Primer on the Human Security Act of 2007

The headlines today are awash with the so-called “Anti-Terror Bill,” the moniker adopted for Senate Bill 1083 and House Bill 6875. If approved by the President, this bill will become the “Anti-Terrorism Act of 2020.”

Comments and criticisms on the 2020 Anti-Terror Bill aside, the Philippines currently does have a law in place to protect the State and its citizens from terrorism. This is the Human Security Act of 2007 or Republic Act No. 9372 entitled “An Act to Secure the State and Protect Our People from Terrorism.” (Note: When the Human Security Act was being passed, there were also a lot of fears that the law would be used and abused against political enemies.)

So, what is this law about, what is its purpose and what does it do? This law primer on R.A. No. 9372 aims to answer your questions about the existing Anti-Terror Law. This is not a commentary about the new Anti-Terror Bill.

What is the stated purpose of the Human Security Act of 2007?

Under Section 2 of R.A. No. 9372, the purpose of the law is “to protect life, liberty, and property from acts of terrorism; to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people; and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations.”

What acts are punishable under the Human Security Act of 2007?

The law punishes the crimes of terrorism and conspiracy to commit terrorism.

Under Section 3 of R.A. 9372, terrorism is the crime committed by any person who commits any act punishable under any of the following provisions of 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)

Terrorism may also necessarily include any act punishable under any of the following special laws:

Presidential Decree No. 1613 (The Law on Arson);
Republic Act NO. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
Republic Act No. 6235 (Anti-Hijacking Law);
Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and
Presidential Decree No. 1866, as mended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

What makes these acts “terrorism” instead of just ordinary crimes?

The acts enumerated above are considered “terrorism” if the person commits them “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.”

Would the commission of terrorism result in the charge of two crimes: one for terrorism under the Human Security Act and one for the ordinary crime, e.g. murder, piracy, etc.?

No. The crime of murder, when committed as an act of terrorism, is necessarily included in the crime of terrorism. There will only be one charge of terrorism and no separate charge for murder, as the case may be. Thus, when the accused is tried for terrorism but later the case against him is dismissed, he may no longer be charged with another separate ordinary crime like murder. Double jeopardy attaches.

What is the penalty for committing an act of terrorism?

The penalty is 40 years of imprisonment without the benefit of parole.

Aside from the person who commits the act of terrorism himself, who are the other persons punished for terrorism under this law?

Under Section 5 of R.A. No. 9372, an accomplice to terrorism is any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, 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 imprisonment from seventeen (17) years, four (4) months and one (1) day to twenty (20) years.

On the other hand, under Section 6 of the Human Security Act, an accessory to terrorism is 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:

By profiting himself or assisting the offender to profit by the effects of the crime;
By concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery;
By harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (1) years and one day to twelve (12) years of imprisonment.

Are there exceptions to the provision against accessories?

Yes. 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 provision of subparagraph (a).

In other words, an exception to the exception are those profit or assist the offender to profit by the effects of the crime. In such case, the family member may be held liable as an accessory to terrorism and suffer the penalty therefor.

What is conspiracy to commit terrorism?

There is conspiracy to commit terrorism when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 of R.A. 9372 and decide to commit the same. Under Section 4, persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.

Is membership of a terrorist organization punishable under this Act?

No. However, being a member of a judicially declared and outlawed terrorist organization may subject you to surveillance, examination of bank deposits, accounts and records, seizure and sequestration of bank accounts, deposits and assets.

How is a terrorist organization defined under the Human Security Act?

Under Section 17 of R.A. 9372, any organization, association, or group of persons organized for the purpose of engaging in terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this act or to sow and create 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 declared as a terrorist and outlawed organization, association, or group of persons.

Who declares an organization, association or group of persons as a terrorist organization?

The Regional Trial Court upon application of the Department of Justice with due notice and opportunity to be heard given to the organization, association, or group of persons concerned.

What are the parameters for conducting surveillance under R.A. No. 9372?

Under Section 7 of the Human Security Act, a police or law enforcement official and the members of his team may, upon 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;
Any person charged with the crime of terrorism or conspiracy to commit terrorism; and
Any person suspected of the crime of terrorism or conspiracy to commit terrorism.

Further, under Section 8 of R.A. No. 9372, surveillance may only be granted by the authorizing division of the Court of Appeals upon an ex parte written explanation of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council to file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish:

That there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be committed;
That there is probable cause to believe based on personal knowledge of facts or circumstances that evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and
That there is no other effective means readily available for acquiring such evidence.

What does the written order for surveillance issued by the Court of Appeals contain?

The written order of the authorizing division of the Court of Appeals shall specify the following:

Identity, such as name and address, if known, of the charged or suspected person whose communications, messages, conversations, discussions, or spoken or written words are to be tracked down, tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether wireless or otherwise) communications, messages, conversations, discussions, or spoken or written words, the electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded and their locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known, such person shall be subject to continuous surveillance provided there is a reasonable ground to do so;
The identity (name, address, and the police or law enforcement organization) of the police or of the law enforcement official, including the individual identity (names, addresses, and the police or law enforcement organization) of the members of his team, judicially authorized to track down, tap, listen to, intercept, and record the communications, messages, conversations, discussions, or spoken or written words;
The offense or offenses committed, or being committed, or sought to be prevented; and
The length of time within which the authorization shall be used or carried out.

What is the lifespan of the written order for surveillance issued by the Court of Appeals?

It is effective for the length of time specified in the written order, which shall not exceed thirty (30) days from the date of receipt of the written order by the applicant police or law enforcement official. The same may be extended or renewed for another period not to exceed 30 days from expiration of the original period.

What are the conditions for renewal or extension of a written order for surveillance?

The authorizing division of the Court of Appeals must be satisfied that such extension or renewal is in the public interest and that the ex parte application for renewal or extension, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council. It likewise required that, without prejudice to the liability of the police or law enforcement personnel under Section 20, the applicant police or law enforcement official shall have 30 days after termination of the period granted by the Court of Appeals to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act.

What if the original applicant dies or is physically disabled from filing the application for renewal or extension?

In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application.

What are the consequences if no case for violation against R.A. No. 9372 is filed within or at the end of the 30-day period?

The applicant police or law enforcement official shall immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording. Otherwise, said police or law enforcement official shall be penalized with 10 years and 1 day to 12 years of imprisonment.

Does surveillance under R.A. 9372 violate the Anti-Wiretapping Law or R.A. No. 4200?

No. It is considered as an exception, provided the legal parameters and procedures are complied with.

Are communications between lawyers and their clients subject to surveillance under R.A. 9372?

No. Communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence are expressly exempted from surveillance.

Does the media or any person have the right to report that a certain person or organization is under surveillance pursuant to the Human Security Act?

No. Under Section 9 of the Human Security Act, the following are considered as classified information:

Written order granted by the authorizing division of the Court of Appeals, including orders for renewal or extension of the surveillance order;
The original application of the applicant for surveillance, including the application for extension or renewal thereof;
Written authorizations of the Anti-Terrorism Council for surveillance

What are the rights of the person surveilled?

He has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written order.

What will happen to the intercepted or recorded communications?

They shall, within 48 hours from the expiration of the period of surveillance given, be deposited with the Court of Appeals in a sealed envelope or sealed package. It shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team. If the original applicant passed away in the meanwhile, the one next in rank shall accomplish the joint affidavit.

What should the joint affidavit of the original applicant contain?

Under Section 12 of the Human Security Act, the joint affidavit must allege the following:

The number of tapes, discs, and recordings that have been made, as well as the number of excerpts and summaries thereof and the number of written notices and memoranda, if any, made in connection therewith;
The dates and times covered by each of such tapes, discs, and recordings;
The number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit; and
The date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the date of any extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals

In addition, the joint affidavit must contain a certification under oath that no duplicates or copies of the whole or part of any of such tapes, discs, and recordings have been made, or if made, such duplicates or copies are included in the sealed envelope or sealed package.

How will the materials deposited with the Court of Appeals be treated?

Under Section 13 of R.A. No. 9372, the sealed envelope or sealed package shall not be opened and its contents shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the authorizing division of the Court of Appeals.

What legal procedures are required to use the deposited materials as evidence?

Written application of the DOJ
Filed before the authorizing division of the Court of Appeals
Upon showing that the DOJ has been duly authorized in writing by the Anti-Terrorism Council to file the application
With proper written notice to the person whose conversation, communication, message, discussion or spoken or written words have been the subject of surveillance, monitoring, recording and interception, specifying the purpose or reason

What is the evidentiary value of the deposited materials if any of provisions of the Human Security Act are violated?

They are absolutely inadmissible or not usable as evidence.

May a person be detained without judicial warrant of arrest on a charge with or suspicion of the crime of terrorism or the crime of conspiracy to commit terrorism?

Yes. Under Section 18 of R.A. No. 9372, the provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism may be detained without judicial warrant of arrest. The only condition is that the arrest or detention must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of the Human Security Act and that the person, after arrest but before detention, must first be presented before any judge at the latter’s residence or office nearest the place where the arrest took place at any time of the day or night.

What are the duties of the arresting officers when arresting and detaining a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism?

Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest. Otherwise, they shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

On the other hand, if by deliberate act, misconduct, or inexcusable negligence, they cause or allow the escape of such detained person, they are liable for 12 years and 1 day to 20 years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and 6 years and 1 day to 12 years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.

Do government witnesses enjoy immunity and protection in relation to this Act?

Yes. They are immune from prosecution under Sections 17 and 18 of Rule 119 of the Rules of Court and be entitled to benefits granted to witnesses under Republic act No. 6981 (Witness Protection, Security and Benefits Act).

What is the penalty for unauthorized revelation of classified materials?

10 years and 1 day to 12 years of imprisonment.

What is the penalty for furnishing false evidence, forged document, or spurious evidence?

12 years and 1 day to 20 years of imprisonment.

What is the duty of the judge to whom a person arrested for the crime of terrorism or suspected of terrorism or conspiracy to commit terrorism is presented before detention?

It is his duty to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within 3 calendar days from the time the suspect was brought to his/her residence or office.

How long is the detention contemplated under Section 18?

The arresting officer has three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody, to deliver said person to the proper judicial authority. Otherwise, the arresting officer shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

May a person charged with or suspected of terrorism or conspiracy to commit terrorism be detained without judicial warrant of arrest for more than 3 days?

No. However, in the event of an actual or imminent terror attack, the police or law enforcement personnel concerned may request from a municipal, city, provincial, regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of arrest for a written approval that the suspects be detained for more than 3 days. The approval in writing must be secured within 5 days after the date of the detention of the persons concerned.

If the detained suspect’s connection to the terror attack or threat is not established, would the extension still apply?

No. If his connection to the terror attack or threat is not established within 3 days after detention, the suspect shall be released immediately.

What are the rights of a person under custodial detention?

He shall be informed, by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought, of his or her right:

To be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or Public Attorney’s Office (PAO. It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. These rights cannot be waived except in writing and in the presence of the counsel of choice;
Informed of the cause or causes of his detention in the presence of his legal counsel;
Allowed to communicate freely with his legal counsel and to confer with them at any time without restriction;
Allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relative and to be visited by them; and
Allowed freely to avail of the service of a physician or physicians of choice.

He shall also be free from the infliction of any threat, intimidation, or coercion, or any form of physical pain or torment, or mental, moral, or psychological pressure which shall vitiate his free-will.

What is the penalty for violation of the rights of a detainee?

For paragraphs (a) to (e), 10 years and 1 day to 12 years of imprisonment for the police or law enforcement personnel. If he cannot be identified, the penalty shall be imposed on the police officer or head or leader of the law enforcement unit having custody of the detainee at the time the violation was done.

However, if the detainee is subjected to threat, intimidation, coercion or torture, the penalty is 12 years and 1 day to 20 years of imprisonment.

What is the duty of police or law enforcement custodial unit in the custody of the detainee?

They shall keep a securely and orderly maintained official logbook, which contain a clear and concise record of:

Name, description, and address of the detained person;
The date and exact time of his initial admission for custodial arrest and detention;
The name and address of the physician or physicians who examined him physically and medically;
The state of his health and physical condition at the time of his initial admission for custodial detention;
The date and time of each removal of the detained person from his cell for interrogation or for any purpose;
The date and time of his return to his cell;
The name and address of the physician or physicians who physically and medically examined him after each interrogation;
A summary of the physical and medical findings on the detained person after each of such interrogation;
The names and addresses of his family members and nearest relatives, if any and if available;
The names and addresses of persons who visit the detained person;
The date and time of each such visits;
The date and time of each request of the detained person to communicate and confer with his legal counsel or counsels;
The date and time of each visit, and date and time of each departure of his legal counsel or counsels; and
All other important events bearing on and all relevant details regarding the treatment of the detained person while under custodial arrest and detention.

The custodial logbook shall upon demand of the lawyer or family member of the detainee (including relatives within the 4^th civil degree of consanguinity or affinity) or his physician be open and made available for the latter’s inspection or scrutiny. The police or law enforcement custodial unit shall also, upon demand of said lawyer or family member of the detainee (including relatives within the 4^th civil degree of consanguinity or affinity), issue a certified true copy of the entries of the logbook.

Failure to comply with the logbook requirement is punishable by penalty of 10 year and 1 day to 12 years of imprisonment.

Can a person charged with the crime of terrorism or conspiracy to commit terrorism but out on bail be restricted from travel?

Yes. Under Section 26 of the Human Security Act, in cases where evidence of guilt is not strong, and the person 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.

What is the consequence of travel outside of said municipality or city without authorization of the court?

It 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 or she may 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, cellphones, e-mails, computers, the internet or other means of communication with people outside the residence until otherwise ordered by the court.

When will the above restrictions be terminated?

Upon acquittal of the accused or earlier upon the discretion of the court on motion of the prosecutor or of the accused.

Can the bank deposits of a person charged with or suspected of terrorism or conspiracy to commit terrorism be examined?

Yes. As an exception to R.A. No. 1405 (Secrecy of Bank deposits Law), the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases, may, after satisfying themselves of the existence of probable cause in a hearing called for that purpose, authorize the examination of bank deposits of persons charged with or suspected of terrorism or conspiracy to commit terrorism. This provision also applies to the bank deposits of a judicially declared and outlawed terrorist organization, association, or group of persons and a member of such group.

What are the requirements to examine the bank deposits, accounts and records under the Human Security Act?

The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets and records shall only be granted upon compliance with the following requirements:

Ex parte application to examine said deposits by the police or law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council
Examination under oath or affirmation of the applicant and the witnesses to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets and records.

What is the legal remedy of the person or organization subject of the examination?

He has the right to be informed of the acts done by the law enforcement authorities and may challenge the legality of the interference.

How long is the effectivity of the court authorization to examine and obtain information on bank deposits, accounts, and records under R.A. No. 9372?

The authorization shall be effective for the length of time specified in the written order, which shall not exceed 30 days from the date of receipt of the written order by the applicant police or law enforcement official. The period may be extended or renewed for another period not exceeding 30 days but subject to another 30 days, provided the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest, and provided further that the application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council. If the original applicant has died or physically disabled, the one next in rank shall file the written application for extension or renewal.

How long does the police have after termination of the period to examine the bank deposits, etc. within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act?

The police or law enforcement official shall have 30 days after termination of the period granted in the written order for examination of bank deposits, etc. within which to file the appropriate case. If no case is filed within the 30-day period, the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records. The penalty of 10 years and 1 day to 12 years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing shall suffer the penalty of 6 years and 1 day to 8 years of imprisonment.

What will happen to the bank data and information obtained after examination of deposits, placements, trust accounts, assets and records?

Within 48 hours after expiration of the period fixed in the written order, or any extension or renewal thereof, the same shall be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits, placements, trust accounts, assets and records.

What should the joint affidavit in relation to the bank information, etc. contain?

The joint affidavit shall state:

Identifying marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined;
The identity and address of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained;
The number of bank deposits, placements, trust accounts, assets, and records discovered, examined, and frozen;
The outstanding balances of each of such deposits, placements, trusts accounts, assets;
All information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals;
The date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the examination of the said bank deposits, placements, trust accounts, assets and records, as well as the date of any extension or renewal of the original written authorization granted by the authorizing division of the Court of Appeals; and
That the items enumerated were all that were found in the bank or financial institution examined at the time of the completion of the examination.
Certification under oath that no duplicates or copies of the information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records have been made, or, if made, that all such duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals.

What is the penalty for false or untruthful statement or misrepresentation of material fact in joint affidavits?

Any false or untruthful statement or misrepresentation of material fact in the joint affidavits shall constitute a criminal offense and the affiants shall suffer individually the penalty of 10 years and 1 day to 12 years of imprisonment.

What happens if the bank data and information obtained are destroyed instead of turned over to the Court of Appeals?

Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than 6 years and 1 day to 12 years of imprisonment.

How should the bank materials be disposed of?

Since the bank materials are declared classified information under the Human Security Act, the same shall not be divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in writing to the party concerned not later than 3 days before the scheduled opening.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of 6 years and 1 day to 8 years of imprisonment.

What is the legal procedure in the opening of deposited bank materials?

There must be a written application, with notice in writing to the party concerned not later than 3 days of the scheduled opening, and shall clearly state the purpose and reason for opening, revealing/disclosing or using the information.

What is the evidentiary value of the deposited bank materials?

Any information, data, excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records, which have been secured in violation of the provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

What is the penalty for unauthorized or malicious examination of a bank or financial institution?

Any person, police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or financial institution of the subject person/s, without proper authority, shall be guilty of an offense and shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

In addition to the above liability, the penalty of 10 years and 1 day to 12 years of imprisonment shall be imposed upon any police or law enforcement personnel, who maliciously obtained an authority from the Court of Appeals to examine the deposits, placements, etc. For that purpose, the person whose bank deposits, etc. are subject of malicious examination, shall upon motion duly filed be allowed to access the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any such police or law enforcement personnel.

Can the bank refuse the due examination of deposits, etc.?

No. An employee, official, or a member of the board of directors of a bank or financial institution, who refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of its clients subject of the examination, when duly served with the written order of the authorizing division of the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

If, upon examination, there are deposits and outstanding balances, placements, etc. in the subject account, what will happen to those deposits?

They 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.

However, the accused or suspect 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 family’s 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 or her indictment as a terrorist upon permission of the court for any legitimate reason.

Any person who unjustifiable refuses to follow the order of the court shall suffer the penalty of 10 years and 1 day to 12 years of imprisonment.

What is the nature of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records?

They are considered as property held in trust by the bank or financial institution for such person and the government during the pendency of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of said crimes, and their use or disposition while the case is pending shall be subject to the approval of the court before which the case or cases are pending.

If the owner of the bank funds that have been seized, sequestered and frozen is found to be innocent, will the filing by the prosecutor of an appeal or motion for reconsideration stay the release of the funds?

No. The seizure, sequestration and freezing shall be deemed lifted and the funds deemed released and restored to its owner without any delay and without any further action on the part of the owner. The filing of any appeal or motion for reconsideration shall not stay the release of said funds.

Delay or unjustified refusal to release the funds is punishable with 10 years and 1 day to 12 years of imprisonment.

In addition, upon his or her acquittal or the dismissal of charges against him, the amount of PHP 500,000.00 a day for the period in which his properties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him or her.

The same amount of damages shall also be paid for every day that the person is detained or deprived of liberty or arrested without a warrant, the amount to be automatically charged from the appropriations of the police agency or Anti-Terrorism Council that brought or sanctioned the filing of charges and released within 15 days from acquittal. This is without prejudice to the right of the accused to file criminal or administrative charges against those responsible.

Would the funds be forfeited in favor of the government if he is instead found guilty?

Yes.

Will the informant that someone is a suspect in the crime of terrorism be recorded?

Yes, but shall remain confidential. His real name and specific address will be recorded by the police or law enforcement officers and reported to their superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within 5 days after the suspect was placed under arrest or his properties were sequestered, seized or frozen.

Who are the members of the Anti-Terrorism Council?

Executive Secretary, who shall be its chairperson;
The Secretary of Justice, who shall be its Vice Chairperson;
The Secretary of Foreign Affairs;
The Secretary of the National Defense;
The Secretary of the Interior and Local Government;
The Secretary of Finance; and
The National Security Advisor.

What other agencies shall serve as support for the Anti-Terrorism Council?

The National Intelligence Coordinating Agency, which shall be formed by the Anti-Terrorism Council, shall serve as the secretariat. Other agencies are:

National Bureau of Investigation;
The Bureau of Immigration;
The Office of the Civil Defense;
The Intelligence Service of the Armed Forces of the Philippines;
The Anti-Money Laundering Council;
The Philippine Center on Transnational Crime; and
The Philippine National Police Intelligence and Investigative elements

What are the functions of the Anti-Terrorism Council?

Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the country;
Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism proscribed in this Act;
Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of their cases;
Establish and maintain comprehensive data-base information systems on terrorism, terrorist activities, and counter-terrorism operations;
Freeze the funds, property, bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant to Republic Act No. 9160 otherwise known as the Anti-Money Laundering Act of 2001, as amended;
Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention, prosecution, and conviction of persons or persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism; and
Request the Supreme Court to designate specific divisions of the Court of Appeals and regional trial courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the regional trial court in Manila; (b) from the Visayas to handle terrorism cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.

What is the role of the Commission on Human Rights?

It shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this act; and for this purpose, the Commission shall have concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, accused of, or detained for the crime of terrorism or conspiracy to commit terrorism.

Which agency or office handles complaints against the actuations of the police in the implementation of the Human Security Act?

The Grievance Committee, composed of the Ombudsman (chair), Solicitor General and an undersecretary of the Department of Justice, which shall hold office in Manila.

Can a person suspected or convicted of the crime of terrorism be deported to another country?

Section 57 of R.A. No. 9372 places a ban on extraordinary rendition, unless the testimony of said person is needed for terrorist related police investigations or judicial trials in said country and unless his or her human rights, including the right against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice.

Does the Human Security Act have extra-territorial application?

Yes but subject to the provision of an existing treaty of which the Philippines is a signatory. The extra-territoriality provision in the Revised Penal Code applies as well as the following instances:

Individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and
Individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government.

What is the role of the Joint Oversight Committee?

Its role is to review the Act particularly the provisions that authorize the surveillance of suspects of or persons charged with the crime of terrorism. The Committee may summon the police and members of the Anti-Terrorism Council and require them to answer questions from members of Congress and to submit a written report of the acts they have done in the implementation of the law. In turn the Committee shall report to both Houses of Congress.

The courts dealing with anti-terrorism cases shall submit to Congress and the President a report every 6 months of the status of anti-terrorism cases that have been filed with them.

SOURCE: Full Text of Republic Act No. 9372 or the Human Security Act

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