New SC rules cause hearing suspension

New SC rules cause hearing suspension

BAGUIO CITY—The Baguio Regional Trial Court (RTC) that has been hearing the lawsuit filed against the Anti-Terrorism Council (ATC) suspended the proceedings on Friday after the Supreme Court issued new rules governing antiterrorism cases.

The case stemmed from the ATC’s tagging of Cordillera People’s Alliance (CPA) chair Windel Bolinget and fellow CPA members Stephen Tauli, Jennifer Awingan-Taggaoa and Sarah Abellon-Alikes as terrorists purportedly without due process.

During the Friday hearing, Judge Cecilia Corazon Dulay-Archog of RTC Branch 7 said she asked the Supreme Court administrator to determine how she should proceed in light of the new “Rules on the Anti-Terrorism Act of 2020 and Related Laws (Administrative Matters or AM No. 22-02-19-SC)” that took effect on Jan. 15.

The rules cover legal procedures for ATC operational activities such as wiretapping and surveillance, and the detention of suspected terrorists without court warrants for a period that has been prescribed by Republic Act No. 11479, or the Anti-Terrorism Act of 2020.

It also provides procedures for individuals and groups who seek “judicial relief” from being designated as terrorists, but the petitions must be addressed to the Court of Appeals (CA).

Rule 9 of AM No. 22-02-19-SC guarantees that the rights of people designated as terrorists shall not be diminished and they can access judicial remedies like the writs of amparo or habeas corpus, and appeal their designation before the Supreme Court.

“In case the ATC Resolution of Designation or AMLC (Anti-Money Laundering Council) Freeze Order is based on generalities or conclusions, which will not enable a petitioner to intelligently dispute the designation, the ATC and AMLC shall have the burden of evidence to prove the existence of probable cause to designate the petitioner and freeze his/her/its/their properties and assets,” according to AM No. 22-02-19-SC.

Dulay-Archog said she still doesn’t know whether she

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