‘Di kailangan ng IRR! Calida: Anti-Terror Law already in effect
Solicitor General Jose Calida said on Thursday (July 23) there is no need to wait for the implementing rules and regulations (IRR) to enforce the Anti-Terrorism Act (ATA) of 2020.
“The pending issuance of an IRR cannot defer the law coming into force,” he said in a statement.
Calida cited that the Supreme Court (SC) declared in past rulings that “laws are not contingent on the implementing rules.”
“To claim that the law is ineffective until implementing rules are promulgated creates an absurd situation where an agency can delay the effectivity of the law by delaying promulgation of its rules,” he said
“To argue that a law is less than a law, because it is made to depend on a future event or act, is to rob Congress of its plenary power to act wisely for the public welfare,” he added.
Among the provisions of the ATA, Calida said that Sections 45 and 52 may need to wait for the IRR before being implemented.
“Under both sections, Congress delegated quasi-legislative functions to the Anti-Terrorism Council and the Bureau of Jail Management and Penology and Bureau of Corrections to craft purely administrative rules for the effective implementation of the policies of the law,” he explained.
Otherwise, Calida assured “the complete publication of the ATA is the only condition sine qua non before it can take effect.”
“While there are provisions where operational details need to be spelled out or standards clearly defined in the IRR for the proper implementation of the law, there is no provision in the ATA which prohibits its implementation without an IRR,” he said.