As the case challenging the Anti-Terrorism Council’s (ATC) 2023 designation of four activists in Baguio City as terrorists continues, the Office of the Solicitor General (OSG) is looking to present witnesses and evidences ex parte or without notification of the opposing party, citing the need to protect “state secrets.”
Judge Cecilia Corazon Dulay Archog has questioned the request during the trial, asking how government witnesses can testify if their identities are to be kept wholly secret.
OSG earlier informed the court that the government would be presenting four key witnesses who are high-ranking police and military officials and a former communist rebel on October 7.
While Archog had allowed the OSG to transmit redacted documents regarding the identities of the so-called “confidential witnesses,” OSG lawyers had asked on Monday, September 23, for the court to provide them time to redact details that would allow for the identification of their witnesses, as well as for the ability to introduce their witnesses ex parte or without the notice and involvement of the activists.
Archog questioned the requests, and emphasized that the burden of proof that the ATC did not act in grave abuse is on the OSG and not the petitioners.
The activists’ lawyers also questioned the validity of such a request, casting doubt on how cross-examination and verification of validity could be conducted on unknown individuals.
Archog said the OSG could instead consider allowing members of the ATC to testify and explain how and why they designated Bolinget and the rest as terrorists.
