The Law is Against ISIS

No less than the Constitution protects the fundamental human rights of life, liberty, and property.[1] It is declared that the Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.[2] Enshrined in the Constitution is the prime duty of the Government to serve and protect the people.[3] The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.[4]
 
In line with these constitutional mandates, Republic Act No. 9372, or the “Human Security Act of 2007” was enacted to secure the State and protect the people from Terrorism.
 
At present, the most threatening terrorist group in the world is the Islamic State in Iraq and Syria, or the ISIS. ISIS can trace its history directly back to the Sunni terrorist organization al Qaeda, specifically the Iraq faction, al Qaeda in Iraq, the group responsible for scores of bombings, kidnappings and beheadings in Iraq following the U.S. invasion. ISIS saw a series of successes using a combination of military expertise and unimaginable brutality. Social media accounts associated with ISIS have published disturbing videos purportedly showing ISIS fighters taunting, torturing and executing scores of unarmed prisoners.[5]
  
Driven by their religious beliefs, the ISIS has sought to establish an Islamic State. There is no doubt that religious freedom is a fundamental right which is entitled to the highest priority and the amplest protection among human rights, for it involves the relationship of man to his Creator.[6] But while freedom to believe is absolute, the freedom to act on one’s belief shall be regulated. As consistently laid down in Jurisprudence:

“The right to religious profession and worship has a two-fold aspect, viz., freedom to believe and freedom to act on one's beliefs. The first is absolute as long as the belief is confined within the realm of thought. The second is subject to regulation where the belief is translated into external acts that affect the public welfare.”[7] 

Indeed, the acts of ISIS that incites war and which disturb the maintenance of international peace and security are clearly acts of terrorism that the government, from an international perspective, has to proscribe. Their acts of rampant killings and abuses have to be stopped, the same being manifest violation of the basic human rights that each individual naturally possess.

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[1] Section 1, Article III of the 1987 Constitution
[2] Section 2, Article III of the 1987 Constitution
[3] Section 4, Article III of the 1987 Constitution
[4] Section 5, Article III of the 1987 Constitution
[5] http://abcnews.go.com/WN/fullpage/isis-trail-terror-isis-threat-us-25053190
[6] Ebralinag v. Division Superintendent Schools of Cebu, G.R. No. 95770, December 29, 1995
[7] Cantwell v. Connecticut, 310 U.S. 296 (1940), Iglesia Ni Cristo v. Court of Appeals, 259 SCRA 529 (1996)