Question & AnswerQ&A (Republic Act No. 9372)
The short title of Republic Act No. 9372 is the "Human Security Act of 2007."
Terrorism is defined as any person committing acts punishable under specified provisions of the Revised Penal Code and other laws that sow widespread fear and panic to coerce the government into unlawful demands, punishable by 40 years imprisonment without parole.
Persons who conspire to commit terrorism shall suffer the penalty of forty (40) years of imprisonment.
Police or law enforcement officials and their teams may conduct surveillance and intercept communications upon written order of the Court of Appeals and upon an ex parte written application authorized by the Anti-Terrorism Council.
The Act requires upholding basic rights and fundamental liberties including the right to counsel, humane treatment during detention, and prohibits torture, coercion, or unlawful surveillance excluding certain privileged communications.
Any person charged with or suspected of terrorism may be detained without judicial warrant for a maximum of three days before being presented to the proper judicial authority.
The arresting officers must present the suspect before a judge at any time to ascertain identity, examine reasons for detention, and ensure no torture or coercion has been inflicted. A written report must be submitted to the proper court within three calendar days.
An official custodial logbook must be maintained recording identity, dates and times of detention, visits, medical examinations, requests to consult counsel, and other relevant treatment details, which may be inspected by the detainee's lawyer, family, or physician.
The penalty is imprisonment from ten (10) years and one day to twelve (12) years.
Any evidence obtained in violation of the Act, including intercepted communications or examined bank records, shall absolutely not be admissible or usable as evidence in any judicial, quasi-judicial, legislative, or administrative proceeding.
The Council implements the Act, defines plans and programs against terrorism, coordinates efforts, directs investigations and prosecutions, and manages freezing of assets but does not exercise judicial or quasi-judicial power.
They are deemed held in trust by the bank for the person suspected or charged and the government and their use or disposition during investigation or trial requires court approval.
They are entitled to damages of five hundred thousand pesos (₱500,000.00) for every day of detention without warrant caused by the accusation, charged against appropriations of the agency that filed or sanctioned the charges.
The court may limit travel to within the municipality or city where the person resides or where the case is pending, and may order house arrest with communication restrictions to ensure national security.
The order shall not exceed thirty (30) days but may be extended or renewed for another non-extendible period not exceeding thirty (30) days if in the public interest.