Chief Justice Gesmundo: Courts Must Balance State Interests and People’s Rights in Terrorism Cases
April 24, 2024
Chief Justice Alexander G. Gesmundo delivers the keynote address on the first day of the “Training and Capacity-Building for the Implementation of the Rules on Anti-Terrorism Act of 2020 and Related Laws” held on April 23-24, 2024 at Sheraton Manila Hotel, Pasay City. (Courtesy of the Supreme Court Public Information Office)
Chief Justice Alexander G. Gesmundo, in his keynote address during the Training and Capacity-Building for the Implementation of the Rules on Anti- Terrorism Act of 2020 and Related Laws, held on April 23-24, 2024 at Sheraton Manila Hotel, Pasay City, underscored the significance of striking a balance between the protection of the state and the fundamental rights of the people in the implementation of the Rules on the Anti-Terrorism Act of 2020 and Related Laws.
According to the Chief Justice, courts must “strike the ever delicate balance between two cardinal interests,” adding that the direction of that balance must be “determined by what the government must do to protect itself vis-à-vis the constitutional limitations imposed by its own people.”
“Thus, it becomes imperative that in responding to threats of terrorism, the state cannot be overzealous and casually disregard these rights. On the other hand, our courts cannot be overcautious and allow unrestricted exercise of rights which can easily cover and disguise terroristic acts,” he stressed.
Chief Justice Gesmundo cited the issuance of the Rules on the Anti- Terrorism Act of 2020 and Related Laws (A.M. No. 22-02-19-SC), which took effect on January 15, 2024, as a significant achievement of the Supreme Court in striking this balance. He then acknowledged the Ad Hoc Committee for the Formulation of the Special Rules of Procedure on Anti-Terrorism Cases chaired by Chief Justice Reynato S. Puno (Ret.).
Speaking before the Associate Justices of the Court of Appeals (CA), judges of anti-terrorism courts and their pairing courts, and court attorneys, Chief Justice Gesmundo likewise acknowledged the extraordinary nature of terrorism and terrorism financing cases where justices and judges are presented with peculiar pieces of evidence which require specialized knowledge and expertise. He thus emphasized the need for sufficient training and capacity-building activities to implement the ATA Rules.
The Chief Justice also expressed gratitude to the development partner, Australian Government, for their support in this activity. He mentioned the study visit in Australia in June 2023, where the Philippine magistrates participated in knowledge-sharing on the best practices in handling anti-terrorism cases.
In her welcome remarks, Philippine Judicial Academy (PHILJA) Chancellor and retired SC Associate Justice Rosmari D. Carandang shared that “the subject of anti-terrorism holds a deep personal significance” for her as the ponente of the landmark case Calleja v. Executive Secretary. She had witnessed “the urgent need for a robust legal framework” to combat terrorism. She highlighted the importance of education and collaboration to equip justices and judges with the necessary knowledge.
Organized by the PHILJA in partnership with The Australian Government- Department of Foreign Affairs and Trade’s Australian Aid, the Training aims “to provide justices, judges, and court attorneys with a comprehensive discussion of the Human Rights-Based and People-Centered Implementation of the Anti-Terrorism Law through Case Resolution.”
On the first day of the Training, the following topics were discussed: International Framework and Perspectives on Terrorism, Human Rights Perspective in Counter Terrorism Cases in the Philippines, Provisions of the Anti- Terrorism Act, Evidence in Anti-Terrorism Cases/Treatment of Confidential Information; and Proscription.
The discussants were CA Associate Justice Eduardo B. Peralta, Jr., Member of the PHILJA Department of Remedial Law; Former Assistant Court Administrator and Public Information Office Chief Atty. Theodore O. Te, Chairperson of the PHILJA Department of Humanitarian Law and Human Rights; and Dr. Cheselden George V. Carmona, Chairperson of the PHILJA Department of Commercial Law.
On Day 2, the modules are: Overview of the Anti-Money Laundering Act in Relation to Terrorist Financing Cases; Aspects of Probable Cause in Anti-Terrorism Cases and Terrorism Financing; Fundamentals of Intelligence by the National Intelligence Coordinating Agency (NICA), Counter Terrorism Information Center; Discussion on Intelligence Reports and Forensic Evidence; Judicial Authorization to Conduct Surveillance; Restriction on the Right to Travel (Rule 6 of the Rules of Procedure; Sec. 34 of the ATA); and Arrest (Section 29), Preventive Detention, Judicial Warrants.
Among the lecturers for the second day are CA Associate Justice Germano Francisco D. Legaspi, Member, PHILJA Department of Ethics and Judicial Conduct; CA Associate Justice Raymond Reynold R. Lauigan, Member, PHILJA Department of Criminal Law; CA Associate Justice Jose Lorenzo R. Dela Rosa, Member, PHILJA Department of Remedial Law; Judge Georgina Uy-Perez of RTC Branch 45, Tacloban City; Atty. Adrian Ferdinand S. Sugay, Former Department of Justice Undersecretary; Atty. Romeo Raymond C. Santos, Deputy Director, Anti-Money Laundering Council-Litigation and Enforcement Group; NICA officials; and Philippine National Police officials.
PHILJA Vice Chancellor and retired SC Associate Justice Mariano C. Del Castillo will deliver the closing remarks on the second day of the Training. (Courtesy of the Supreme Court Public Information Office)
Philippine Judicial Academy (PHILJA) Chancellor and retired Supreme Court Associate Justice Rosmari D. Carandang delivers the welcome remarks on the first day of the “Training and Capacity-Building for the Implementation of the Rules on Anti-Terrorism Act of 2020 and Related Laws,” held on April 23-24, 2024 at Sheraton Manila Hotel, Pasay City. (Courtesy of the Supreme Court Public Information Office)
Chief Justice Alexander G. Gesmundo, Supreme Court Associate Justice Maria Filomena D. Singh, and Philippine Judicial Academy (PHILJA) Chancellor and retired SC Associate Justice Rosmari D. Carandang pose for posterity with Court of Appeals Associate Justices, trial court judges of designated anti-terrorism courts, and court attorneys on the first day of the “Training and Capacity- Building for the Implementation of the Rules on Anti-Terrorism Act (ATA) of 2020 and Related Laws,” held on April 23-24, 2024 at Sheraton Manila Hotel, Pasay City. Also in the photo are PHILJA officials and lecturers and members of the Technical Working Group for the Training and Capacity Building of Judges for the Implementation of the Rules on the ATA of 2020 and Related Laws. (Courtesy of the Supreme Court Public Information Office)