Conversation

Lian Buan
@lianbuan
Carandang raises red-tagging of community pantries. Asks: "Some govt officials are associating organizers to the NPA, what's the basis?" Rigodon says he has no knowledge. Tosses the question to NSA Esperon. "We will ask him later," says Carandang.
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Lian Buan
@lianbuan
Carandang: There's already informal surveillance conducted? ASG Galandines: Yes your honor, for confidential info. Carandang: But it's obtained from surveillance, not through open report. Does this not violate privacy? Galandines: We submit it's a matter of national security
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Lian Buan
@lianbuan
ASG Galandines says government is amenable to the Supreme Court issuing rules for Court of Appeals surveillance orders.
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Lian Buan
@lianbuan
Carandang: What's the standard for CA to issue surveillance order? Galandines: Probable cause. Carandang: Marami tayong probable cause. Iba iba ang level. Galandines: Probable cause based on personal knowledge.
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Lian Buan
@lianbuan
Upon Carandang's questioning, Galandines says surveillance goes first, and can lead to a designation. Galandines says they're not a pre-requisite of each other. Designation is the unique power of the anti-terror council to tag a person a terrorist without a court process.
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Lian Buan
@lianbuan
Carandang: What's the consequence of designation? Galandines: Freezing of assets. Carandang: That's the only one? Are you sure? Galandines: Yes. DOJ said before that frozen assets is the only consequence. Petitions fear arrest.
rappler.com
Are activists at risk of arrest, being designated terrorists? They'll rely on good faith.
(UPDATED) 'I would like to think that the anti-terrorism council...will be a little more careful in making its designation,' says Justice Undersecretary Adrian Sugay
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Lian Buan
@lianbuan
Galandines on designation: It can be basis for the eventual filing of proscription. Proscription is a distinct power of declaring people as terrorists through a court process. Designation is a secret anti terror council process.
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Lian Buan
@lianbuan
Carandang: Isn't designation a judicial power? Galandines: No. This is an administrative procedure. In earlier oral argument, as Justice Caguioa said, it's like a judicial power because "If it walks like a duck and quacks like a duck, it must be a duck."
rappler.com
Justice Caguioa questions broad powers of anti-terror council
Caguioa questions the validity of the law's arrest and detention provision, effectively saying this makes the case ripe for the Supreme Court
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Lian Buan
@lianbuan
Carandang: Would you agree that the SC can issue rules for proscription and preliminary order of proscription? Galandines pauses. Carandang: Kanina confident ka na pwede kaming mag issue ng rules sa surveillance, ngayon hindi ka sure.
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Lian Buan
@lianbuan
Carandang: You talk of personal knowledge, ano naman ang personal knowledge ng anti terror council na mag warrant of arrest, eh hindi naman sila ang nakakita? Galandines: Hindi po warrant of arrest. Authority to detain. Carandang: Pwede ba mag detain kung hindi mag arrest?
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Lian Buan
@lianbuan
Replying to
@lianbuan
Galandines says arrests comply to regular rules on warrantless arrest, and then secure authority from council to detain beyond regular timeframe. Carandang: That's the govt position? That's not what's written in the law.
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Lian Buan
@lianbuan
Carandang instructs ASG Galandines to be "very, very clear" in the discussion of Section 29 (warrantless arrest, detention) in their memorandum, calling the provision contentious. Caguioa pointed out before that law's vagueness is apparent by how some officials misunderstand it
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Lian Buan
@lianbuan
Carandang wanted to call on NSA Hermogenes Esperon, but Chief Justice Alex Gesmundo said it could be for next session as it's already 5:30pm. Session today is adjourned.
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Lian Buan
@lianbuan
Atty Neri Colmenares allowed to make a manifestation. Colmenares was red tagged earlier by Calida. Colmenares: I believe this does not constitute a crime even if true (that my campaign materials were found). Therefore, the imputation of a crime by mentioning me is uncalled for.
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Lian Buan
@lianbuan
Colmenares: They may say they're just stating facts, not accusing me. But if so, why mention my name? This is red-tagging. Red-tagging is a deadly offense.
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Lian Buan
@lianbuan
The next oral arguments will be on May 4. NSA Esperon is expected to be interpellated as Justice Carandang wanted to ask about the red-tagging of community pantries.
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