ANTI-MONEY LAUNDERING COUNCIL (AMLC); THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA); SENATE OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SENATE PRESIDENT VICENTE C. SOTTO III; THE HOUSE OF REPRESENTATIVES, REPRESENTED BY SPEAKER ALAN PETER S. CAYETANO, THEIR AGENTS AND ALL PERSONS ACTING IN THEIR BEHALF, RESPONDENTS.

HAROUN ALRASHID ALONTO LUCMAN, JR., JAYVEE S. APIAG, TYRONE A. VELEZ, LEONARDO VICENTE B. CORRALES, MARIO MAXIMO J. SOLIS AND SALUGPONGAN TA' TANU IGKANOGON COMMUNITY LEARNING CENTER, INC., REPRESENTED BY ITS EXECUTIVE DIRECTOR MA. EUGENIA VICTORIA M. NOLASCO, PETITIONERS, VS. SALVADOR C. MEDIALDEA IN HIS CAPACITY AS EXECUTIVE SECRETARY, THE ANTI-TERRORISM COUNCIL THROUGH ITS CHAIRMAN, SALVADOR C. MEDIALDEA, THE SENATE OF THE PHILIPPINES THROUGH VICENTE SOTTO III, IN HIS CAPACITY AS SENATE PRESIDENT, THE HOUSE OF REPRESENTATIVES THROUGH ALAN PETER CAYETANO IN HIS CAPACITY AS HOUSE SPEAKER, RESPONDENTS.

At the vortex of these consolidated petitions is a deceivingly simple query: Should Republic Act No. 11479, notoriously known as the Anti-Terrorism Act of 2020 (ATA), be declared unconstitutional for infringing upon most of our civil liberties?

Prefatorily, the ponente's efforts to address the intricate web of procedural and substantive issues presented by the petitioners is highly laudable. While I concur in most of the results, I respectfully dissent from the explication made in the ponencia concerning the validity of Section 29, chiefly because the provisions thereof are antithetical to the constitutional tenet of due process.

Section 29 encompasses the rule on detention without judicial warrant of arrest, framed in this wise:

Concomitantly, its counterpart provisions in the Implementing Rules and Regulations (IRR) provide:

In determining whether Section 29 should be nullified for restraining or chilling the exercise of freedom of expression and its cognate rights, the ponencia did not utilize the void-for-vagueness doctrine since "petitioners have not sufficiently presented any demonstrable claim that the wording or text of the assailed provision is ambiguous, or that it fails to specify what is prohibited or required to be done so that one may act accordingly."1

However, considering that petitioners have impugned Section 29 for transgressing the right to due process,2 a right which is appurtenant to the void-for-vagueness doctrine, I humbly submit that this doctrine should have been applied in analyzing the constitutionality of Section 29 notwithstanding the paucity of averments regarding the ambiguity of its text.

Indeed, the scope of facial challenges in this jurisdiction remains narrow in construction and almost surgical in application; these are generally allowed only in cases where freedom of speech and its cognate rights are asserted before this Court. The dictum of this Court in SPARK v. Quezon City3 is clear, that "the application of the overbreadth doctrine is limited to a facial kind of challenge and, owing to the given rationale of a facial challenge, applicable only to free speech cases."4

Nevertheless, in Disini v. Secretary of Justice,5 this Court refined the admissible extent of facial challenges, such that "[w]hen a penal statute encroaches upon the freedom of speech, a facial challenge grounded on the void-for-vagueness doctrine is acceptable."6 The rationale for such an exception is patently discernible, which is to counter the "chilling effect" on protected speech that inevitably arises from statutes violating free speech. A person who does not know whether his speech constitutes a crime under an overbroad or vague law may simply restrain himself from speaking in order to avoid being charged with a crime. The overbroad or vague law thus chills him into silence.7

Taken altogether, a facial challenge on the basis of overbreadth may only proceed against a law or regulation specifically addressing the freedom of speech or its cognate rights.ℒαwρhi৷ Upon the other hand, a facial challenge on the ground of void-for-vagueness is permissible against penal statutes that seemingly impinge upon the freedom of speech and its associated rights. At this juncture, a statute or act may be unconstitutionally vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: first, it violates due process for failing to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and second, it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle.8

A fortiori, it is axiomatic that due process requires that the terms of a penal statute must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties. A criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute, or is so indefinite that it encourages arbitrary and erratic arrests and convictions, is void for vagueness. The constitutional vice in a vague or indefinite statute is the injustice to the accused in placing him on trial for an offense, the nature of which he is given no fair warning.9

In the case at bench, to echo the sterling elucidation by our esteemed colleague Justice Caguioa, it is readily perceptible from the clear wording of Section 29 of the ATA the utter failure to provide the standards and restrictions for the issuance of a written authority to detain a person suspected of committing any of the punishable offenses under Sections 4 to 12 of the same statute for the initial fourteen (14) day period. On its face, Section 29 merely inaugurates a ministerial duty upon the Anti-Terrorism Council (ATC) to issue a written authority for detention based exclusively on the account of the law enforcement officer or military personnel that the detainee is suspected of committing terrorist acts. In this regard, it is ineludible that the application of the void-for-vagueness doctrine is warranted.

Perhaps equally significant is the fact that the text of Section 29 decrees a standard of arrest lower than that of probable cause, i.e., upon mere suspicion that a person is committing speech-related terrorist crimes, such as but not limited to inciting to terrorism (Section 9), proposal to commit terrorism (Section 8), and threat to commit terrorism (Section 5).

The foregoing illuminations further underscore that the period of the warrantless detention contemplated by Section 29 is not only repugnant to the Constitution, but is also unconscionable, unnecessarily long, and incompatible with human dignity. Under this provision, the suspected individual has virtually no means of questioning the legality of his or her arrest and extended detention before the ATC or the courts. Elsewise stated, it expressly removed the processes that would allow the judiciary to review the validity and propriety of the detention. These intellections will be discussed hereinafter in seriatim.

Philippine case law is replete with decisions which acknowledge that prolonged detention without charge or trial severely undermines constitutional rights.(awÞhi( For example, in Mejoff v. The Director of Prisons,10 this Court opined:

It was said or insinuated at the hearing of the petition at bar, but not alleged in the return, that the petitioner was engaged in subversive activities, and fear was expressed that he might join or aid the disloyal elements if allowed to be at large. Bearing in mind the Government's allegation in its answer that "the herein petitioner was brought to the Philippines by the Japanese forces," and the fact that Japan is no longer at war with the United States or the Philippines nor identified with the countries allied against these nations, the possibility of the petitioner's entertaining or committing acts prejudicial to the interest and security of this country seems remote.

If we grant, for the sake of argument, that such a possibility exists, still the petitioner's unduly prolonged detention would be unwarranted by law and the Constitution, if the only purpose of the detention is to eliminate a danger that is by no means actual, present, or uncontrollable. xxx11

Accordingly, to curb the risks of arbitrary detention, Article 125 of the Revised Penal Code dictates that a public officer or employee shall deliver a detained person to the proper judicial authorities within the period of twelve (12) hours for crimes or offenses punishable by light penalties; eighteen (18) hours for crimes or offenses punishable by correctional penalties; and thirty-six (36) hours for crimes or offenses punishable by afflictive or capital penalties.

Au contraire, Section 29 of the ATA protracts such a period for eleven (11) days, and under the appropriate circumstances even extending the detention for a further ten (10) days without delivery of such detainee to the proper judicial authority, where the detainee is suspected of committing terrorism or other terror-related offenses.

Significantly, the IRR itself does not remedy the vagueness attending Section 29. While Rule 9.1 instructs law enforcement officers or military personnel to procure a written authority from the ATC by submitting a sworn statement declaring "the details of the person suspected of committing acts of terrorism, and the relevant circumstances as basis for taking custody of the said person," the feet remains that there is in the plain language of either Section 29 or Rule 9.1 no poignant reference to any clear standards and qualifications that must be applied by the said body to authorize the initial detention of fourteen (14) days.

Withal, law enforcement officers or military personnel are not commanded to furnish the detainee a copy of the sworn statement under Rule 9.1. Worse, the detainee is neither notified of the basis for the evaluation made by the ATC, nor given any opportunity to answer or refute its findings. These infirmities unquestionably embody a gross violation of due process and pose a threat to the liberty of all persons in light of the scope of the punishable acts under the ATA.

Appositely, the following exchanges between the Office of the Solicitor General (OSG) and members of this Court during the oral arguments are enlightening:

Ineluctably, Section 29 is tainted with ambiguity, considering that the State itself, through the OSG, appears at a loss as to how a detainee may judiciously question his detention under this provision. This is a clear derogation of the constitutional mandate to protect each person's right against arbitrary detention and right to due process as enshrined in the Bill of Rights,16 because the detainee is effectively deprived of any meaningful opportunity to be heard.

Even in the realm of international law, the right to due process is encapsulated in Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which the Philippines is a State-Party. The prolonged detention under Section 29 of the ATA transgresses such right, and in the same vein, violates the right against arbitrary detention codified under Article 9 of the same covenant, viz.:

Undisputedly, a detainee possesses the right to question the legality of his or her arrest before the ATC or the courts during the prolonged detention. Likewise, in the event of unlawful arrest or detention, the detainee has the right to compensation which shall be enforceable upon action filed with judicial authority. As presently worded, Section 29 is found wanting such invaluable safeguards.

Furthermore, the United Nations (UN) Human Rights Committee highlighted that the ICCPR "is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, etc."17 Evidently, Article 9(1) of the ICCPR also envisages administrative or preventive detention, such as the one set out under Section 29 of the ATA. Perforce, the fail-safes embodied in Article 9 of the ICCPR should be extended to detainees under Section 29, such as court control of the detention, as well as compensation in the case of a breach.18

To be sure, Section 29 is tellingly violative of the universal right against arbitrary detention under Article 9 of the ICCPR, thus:

The second sentence of paragraph 1 prohibits arbitrary arrest and detention, while the third sentence prohibits unlawful deprivation of liberty, i.e., deprivation of liberty that is not imposed on such grounds and in accordance with such procedure as established by law. The two prohibitions overlap, in that arrests or detentions may be in violation of the applicable law but not arbitrary, or legally permitted but arbitrary, or both arbitrary and unlawful. Arrest or detention that lacks any legal basis is also arbitrary. Unauthorized confinement of prisoners beyond the length of their sentences is arbitrary as well as unlawful; the same is true for unauthorized extension of other forms of detention.19

In delivering its opinion on human rights, terrorism, and counter-terrorism, the Office of the UN High Commissioner for Human Rights accentuated that detained persons must have the ability "to have the lawfulness of their detention determined by a judicial authority."20 So too, civilian courts must have jurisdiction to supervise the application of counter-terrorist measures without any pressure or interference, particularly from the other branches of government."21

To drive home the point, illustrative cases from other systems serve as our jurisprudential polestar on the right, against arbitrary and prolonged detention in the context of an anti-terrorism campaign, as follows:

In Ocalan v. Turkey,22 the European Court of Human Rights (ECHR) decreed that the bare invocation of terrorism does not automatically grant sweeping authority to arrest suspects for questioning without limits, viz.:

The Court has already noted on a number of occasions that the investigation of terrorist offences undoubtedly presents the authorities with special problems. xxx This does not mean, however, that the investigating authorities have carte blanche under Article 5 to arrest suspects for questioning, free from effective control by the domestic courts and, ultimately, by the Convention supervisory institutions, whenever they choose to assert that terrorism is involved xxx.23

Likewise, in Al-Nashif v. Bulgaria,24 the ECHR expounded the delicate balance between national security and deference to human rights, thus:

Even where national security is at stake, the concepts of lawfulness and the rule of law in a democratic society require that measures affecting fundamental human rights must be subject to some form of adversarial proceedings before an independent body competent to review the reasons for the decision and relevant evidence, if need be[,] with appropriate procedural limitations on the use of classified information xxx.

The individual must be able to challenge the executive's assertion that national security is at stake. While the executive's assessment of what poses a threat to national security will naturally be of significant weight, the independent authority must be able to react in cases where invoking that concept has no reasonable basis in the facts or reveals an interpretation of 'national security' that is unlawful or contrary to common sense and arbitrary.

Failing such safeguards, the police or other State authorities would be able to encroach arbitrarily on rights protected by the Convention.25

Moreover, in Aksoy v. Turkey26 and Brogan and Others v. United Kingdom,27 the ECHR reckoned that detention without judicial intervention for fourteen (14) days, and four (4) days and six (6) hours, respectively, is unlawful. It ratiocinated that a fourteen (14) day period is exceptionally long and left the detainee vulnerable not only to arbitrary interference with his right to liberty, but also to torture.28 "The undoubted fact that arrest and detention of the applicants were, inspired by the legitimate aim of protecting the community as a whole from terrorism is not on its own sufficient to ensure compliance with the specific requirements of Article 5 para. 3 (art. 5-3)."29

Meanwhile, in Boumediene v. Bush30 the petitioners therein were able to establish before the United States Supreme Court the constitutional infirmities from which the Detainee Treatment Act of 2005 suffered, such as the absence of provisions allowing them to challenge the President's authority to detain them for a longer period under the Authorization for Use of Military Force (AUMF), to contest the Combatant Status Review Tribunal's (CSRT)31 findings of fact, and to supplement the record on review with exculpatory evidence discovered after the CSRT proceedings. The Court pertinently held:

In considering both the procedural and substantive standards used to impose detention to prevent acts of terrorism, proper deference must be accorded to the political branches. xxx The law must accord the Executive substantial authority to apprehend and detain those who pose a real danger to our security.

Officials charged with daily operational responsibility for out-security may consider a judicial discourse on the history of the Habeas Corpus Act of 1679 and like matters to be far removed from the Nation's present, urgent concerns. Established legal doctrine, however, must be consulted for its teaching. Remote in time it may be irrelevant to the present it is not. Security depends upon a sophisticated intelligence apparatus and the ability of our Armed Forces to act and to interdict. There are further considerations, however. Security subsists, too, in fidelity to freedom's first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to the separation of powers. It is from these principles that the judicial authority to consider petitions for habeas corpus relief derives.32

In obeisance to the foregoing concatenate of jurisprudence, there must also be a robust system of challenging unreasonable prolonged detentions in our jurisdiction to ensure fidelity and adherence to the primacy of protecting the right to due process. Detainees under the ATA should be afforded a prompt and meaningful opportunity to challenge the facts giving rise to detention and to offer evidence in rebuttal thereof before a neutral arbiter.33 "Meaningful" in this context entails, inter alia, the participation of legal counsel or independent representation, as well as a genuine opportunity for the detainee to respond to the factual basis of his or her detention.34 Anent the promptness requisite, "detainees must have at least a preliminary opportunity to contest their detention within a matter of days, not months."35

On that score, the process delineated in Section 29 and the assertions made by the OSG during the oral arguments, when juxtaposed with the aforecited pronouncements, despondently fall short of according detainees a tangible opportunity to contest, the legality of their protracted detention before the ATC as well as the courts.

Given the foregoing disquisition, the polemics against Section 29 carry sufficient weight and conviction. While there is an undeniable need to strengthen the State's efforts to combat terrorism, promote the nation's security, and ensure the safety of all, counter-terrorism measures should still be formulated within constitutional bounds and in reverence of our human rights obligations.

In epitome, I accede that the law in question was crafted out of the necessity to mitigate the legitimate threats of terrorism both from within and outside our borders. Still and all, the peace and security of the nation's people should not come at the expense of their constitutionally-guaranteed freedoms. Hence, in fealty to this Court's mandate as the final beacon of justice and civil liberties, I join Justices Caguioa and Gaerlan in voting to declare Section 29 of the ATA as unconstitutional.