LESSON 8: ANTI TERRORISM ACT

Gloria Macapagal- Arroyo

Human Security Act of 2007 WAS BY

Rodrigo Duterte

Anti- Terrorism Act of 2020 WAS BY

Human Security Act of 2007

Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

Article 122

Piracy in General and Mutiny in the High Seas or in the Philippine Waters

Article 134

Rebellion or Insurrection

Article 134-a

(Coup d’Etat), including acts committed by private persons;

Article 248

Murder

Article 267

Kidnapping and Serious Illegal Detention

Article 324

Crimes Involving Destruction.

Presidential Decree No. 1613

The Law on Arson

Republic Act No. 6969

Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990.

Republic Act No. 5207,

Atomic Energy Regulatory and Liability Act of 1968

Republic Act No. 6235

(Anti-Hijacking Law)32;

Presidential Decree No. 532

Anti-Piracy and Anti-Highway Robbery Law of 1974.

Presidential Decree No. 1866,

(Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives.

Act No. 4103,

otherwise known as the Indeterminate Sentence Law, as amended. Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole.

Anti- Terrorism Act of 2020

Engaging in acts intended to cause death or serious bodily injury to any person or endangers a person's life;

Engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property;

Engaging in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure;

Developing, manufacturing, possessing, acquiring, transporting, supplying, or using weapons; and

Releasing dangerous substances or causing fire, floods or explosions when the purpose is to intimidate the general public, create an atmosphere to spread a message of fear, provoke or influence by intimidation the government or any international organization, seriously destabilize or destroy the fundamental political, economic, or social structures in the country, or create a public emergency or seriously undermine public safety.

Rule 4.4: Acts not considered terrorism

• advocacy

• protest

• dissent

• stoppage of work

• industrial or mass action

• creative, artistic, and cultural expressions.

• other similar exercises of civil and political rights.

Republic Act No. 4200

Anti-Wire Tapping Law.

Section 9(d) of Republic Act No. 4200

Any authorization granted by the authorizing division of the Court of Appeals, pursuant to this Act shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.

Section 17 of Republic Act No. 4200

Any authorization granted by the authorizing division of the Court of Appeals, pursuant to this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of sixty (60) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.

Rule 5.10. Extension or renewal of judicial authorization

The authorizing division of the Court of Appeals may extend or renew the said authorization for a non extendible period of thirty (30) calendar days from the expiration of the original period upon the determination of the following:

a. that the issuing court is satisfied that such extension or renewal is in the public interest;

b. that the ex parte application for extension or renewal is filed by the original applicant; and

c. that the ex parte application for extension or renewal was duly authorized in writing by the ATC.

"Public interest" shall refer to the security of the nation and the welfare of the general public and society, which warrants recognition, promotion, and protection by the State.

In case of death or physical disability to file the application for extension or renewal of the original applicant, the one next-in-rank to the original applicant among the members of the team named in the original written order shall file the application.

Public interest

refer to the security of the nation and the welfare of the general public and society, which warrants recognition, promotion, and protection by the State.

Rule 7.1. Who may be proscribed

The following stall be proscribed or declared as a terrorist and outlawed group of persons, organization, or association by the authorizing division of the Court of Appeals:

a. any group of persons, org, or association, which commits any of the acts defined as penalized under sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Act; or

b. any group of persons, organization, or association organized for the purpose of engaging in terrorism.

Rule 7.2. Requirements

A group of persons, organization, or association shall be prescribed or declared as terrorist and outlawed by the authorizing division of the Court of Appeals, upon satisfaction of the following requirements:

a. recommendation from the NICA that said group of persons, organization, or association be proscribed or declared as terrorist and outlawed;

b. authority from the ATC to cause the filing of an application for proscription or declaration of said group of persons, organization, or association as terrorist and outlawed;

c. verified application of the DOJ to prescribe or declare a group of persons, organization, or association as terrorist and outlawed, with an urgent prayer for the issuance of a preliminary order of proscription; and

d. due notice and opportunity to be heard given to the group of persons, organization or association to be declared as terrorist and outlawed.

RULE IX.

DETENTION WITHOUT WARRANT OF ARREST

Rule 9.1. Authority from ATC in relation to Article 125 of the Revised Penal Code

Any law enforcement agent or military personnel who, having been duly authorized in writing by the ATC under the circumstances provided for under paragraphs (a) to (c) of Rule 9.2, has taken custody of a person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Act shall, without incurring any criminal liability for delay in the delivery of detained persons under Article 125 of the Revised Penal Code, deliver said suspected person to the proper judicial authority within a period of fourteen (14) calendar days counted from the moment the said suspected person has been apprehended or arrested, detained, and taken into custody by the law enforcement agent or military personnel. The period of detention may be extended to a maximum period of ten (10) calendar days if it is established that

(a) further detention of the person/s is necessary to preserve the evidence related to terrorism or complete the investigation,

(b) further detention of the person is necessary to prevent the commission of another terrorism, and

(c) the investigation is being conducted properly and without delay.

The AT shall issue a written authority in favor of the law enforcement officer or military personnel upon submission of a sworn statement stating the details of the person suspected of committing acts of terrorism, and the relevant circumstances as basis for taking custody of said person.

Rule 9.3. Immediate notification to the nearest court

Immediately after taking custody of the suspected person, the law enforcement agent or military personnel shall, through personal service, notify in writing the judge of the trial court nearest the place of apprehension or arrest of the following facts:

a. the time, date, and manner of arrest;

b. the exact location of the detained suspect; and

c. the physical and mental condition of the detained suspect.

For purposes of this rule, immediate notification shall mean a period not exceeding forty-eight (48) hours from the time of apprehension or arrest of the suspected person.

Rule 9.4. Crime of failure to issue the notice of detention; penalty

A penalty of imprisonment of ten 10) years shall be imposed upon the police or law enforcement agent or military personnel who fails to notify any judge as provided for in the preceding rule.

Rule 9.5. Notification to the ATC and CHR

The law enforcement agent or military personnel shall furnish the ATC and the Commission on Human Rights (CHR) copies of the written notification given to the judge in such manner as shall ensure receipt thereof within forty-eight (48) hours from the time of apprehension or arrest of the suspected person.

Anti Terrorism Council

ATC

Commission on Human Rights

CHR

Rule 6.9. Request for delisting

For designations made under Rule 6.2 and 6.3, a designated party or its assigns or successors-in-interest may file a verified request for delisting before the ATC within the fifteen (15) days from publication of the designation.

A request for delisting may be filed as often as the grounds therefor exist. However, no request for delisting may be filed within six (6) months from the time of denial of a prior request for delisting. The request shall set forth the grounds for delisting, as follows:

a. mistaken identity:

b. relevant and significant change of facts or circumstance;

c. newly discovered evidence;

d. if. death of a designated person;

e. dissolution or liquidation of designated organizations, associations, or groups of persons; or

f. any other circumstance which would show that the basis for designation no longer exists.

For designations made under Rule 6.2, the request for delisting shall be accompanied by proof of delisting by the foreign jurisdiction or supranational jurisdiction.

For designations made under Rule 6.1, the ATC may motu proprio or upon request of a designated person file a petition for delisting with the appropriate committee of the UNSC. The petition for delisting may also be filed directly by the designated person pursuant to the rules established by the appropriate UNSC committee.

The ATC shall be responsible for posting of the updated UNSC procedures for delisting and access to frozen funds setting forth the web links and addresses of the relevant UNSC committee responsible for acting on delisting requests and access to frozen funds.

RULE III

THE ANTI-TERRORISM COUNCIL AND ITS COMPREHENSIVE APPROACH IN THE FIGHT AGAINST TERRORISM

Rule 3.1. Creation and mandate of the ATC

The ATC created under the Act shall assume the responsibility for the proper and effective implementation of the policies of the State against terrorism.

The ATC shall formulate and adopt comprehensive, adequate, efficient, and effective plans, programs, or measures in order to prevent, counter, suppress, and/or eradicate the commission of terrorism in the country and to protect the people from such acts.

Rule 3.2 Members of the ATC

a. Executive Secretary, who shal be is Chairperson;

b. National Security Achiser, who shall be its Vice Chairperson;

C. Secretary of Foreign Affairs;

d. Secretary of Mational Defense;

e. Secretary of the Interior and Local Government;

f. Secretary of Finance;

g. Secretary of Justice;

h. Secretary of Information and Communications Technology; and

i. Executive Director of the Anti-Money Laundering Council Secretariat.

Rule 3.4. Functions of the ATC

In pursuit of its mandate, the ATC shall have the following functions: a. formulate and adopt plans, programs, and preventive and counter-measures against terrorists and terrorism in the country; b. coordinate all national efforts to suppress and eradicate terrorism in the country and mobilize the entire nation against terrorism; C. direct the speedy investigation and prosecution of all persons detained or accused for any crime defined and penalized under the Act; d. monitor the progress of the investigation and prosecution of all persons accused and/or detained for any crime defined and penalized under the Act; e. establish and maintain comprehensive database information systems on f. terrorism, terrorist activities, and counterterrorism operations; enlist the assistance of, and file the appropriate action with, the AMLC to freeze properry of whatever ud and hate belongn te 5y a person suspected of of charged with alleged violation of any of the acts defined and penalized under declared and dectared and Sutawed terions ofoanizaton on assodatione as prouded ln terrorist organization or association as provided in Section 26 of the Act, (III) designated persons defined under Section 3(e) of Republic Act No. 10168, (iv) an individual member of such designated persons, under section zoof the ariation, association, or group of persons proscribed 9- grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention, prosecution, and conviction of person or persons found guilty for violation of any of the acts defined and penalized under the Sections 4,5,6,7,8,9,10,11 and 12 of the Act; provided that monetary reward shall granted to informants after the accused's demurrer to evidence has been denied or the prosecution has rested its case and no such demurrer has been filed; h. establish and maintain coordination with and the cooperation and assistance of other states, jurisdictions, international entities, and organizations in preventing and combating international terrorism; i. take action on relevant resolutions issued by the UNSC acting under Chapter VII of the UN Charter, and, consistent with the national interest, take action on foreign requests to designate terrorist individuals, associations, organizations, or group of persons; j. take measures to prevent the acquisition and proliferation by terrorists of weapons of mass destruction; k. lead in the formulation and implementation of a national strategic plan to prevent and combat terrorism; I. request the Supreme Court to designate specific divisions of the Court of Appeals or Regional Trial Courts to handle all cases involving the crimes defined and penalized under the Act; m. require other government agencies, offices, entities, and all officers and employees and non-government organizations, private entities, and individuals to render assistance to the ATC in the performance of its mandate; and n. investigate motu proprio or upon complaint any report of abuse, malicious application, or improper implementation by any person of the provisions of the Act.

RULE XI

STATE GUARANTY OF ACCOUNTABILITY AND FULL RESPECT FOR HUMAN RIGHTS

Safeguards

a measure taken to protect someone or something or to prevent something undesirable.

Rule 11.1. Mandate to the Commission on Human Rights

The Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of the Act.

To this end, the ATC shall engage the CHR to ensure that technical assistance and capacity building mechanisms are developed and are in place in relation to the investigation and prosecution of cases of human rights violations.

Some of the Safeguards:

1. Right of a person under custodial detention

2. No torture or coercion in investigation and interrogation

3. Crimes for violation of the rights of a detainee

4. Official custodial logbook and its contents

5. Crime of failure to keep, maintain, and allow access to official custodial logbook