Di na natuto: Carpio schooled (again) by Ping on ATL

For the nth time, it was a non-lawyer schooling an eminent former Supreme Court justice on the newly signed Anti-Terrorism Act of 2020.

Sen. Panfilo Lacson on Thursday took to Twitter to correct former Associate Justice Antonio Carpio’s claim that Lacson and President Rodrigo Duterte are wrong on the new measure.

In his column, Carpio claimed Lacson and President Rodrigo Duterte were “sadly mistaken” with regard to the Communist Party of the Philippines-New People’s Army (CPP-NPA) as terrorists. He added proscription means the designation of a group or association as engaged in the crime of terrorism.

“For the nth time, and again, with due respect to Justice Tony, PROSCRIPTION is different from DESIGNATION. Since proscription is a judicial process, let us leave it to the RTC or CA to decide on the pending case: Are CPP-NPA rebels terrorists?” Lacson countered in a post on his Twitter account (https://twitter.com/iampinglacson/status/1283561350535327744).

In earlier statements, Lacson said Duterte’s statement claiming the NPAs are terrorists referred to the designation of the CPP-NPA as a terrorist group by the Anti-Terrorism Council in late 2017 as authorized by Sec. 11 of Republic Act 10168, the Terrorist Financing Prevention and Suppression Act of 2012.

This in turn allowed the filing of a proscription case by the Department of Justice. The proscription case is now pending before the Manila Regional Trial Court.

Lacson explained there is a difference between designation and proscription – with designation an administrative act that can be exercised by the Executive Branch through the ATC; and proscription a judicial act which only the courts can decide.

Last June, Lacson corrected Carpio’s claim that Section 29 of the then bill authorized the Anti-Terrorism Council to allow warrantless arrests, saying the ATC does not have judicial or quasi-judicial functions.

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Di na natuto: Carpio schooled (again) by Ping on ATL

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