Journalists cannot be compelled under the Human
Security Act (Republic Act 9372) to reveal to law
enforcement authorities their sources of information
in connection with reports about terrorist activities
they write about.
This was pointed out today by Senate Minority Leader
Aquilino "Nene" Q. Pimentel, Jr. (PDP-Laban) who
authored this particular provision, as part of several
amendments in the HSA that were adopted at his
suggestion to prevent violations of civil liberties.
Pimentel said lawyers and doctors likewise cannot be
compelled to reveal their communications with their
clients and patients whose involvement in terrorism
activities are being investigated by the authorities.
Explaining why media practitioners should not be
required to reveal their sources of information,
Pimentel invoked section 4 of Article III (Bill of
Rights) of the Constitution which provides: "No law
shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the
people to peaceably assemble and petition the
government for redress of grievances."
"In fact, there is more reason to exempt the
correspondences, messages and records of journalists
from being monitored, bugged and recorded or
subpoenaed for use under legal compunction in the
investigation or terrorist trials than the
communications between doctors and patients," Pimentel
said.
The minority leader also cited the concern of the
Reporters Committee for Freedom of the United States
that "if any journalist strongly and legitimately
suspects that his or her communications with a sources
are being intercepted by a third party, that
journalist simply cannot promise confidentiality in
good faith to an international source when that source
could face torture or death if the communication is
revealed."
Another major amendment to the HSA adopted at
Pimentel's suggestion was the reduction of the period
of detention to terror suspects to not more than three
days if they were arrested without court warrants or
if they are not formally charged.
Originally, the maximum period for detaining terrorist
suspects without a court warrant was for 15 days and
later reduced to five days.
Justifying the shortened detention period, Pimentel
pointed out that the Constitution, under Article VII
section 18 provides that during the suspension of the
writ of habeas corpus, any person arrested or detained
for rebellion shall be judicially charged within three
days, otherwise he shall be released.
"The three-day period during which a person may be
detained without charges even during a rebellion or
invasion, is a constitutional demarcation line that
must not be breached," he said.
Pimentel said that a related amendment would require
law enforcers to immediately bring before any judge,
Commission on Human Rights official or justice of the
Sandiganbayan or Court of Appeals any person arrested
by them on charges or suspicion of terrorism before
the suspect is detained.
He said the requirement of immediately bringing an
arrested terrorist suspect to the presence of a
judicial magistrate will discourage abuse or physical
maltreatment of the suspect.
Other major amendments:
1. Compensating persons wrongfully arrested and
detained on anti-terrorism charges in the amount of
P500,000 for every day of detention.
2. Creating a grievance committee headed by the
Ombudsman before which people harassed by law
enforcers on charges of terrorism may complain and get
redress for their grievances. The grievance committee
will have their divisions - one each - in Luzon,
Visayas and Mindanao.
Pimentel said he has introduced nearly a hundred
amendments to the Human Security Act, backed by some
200 pages of studies, to make sure that the bill will
not be used as an instrument of terror against the
people.
"We worked on the Human Security Act very assiduously
and meticulously because I think, in all honesty, that
it is the most terrifying piece of legislation ever
submitted to the hall of Congress," he said.
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