Unconstitutional Provisions in the Anti-Terrorism Act of 2020 (RA 11479): G.R. No. 252578 Analysis

In G.R. No. 252578, the Supreme Court declared certain provisions of Republic Act No. 11479 or the Anti-Terrorism Act of 2020 as unconstitutional. The following provisions were declared as unconstitutional:

1. Section 4(a)(3) - This provision defines terrorism as an act intended to 'cause extensive interference with, damage or destruction to' critical infrastructure, which includes 'government facilities, public utilities, and other essential facilities.' The Supreme Court found this provision to be unconstitutional because it is overbroad and vague, and it could potentially criminalize legitimate acts of dissent and protest.

2. Section 4(b) - This provision defines terrorism as an act that 'seriously destabilizes or destroys the fundamental political, economic, or social structures of the country.' The Supreme Court declared this provision as unconstitutional because it is overbroad and vague, and it could be used to criminalize legitimate acts of dissent and protest.

3. Section 25 - This provision allows law enforcement authorities to detain suspected terrorists without a warrant for up to 24 days. The Supreme Court declared this provision as unconstitutional because it violates the right to due process and the right to be presumed innocent until proven guilty.

4. Section 29 - This provision allows the Anti-Terrorism Council to designate individuals or groups as terrorists without a judicial warrant. The Supreme Court declared this provision as unconstitutional because it violates the right to due process and the right to be heard.

5. Section 44 - This provision allows the Anti-Terrorism Council to authorize the surveillance, interception, and recording of communications of suspected terrorists without a court order. The Supreme Court declared this provision as unconstitutional because it violates the right to privacy and the right to be protected against unreasonable searches and seizures.

The Supreme Court declared these provisions as unconstitutional because they violate various constitutional rights, such as the right to due process, the right to be presumed innocent until proven guilty, the right to be heard, the right to privacy, and the right to be protected against unreasonable searches and seizures. The Court found these provisions to be overbroad and vague, which means that they could be used to criminalize legitimate acts of dissent and protest. The Court also found these provisions to be unconstitutional because they allow law enforcement authorities to detain individuals without a warrant and to designate individuals or groups as terrorists without a judicial warrant.