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 d’etat

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 latter’s 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 informant’s 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.