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Outline

RA 9372: An Act to Secure the State and Protect Our People from Terrorism
(“Human Security Act”)

I. Background
 Republic Act 9372 or the Human Security Act was enacted on March 6, 2007
 Took effect later on June 15, 2008.
 Serves to provide a legal framework for government’s anti-terrorism strategy and
security policies
 Enactment of the law was prompted by terrorist and extremist related activities in
the Philippines by the Abu Sayyaf Group
 Widely based on the first Anti-Terror Bill filed in Congress by Sen. Juan Ponce
Enrile in 1996
 The final version of the bill (SB 2137) was crafted with amendments by
Senators Manny Villar and Aquilino Pimentel, Jr.

Declaration of Policy (Sec. 2)


 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
 To make terrorism a crime against the Filipino people, against humanity, and
against the law of nations

*In achieving these, several safeguards, in the form of penal clauses, were placed in the
law to ensure that any actions taken are within the bounds of law

II. Terrorism
 Elements: (Sec. 3)
1) That the offender commits an act punishable under any of the ff.
provisions of the RPC:
 Art. 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters)
 Art. 134 (Rebellion or Insurrection)
 Art. 134-a (Coup d’Etat), including acts committed by private
persons
 Art. 248 (Murder)
 Art. 267 (Kidnapping and Serious Illegal Detention)
 Art. 324 (Crimes Involving Destruction)
or under any of the ff. special laws:
 PD 1613 (The Law on Arson)
 RA 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990)
 RA 5207 (Atomic Energy Regulatory and Liability Act of 1968)
 RA 6235 (Anti-Hijacking Law)
 PD 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)
 PD 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)

2) That as a result of such act, a condition of widespread and extraordinary


fear and panic among the populace is sowed and created.

3) That such was done to coerce the government to give in to an unlawful


demand

Who Are Liable for The Crime of Terrorism (Besides the Principal)
1) Conspirator (Sec. 4)
 Persons who conspire to commit the crime of terrorism
Penalty: 40 years of imprisonment
* There is conspiracy when two or more persons come to an agreement
concerning the commission of the crime of terrorism as defined in Sec. 3

2) Accomplice (Sec. 5)
 Any person, not being a principal under Art. 17 of the RPC or a
conspirator as defined in Sec. 4 of this act
 Cooperates in the execution of either the crime of terrorism or
conspiracy to commit the same by previous or simultaneous acts
Penalty: 17 years, 4 months 1 day to 20 years of imprisonment.

3) Accessory (Sec. 6)
 Any person, having knowledge of the commission of the crime of terrorism
or conspiracy to commit the same, and w/o having participated therein,
either as principal or accomplice under Arts. 17 & 18 of the RPC
 Takes part subsequent to its commission in any of the ff. 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 to prevent its discovery
c) by harbouring, concealing, or assisting in the escape of the principal or
conspirator of the cri
Penalty: 10 years and 1 day to 12 years of imprisonment

* Exception: The penalties prescribed for accessories shall not be imposed upon
those who are such with respect to their: (only with respect to subparagraph a)
• spouses
•ascendants
•descendants
•legitimate, natural, and adopted brothers and sisters
•relatives by affinity within the same degrees

III. Salient Provisions (headings in red):

Proscription of Terrorist Organizations, Association, or Group of Persons (Sec.17)


What are considered Terrorist Groups?
 Any organization, association, or group of persons organized for the
purpose of engaging in terrorism; or
 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

*Upon application of the Department of Justice before a competent Regional Trial Court,
with due notice and opportunity to be heard given to the organization, association, or
group of persons concerned, the same shall be declared as a terrorist and outlawed
organization, association, or group of persons by the said Regional Trial Court.


Surveillance of Suspects and Interception and Recording of Communications


(Sec.7)
*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
 Upon a written order of the Court of Appeals, may 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) a judicially declared and outlawed terrorist organization, association, or
group of persons or
b) any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism
*Exception: Surveillance, interception and recording of communications
between the ff:
•lawyers and clients
•doctors and patients
•journalists and their sources
•confidential business correspondence

Arrest and Detention of Suspected Terrorists (Sec.18 & 19)


Period of Detention Without Judicial Warrant of Arrest (Sec. 18)
 Any police or law enforcement personnel, having been duly authorized in
writing by the Anti-Terrorism Council
 Has taken custody of a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism
 Shall deliver said charged or suspected person to the proper judicial
authority within a period of three days counted from the moment the said
charged or suspected person has been apprehended or arrested, detained, and
taken into custody by the said police, or law enforcement personnel, without
incurring any criminal liability for delay in the delivery of detained persons to the proper
judicial authorities

Requisites:
(1) That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
(2) That the police or law enforcement personnel concerned shall, before
detaining the person suspected of the crime of terrorism, present him or her
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.

*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.

*Where the arrest is made during Saturdays, Sundays, holidays or after office
hours, the written notice shall be served at the residence of the judge nearest
the place where the accused was arrested.

Period of Detention in the Event of an Actual or Imminent Terrorist Attack (Sec. 19)
*In the event of an actual or imminent terrorist attack, suspects may not be
detained for more than three days without the ff:
 Written approval of a municipal, city, provincial or 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
the arrest; or
 If the arrest is made during Saturdays, Sundays, holidays or after office
hours, the arresting police or law enforcement personnel shall bring the
person thus arrested to the residence of any of the officials mentioned
above that is nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured by the police
or law enforcement personnel concerned within five days after the date
of the detention of the persons concerned.
*Within three days after the detention the suspects, whose connection with the
terror attack or threat is not established, they shall be released immediately.

Restriction on Travel (Sec. 26)
Applicable 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.

Examination of Bank Deposits (Sec. 27-31)


Any police or law enforcement officer and the members of his her team duly authorised
in writing by the ATC may:
 Examine, or cause the examination of, the deposits, placements, trust
accounts, assets and records in a bank or financial institution; and
 Gather or cause the gathering of any relevant information about such
deposits, placements, trust accounts, assets, and records from a bank or
financial institution (Sec. 27)
 Freeze the bank deposits, placements, trust accounts, assets, and records
(Sec. 28)
 Sequester and seize the same (Sec. 29)
*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 the written
order of the Court of Appeals. (Sec. 27)

Continuous Trial (Sec. 48)


In cases of terrorism or conspiracy to commit terrorism, the judge shall set the case for
continuous trial on a daily basis from Monday to Friday or other short-term trial
calendar so as to ensure speedy trial.

Special Effectivity Clause (Sec. 62)


 The publication in the newspapers of local circulation and the
announcements over local radio and television networks shall be done in
the dominant language of the community
 After the publication required above shall have been done, the Act shall
take effect two months after the elections are held in May 2007.
*Thereafter, the provisions of this Act shall be automatically suspended one month
before and two months as after the holding of any election
IV. Punishable Acts (besides terrorism & conspiracy to commit terrorism) :

Failure of Police or Law Enforcement Official to Immediately Notify (Sec. 10)


 That no case is filed within the 30-day period from the date of receipt of the
written order of the authorising division of the Court of Appeals; and
• That there is a Police or law enforcement official
• And he fails to immediately notify the person subject of the surveillance,
interception and recording of the termination of the said surveillance, interception
and recording

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Unlawful Custody of Intercepted and Recorded Communications (Sec. 11)


 Any person, police officer or any custodian of the tapes, discs and recording , and
their excerpts and summaries, written notes or memoranda
 Copies in whatever form, removes, deletes, expunges, incinerates, shreds or
destroys in any manner the items enumerated above in whole or in part under any
pretext whatsoever

Penalty: ≤ 6 yrs & 1 day - 12 yrs of imprisonment

Omission or Exclusion of Any Item from the Joint Affidavit (Sec. 12)
 Any person, police or law enforcement official
 Omits or excludes from the joint affidavit required under Section 12 of this Act
any item or portion thereof mentioned in said Section
**See Sec. 12 of the law for contents of Joint Affidavit

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Failure to Notify in Application to Open Deposited Sealed Envelop or Sealed


Package (Sec. 14)
 Any person, law enforcement official or judicial authority
 Violates his duty to notify as defined in Section 14 of this Act (i.e. written
application with notice to the party concerned to open the deposited sealed
envelope or sealed package)
**See Sec. 14 for contents of the written application)
Penalty: 6 yrs & 1 day - 8 yrs of imprisonment

Unauthorized or Malicious Interceptions and/or Recordings (Sec. 16)


 Any police or law enforcement personnel, who not being authorised to do so by
the authoriseng division of the CA
 Tracks down, taps, listens to, intercepts, and records in whatever manner or form
any communication, message, conversation, discussion, or spoken or written word
of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism
Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

*Perpetual absolute disqualification from public office shall also be imposed upon
any police or law enforcement personnel who maliciously obtained an authority
from the CA in addition to the penalty prescribed

Failure to Notify in Disposition of Deposited Materials (Sec. 13)


 Any police, law enforcement official or judicial authority
 Violates his duty to notify in writing the persons subject of the surveillance as
defined in Section 13 of this Act

Penalty: 6 yrs & 1 day - 8 yrs of imprisonment

Failure To Notify Judge in Detention without Judicial Warrant of Arrest (Sec. 18)
 Any Police or law enforcement personnel
 Fails to notify any judge as provided in Section 18 of the Act:

xxx ”Immediately after taking custody” xxx “shall notify in writing the judge of the
court nearest the place of apprehension or arrest or if the arrest is made during
Saturdays, Sundays, holidays or after office hours, the written notice shall be served at
the residence of the judge”

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Violation of the Rights of a Detainee (Sec. 22)


 Any person or law enforcement personnel, or any person of the police or other
law enforcement custodial unit
 Violates any of the aforesaid rights of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

*If the police or law enforcement personnel who violated the rights of a detainee or
eatainees as stated above is not duly identified, the same penalty shall be imposed
on the police officer or hear or leader of the law enforcement unit having
custody of the detainee at the time the violation was done.

Failure to Keep an Official Logbook (Sec. 23)


 That a police or other law enforcement custodial unit
 Fails to comply with the requirement of this Act to keep an official logbook
** See Sec. 23 for required contents of the official logbook

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment


Threat, Intimidation, Coercion or Torture in the Investigation and Interrogation of
a Detained Person (Sec. 25)
 That any person or persons
 Use(s) threat, intimidation, or coercion, or
 Inflict(s) physical pain or torment, or mental, moral, or psychological pressure,
which shall vitiate the free will of a charged or suspected person under
investigation and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism

Penalty: 12 yrs & 1 day - 20 yrs of imprisonment

Infidelity in the Custody of Detained Persons (Sec. 44)


 Any public officer who has direct custody of a detained person under the
provisions of this Act
 By his deliberate act, misconduct, or inexcusable negligence causes or allows the
escape of such detained person

Penalty: (a) 12 yrs & 1 day - 20 yrs of imprisonment, if the detained person has
already been convicted and sentenced in a final judgment of a competent court; and
(b) 6 yrs & 1 day - 12 yrs of imprisonment, if the detained person has not
been convicted and sentenced in a final judgment of a competent court

Omission or Exclusion of Any Item from the Join Affidavit re Bank Deposits (Sec.
32)
 Any person, police officer or custodian of the bank data and information obtained
after examination of deposits, placements, trust accounts, assets and records
 Copies, removes, deletes, expunges, incinerates, shreds or destroys in any manner
the items enumerated in this section in whole or in part under any pretext
whatsoever

Penalty: ≤ 6 yrs & 1 day - 12 yrs of imprisonment

Failure to Notify in Disposition of Bank Materials (Sec. 33)


 Any person, law enforcement official or judicial authority
 Violates his duty to notify in writing the party concerned not later than 3 days
before the opening and use of the sealed evidence defined in this section

Penalty: 6 yrs & 1 day - 8 yrs of imprisonment

Unauthorized or Malicious Examination of a Bank or a Financial Institution (Sec.


36)
 Any person, police or law enforcement personnel
 Examines the deposits, placements, trust accounts, assets, or records in a bank or
financial institution of: (1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared
and outlawed terrorist organization, association, or group of persons; or (3) a
member of such organization, association, or group of persons
o without being authorized to do so by the Court of Appeals; or
o authority was maliciously obtained from the CA

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Bank Officials and Employees Defying a Court Authorization (Sec. 37)


 Employee, official, or a member of the board of directors of a bank or financial
institution
 Refuses to allow the examination of the deposits, placements, trust accounts,
assets, and records of: (1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared
and outlawed organization, association, or group of persons; or (3) a member of
such judicially declared and outlawed organization, association, or group of
persons in said bank or financial institution, when duly served with the written
order of the authorizing division of the Court of Appeals

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

False or Untruthful Statement or Misrepresentation of Material Fact in Joint


Affidavits (Sec. 38)
 Affiants (law enforcement unit and its officials who subscribed to the joint
affidavit)
 Makes any false or untruthful statement, misrepresentation of material fact
in the joint affidavits required respectively in Section 12 and Section 32 of this Act

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Unjustiable Failure to Follow the Order of the Court (Sec. 39)


 Any person
 Unjustifiably refuses to follow the order of the proper division of the Court of
Appeals

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and


Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records (Sec. 42)
 Any person
 Unjustifiably refuses to restore
or
 Delays the restoration of seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records of a person suspected of or charged
with the crime of terrorism or conspiracy to commit terrorism
o After such suspected person has been found innocent by the investigating
body; or
o After the case against such charged person has been dismissed or
o After he is acquitted by a competent court

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank


Deposits, Placements, Trust Accounts, Assets and Records (Sec. 43)
 Any person
 Responsible for the loss, misuse, diversion or dissipation of the whole or any part
of the seized, sequestered and frozen bank deposits, placements, trust accounts,
assets and records of a person suspected of or charged with the crime of terrorism
or conspiracy to commit terrorism

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Unauthorized Revelation of Classified Materials (Sec. 46)


 Any person, police or law enforcement agent, judicial officer or civil servant
 Reveals in any manner or form any classified information under this Act while not
being authorized by the Court

Penalty: 10 yrs & 1 day - 12 yrs of imprisonment

Furnishing False Evidence, Forged Document, or Spurious Evidence (Sec. 47)


 Any person
 Knowingly furnishes false testimony, forged document or spurious evidence in
any investigation or hearing under this Act

Penalty: 12 yrs & 1 day - 20 yrs of imprisonment

Delay in the Release of Damages for Unproven Charge of Terrorism (Sec. 50)
 Any officer, employee, personnel, or person
 Delays the release or refuses to release the amounts awarded to the individual
acquitted of the crime of terrorism as directed in this section
o Damages in the amount of Five hundred thousand pesos (P500,000.00)
for every day that he or she has been detained or deprived of liberty or
arrested without a warrant as a result of such an accusation
o Released within fifteen (15) days from the date of the acquittal of the
accused

Penalty: 12 yrs & 1 day - 20 yrs of imprisonment


V. Proposed Bills & Resolutions in Relation to RA 9372
 House Resolution 004 introduced by Magdalo Rep Gary C. Alejano
 A Resolution of Both Houses of Congress Proposing to Immediately
Convene the Joint Oversight Committee on the HSA of 2007 in Order to
Review & Asses the Implementation of RA 9372 to Effectively Provide
Better Security & Protection for our People from Acts of Terrorism
 House Bill 7141 introduced by Introduced by Rep. Amado T. Espino, Jr.
 A bill seeking to amend RA 9372 to change its short title to “Prevention of
Terrorism Act of 2018”
 Recognizes that the HSA merely provides for remedies after the act of
terrorism has been committed , so it seeks to add more punishable offenses
(i.e. proposal to commit terrorism, incitement to commit terrorism,
recruitment to terrorist organizations, providing material support to
terrorists, and glorification of terrorism)

VI. Relevant Law


 RA 10168: The Terrorism Financing Prevention and Suppression Act of 2012
 An act defining the crime of financing of terrorism and providing penalties
therefore
 Punishable Acts:
1) Financing of Terrorism (Sec. 4)
2) Attempt or Conspiracy to Commit the Crimes of Financing of
Terrorism and Dealing with Property or Funds of Designated
Persons (Sec. 5)
* Designated persons refer to:
(1) any person or entity designated and/or identified as a terrorist,
one who finances terrorism, or a terrorist organization or group
under the applicable United Nations Security Council Resolution or
by another jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of persons proscribed
pursuant to Section 17 of the Human Security Act of 2007; or
(3) any person, organization, association, or group of persons whose
funds or property, based on probable cause are subject to seizure
and sequestration under Section 39 of the Human Security Act of
2007.