Press Release
July 5, 2007

NOT SO FAST, LACSON TELLS GONZALEZ ON WIRETAPPING MEDIA

Not so fast.

On this note, Sen. Panfilo Lacson rebuked Justice Secretary Raul Gonzalez for jumping the gun on the provisions on wiretapping of the Human Security Act.

'For one, we have yet to draft the implementing rules and regulations of this new law. Also, the Department of Justice is only a member of the inter-agency Anti-Terrorism Council, which collectively decides on its recommendations for wiretapping," Lacson, who is one of the principal sponsors of the HSA, said.

Thus, he said Gonzalez can only make recommendations to the Council, but the Council will have to decide collectively, and then obtain the needed order from the Court of Appeals.

Chairing the Council is the Executive Secretary. Other members include the national security adviser, and the secretaries of the interior and defense departments.

He explained that it is up to the Court of Appeals to allow wiretap operations upon the recommendation of the Council and that the authorization is only valid for 30 days, subject to extension that would have to be covered anew by a court order.

Lacson likewise allayed fears of some sectors that the HSA may be abused and used to oppress the citizenry, saying appropriate and numerous safeguards are in place in the new law to prevent abuse.

Primarily, Lacson said the law bars the military from directly participating in anti-terrorist operations. The military's role is limited to technical and logistical support to law enforcement agencies such as the Philippine National Police and National Bureau of Investigation, he said.

Lacson said he also expects law enforcement agencies to be wary from exploiting the law since it provides for the reparation of wrongly accused persons - P500,000 for every day in wrongful detention - which will be charged upon the operating agency's budget.

He also noted that law enforcers who detain a suspected terrorist should keep a logbook detailing the circumstances of detention. They should also allow visits from the detainee's lawyer and immediate family.

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