Human Security Act

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Human Security Act of 2007

An Act to secure the state and protect our people from terrorism

Citation

Republic Act No. 10354

Territorial extent

Philippines

Enacted by

Congress of the Philippines

Date enacted

February 8, 2007

Date signed

July 15, 2007

Keywords

terrorism, anti-terrorism legislation

Status: In force

The Human Security Act of 2007 (RA 9372) is a Philippine law that took effect on February 8,
2007.[1] This law is one of the most primary anti-terrorism law that brings the Philippines in line with
its Southeast Asian neighbors battling Islamist militants. It is aimed at tackling militants in the
southern Philippines.[2]

The law defines terrorism a crime by describing, "causes widespread and extraordinary fear and
panic among the populace" and allows authorities to arrest terror suspects without warrants and
temporarily detain them without charges.[3] Under the law, detained terrorists are entitled to see a
lawyer, a priest, a doctor, or family members.
Contents
[hide]

1Background

2International reaction

3See also

4References

5External links

Background[edit]
The Anti-Terror Bill was first filed in congress by Senator Juan Ponce Enrile in 1996.[4]
The final version was crafted with amendments by Senators Manny Villar and Aquilino Pimentel, Jr..
[4]
These revisions introduced several amendments and safeguards that have caused the law to be
called "toothless" and "watered down".[2] It was ratified by theSenate on February 8, then approved
by the House of Representatives during a special session two weeks later on February 19, 2007.[2]
[5]
It was later signed into law by President Gloria Macapagal-Arroyo on March 6.[5] It took effect on
July 15, 2007.
The Philippines had long been urged by the United States and other Western countries to bring in
stricter anti-terror legislation, citing the presence of al Qaeda-linked extremists who have been
blamed for bombings, beheadings, and kidnappings.[2][5]
== Summarized Analysis == ./.
1. The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account the root
causes of terrorism without acknowledging these as justification for terrorist and/or criminal
activities. Such measures shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and promoting equitable economic
development.[6] This statement elucidates that the Philippines government has realized that a strict
military approach cannot be adequate solution when dealing with terrorist groups. In this sense, the
Philippines government has decided to adopt a broader and more comprehensive approach rather
than only applicating a military approach.
2. Terrorism is the premeditated or threatened use of violence or force or any other means that
deliberately cause harm to persons, or of force and other destructive means against property or the
environment, with the intention of creating or sowing a state of danger, panic, fear, or chaos to the
general public or segment thereof, or of coercing or intimidating the government to do or refrain from
doin an act. [7] The law provides for a clearer definition of terrorism allowing police and security
services a better understanding of the crimes at stake.[8] This statement can act as a potential
deterrent to future terrorists as they will know that it is no longer possible to commit an attack and
escape with being charged.

3. Arrest and Detention. Any peace office or a private person may, without warrant, arrest a person:
(a)when, in his presence, the person to be arrested has committed, is actually committing, or
attempting to commit any of the offense under this Act; or (b)when any of said offense has in fact
been committed and he has reasonable ground to believe that the person to be arrested has
committed the same. Any person arrested under this Section may be detained for a period of not
more than three(3)days following his arrest for custodial investigation. [9] In previous laws related to
anti-terrorism, there were many loopholes that prevented terrorists suspects from being detained.
[10]
However, this bill clarifies to Philippines Law Enforcement Agencies to arrest suspected terrorists
without warrant and bestows the authority to detain suspects for 3 days.

International reaction[edit]
Allies in the United States-led War on Terrorism expressed confidence in the Philippines with the
signing of the law. In a statement, the US Embassy said "This new law will help provide Philippine
law enforcement and judicial authorities with the legal tools they need to confront the threats posed
by international terrorism, while ensuring protection and civil liberties and human rights".
[3]
Australian Ambassador Tony Hely hailed the signing of the law and called the Philippines "a key
regional counter-terrorism partner" for Australia.[3]However, the Special Rapporteur of the UN on the
promotion and protection of human rights and fundamental freedoms while countering terrorism,
Martin Scheinin, issued the following statement that the Philippines Government should reconsider
"Human Security Act of 2007" since implementation of this law can negatively affect the human
rights. He state that even though there are some positive aspects of this law, overly broad definition
can be incompatible with Article 15 of the International Covenant on Civil and Political
Rights(ICCPR). [11]

CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE

R.A. 9372. AN ACT TO SECURE

THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM

(THE HUMAN SECURITY ACT OF 2007)

1. It created the crime known as terrorism and declared it to be a crime against the Filipino people,
against humanity, and against the law of nations.

II. Defines the crime of terrorism to be the commission of any of the crimes of :

A. Under the Revised Penal Code.

i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters
ii. rebellion
iii. Coup detat
iv. Murder
v. Kidnapping and Serious Illegal Detention

B. Under Special Laws

i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand

III. Requirements for Terrorism

A. The accused ( maybe a single individual or a group) must commit any of the enumerated crimes

B. There results a condition of widespread and extraordinary fear and panic among the populace

i. The extent and degree of fear and panic, including the number of people affected in order to
meet the term populace, are questions of facts to be determined by the courts and on a case
to case basis.
ii. Is the term populace to be interpreted as referring to the local inhabitants where the acts
were committed, or does it refer to the national population?

C. The purpose of the accused must be to coerce the government to give into an unlawful demand
i. The word demand is too broad as to cover not only political, criminal or monetarial demands
but also those which maybe categorized as social or economic. This however is qualified by the
word unlawful.

IV. Other Acts/Persons Liable

A. Conspiracy to commit terrorism. The penalty is the same as terrorism itself ( i.e. 40 years of
imprisonment)

B. Accomplices- he cooperates in the execution of either terrorism or conspiracy to commit terrorism

by previous or simultaneous acts (Penalty is 17 yrs. 4 months and one day to 20 years)

C. Accessory-The acts punished are the same as that under Article 19 of the RPC. The penalty is 10
yrs. And one day to 12 years

1. The law however adopts the absolutory cause of exemption of accessories from liability with
respect to their relatives

V. Surveillance of Suspects and Interception and Recording of Communications

A. Authorizes the grant of Judicial Authorization to listen, intercept, and record, any communication,
message, conversation, discussion, or of spoken or written words between members of (i) a judicially
declared and outlawed terrorist organization or association or group, or (ii) of any person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism

1. The Judicial Authorization can only be issued by the Court of Appeals (a) upon a written
application filed by a police or law enforcement official or members of his team and (b). after an ex

parte hearing establishing (c). probable cause that terrorism/conspiracy to commit terrorism has
been committed, or is being committed, or is about to be committed ( note that the wording is
not attempted)

2. The applicant must have been authorized in writing to file the application by the Anti Terrorism
Council ( The Body created to implement the law and assume responsibility for the effective
implementation of the anti-terrorism[policy of the country)

3. The Judicial Authority is effective for a maximum period not to exceed 30 days from date of
receipt of the written order and may be extended for another similar period

B. Punishes the act of failure to notify the person subject of the surveillance, monitoring or
interception, if no case was filed within the 30 day period/life time of the Order of Court authorizing the
surveillance

C. Punishes any person who conducts any unauthorized or malicious interceptions and or recording of
any form of communications, messages, conversations, discussions or spoken or written words

VI. Provides for a Judicial Declaration of Terrorists and Outlawed organization, association, or group of
persons, by any RTC upon application by the DOJ and upon prior notice to the group affected.

VII. Procedure when a suspected terrorist is arrested

A. A suspected terrorist maybe arrested by any law enforcement personnel provided:

1. The law enforcement agent was duly authorized in writing by the Anti Terrorism Council
2. The arrest was the result of a surveillance or examination of bank deposits

B. Upon arrest and prior to actual detention, the law enforcement agent must present the suspected
terrorist before any judge at the latters residence or office nearest the place of arrest, at any time of
the day or night. The judge shall, within three days, submit a written report of the presentation to the
court where the suspect shall have been charged.

C. Immediately after taking custody of a person charged or suspected as a terrorist, the police or law
enforcement personnel shall notify in writing the judge of the nearest place of apprehension or arrest,
but if the arrest is made during non-office days or after office hours, the written notice shall be served
at the nearest residence of the judge nearest the place of arrest

D. Failure to notify in writing is punished by 10 years and one day to12 years of imprisonment

VIII. Period of Detention has been extended to three days

A. The three day period is counted from the moment the person charged or suspected as terrorist has
been apprehended or arrested, detained and taken into custody

B. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than
three days without the written approval of the Human Rights Commission, or judge of the MTC RTC,
Sandiganbayan or Court of Appeals nearest the place of arrest

C. If arrest was on a nonworking day or hour, the person arrested shall be brought to the residence of
any of the above named officials nearest the place of arrest.

D. Failure to deliver the person charged or suspected as terrorists to the proper judicial; authority
within three days is punished by 10 years and one day to 12 years.

IX. Other Acts Punished As Offenses (punished by imprisonment of 10 years and one day to 12 years)
which acts are related to the arrest/detention of suspected terrorists

A. Violation of the rights of a person detained

1. Right to be informed of the nature and cause of the arrest; to remain silent; to counsel
2. To communicate and confer with counsel at any time without restriction
3. To communicate at any time and without restrictions with members of family or relatives and be
visited by them
4. To avail of the services of a physician of choice

B. Offenses relating to an official log book:

1. Failure to keep official logbook detailing the name of the person arrested the date and time of
initial admission for custody and arrest; state of his health; date and time of removal from his cell,
and his return thereto; date and time of visits and by whom; all other important data bearing on his
treatment while under arrest and custody

2. Failure to promptly issue a certified true copy of the entries of the log book

C. Using threat, intimidation, coercion, inflicting physical pain, or torment or mental emotional, moral or
psychological pressure which shall vitiate the free will

D. Punishes Infidelity in the Custody of Detained Persons

1. The penalty is 12 years and one day to 20 years if the person detained is a prisoner by final
judgment
2. The penalty is 6 years and one day to 12 years if the prisoner is a detention prisoner

E. Punishes the act of knowingly furnishing False Testimony, forged document or spurious evidence in
any investigation or hearing under the law ( 12 yrs and one day to 20 years)

X. Prosecution under the Law is a bar to another prosecution under the Revised Penal code or any other
special law for any offense or felony which is necessarily included in the offense charged under the law

XI. If the suspect is acquitted he is entitled to P500,000.00 for every day of detention without a warrant of
arrest.

A. Any person who delays the release or refuses to release the amount shall be punished by
imprisonment of 6 months

XII. Provisions on the Identity of the Informant

A. The officer to whom the name of the suspect was first reveled shall record the real name and
specific address of the informant and shall report the same to his superior officer who shall in turn
transmit the information to the Congressional Oversight Committee within 5 days after the suspect was
placed under arrest, or his properties sequestered seized or frozen.

B. The data shall be considered confidential and shall not be unnecessarily revealed until after the
proceedings against the suspect shall have been terminated.
( NOTE: It would seem that the confidentiality of the informants identity is not permanent but may be
revealed, not like the provisions of the Rules of Evidence which considers the confidentiality as
permanent)

XIII. Territorial Application of the law:

The law applies to any person who commits an act covered by the law if committed:

A. Within the terrestrial domain, interior waters, maritime zone and airspace of the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises belonging to or occupied by the Philippine
government in an official capacity
E. Against Philippine citizens or persons of Philippine descent where their citizenship or ethnicity was
a factor in the commission of the crime
F. Directly against the Philippine government.

XIV. The provisions of the law shall be automatically suspended one month before and two months after
the holding of any election.

Sec. 3 Terrorism Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a.
b.
c.
d.
e.
f.

Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters);
Article 134 (Rebellion or Insurrection);
Article 143-A (Coup d Etat), including acts committed by private persons;
Article 248 (Murder);
Article 267 (Kidnapping and Serious Illegal Detention);
Article 324 (Crimes Involving Destruction);

or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
(3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)
and,
(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand,
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
Sec. 6 Accessory Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either
as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects or instruments thereof, in order to prevent discovery; (c) by
harboring, concealing, or assisting in the escape of the principal or conspirator of the crime,

shall suffer the penalty of ten (10) years and one day to twelve years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same
degree, with the single exception of accessories falling within the provisions of
subparagraph (a).
Sec. 7 Surveillance of Suspects and Interception and Recording of
Communications The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement official and the members of his team
may, upon a written order of the Court of Appeals, listen to, intercept and record, with the
use of any mode, form, kind or type of electronic or other surveillance equipment or
intercepting and tracking devices, or with the use of any other suitable ways and means for
that purpose, any communication, message, conversation, discussion, or spoken or written
words between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the crime of
terrorism of conspiracy to commit terrorism.
Provided, that surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
Sec. 26 Restriction on Travel In cases where evidence of guilt is not strong, and the
person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where he resides or where the
case is pending, in the interest of national security and public safety, consistent with Article
III, Section 6 of the Constitution. Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the terms and conditions of his
bail, which shall then be forfeited as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his or her usual
place of residence.
While under house arrest, he or she may not use telephones, cell phones, e-mails,
computers, the internet or other means of communication with people outside the residence
until otherwise ordered by the court.
The restrictions above-mentioned shall be terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or earlier upon the discussion of the court on
motion of the prosecutor or of the accused.
Sec. 39 Seizure and Sequestration The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any bank or financial institution, moneys,

businesses, transportation and communication equipment, supplies and other implements,

and property of whatever kind and nature belonging: (1) to any person suspected of or
charged before a competent Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization,
association, or group of persons; or (3) to a member of such organization, association, or
group of persons shall be seized, sequestered and frozen in order to prevent their use,
transfer, or conveyance for purposes that are inimical to the safety and security of the
people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably
needed by the monthly needs of his family, including the services of his or her counsel and
his or her familys medical needs, upon approval of the court. He or she may also use any
of his property that is under seizure or sequestration or frozen because of his/her indictment
as a terrorist upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of
Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy
to commit terrorism to withdraw such sums from sequestered or frozen deposits,
placements, trust accounts, assets and records as may be necessary for the regular
sustenance of his/her family or to use any of his/her property that has been seized,
sequestered or frozen for legitimate purposes while his/her case is pending shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.