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The Supreme Court has issued the set of procedural rules which will govern all petitions and applications concerning the Anti-Terrorism Act of 2020 and other related laws.
The said rules shall apply to petitions and applications regarding detentions without judicial warrants of arrest, surveillance orders, freeze orders, restrictions on travel, designations, proscriptions, and other court issuances promulgated to implement the ATA and other related laws.
It laid down the procedure to be followed by an individual, organization, association, or group of persons who seek to obtain judicial relief from their designation as terrorist by the Anti-Terrorism Council and the issuance of any freeze order by the Anti-Money Laundering Council as a result of such designation.
The Rules also provides for the issuance of an Order of Proscription by the Court of Appeals, upon a verified petition by the Department of Justice Secretary, declaring as outlawed terrorist any group of persons, organization, or association that commits any of the acts defined and penalized under Sections 4 to 12 of the ATA, or that is organized to engage in terrorism.
The CA, within 72 hours from the filing of such verified petition, issue ex parte a Preliminary Order of Proscription upon the petitioner's showing of probable cause that such is necessary to prevent the commission of terrorism. Such issuance empowers the AMLC to investigate, inquire, and examine the bank deposits of the respondent/s and freeze their assets and properties in accordance with the provisions of the ATA.
It (CA) will conduct continuous summary hearings and decide the petition within three months, counted from the time it is submitted for resolution.