(THE HUMAN SECURITY ACT OF 2007)

 Salient Features
 Policy of the Law
 Acts of Terrorism
 Motive of Terrorism
 Result of the Act
 Persons Liable
 Tools against Terrorism
Terrorism

 Terrorism involves violence and the

threat of violence . (Walter Laquer )

 Any act intended to cause death or serious

bodily harm to civilians or non-combatants
with the purpose of:
1. Intimidating a population of serious
bodily harm;

2. Compelling a government or an
international organization to do or
abstain doing any act
1. Protect life, liberty and property from
acts of terrorism

2. Condemn terrorism as inimical and

dangerous to the national security of the
country and to the welfare of the people

3. Make terrorism a crime against the

Filipino people, against humanity, and
against the law of nations.
4. Uphold the basic rights and
fundamental liberties of the people as
enshrined in the Constitution

5. Respect for human rights which shall be

absolute and protected at all times
A. Under the Revised Penal Code.

 Article 122 (Piracy in General and Mutiny in the High

Seas or in the Philippine Waters

 Article 134 (Rebellion or Insurrection);

 Article 134-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)

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)
 in order to coerce the government
to give in to an unlawful demand
 sowing and creating a condition of
widespread and extraordinary fear
and panic among the populace”
 PRINCIPAL
 CONSPIRATORS (Sec. 4)
 ACCOMPLICE (Sec. 5)
 ACCESSORY (Sec. 6)
Principal

 Forty (40) years of imprisonment

 No Parole as provided for under Act No.
4103 Indeterminate Sentence Law.
(Section3)
Conspiracy to Commit Terrorism – Persons
who conspire to commit the crime of terrorism
shall suffer the penalty of forty (40) years of
imprisonment.

There is conspiracy when two or more persons

come to an agreement concerning the
commission of the crime of terrorism and
decide to commit the same.
Accomplice
Any person who, not being a principal under
Article 17 of the RPC or a Conspirator as defined
in Section 4, cooperates in the execution of either
the crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years,
four (4) months one day to twenty (20) years of
imprisonment.
Accessory
Any person who, having knowledge of the commission of
the crime or conspiracy to commit terrorism, and without
having participated therein, either as principal or
accomplice takes part subsequent to its commission:
(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 its
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 (12) 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
degrees, with the single exception of
accessories, falling within the provisions of
subparagraph (a).
 A. Surveillance of suspects and interception
and recording of communications (Section 7)

 Allows surveillance, interception and

recording of communications
 Use of any mode, form, kind or type of
electronic or other surveillance equipment
 A period of thirty (30) days, renewable for
another thirty (30) days, upon a written order
of the authorizing division of Court of
Appeals.
Prohibits surveillance of privileged
communications among the following:

Lawyers and clients

Doctors and Patients
Journalists and sources
Confidential business correspondence
 There must be a written order from the Court of Appeals
to track down, tap, listen to, intercept and record
communications, messages, conversations, discussions,
or spoken or written words of any person suspected of
the crime of Terrorism or the crime of Conspiracy to
commit Terrorism.
 Upon an ex parte written application of a police or law
enforcement official authorized by the Anti-Terrorism
Council.
 The written authorization to conduct Surveillance shall
not exceed 30 days, extendible for another 30 days.
B. Proscription of Terrorist Organizations,
Associations, or Group of Persons (Sec. 17)
Organizations organized for the purpose of
engaging in terrorism, or which, although not
organized for that purpose, actually uses acts to
terrorize are declared as terrorists and are
outlawed.
The Department of Justice may apply for such
proscription. The organization will be given due
notice and opportunity to be heard.
C. Detention of suspected terrorists without
Warrant of Arrest (Section 18)
 The Act allows warrantless arrests. The suspect
however, must be delivered to the proper judicial
authority within the three-day period.
 The arrest must be the result of the surveillance
under Section 7 and examination of bank
deposits under Section 27 of the Act.
D. Examination of Bank Deposits, Accounts and
Records (Section 27)
 Examination of bank accounts of terrorist suspects
 Seizure or freezing of the proceeds thereof
 Seizure or sequestration of other properties
Properties of a convicted terrorist be forfeited in
favor of the government.
There shall be a Special Court designated to
handle anti-terrorism cases.
Special Court may authorize in writing any police
or law enforcement officer and the members of
his/her team to:
a. examine, or cause the examination of, the
deposits, placements, trust accounts, assets and
records in a bank or financial institution;
b. gather or cause the gathering of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or financial
institution, the bank or financial institution concerned
shall not refuse to allow such examination or to
provide the desired information, when so ordered by
and served with written order of the Court of Appeals.
Section 28 of the Act provides for the procedure for the
application ex parte for the examination of bank
deposits, accounts and records, by the police or by a
law enforcement official.
Section 29 provides for the classification and contents
of the court order. The written order of the court is
considered as a classified information. However, the
person whose bank deposits, placements, trust
accounts, assets, and records have been examined,
frozen, sequestered and seized has the right to be
informed of the acts done by the law enforcement
authorities or to challenge, the legality of the
interference.
Section 30 - written order shall be effective only within
thirty (30) days from the date of receipt by the
applicant police or law enforcement official. Extendible
for another thirty (30) days upon application by the
original applicant, provided he has been duly
authorized in writing by the Anti-Terrorism Council and
upon showing that such renewal is in the public
interest.
The applicant police or law enforcement official shall
file appropriate charges before the Public Prosecutor's
Office for any violation of the Act within thirty (30) days
after the expiration of the period granted by the Court
of Appeals.
Section 31 - all information obtained in the
examination of deposits, placements, trust accounts,
assets and records shall be deposited with the
authorizing division of the Court of Appeals within
forty-eight (48) hours after the expiration fixed in the
written order of the court or within forty-eight (48)
hours after the expiration of the extension or renewal.

The said deposits shall be seized, sequestered, and

frozen.
Failure of police or law enforcement official to
immediately notify the person subject of the
surveillance, interception and recording of the
termination of said surveillance when no case is
filed within the thirty (30) day period from the date
of receipt of the written order of the authorizing
division of the Court of Appeals: (10 years and 1
day to 12 years of imprisonment) Section 10
Unlawful Custody of Intercepted and Recorded
Communications: It shall be unlawful for any
person to copy in whatever form, to remove,
delete, expunge, incinerate, shred or destroy in
any manner the items enumerated in this act in
whole or in part.
Any person who removes, deletes, expunges,
incinerates, shreds or destroys the items
enumerated in Section 11 of the Act shall suffer a
penalty of not less than six (6) years and one day
to twelve (12) years of imprisonment.
Omission or Exclusion of Any Item from the Joint
Affidavit: It shall be unlawful for any person, police or
law enforcement official to omit or exclude from the
joint affidavit required under Section 12 of the Act of
any item or portion thereof mentioned in the said
Section.

Any person, police or law enforcement officer who

violates any of the acts proscribed in the preceding
paragraph shall suffer the penalty of not less than ten
(10) years and one day to twelve (12) years of
imprisonment.
Application to Open Deposited Sealed Envelop or
Sealed Package:

Any person, law enforcement official or judicial

authority who violates his duty to notify as defined in
Section 14 of the Act shall suffer the penalty of six (6)
years and one day to eight (8) years of imprisonment.
 Unauthorized or malicious Interceptions
and/or Recordings:

 ten (10) years and one day to twelve (12) years

of imprisonment
The penalty of ten (10) years and one day to twelve
(12) years imprisonment and the accessory penalty
of perpetual absolute disqualification from public
office shall be imposed for maliciously obtaining an
authority from the Court of Appeals to track down,
tap, listen to, intercept, and record in whatever
manner or form any communication, message,
conversation, discussion, or spoken or written words
of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism
Period of Detention Without Judicial Warrant
of Arrest:

The penalty of ten (10) years and one day to

twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement
personnel who fails to notify any judge as provided
in Section 18 of the Act.
Penalty for Failure to Deliver Suspect to the
Proper Judicial Authority Within Three (3) Days:

10 years and one day to twelve 12 years of

imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or
arrested, detained and taken custody of a person
charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism and fails to deliver
such charged or suspected person to the proper
judicial authority within the period of three (3)
days.
Penalty for Violation of the Rights of a Detainee:

10 years and one day to twelve (12) years of imprisonment.

Same penalty shall be imposed on the police officer or head
or leader of the law enforcement unit

What are this rights:

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
Requirement for an Official Custodial Logbook
and Its Contents (Section 23):

The police or law enforcement custodial unit who

fails to comply with the requirement of Section 23
of the Act to keep an official logbook shall suffer
the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
 FACTS:
◦ The petitioners challenges the constitutionality of
the Human Security Act. They allege that:

 RA 9372 regulates free speech so as to permit a facial

analysis of its validity.
 RA 9372 is vague on the definition of “terrorism”.
 ISSUE:
◦ Whether RA 9372 is unconstitutional?
 HELD:
◦ No. What the law seeks to penalize is conduct, not
speech. Before a charge for terrorism may be filed
under RA 9372, there must be a predicate crime
actually committed to trigger the operation of the
key qualifying phrases in the other elements of the
crime, including the coercion of the government to
accede to an “unlawful demand”. Given the
presence of the first element, any attempt at
singling out or highlighting the communicative
component of the prohibition cannot recategorize
the unprotected conduct into a protected speech.
 As to vagueness, the Supreme Court ruled
that, vagueness doctrine is only applicable to
free speech cases not penal statute. The SC
cited the case of Estrada vs Sandiganbayan
 “Criminal statutes have general in terrorem effect
resulting from their very existence, and, if facial challenge
is allowed for this reason alone, the State may well be
prevented from enacting laws against socially harmful
conduct. In the area of criminal law, the law cannot take
chances as in the area of free speech.”