Question & AnswerQ&A (Republic Act No. 11479)
The short title of Republic Act No. 11479 is "The Anti-Terrorism Act of 2020."
The State declares a policy to protect life, liberty, and property from terrorism, condemns terrorism as dangerous to national security, recognizes terrorism as a crime against the Filipino people and humanity, and commits to uphold human rights as enshrined in the Constitution while combating terrorism comprehensively through political, economic, diplomatic, military, and legal means.
Terrorism is committed by any person who engages in acts intended to cause death, serious injury, extensive damage or destruction to government/public/private property, interfere with critical infrastructure, manufacture or use of weapons of mass destruction, or release dangerous substances, with the intent to intimidate the public, influence government, destabilize political/economic/social structures, or create a public emergency. It excludes lawful advocacy or protests that do not intend serious physical harm.
The penalty for terrorism is life imprisonment without the benefit of parole and benefits under Republic Act No. 10592.
Section 6 prohibits participation in planning, training, preparing, and facilitating the commission of terrorism or possession of objects/documents connected to terrorism preparation. The penalty is life imprisonment without the benefit of parole and benefits under RA 10592.
A Designated Person is any individual, group, organization identified by the United Nations Security Council or another jurisdiction as a terrorist, financier of terrorism, or terrorist organization, including those designated under Section 25 of the Act and related to RA No. 10168.
Law enforcement or military personnel may conduct surveillance activities like wiretapping or recording private communications upon a written ex parte order from the Court of Appeals. This requires probable cause that the crimes under Sections 4 to 12 have been or are about to be committed and that evidence is essential for conviction or prevention of terrorism.
A suspect may be detained without a judicial warrant for up to 14 days, extendable by 10 days under certain conditions such as preserving evidence or preventing further terrorism. The detaining authority must notify the nearest court judge, the Anti-Terrorism Council, and the Commission on Human Rights in writing about the arrest details and detainee's condition.
The detained person must be informed of the nature and cause of arrest, have the right to remain silent, access competent legal counsel, be informed of grounds of detention in presence of counsel, communicate freely with counsel and family, and have access to their physician. These rights cannot be waived except in writing and presence of counsel.
The ATC coordinates and implements anti-terrorism policies, mobilizes national efforts to counter terrorism, directs investigations and prosecutions, maintains databases, assists in freezing assets, grants rewards to informers, cooperates with international entities, implements strategic plans, and investigates abuses or improper application of the law.
Groups committing terrorist acts or organized to engage in terrorism can be declared terrorist and outlawed organizations upon DOJ application to the Court of Appeals, with notice and hearing. Proscription includes a preliminary order within 72 hours, continuous hearings, and possible permanent proscription lasting 3 years, after which review may occur.
They shall face administrative charges for grave misconduct/disloyalty with penalties including dismissal from service, cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from elective or public office.
Conducting surveillance activities without valid judicial authorization leads to imprisonment of 10 years. Unauthorized revelation of classified information or materials is also punishable by imprisonment of 10 years.
The Anti-Money Laundering Council (AMLC) may investigate, freeze, and forfeit assets and funds related to terrorism financing upon court order or designation by the ATC. The AMLC is authorized to examine deposits and records without court order and issue freeze orders effective up to 20 days, extendable to 6 months upon court approval.
Yes. Humanitarian activities by recognized organizations like the ICRC, Philippine Red Cross, or other state-recognized impartial organizations acting in conformity with International Humanitarian Law are exempted from penalties under the material support provision of the Act.