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Crim Anti Terrorist Law

Crim Anti Terrorist Law

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Published by: Sui on Aug 11, 2008
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09/08/2012

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Republic of the PhilippinesCONGRESS OF THE PHILIPPINESTHIRTEENTH CONGRESS
Third Regular ession
REPUBLIC ACT NO.________ AN ACTTO SECURE THE STATE AND PROTECT OUR PEOPLE FROMTERRORISM
Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:
SECTION 1.
hort Title
.– This Act s all hencefort be known as t e “Human Security Act of 2007.” 
SEC.2.
Declaration of Policy 
.– It is declared a policy of the State toprotect life,liberty,andproperty from acts of terrorism,to condemn terrorism as inimicaland dangerous to t e national security of the country and to the welfare of the people,and to make terrorisma crime against t e Filipino people,against humanity,and against t e law of nations.In t e implementation of the policy stated above,t e State s alluphold the basic rights andfundamental liberties of the people as enshrined in the constitution.The State recognizes t at t e fight against terrorism requires acompre ensive approac ,comprising political,economic,diplomatic,military,and legal meansduly taking into account the rootcauses of terrorism without acknowledging t ese as justificationsfor terrorist and/or criminal activities.Suc measures shall include conflict management and post-conflictpeace-building,addressing the roots of conflict by building state capacity and promoting equitableeconomic development.Nothing in this Act s all be interpreted as a curtailment,restrictionor diminution of constitutionallyrecognized powers of the executive branc of the government.It isto be understood,however,t at theexercise of t e constitutionally recognized powers of the executivedepartment of the government shall notprejudice respect for human rights whic s all be absolute andprotected at all times..
-2-SEC.3.
Terrorism
.
– Any person who commits an act punis ableunder any of t e followingprovisions of the Revised Penal Code:A.Article 122 (Piracy in General and Mutiny in the High Seas or in te P ilippineWaters);B.Article 134 (Rebellion or Insurrection);C.Article 134-a (Coup d ‘Etat),including acts committed by privatepersons;D.Article 248 (Murder);E.Article 267 (Kidnapping and Serious Illegal Detention);F.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 andNuclear Waste ControlAct of 1990);(3)Republic Act No.5207,(Atomic Energy Regulatory and LiabilityAct of 1968);(4)Republic Act No.6235 (Anti-Hijacking Law);(5)Presidential Decree No.532 (Anti-piracy and Anti-ig way RobberyLaw of 1974);and,(6)Presidential Decree No.1866,as amended (Decree Codifying t eLaws on Illegal andUnlawful Possession,Manufacture,Dealing in,Acquisition orDisposition of Firearms,Ammunitions or Explosives)thereby sowing and creating a condition of widespread andextraordinary fear and panic among t epopulace,in order to coerce the government to give in to anunlawful 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 asprovided for under Act No.4103,ot erwise known as theIndeterminate Sentence Law,as amended.
SEC.4.
Conspiracy to Commit Terrorism
.– Persons who conspire tocommit the crime of terrorismshall suffer the penalty of forty (40)years of imprisonment..
-3-
There is conspiracy when two or more persons come to anagreement concerning t e commissionof the crime of terrorism as defined in Section 3 ereof and decideto commit the same.
SEC.5.
 Accomplice
.
– Any person who,not being a principal underArticle 17 of the RevisedPenal Code or a conspirator as defined in Section 4ereof,cooperates in the execution of either the crime
 
of terrorism or conspiracy to commit terrorism by previous orsimultaneous acts shall suffer the penalty of from seventeen (17)years,four (4)months one day to twenty(20)years of imprisonment.
SEC.6.
 Accessory 
.
– Any person who,aving knowledge of thecommission of the crime of terrorism or conspiracy to commit terrorism,and without havingparticipated t erein,either as principal oraccomplice under Articles 17 and 18 of the Revised PenalCode,takes part subsequent to its commissionin any of the following manner:(a)by profiting himself or assistingthe offender to profit by t e effects of t ecrime;(b)by concealing or destroying the body of t e crime,or theeffects,or instruments t ereof,in orderto prevent its discovery;(c)by arboring,concealing,or assisting inthe escape of the principal orconspirator of the crime,shall suffer the penalty of ten (10)yearsand one day to twelve (12)years of imprisonment.Notwithstanding the above paragrap ,t e penalties prescribed foraccessories s all not beimposed upon t ose who are suc wit respect to t eirspouses,ascendants,descendants,legitimate,natural,and adopted brot ers and sisters,or relatives by affinitywithin the same degrees,wit the singleexception of accessories falling within the provisions of subparagrap (a).
SEC.7.
urveillance of uspects and Interception and Recording of Communications
.– Theprovisions of Republic Act No.4200 (Anti-wire Tapping Law)to thecontrary notwit standing,a police orlaw enforcement official and t e members of is team may,upon awritten order of the Court of Appeals,listen to,intercept and record,with t e use of any mode,form,kind ortype of electronic or othersurveillance equipment or intercepting and tracking devices,or wit te use of any other suitable ways andmeans for that purpose,anycommunication,message,conversation,discussion,or spoken orwrittenwords between members of a judicially declared and outlawedterrorist organization,association,or group.
-4-
of persons or of any person c arged wit or suspected of the crimeof terrorism or conspiracy to committerrorism.
Provided 
,That surveillance,interception and recording of communications between lawyers andclients,doctors and patients,journalists and their sources andconfidential business correspondence shallnot be aut orized.
SEC.8.
Formal Application for Judicial Authorization
.– The writtenorder of the aut orizing divisionof the Court of Appeals to track down,tap,listen to,intercept,andrecord communications,messages,conversations,discussions,or spoken or written words of any personsuspected of the crime of terrorism orthe crime of conspiracy to commit terrorism shall only be grantedby t e authorizing division of the Court of Appeals upon an
ex parte
written application of a police or of a lawenforcement official who has been dulyaut orized in writing by the Anti-Terrorism Council created inSection 53 of this Act to file suc
ex parte
application,and upon examination under oat or affirmation of t eapplicant and t e witnesses e mayproduce to establish:(a)that there is probable cause to believebased on personal knowledge of facts orcircumstances that the said crime of terrorism or conspiracy tocommit terrorism has been committed,or isbeing committed,or is about to be committed;(b)t at there isprobable cause to believe based onpersonal knowledge of facts or circumstances t at evidence,whic isessential to t e conviction of anycharged or suspected person for,or to t e solution or preventionof,any suc crimes,will be obtained;and,(c)t at t ere is no ot er effective means readily available foracquiring suc evidence.
SEC.9.
Classification and Contents of the Order of the Court 
.– Thewritten order granted by theaut orizing division of the Court of Appeals as well as its order,if any,to extend or renew t e same,t eoriginal application of t e applicant,including his application toextend or renew,if any,and the writtenaut orizations of the Anti-Terrorism Council s all be deemed and arehereby declared as classifiedinformation:
Provided,
That t e person being surveilled or whosecommunications,letters,papers,messages,conversations.Discussions,spoken or written words andeffects have been monitored,listenedto,bugged or recorded by law enforcement aut orities as t e right tobe informed of the acts done by the
 
law enforcement aut orities in t e premises or to c allenge,if he or se intends to do so,t e legality of the.
-5-
interference before the Court of Appeals whic issued t e writtenorder.The written order of t eaut orizing division of the Court of Appeals shall specify thefollowing:(a)t e identity,suc as name andaddress,if known,of the charged or suspected person whosecommunications,messages,conversations,discussions,or spoken or written words are to be trackeddown,tapped,listened to,intercepted,andrecorded and,in t e case of radio,electronic,or telep onic (w et erwireless or ot erwise)communications,messages,conversations,discussions,or spoken orwritten words,t e electronictransmission systems or t e telep one numbers to be trackeddown,tapped,listened to,intercepted,andrecorded and t eir locations or if the person suspected of t e crimeof terrorism or conspiracy to committerrorism is not fully known,suc person shall be subject tocontinuous surveillance provided there is areasonable ground to do so;(b)t e identity (name,address,and t epolice or law enforcementorganization)of t e police or of the law enforcementofficial,including t e individual identity (names,addresses,and t e police or law enforcement organization)of themembers of is team,judiciallyaut orized to track down,tap,listen to,intercept,and record t ecommunications,messages,conversations,discussions,or spoken or written words;(c)t e offenseor offenses committed,or beingcommitted,or soug t to be prevented;and,(d)the lengt of time witin whic the aut orization shall beused or carried out.
SEC.10.
Effective Period of Judicial Authorization
.– Any autorization granted by the aut orizingdivision of t e Court of Appeals,pursuant to Sec.9 (d)of thisAct,shall only be effective for t e length of time specified in t e written order of t e aut orizing division of t eCourt of Appeals,whic shall notexceed a period of thirty (30)days from t e date of receipt of thewritten order of the aut orizing division of the Court of Appeals by the applicant police or law enforcementofficial.The aut orizing division of the Court of Appeals may extend orrenew the said aut orization foranother non-extendible period,w ic shall not exceed thirty (30)daysfrom the expiration of t e originalperiod:
Provided 
,That t e aut orizing division of the Court of Appeals is satisfied t at suc extension orrenewal is in the public interest:and
Provided 
,
further 
,That t e
ex  parte
application for extension or.
-6-
renewal,w ich must be filed by t e original applicant,as been dulyauthorized in writing by the Anti-Terrorism Council.In case of deat of the original applicant or in case he is physicallydisabled to file the applicationfor extension or renewal,t e one next in rank to t e originalapplicant among the members of the teamnamed in t e original written order of t e authorizing division of t eCourt of Appeals s all file theapplication for extension or renewal:
Provided,
That,withoutprejudice to the liability of the police or lawenforcement personnel under Section 20 hereof,t e applicant policeor law enforcement official shall havethirty (30)days after t e termination of t e period granted by theCourt of Appeals as provided in thepreceding paragrap s wit in whic to file t e appropriate case beforet e Public Prosecutor ’ s Office for anyviolation of this Act.If no case is filed within the thirty (30)-day period,t e applicantpolice or law enforcement officialshall immediately notify t e person subject of thesurveillance,interception and recording of t e terminationof the said surveillance,interception and recording.The penalty of ten (10)years and one day to twelve(12)years of imprisonment s all be imposed upon t e applicantpolice or law enforcement official who failsto notify t e person subject of thesurveillance,monitoring,interception and recording as specifiedabove.
SEC.11.
Custody of Intercepted and Recorded Communications
.–All tapes,discs,andrecordings made pursuant to the aut orization of the aut orizingdivision of the Court of Appeals,includingall excerpts and summaries t ereof as well as all written notes ormemoranda made in connectiontherewit ,shall,within forty-eight (48)hours after the expiration of te period fixed in the written order of the aut orizing division of the Court of Appeals or within forty-eight(48)hours after the expiration of any

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