Comments on Senate Bill No.

1083 – RLT v 2

Provision Comments
Sec. 3 (g) Proposal to Commit Terrorism is committed when Proposal is previously not penalized under the Human
a person who has decided to commit any of the crimes Security Act of 2007 (HSA).
defined and penalized under the provisions of this Act
proposes its execution to some other person or persons.

Sec. 8. Proposal to Commit Terrorism. - Any person who

proposes to commit terrorism as defined in Section 4
hereof shall suffer the penalty of imprisonment of twelve
(12) years.
Sec. 3 (i) Surveillance Activities shall refer to the act of “Tracking down” now includes tracking of individuals; in
tracking down, following, or investigating individuals or the HSA, surveillance activities are contained to tracking
organizations; or the tapping, listening, intercepting, and down of communications.
recording of messages, conversations, discussions,
spoken or written words, including computer and network
surveillance, and other communications of individuals
engaged in terrorism as defined hereunder;
Sec. 3 (k) Training shall refer to the giving of instruction “Training” is a new phrase that appears in this bill. Can
or teaching designed to impart a specific skill in relation be possibly used to crack down on legitimate organizations
to terrorism as defined hereunder, as opposed to general that provide educational discussions.
knowledge;
Sec. 4. Terrorism. - Subject to Section 49 of this Act, Arguably, these acts are already punished under the
terrorism is committed by any person who within or Revised Penal Code (e.g. Crimes Against Persons or
outside the Philippines, regardless of the stage of Crimes Against Property).
execution;

(a) Engages in acts intended to cause death or serious

bodily injury to any person, or endangers a person’s life;
(b) Engages in acts intended to cause extensive damage or
destruction to a government or public facility, public place
or private property:

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Comments on Senate Bill No. 1083 – RLT v 2

(c) Engages in acts intended to cause extensive

interference with, damage or destruction to critical
infrastructure;
Sec. 5. Threat to Commit Terrorism. - Any person who Provision is vague as to what constitutes a threat to
shall threaten to commit any of the acts mentioned in commit terrorism. It could give rise to various
Section 4 hereof shall suffer the penalty of imprisonment interpretations that may include a wide range of acts.
of twelve (12) years.
Sec. 6. Planning, Training, Preparing, and Facilitating Preparatory acts like planning, training, preparing, and
the Commission of Terrorism. - It shall be unlawful for facilitating are now penalized. Previously no mention of
any person to participate in the planning, training, such acts in the HSA.
preparation and facilitation in the commission of
terrorism, possessing objects connected with the Even mere possession of objects or documents deemed
preparation for the commission of terrorism, or collecting connected to acts of terrorism are punishable.
or making documents connected with the preparation of
terrorism. Any person found guilty of the provisions of this The penalty for violation of this provision is life
Act shall suffer the penalty of life imprisonment without imprisonment without benefit of parole or GCTA.
the benefit of parole and the benefits of Republic Act No.
10592.
Sec. 9. Inciting to Commit Terrorism. - Any person Potentially produces a chilling effect on or violates the
who, without taking any direct part in the commission of freedom of expression.
terrorism, shall incite others to the execution of any of the
acts specified in Section 4 hereof by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end, shall suffer the
penalty of imprisonment of twelve (12) years.
Sec. 10. Recruitment to and Membership in a Terrorist Prone to abuse if the definition of “terrorist organization”
Organization. - Any person who shall recruit another to is vague. Potentially infringes freedom of association and
participate in, join, commit or support any terrorism or a freedom of expression. Even acts of “support” without
terrorist individual or any terrorist organization, being a member are penalized.
association or group of persons proscribed under Section
26 of this Act, or designated by the United Nations

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Comments on Senate Bill No. 1083 – RLT v 2

Security Council as a terrorist organization, or organized The penalty for violation of this provision is life
for the purpose of engaging in terrorism, shall suffer the imprisonment without benefit of parole or GCTA.
penalty of life imprisonment without the benefit of parole
and the benefits of Republic Act No. 10592.
Sec. 16. Surveillance of Suspects and Interception and Compared to Sec. 7 of the HSA, this provision expands the
Recording of Communications. - The provisions of list of persons who may be the subject of surveillance or
Republic Act No. 4200, otherwise known as the "Anti-Wire wiretapping.
Tapping Law” to the contrary notwithstanding, law
enforcement agent or military personnel may, upon a Persons who are merely “suspected” of committing acts of
written order of the Court of Appeals secretly wiretap, terrorism may be surveilled upon.
overhear and listen to, intercept, screen, read, surveil,
record or collect, with the use of any mode, form, kind or This provision should be the subject of strict scrutiny as
type of electronic, mechanical or other equipment or it also affects the right to privacy of individuals. (see Ople
device or technology now known or may hereafter be vs. Torres)
known to science or with the use of any other suitable
ways and means for the above purposes, any private
communications, conversation, discussion/s, data,
information, messages in whatever form, kind or nature,
spoken or written words (a) between members of a
judicially declared and outlawed terrorist organization, as
provided in Section 26 of this Act; (b) between members of
a designated person as defined in Section 3 (E) of Republic
Act No. 10168; or (c) any person charged with or suspected
of committing any of the crimes defined and penalized
under the provisions of this Act; Provided, That,
surveillance, interception and recording of
communications between lawyers and clients, doctors and
patients, journalists and their sources and confidential
business correspondence shall not be authorized.

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Comments on Senate Bill No. 1083 – RLT v 2

The law enforcement agent or military personnel shall

likewise be obligated to (1) file an ex-parte application with
the Court of Appeals for the issuance of an order, to
compel telecommunications service providers (TSP) and
internet service providers (ISP) to produce all customer
information and identification records as well as call and
text data records, content and other cellular or internet
metadata of any person suspected of any of the crimes
defined and penalized under the provisions of this Act; and
(2) furnish the National Telecommunications Commission
(NTC) a copy of said application. The NTC shall likewise be
notified upon the issuance of the order for the purpose of
ensuring immediate compliance.
Sec. 19. Effective Period of Judicial Authorization. Compared to the HSA, which provides that the judicial
Any authorization granted by the Court of Appeals, authorization for surveillance activities shall not exceed a
pursuant to Section 17 of this Act, shall only be effective period of 30 days; the bill provides a period of 60 days.
for the length of time specified in the written order of the
authorizing division of the Court of Appeals which shall
not exceed a period of sixty (60) days from the date of
receipt of the written order by the applicant law
enforcement agent or military personnel.
Sec. 24. Unauthorized or Malicious Interceptions Penalty for unauthorized or malicious interceptions
and/or Recordings. - Any law enforcement agent or and/or recordings committed by State agents is reduced
military personnel who conducts surveillance activities from 10 years and one day to 12 years in the HSA to 10
without a valid judicial authorization pursuant to Section years.
17 of this Act shall be guilty of this offense and shall suffer
the penalty of imprisonment of ten (10) years. All
information that have been maliciously procured should
be made available to the aggrieved party.
Sec. 26. Proscription of Terrorist Organizations, Venue change from the Regional Trial Court in the HSA to
Association, or Group of Persons. - Any group of the Court of Appeals in this bill. The bill also adds a

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Comments on Senate Bill No. 1083 – RLT v 2

persons, organization, or association, which commits any
of the acts defined and penalized under Sections 4, 5, 6,
7, 8, 9, 10, 11 and 12 of this Act, or organized for the
purpose of engaging in terrorism shall, upon application
of the DOJ before the authorizing division of the Court of
Appeals with due notice and opportunity to be heard given
to the group of persons, organization or association, be
declared as a terrorist and outlawed group of persons,
organization or association, by the said Court.
further qualification that no application for proscription
shall be filed without the authority of the ATC upon
recommendation of the NICA.
The bill also provides for a preliminary order of
proscription, previously not present in the HSA. It
functions as a swift order of proscription from the court
(made within 72 hours of the filing of the application for
proscription).

The application shall be filed with an urgent prayer for the

issuance of a preliminary order of proscription. No
application for proscription shall be filed without the
authority of the ATC upon the recommendation of the
National Intelligence Coordinating Agency (NICA).

Sec. 27. Preliminary Order of Proscription. - Where the

Court has determined that probable cause exists on the
basis of the verified application which is sufficient in form
and substance, that the issuance of an order of
proscription is necessary to prevent the commission of
terrorism, he/she shall, within seventy-two (72) hours
from the filing of the application, issue a preliminary order
of proscription declaring that the respondent is a terrorist
and an outlawed organization or association within the
meaning of Section 26 of this Act. x x x
Sec. 30. Rights of a Person under Custodial Detention. Republic Act No. 7438 already provides for the rights of
x x x he shall forthwith be informed, by the arresting law persons under custodial investigation. However, unlike RA
enforcement agent or military personnel by the law 7438, there is no mention of a custodial investigation
enforcement agent or military personnel to whose custody report that has to be made in writing. Additionally, the list
the person concerned is brought, of his or her right: (a) to of persons who can have access to the detainee is limited

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Comments on Senate Bill No. 1083 – RLT v 2

be informed of the nature and cause of his arrest, to compared to RA 7438, which includes religious ministers
remain silent and to have competent and independent and members of accredited national or international
counsel preferably of his choice. If the person cannot NGOs.
afford the services of counsel of his or her choice, the law
enforcement agent or military personnel concerned shall
immediately contact the free legal assistance unit of the
Integrated Bar of the Philippines (IBP) or the 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 his/her counsel
of choice; (b) informed of the cause or causes of his/her
detention in the presence of his legal counsel; (c) allowed
to communicate freely with his/her legal counsel and to
confer with them at any time without restriction; (d)
allowed to communicate freely and privately without
restrictions with the members of his/her family or with
his/her nearest relatives and to be visited by them; and,
(e) allowed freely to avail of the service of a physician or
physicians of choice.
Sec. 29. Detention Without Judicial Warrant of Arrest. Period within which delivery of person in custody to
- The provisions of Article 125 of the Revised Penal Code authorities must be made is expanded from 3 days in the
to the contrary notwithstanding, any law enforcement HSA to 14 days.
agent or military personnel, who, having been duly
authorized in writing by the ATC has taken custody of a Penalty for violations of the duty to notify a judge is
person suspected of committing any of the acts defined reduced from 10 years and one day to 12 years in the
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and HSA to 10 years.
12 of this Act, shall, without incurring any criminal
liability for delay in the delivery of detained persons to the “The law enforcement agent or military personnel shall
proper judicial authorities, deliver said suspected person likewise furnish the ATC and the Commission on Human

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Comments on Senate Bill No. 1083 – RLT v 2

to the proper judicial authority within a period of fourteen Rights (CHR) of the written notice given to the judge” is an
(14) calendar days counted from the moment the said additional requirement.
suspected person has been apprehended or arrested,
detained, and taken into custody by the law enforcement
agent or military personnel. The period of detention may
be extended to a maximum period of ten (10) calendar
days if it is established that (1) further detention of the
person/s is necessary to preserve evidence related to the
terrorism or complete the investigation; (2) further
detention of the person/s is necessary to prevent the
commission of another terrorism; and (3) the investigation
is being conducted properly and without delay.

Immediately after taking custody of a person suspected of

committing terrorism or any member of a group of
persons, organization or association proscribed under
Section 26 hereof, the law enforcement agent or military
personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest of the following
facts: (a) the time, date, and manner of arrest; (b) the
location or locations of the detained suspect/s and (c) the
physical and mental condition of the detained suspect/s.
The law enforcement agent or military personnel shall
likewise furnish the ATC and the Commission on Human
Rights (CHR) of the written notice given to the judge.

The head of the detaining facility shall ensure that the

detained suspect is informed of his/her rights as a
detainee and shall ensure access to the detainee by
his/her counsel or agencies and entities authorized by law
to exercise visitorial powers over detention facilities.

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The penalty of imprisonment of ten (10) years shall be

imposed upon the police or law enforcement agent or
military personnel who fails to notify any judge as
provided in the preceding paragraph.
Sec. 31. Violation of the Rights of a Detainee. - The Penalty for violations of the rights of a detainee is reduced
penalty of imprisonment of ten (10) years shall be imposed from 10 years and one day to 12 years in the HSA to 10
upon any law enforcement agent or military personnel years.
who has violated the rights of persons under then-
custody, as provided for in Sections 29 and 30 of this Act.
xxx
Sec. 34. Restriction on the Right to Travel. - Prior to New paragraphs on the restriction on the right to travel.
the filing of an information for any violation of Sections 4, Restrictions can now be imposed even against those who
5, 6, 7, 8, 9, 10, 11 and 12 of this Act, the investigating are not yet formally charged with any of the included
prosecutor shall apply for the issuance of a precautionary crimes/prior to the filing of an information.
hold departure order (PHDO) against the respondent upon
a preliminary determination of probable cause in the
proper Regional Trial Court.

Upon the filing of the information regarding the

commission of any acts defined and penalized under the
provisions of this Act, the prosecutor shall apply with the
court having jurisdiction for the issuance of a hold
departure order (HDO) against the accused. The said
application shall be accompanied by the complaint-
affidavit and its attachments, personal details, passport
number, and a photograph of the accused, if available. x
xx
Sec. 42. Infidelity in the Custody of Detained Persons. Penalty for commission of infidelity in the custody of
— Any public officer who has direct custody of a detained detained persons is now 10 years of imprisonment.
person under the provisions of this Act and, who, by his Compare with the relevant provision of the HSA:
deliberate act, misconduct or inexcusable negligence,

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Comments on Senate Bill No. 1083 – RLT v 2

causes or allows the escape of such detained person shall “Any public officer who has direct custody of a detained
be guilty of an offense and shall suffer the penalty of ten person or under the provisions of this Act and who by his
(10) years of imprisonment. deliberate act, misconduct, or inexcusable negligence
causes or allows the escape of such detained person shall
be guilty of an offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20) years of
imprisonment, if the detained person has already been
convicted and sentenced in a final judgment of a competent
court; and (b) six years and one day to twelve (12) years
of imprisonment, if the detained person has not been
convicted and sentenced in a final judgment of a competent
court.”
Sec. 43. Penalty for Furnishing False Evidence, Forged Penalty for furnishing false evidence is reduced from
Document, or Spurious Evidence. - The penalty of twelve (12) years and one day to twenty (20) years in
imprisonment of six (6) years shall be imposed upon any the HSA to 6 years.
person who knowingly furnishes false testimony, forged
document or spurious evidence in any investigation or
hearing conducted in relation to any violations under this
Act.
Sec. 45. Anti-Terrorism Council. - An Anti-Terrorism New composition of the ATC: instead of the SOJ as Vice
Council (ATQ is hereby created. The members of the ATC Chair, it is now the National Security Adviser who
are; (1) the Executive Secretary, who shall be its occupies that position.
Chairperson: (2) the National Security Adviser who shall
be its Vice Chairperson; and (3) the Secretary of Foreign Additional members include: DICT Secretary, ED of the
Affairs; (4) the Secretary of National Defense; (6) the AMLC.
Secretary of the Interior and Local Government; (6) the
Secretary of Finance; (7) the Secretary of Justice; (8) the
Secretary of Information and Communications
Technology; and (9) the Executive Director of the Anti-
Money Laundering Council (AMLC) Secretariat as its other
members.

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Sec. 47. Commission on Human Rights (CHR). - The
CHR 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.
Deletes the additional power granted by Sec. 55 of the HSA
to the CHR, namely that “the Commission shall have the
concurrent jurisdiction to prosecute public officials, law
enforcers, and other persons who may have violated the
civil and political rights of persons suspected of, or detained
for the crime of terrorism or conspiracy to commit terrorism.”

This reduces the power of the CHR to safeguard against

possible violations.

• Section 50 of HSA (Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is accused
of terrorism shall be entitled to the payment of 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. The amount of damages shall be automatically charged against the appropriations of the police
agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall
also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative
charges against those responsible for charging him with the case of terrorism. x x x) has been deleted.

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