Declaration of Policy
- State policy to protect life, liberty, and property from terrorism.
- Terrorism condemned as dangerous to national security and the people's welfare.
- Terrorism defined as a crime against the Filipino people, humanity, and international law.
- Basic rights and fundamental liberties enshrined in the Constitution are upheld.
- Anti-terrorism measures embrace political, economic, diplomatic, military, and legal approaches.
- Root causes of terrorism addressed but not justified.
- Measures include conflict management, peace-building, and economic development.
- Executive powers maintained but must respect absolute human rights.
Definition of Terrorism (Section 3)
- Terrorism includes acts under specified provisions of the Revised Penal Code and other laws:
- Piracy, rebellion, coup d'etat, murder, kidnapping, serious illegal detention, arson, toxic substances, nuclear laws, hijacking, piracy, illegal possession of firearms/explosives.
- Terrorism acts must sow widespread fear or panic to coerce government to unlawful demands.
- Penalty: 40 years imprisonment without parole.
Conspiracy to Commit Terrorism (Section 4)
- Conspiracy involves agreement by two or more to commit terrorism.
- Penalty: 40 years imprisonment.
Accomplice and Accessory (Sections 5 and 6)
- Accomplice cooperates in execution, not principal or conspirator.
- Penalty: 17 years 4 months 1 day to 20 years imprisonment.
- Accessory participates after commission by profiting, concealing, or harboring.
- Penalty: 10 years 1 day to 12 years imprisonment.
- Close family members exempt from accessory penalties, except for profiting.
Surveillance and Interception of Communications (Sections 7-16)
- Court of Appeals may authorize surveillance, interception, and recording of suspects’ communications.
- Prohibits interception of lawyer-client, doctor-patient, journalist-source communications.
- Ex parte application by authorized police official with Anti-Terrorism Council’s written consent.
- Requirements for probable cause and no other effective means.
- Authorization classified; suspect must be notified of surveillance’s end.
- Custody, preservation, and accuracy of intercepted materials strictly regulated.
- Unauthorized or malicious interception penalized up to 12 years imprisonment.
Proscription of Terrorist Organizations (Section 17)
- Department of Justice may apply to Regional Trial Court to declare organizations as terrorist and outlawed.
- Fair notice and hearing required.
Detention Without Judicial Warrant (Sections 18-20)
- Suspects can be held without warrant up to 3 days, with notification to judge and presentation before judge.
- Detention during imminent attacks may require written approval from human rights official or judge.
- Failure to deliver suspect to judicial authority penalty: 10-12 years imprisonment.
Rights of Detained Persons (Sections 21-25)
- Inform detainee of rights: nature and cause of arrest, right to counsel, right to remain silent.
- Access to legal counsel, family, medical services assured.
- Strict prohibition against torture, coercion, or intimidation.
- Violation of rights penalized 10-12 years; torture or death results in heavier penalty of 12 to 20 years.
Travel Restrictions and Bail Conditions (Section 26)
- Courts may restrict accused’s travel within city or municipality if bail is granted.
- Court may impose house arrest with communication restrictions.
Examination and Freezing of Bank Deposits (Sections 27-36)
- Court of Appeals authorization required to examine and freeze deposits/accounts of terrorism suspects.
- Ex parte application with Anti-Terrorism Council’s authorization.
- Authorization classified; suspect entitled to challenge interception.
- Custody and preservation of bank materials regulated.
- Unauthorized or malicious examination penalized 10-12 years imprisonment.
- Bank officials refusing court order penalized 10-12 years imprisonment.
Seizure, Sequestration, and Forfeiture of Assets (Sections 39-43)
- Assets of terrorism suspects or organizations may be seized, sequestered, frozen to prevent misuse.
- Reasonable withdrawals allowed for sustenance and legal or medical needs with court approval.
- Innocent suspects acquitted or case dismissed promptly get assets released.
- Convicted persons’ assets forfeited to the government.
- Damages of P500,000 per day for wrongful detention or delay in release.
- Penalties for refusal to restore or loss/misuse of seized property: 10-12 years imprisonment.
Custody and Accountability for Detainees (Sections 44)
- Public officer causing escape through misconduct or negligence penalized.
Witness Protection (Section 45)
- Government witnesses protected under existing laws and Rules of Court.
Penalties for Unauthorized Disclosure and False Evidence (Sections 46-47)
- Unauthorized revealing of classified info: 10-12 years imprisonment.
- Furnishing false evidence or forged documents: 12-20 years imprisonment.
Speedy and Continuous Trial (Section 48)
- Courts shall set daily continuous trial schedules for terrorism cases.
Exclusivity of Prosecution (Section 49)
- Prosecution under this Act bars other prosecutions for included offenses.
Damages for Unproven Charges (Section 50)
- Entitlement to P500,000 damages per day of detention for acquitted accused.
- Funds charged to police agency or Anti-Terrorism Council’s appropriations.
- Delays in payment penalized with imprisonment.
Informant Confidentiality and Reporting (Section 51)
- Police must record and report informant’s identity confidentially.
- Transmission to Congressional Oversight or court within 5 days of arrest or seizure.
Applicability and Integration with Other Laws (Section 52)
- Book I of the Revised Penal Code applies alongside this Act.
Anti-Terrorism Council (Sections 53-54)
- Council composed of Executive Secretary (Chair), Secretary of Justice (Vice Chair), other cabinet members, and National Security Advisor.
- Implements the Act, formulates policy and plans, coordinates efforts.
- Has support agencies including NBI, PNP intelligence, and others.
- Cannot exercise judicial powers.
Role of the Commission on Human Rights (Section 55)
- Investigates violations of civil and political rights related to the Act.
- Has jurisdiction to prosecute public officials or law enforcers for rights violations.
Grievance Committee (Section 56)
- Composed of Ombudsman, Solicitor General, DOJ undersecretary.
- Receives and evaluates complaints against police/law enforcement.
- Has regional subcommittees and authority to file cases.
Ban on Extraordinary Rendition (Section 57)
- No extraordinary rendition allowed unless human rights and counsel assurances given by the requesting country and DOJ approved.
Extraterritorial Application (Section 58)
- Applies to terrorism inside and outside Philippine territory under specified conditions.
- Covers crimes aboard Philippine vessels, embassies, against Filipino citizens abroad, and against the Philippine government.
Joint Oversight Committee (Section 59)
- Combines Senate and House members, including opposition, to oversee the Act’s implementation.
- Reviews surveillance provisions after one year.
- Holds hearings and requires reports from Anti-Terrorism Council and law enforcement.
- Submits semi-annual reports and recommendations.
Miscellaneous Provisions
- Separability Clause (Section 60): Invalid provisions do not affect the rest.
- Repealing Clause (Section 61): Repeals inconsistent laws.
- Special Effectivity Clause (Section 62): Detailed publication and broadcast requirements before effectivity; suspends during election periods.
The Act balances stringent anti-terrorism measures with procedural safeguards, defined penalties, oversight mechanisms, and recognition of human rights obligations.