'Poetic justice' if Rodrigo Duterte's anti-terror law used vs daughter Sara: lawyer

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'Poetic justice' if Rodrigo Duterte's anti-terror law used vs daughter Sara: lawyer

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Vice President Sara Duterte attends the attends the House quad committee hearing on the extrajudicial killings, addressing alleged human rights violations from her father former president Rodrigo Duterte administration’s war on drugs on November 13, 2024. Maria Tan, ABS-CBN NewsVice President Sara Duterte attends the attends the House quad committee hearing on the extrajudicial killings, addressing alleged human rights violations from her father former president Rodrigo Duterte administration’s war on drugs on November 13, 2024. Maria Tan, ABS-CBN News

MANILA — It would be "poetic justice" if the "crazy, stupid" Anti-Terrorism Act signed into law by former President Rodrigo Duterte is used against his daughter Vice President Sara Duterte over her "threatening" remarks against President Ferdinand Marcos, Jr. amid their worsening political rift, a human rights lawyer said Thursday. 

With at least 25 petitions filed at the Supreme Court against it, the Anti-Terrorism Act, signed in 2020 in the middle of the pandemic, is one of the most challenged laws in Philippine history.

The Supreme Court later affirmed most of the provisions of the law, which petitioners warned was prone to abuse and could be "weaponized" against legitimate criticism and dissent.

According human rights lawyer Antonio La Viña, Duterte's revelation that she had arranged the assassination of Marcos, the Fist Lady, and the House Speaker should she get killed would at least be considered "grave threat" and may in fact qualify as "terrorism" under her father's anti-terror law.

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"I would consider this certainly grave threat, pero seriously puwede rin syang maging terrorism (but, seriously, this can also be considered terrorism) ... it's punishable under Section 4 of the Anti-Terrorism Act," he told Teleradyo Serbisyo.

Section 4 defines terrorism, which petitioners said was too broad. 

Counted as terrorism are "acts intended to cause death or serious bodily injury" that are meant to "intimidate the general public or a segment thereof", create an atmosphere of fear, intimidate the government or "seriously destabilize or destroy" the country's political, economic and social structures.

'CONDITIONAL THREAT'

For La Viña, Duterte's argument that it was a "conditional threat" does not make sense since she insisted during her midnight press conference that her kill plan was "no joke."

"Wala namang conditional threat kasi sinet na niya in motion na kung 'papatayin ako, papatayin ko sila.' So may plano na. And very clear nga din [she said] 'no joke, no joke' ito," he said.

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(It is not a conditional threat because she had set in motion that 'if you kill me, I'll kill you.' So there already is a plan. And she very clearly said she was not joking)

La Viña said that even if he believes that the anti-terror law was "crazy, stupid" due to its vagueness and apparent targeting of dissenters, there would be a "poetic justice" in using it against Sara Duterte.

"Kita naman ang kalokohan ng ating Anti-Terrorism Act, sa totoo lang against ako sa (ATL) dahil napaka-vague. It can be used against anyone," he said.

(It's clear that the Anti-Terrorism Act is nonsense. To be honest, I am against it because it is so vague. It can be used against anyone.)

He said the law has been used against expelled congressman Arnolfo Teves Jr., who faces cases for the 2023 murder of Negros Oriental Gov. Roel Degamo.

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Duterte said Wednesday she suspects the government will use the same "playbook" against her as was used against Teves.

But La Viña said the law can also be used against regular Filipinos.

"It can be used against a school teacher. It's being used against sari-sari store owners na nagbebenta ng sigarilyo, sinasabi nilang [New People's Army]. It's a crazy law to be honest, it's a stupid, crazy law that will not fight terrorism," he said.

(It's being used against sari-sari store owners who sell cigarettes and the government is saying they are NPA)

"Pero sa totooo lang tatay niya nag-sign nito, pinagmamalaki nila ito, so poetic justice na gagamitin 'yan against them ngayon for threatening the president," La Viña added.

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(But, really, it was her father who signed this into law. They are proud of this. So, there is poetic justice in it being used against them now for threatening the president)

Signed in July 2020, Republic Act No. 11479, or the Anti-Terrorism Act of 2020 has been against several activists, and most notably, Teves Jr.

The Vice President had earlier said that her statement of "killing" the First Family was "maliciously taken out of logical context."

Duterte is currently under investigation over her controversial remark.

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