QuestionsQuestions (Republic Act No. 11479)
An act must: (1) fall under any of the enumerated prohibited acts (e.g., intended to cause death/serious bodily injury; cause extensive damage to government/public facility/public place/private property; extensive interference/damage/destruction of critical infrastructure; develop/manufacture/possess/acquire/transport/supply/use weapons/explosives/WMD or chemical/biological/nuclear/radiological; or release dangerous substances causing fire/floods/explosions); and (2) the purpose—by its nature and context—must be to intimidate the general public or a segment; create atmosphere/spread message of fear; provoke or influence government or an international organization by intimidation; seriously destabilize/destroy fundamental political/economic/social structures; create a public emergency; or seriously undermine public safety. Subject to Section 49, and excluding advocacy/protest/dissent/stop work/mass action not intended to cause death/serious physical harm, endanger life, or create serious risk to public safety.
It limits the scope of “terrorism” by excluding advocacy/protest/dissent/stoppage of work/industrial or mass action and similar civil and political exercises that are not intended to cause death or serious physical harm, to endanger life, or to create a serious risk to public safety.
Threat (Sec. 5) involves threatening to commit the terrorism acts; Proposal (Sec. 8) involves proposing execution after a person has decided to commit any terrorism crime and communicates the proposed execution to others; Conspiracy (Sec. 7) requires two or more persons agreeing to commit terrorism and deciding to commit it.
Participation in planning, training, preparation, and facilitation of the commission of terrorism; possessing objects connected with preparation; and collecting or making documents connected with preparation for terrorism.
Inciting without direct participation by including others to execute terrorism acts through speeches, proclamations, writings, emblems, banners or other representations tending to the same end.
Recruitment (Sec. 10) punishes anyone who recruits another to participate in, join, commit or support terrorism or a terrorist individual/organization/proscribed group, including those designated by UNSC. Voluntary and knowing join (Sec. 10) punishes anyone who voluntarily and knowingly joins an organization/group knowing it is proscribed/designated/organized for engaging in terrorism.
Organizing or facilitating travel of individuals to a foreign state for recruitment with acts such as: recruiting to serve in a foreign armed force; publishing advertisements/propaganda for that recruitment; publishing ads with application information/place/manner; and other acts intended to facilitate/promote recruitment to serve in such armed forces.
Punished: (a) travel or attempt to travel to another state for perpetrating/planning/preparing/participating in terrorism or providing/receiving terrorist training; (b) organizing/facilitating travel of others knowing such travel’s terrorist purpose; and (c) residents abroad coming to the Philippines to participate in perpetrating/planning/training/preparing/participating or providing support/facilitating/receiving terrorist training.
Material support is any property (tangible or intangible) or service including currency/monetary instruments/financial securities; financial services; lodging; training; expert advice/assistance; safe houses; false documentation/identification; communications equipment/facilities; weapons/lethal substances/explosives; personnel; and transportation.
Anyone who provides material support to a terrorist individual/organization/group, knowing they are committing or planning terrorism acts punishable under Section 4, is liable as a principal to any and all terrorist activities committed by those individuals/organizations, in addition to other criminal liabilities.
It excludes humanitarian activities undertaken by the ICRC, PRC, and other state-recognized impartial humanitarian partners or organizations, provided they conform with International Humanitarian Law (IHL), from the scope of Section 12.
A person who has knowledge of the commission of a Section 4 terrorism crime, but did not participate in it, may be liable as accessory for: profiting or assisting the offender to profit; concealing/destroying the body of the crime/effects/instruments to prevent discovery; or harboring/concealing/assisting the escape of the principal or conspirator.
A law enforcement agent or military personnel may, upon a written order of the Court of Appeals, conduct secret wiretapping/interception/surveillance/recording/collection using any technology, for communications between (a) members of a judicially declared and outlawed terrorist organization, (b) between members of a designated person, or (c) between persons charged with or suspected of terrorism crimes.
Surveillance, interception, and recording of communications between lawyers and clients, doctors and patients, journalists and their sources, and confidential business correspondence are not authorized.
An ex parte written application must be filed by a law enforcement/military agent duly authorized in writing by the ATC; the court must determine (1) probable cause based on personal knowledge that terrorism crimes under Sections 4–12 are committed/being committed/about to be committed; and (2) probable cause that essential evidence for conviction/solution/prevention will be obtained.