Law Summary
Declaration of Policy
- State policy aims to protect life, liberty, and property from terrorism.
- Terrorism is condemned as a threat to national security and a crime against the Filipino people, humanity, and international law.
- The fight against terrorism adopts a comprehensive approach involving political, economic, diplomatic, military, and legal means.
- The State commits to uphold constitutional rights and fundamental liberties even in anti-terrorism efforts.
- Conflict management, peace building, and equitable economic development are key elements in combating terrorism.
- Executive powers are recognized but must ensure absolute respect for human rights.
Definition of Terms
- Critical Infrastructure: Essential assets/systems critical to societal functions and public services.
- Designated Person: Individuals/groups designated by the UN Security Council or relevant authorities as terrorists or terrorist financiers.
- Extraordinary Rendition: Transfer of suspected terrorists abroad without formal judicial process.
- International Organization: Entities with international legal personality established by treaty.
- Material Support: Property or services supporting terrorism, including finances, lodging, training, documentation, weapons, and personnel.
- Proliferation of WMD: Transfer of chemical, biological, nuclear weapons and related materials.
- Proposal to Commit Terrorism: Offering to execute terrorism acts.
- Recruit: Encouraging others to join terrorist entities.
- Surveillance Activities: Tracking or intercepting communications of persons involved in terrorism.
- Supranational Jurisdiction: International bodies whose power transcends national borders.
- Training: Specialized instruction in terrorism-related skills.
- Terrorist Individual: Natural persons committing terrorism acts as defined.
- Terrorist Organization: Entities organized for terrorism or designated as such by the UN.
- Weapons of Mass Destruction (WMD): Weapons capable of mass casualties or destruction excluding their delivery means.
Terrorism Defined
- Terrorism includes acts causing death, serious injury, extensive damage, or disruption targeting people, facilities, or critical infrastructure.
- It includes using weapons, explosives, WMD, or causing dangerous environmental effects.
- Purpose must be to intimidate the public, influence government or international bodies, destabilize social or political structures, or undermine public safety.
- Penalty: Life imprisonment without parole.
- Civil and political actions like protests or advocacy are excluded if not intended to cause severe harm.
Threat and Preparatory Acts
- Threatening to commit terrorism: Imprisonment up to 12 years.
- Planning, training, preparing, facilitating terrorism: Life imprisonment without parole.
- Conspiracy to commit terrorism: Life imprisonment without parole.
- Proposal to commit terrorism: 12 years imprisonment.
- Inciting terrorism through speeches, writings, or symbols: 12 years imprisonment.
Recruitment and Membership
- Recruiting for terrorism or facilitating travel to join terrorist forces: Life imprisonment without parole.
- Voluntarily joining proscribed terrorist groups: 12 years imprisonment.
Foreign Terrorist Acts
- Traveling abroad to commit or support terrorism, organizing such travel, or returning to the Philippines for terrorism activities: Life imprisonment.
Material Support
- Providing material support to terrorists knowing their intent: Liable as principal and punished accordingly.
- Humanitarian activities by recognized impartial organizations are exempted.
Accessory Liabilities
- Taking part after terrorism crimes by profiting, concealing evidence, or aiding escape: 12 years imprisonment.
- No exemption from liability based on relationship.
Penalties for Public Officials
- Public officials convicted face grave misconduct charges, dismissal, cancellation of eligibility, forfeiture of benefits, and perpetual disqualification from public office.
Surveillance and Communication Interception
- Court of Appeals may authorize wiretapping, interception, and surveillance on suspected terrorists or designated persons with written court orders.
- Exemptions exist for privileged communications (lawyer-client, doctor-patient, journalist-source).
- Required coordination with telecom and internet providers and the National Telecommunications Commission.
Judicial Authorization and Oversight
- Surveillance orders require ex parte application, probable cause, and specify identity, offense, and duration.
- Orders classified; access limited to essential personnel.
- Orders valid for 60 days, renewable once for 30 days based on public interest.
Custody and Handling of Intercepted Data
- All recordings and related items must be deposited with court within 48 hours post-authorization period.
- Illegal tampering or destruction of materials punishable by 10 years imprisonment.
- Joint affidavit detailing recordings and custody must be filed.
Evidentiary Rules
- Evidence obtained in violation of legal procedures is inadmissible.
- Unauthorized surveillance or recordings incur 10 years imprisonment.
Designation and Proscription of Terrorist Entities
- Anti-Terrorism Council (ATC) adopts UN Security Council designations and may designate persons or groups on probable cause.
- Assets of designated entities can be frozen by Anti-Money Laundering Council (AMLC).
- DOJ may apply to court for proscription of organizations; courts issue preliminary and permanent orders.
- Proscription valid for 3 years subject to review.
Detention and Rights of Persons Suspected of Terrorism
- Suspects may be detained up to 14 days without warrant, extendable for 10 more days under conditions.
- Mandatory written notice of arrest and detention to court, ATC, and CHR.
- Detainees must be informed of their rights including counsel, communication with family, medical care.
- Official custodial logbook must be maintained and be accessible to detainee's counsel or family.
- Torture and coercion during detention prohibited and evidence obtained thereby inadmissible.
Travel Restrictions and Bail Conditions
- Prosecutors can apply for hold departure orders (HDO) or precautionary HDOs before or after filing charges.
- Courts may limit travel or impose house arrest to safeguard national security.
Financial Investigations and Asset Freezing
- AMLC authorized to investigate, examine, and freeze assets linked to terrorism financing without court order upon ATC request.
- Freeze orders effective for 20 days, extendable up to 6 months by court.
- Persons affected may petition courts to contest freeze orders.
- Bank officials refusing valid court authorizations face imprisonment.
Protection and Immunities
- Humanitarian actions by recognized bodies exempt from liability.
- Good faith actors implementing financial sanctions have immunity.
- Government witnesses protected under existing witness protection laws.
Classified Information and Penalties
- Disclosure of classified information without authorization punishable by 10 years imprisonment.
- Escape of detainees due to official negligence punished with 10 years imprisonment.
- False evidence or forged documents incurs 6 years imprisonment.
Judicial Procedures and Trial
- Cases under the Act subject to daily continuous trial to ensure speedy procedures.
- Supreme Court to designate special anti-terrorism courts.
- Remote testimonies through video conferencing allowed.
Anti-Terrorism Council (ATC)
- Composed of executive officials led by Executive Secretary.
- Responsible for implementation, policy formulation, coordination, and legal action.
- Secretariat by National Intelligence Coordinating Agency.
- Supported by various government departments and agencies.
- Programs include prevention of violent extremism, combating terrorism, capacity building, and legal affairs.
Functions and Powers of ATC
- Formulate plans, coordinate national efforts, oversee investigations and prosecutions.
- Maintain terrorism databases.
- Enlist AMLC to freeze and forfeit assets.
- Grant rewards to informers post-judicial progress.
- Cooperate internationally and implement UN resolutions.
- Prevent WMD proliferation.
- Request courts to assign special judicial divisions.
- Investigate abuses under the Act.
Role of Commission on Human Rights (CHR)
- Prioritize investigations of civil and political rights violations in the context of this Act.
Prohibition on Extraordinary Rendition
- No suspect or convicted terrorist shall be subjected to extraordinary rendition to other countries.
Extraterritorial Application
- Applies to Filipino nationals committing terrorism abroad, persons committing such acts against Filipinos or the Philippines internationally.
- Non-Filipinos committing terrorism abroad subject to jurisdiction upon entry to Philippines, with possible deportation or prosecution.
Oversight and Safeguards
- Joint Congressional Oversight Committee to monitor law enforcement and ATC implementation.
- Committee empowered to summon officials and require reports.
Special Protections
- Protection extended to vulnerable detainees like elderly, pregnant women, persons with disabilities, women, and children.
Prison Management
- BJMP and BuCor tasked with detention management and classification of terrorism suspects.
Implementing Rules and Regulations
- ATC and DOJ to promulgate rules within 90 days of effectivity.
Repealing and Saving Clauses
- Repeals the Human Security Act of 2007 and inconsistent laws.
- Prior judicial decisions under the repealed law remain valid.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.