MANILA — The full implementation of the Anti-Terrorism Law and the granting of amnesty to several rebel groups can both be implemented without any legal problems, the Department of Justice (DOJ) said on Thursday.

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DOJ spokesperson Mico Clavano said the two “can go on simultaneously.”

“The two are mutually exclusive. The current talks, which have been opened up by the administration, have nothing to do with the implementation of the ATA of 2020,” he said in a virtual press briefing organized by the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

However, Clavano noted that the full implementation of the Anti-Terrorism Act could affect the “status” of certain groups asking for amnesty, but did not further elaborate.

“These two can go on simultaneously. It may affect the status of a certain group granted amnesty if ever. However, the acts of terrorism, if still done during the talks, can still be prosecuted under the law. It’s a matter of good faith,” he added. “The law can still be implemented despite the ongoing talks for amnesty.”

The NTF-ELCAC also welcomed the Supreme Court’s approval and issuance of the procedural rules concerning petitions and applications related to the implementation of the Anti-Terrorism Act of 2020.

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These procedural rules are set to take effect on January 15, and will apply to petitions and applications related to detentions without judicial warrants of arrest, surveillance orders, freeze orders, restrictions on travel, designations, proscriptions, and other court orders issued to implement the ATA.

“This is really a positive and welcome development because we see this as the Supreme Court giving its further imprimatur on the constitutionality of the provisions of the ATA,” said James Clifford Santos, spokesperson for the NTF-ELCAC’s Legal Cooperation Cluster.

Santos agreed with Clavano, saying the Anti-Terrorism Law and granting of amnesty can “go hand in hand.”

“They can go simultaneously and hand in hand without any legal problem,” Santos noted.

He also explained that the amnesty only tackles political crimes, not heinous crimes like terrorism.

“The proclamation of amnesty and full implementation of the ATA are two different animals. When we talk about amnesty, we talk about the obliteration of the crimes. Amnesty looks backward and obliterates the political offenses,” Santos pointed out.

He continued, “As far as I can remember, the recent proclamations of the president do not cover particular heinous crimes, kasama doon ‘yung terrorism. It looks back while the implementation of the ATA is concerned with prospective application of the tools that the law grants when it comes to quelling terrorism in our country.”

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11 NPA MEMBERS FACE TERRORISM RAPS

The DOJ meanwhile said terrorism charges were filed against 11 members of the New People’s Army who ambushed Philippine Army troops in May last year at Barangay Malisbong in Sablayan, Occidental Mindoro.

“The cases have already been filed in Occidental Mindoro, charging them with terrorism. Fortunately, ang mga sundalo natin safe naman at walang namatay, and the 11 were caught. We are happy with that operation. We have filed the necessary charges,” Clavano said.

While there were no casualties in the attack, the DOJ said prosecutors characterized it as an act of terrorism.

The NTF-ELCAC, meanwhile, lauded the DOJ’s filing of charges.

“They are responsible for ambushing the PH Army soldiers with high-powered firearms and improvised explosive devices on May 30, 2023,” Santos said.

“The intent behind the ambush was deemed to cause death and serious injury, and spread an atmosphere of fear, thereby destabilizing the fundamental political, economic and social structures of the Philippines. The (NTF-ELCAC) LCC lauds and stands united with the DOJ in its unwavering commitment to combat terrorism,” he added.