ELEMENTS

(Section in RA 9372; WHAT THE CURRENT LEGISLATION PROVIDES WHAT THE PROPOSED LEGISLATION PROVIDES SIGNIFICANT DIFFERENCES
Section in HB 6875 (RA 9372, as amended) (House Bill 6875 and Senate Bill 1083) AND POTENTIAL ISSUES
and SB 1083)
Title “Human Security Act of 2007” “The Anti-Terrorism Act of 2020” Only a change of title

(Section 1; Section 1)
Declaration of Policy It is declared a policy of the State to protect life, liberty,
and property from acts of terrorism, to condemn
(2; 2) 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.
It is a declared policy of the State to protect life, liberty, None, except for the highlighted
and property from terrorism, to condemn terrorism as words
inimical and dangerous to the national security of the
country and to the welfare of the people, and to make
any terrorism a crime against the Filipino people, against
humanity, and against the law of nations.

In the implementation of the policy stated above, the In the implementation of the policy stated above, the
State shall uphold the basic rights and fundamental State shall uphold the basic rights and fundamental
liberties of the people as enshrined in the Constitution. liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism
requires a comprehensive approach, comprising
political, economic, diplomatic, military, and legal means
duly taking into account the root causes of terrorism
without acknowledging these as justifications for terrorist
and/or criminal activities. Such measures shall include
conflict management and post-conflict peace-building,
addressing the roots of conflict by building state
capacity and promoting equitable economic
development.
The State recognizes that the fight against terrorism
requires a comprehensive approach, comprising
political, economic, diplomatic, military, and legal means
duly taking into account the root cause of terrorism
without acknowledging these as justifications for terrorist
and/or criminal activities. Such measures shall include
conflict management and post-conflict peacebuilding,
addressing the roots of conflict by building state
capacity and promoting equitable economic
development.

Nothing in this Act shall be interpreted as a curtailment,

Nothing in this Act shall be interpreted as a curtailment,
restriction or diminution of constitutionally recognized
restriction or diminution of constitutionally recognized
powers of the executive branch of the government. It is
powers of the executive branch of the government. It is
to be understood, however that the exercise of the to be understood, however, that the exercise of the
constitutionally recognized powers of the executive constitutionally recognized powers of the executive
department of the government shall not prejudice department of the government shall not prejudice
respect for human rights which shall be absolute andrespect for human rights which shall be absolute and
protected at all times. protected at all times.
Definition of terms None (a) Critical infrastructure The proposed legislation
(b) Designated person introduced new concepts
(None; 3) (c) Extraordinary rendition related to terrorism.
(d) International organization
(e) Material support
(f) Proliferation of weapons of mass destruction
(g) Proposal to commit terrorism
(h) Recruit
(i) Surveillance activities
(j) Supranational jurisdiction
(k) Training
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Terrorism Any person who commits an act punishable under any of Subject to extraterritorial application, terrorism is
the following provisions of the Revised Penal Code:
(3; 4) (a) Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
(b) Article 134 (Rebellion or Insurrection);
(c) Article 134-a (Coup d’ Etat), including acts
committed by private persons;
(d) Article 248 (Murder);
(e) Article 267 (Kidnapping and Serious Illegal
Detention);
(f) Article 324 (Crimes Involving Destruction), or under:
(1) PD 1613 (The Law on Arson);
(2) RA 6969 (Toxic Substances and Hazardous and (d) Develops, manufactures, possesses, acquires,
Nuclear Waste Control Act of 1990);
(3) RA 5207 (Atomic Energy Regulatory and
Liability Act of 1968);
(4) RA 6235 (Anti-Hijacking Law);
(5) PD 532 (Anti-Piracy and Anti-Highway Robbery
Law of 1974); and
(6) PD 1866 (Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives
thereby sowing and creating a condition of
widespread and extraordinary fear and panic among destroy the fundamental political, economic, or social
the populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of 40
years of imprisonment, without the benefit of parole.
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(l) Terrorist individual
(m) Terrorist organization, association, or group of
persons
(n) Weapons of mass destruction (WMD)
The penalty for committing
committed by any person who within or outside the terrorism was changed from 40
Philippines, regardless of execution: years of imprisonment to life
(a) Engages in acts intended to cause death or serious imprisonment.
bodily injury to any person, or endangers a person’s
life; The benefits of RA 10592 (Good
(b) Engages in acts intended to cause extensive Conduct Time Allowance Law)
damage or destruction to a government or public will not be available to those
facility, public place, or private property; found guilty of committing
(c) Engages in acts intended to cause extensive terrorism under the proposed
interference with, damage or destruction to critical legislation.
infrastructure;
While RA 9372 centers on acts
transports, supplies or uses weapons, explosives or of terrorism that aims to coerce
of biological, nuclear, radiological or chemical the government to give in to an
weapons; and unlawful demand, the proposed
(e) Release of dangerous substances, or causing fire, legislation expanded the context
floods or explosions to include to:
(1) To intimidate the general
when the purpose of such act, by its nature and public or a segment
context is to intimidate the general public or a thereof,
segment thereof, create an atmosphere or spread a (2) Create an atmosphere or
message of fear, to provoke or influence by spread a message of fear,
intimidation the government or any of its (3) Provoke or influence by
international organization, or seriously destabilize or intimidation the government
or any of its international
structures of the country, or create a public organization,
emergency or seriously undermine public safety, shall (4) Seriously destabilize or
be guilty of committing terrorism and shall suffer the destroy the fundamental
penalty of life imprisonment without the benefit of political, economic, or
parole and the benefits of RA 10592, provided that, social structures of the
terrorism as defined shall not include advocacy, country, or
protest, dissent, stoppage of work, industrial or mass (5) Create a public emergency
action, and other similar exercises of civil and or seriously undermine
political rights, which are not intended to cause death public safety.
or serious physical harm to a person, to endanger a
person’s life, or to create a serious risk to public
The concept of terrorism does
safety. not include advocacy, protest,
dissent, stoppage of work,
industrial or mass action, and
other similar exercises of civil
and political rights, which are
not intended to cause death or
serious physical harm to a
 person, to endanger a person’s
life, or to create a serious risk to
public safety.
Threat to commit None Any person who shall threaten to commit any of the acts New crime
terrorism of terrorism shall suffer the penalty of imprisonment of
12 years.
(None; 5)
Planning, training, None It shall be unlawful for any person to participate in the New crime
preparing, and planning, training, preparation, and facilitation in the
facilitating the commission of terrorism, possessing objects connected
commission of with the preparation for the commission of terrorism, or
terrorism collecting or making documents connected with the
preparation of terrorism. Any person found guilty shall
(None; 6) suffer the penalty of life imprisonment without the benefit
of parole.
Conspiracy to commit Persons who conspire to commit the crime of terrorism Any conspiracy to commit terrorism as defined and The penalty for conspiracy was
terrorism shall suffer the penalty of forty (40) years of penalized shall be penalized by life imprisonment changed from 40 years to life
imprisonment. without the benefit of parole. imprisonment without the
(4; 7) benefit of parole.
There is conspiracy when two or more persons come to There is conspiracy when 2 or more persons come to an
an agreement concerning the commission of the crime agreement concerning the commission of terrorism as
of terrorism as defined in Section 3 hereof and decide to defined and decide to commit the same.
commit the same.
Accomplice Any person who, not being a principal under Article 17 None Not reproduced in the proposed
of the Revised Penal Code or a conspirator as defined in legislation, but may fall or be
(5; None) Section 4 hereof, cooperates in the execution of either covered under planning,
the crime of terrorism or conspiracy to commit terrorism training, preparing, and
by previous or simultaneous acts shall suffer the penalty facilitating the commission of
of from seventeen (17) years, four months one day to terrorism
twenty (20) years of imprisonment.
Proposal to commit None Any person who proposes to commit terrorism as New crime
terrorism defined shall suffer the penalty of imprisonment of 12
years.
(None; 8)
Inciting to commit None Any person who, without taking any direct part in the New crime
terrorism commission of terrorism, shall incite the others to the
execution of any of the acts specified by means of
(None; 9) speeches, proclamations, writings, emblems, banners, or
other representations tending to the same end, shall
suffer the penalty of imprisonment of 12 years.
Recruitment to and None Any person who shall recruit another to participate in, New crime
membership in a join, commit or support any terrorism or a terrorist
terrorist organization individual or any terrorist organization, association or
group of persons proscribed under Section 26, or
(None; 10) designated by the UN Security Council as a terrorist
organization, or organized for the purpose of engaging in
terrorism, shall suffer the penalty of life imprisonment

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 without the benefit of parole and the benefits of RA
10592.

The same penalty shall be imposed on any person who

organizes the travel of individuals to a state other than
their state of residence or nationality for the purpose of
recruitment which may be committed through any of the
following means:
(a) Recruiting another person to serve in any capacity in
or with an armed force in a foreign state, whether
the armed force forms part of the armed forces of
the government of that foreign state or otherwise;
(b) Publishing an advertisement or propaganda for the
purpose of recruiting persons to serve in any
capacity in or with such an armed force;
(c) Publishing an advertisement or propaganda
containing any information relating to the place at
which or the manner in which persons may make
applications to serve or obtain information relating to
service in any capacity in or with such armed force
or relating to the manner in which persons may
travel to a foreign state for the purpose of serving in
any capacity in or with such armed force; or
(d) Performing any other act with the intention of
facilitating or promoting the recruitment of persons
to serve in any capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any

organization, association or group of persons knowing
that such organization, association or group of persons
is proscribed or designated by the UN Security Council
as a terrorist organization, or organized for the purpose
of engaging in terrorism, shall suffer the penalty of
imprisonment of 12 years.
Foreign terrorist None The following acts are unlawful and shall be punished New crime
with the penalty of life imprisonment without the benefit
(None; 11) of parole and the benefits of RA 10592:
(a) For any person to travel or attempt to travel to a
state other than his/her state of residence or
nationality, for the purpose of perpetrating, planning,
or preparing for, or participating in terrorism, or
providing or receiving terrorist training;
(b) For any person to organize or facilitate the travel of
individuals who travel to a state other than their
states of residence or nationality knowing that such
travel is for the purpose of perpetrating, planning,
training, or preparing for, or participating in terrorism
or providing or receiving terrorist training; or
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Providing material None
support to terrorists
(None; 12)
Humanitarian None
exemption
(None; 13)
Accessory Any person who, having knowledge of the commission
of the crime of terrorism or conspiracy to commit
(6; 14) 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:
(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, in order to
prevent its discovery;
(c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the crime,
shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
Notwithstanding the above paragraph, 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
provisions of subparagraph (a).
Penalty for public None If the offender found guilty of any of the acts defined and Provides additional liability for
official penalized under the Act is a public official or employee,
he/she shall be charged with the administrative offense
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(c) For any person residing abroad who comes to the
Philippines to participate in perpetrating, planning,
training, or preparing for, or participating in terrorism
or provide support for or facilitate or receive terrorist
training here and abroad.
Any person who provides material support to any New crime
terrorist individual or terrorist organization, association
or group of persons committing any of the acts of
terrorism, or knowing that such individual or
organization, association, or group of persons is
committing or planning to commit such acts, shall be
liable as principal to any and all terrorist activities
committed by said individuals or organizations, in
addition to other criminal liabilities he/she or they may
have incurred in relation thereto,
Humanitarian activities undertaken by the International Provides exemption to those
Committee of the Red Cross, the Philippine Red Cross, who may provide material
and other state-recognized impartial humanitarian support to terrorists
partners or organizations in conformity with the
International Humanitarian Law, do not fall within the
scope of providing material support to terrorists.
Any person who, having knowledge of the commission The penalty was changed to 12
of any of the crimes defined and penalized under years.
Section 4, without having participated therein, takes part
subsequent to its commission in any of the following Relationship or affinity no longer
manner: exempts an accessory from
(a) by profiting himself or assisting the offender to liability.
profit by the effects of the crime;
(b) by concealing or destroying the body of the crime,
or the effects, or instruments thereof, in order to
prevent its discovery; or
(c) by harboring, concealing, or assisting in the escape
of the principal or conspirator of the crimes,
shall be liable as an accessory and shall suffer the
penalty of imprisonment of 12 years.
No person, regardless of relationship or affinity, shall
be exempt from liability under this section.
public officials guilty of any act
of terrorism
(None; 15)
Surveillance of The provisions of Republic Act No. 4200 (Anti-Wire
suspects and Tapping Law) to the contrary notwithstanding, a police
interception and or law enforcement official and the members of his team
recording of may, upon a written order of the Court of Appeals, listen
communications to, intercept and record, with the use of any mode, form,
kind or type of electronic or other surveillance
(7; 16) 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 or of any
person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
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.
Formal application for The written order of the authorizing division of the Court The authorizing division of the Court of Appeals shall The proposed legislation no
judicial authorization of Appeals to track down, tap, listen to, intercept, and
record communications, messages, conversations,
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of grave misconduct and/or disloyalty to the Republic of
the Philippines and the Filipino people, and be meted
with the penalty of dismissal from service, with the
accessory penalties of cancellation of civil service
eligibility, forfeiture of retirement benefits and perpetual
absolute disqualification from running from any elective
office or holding any public office.
The provisions of RA 4200 to the contrary Procedure needed to be
notwithstanding, law enforcement agent or military undertaken to secure a court
personnel may, upon a written order of the Court of order authorizing surveillance
Appeals secretly wiretap, overhear and listen to, requires notice and
intercept, screen, read, surveil, record or collect, with coordination with NTC if it
the use of any mode, form, kind or type of electronic, involves telecommunications
mechanical or other equipment or device or and internet service providers.
technology now known or may hereafter be 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; (b) between members of a designated
person as defined in Section 3(E) of RA 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.
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 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.
issue a written order to conduct the acts mentioned in longer requires that the grant of
Section 16 upon: judicial authorization be given
(8; 17) discussions, or spoken or written words of any person (1) Filing of an ex parte written application by a law after convincing the court that
suspected of the crime of terrorism or the crime of enforcement agent or military personnel, who has there are no other effective
conspiracy to commit terrorism shall only be granted by been authorized in writing by the Anti-Terrorism means readily available for
the authorizing division of the Court of Appeals upon an Council (ATC); and acquiring evidence against any
ex parte written application of a police or of a law (2) After examination under oath or affirmation of the charged or suspected person.
enforcement official who has been duly authorized in applicant and the witnesses he may produce, the
writing by the Anti-Terrorism Council created in Section issuing court determines:
53 of this Act to file such ex parte application, and upon (a) That there is probable cause to believe based
examination under oath or affirmation of the applicant on personal knowledge of facts and
and the witnesses he may produce to establish: circumstances that the crimes defined and
(a) that there is probable cause to believe based on penalized under Sections 4 to 12 has been
personal knowledge of facts or circumstances that committed, or is being committed, or is about to
the said crime of terrorism or conspiracy to commit be committed; and
terrorism has been committed, or is being (b) That there is probable cause to believe based
committed, or is about to be committed; on personal knowledge of facts or
(b) that there is probable cause to believe based on circumstances that evidence, which is essential
personal knowledge of facts or circumstances that to the conviction of any charged or suspected
evidence, which is essential to the conviction of any person for, or to the solution or prevention of,
charged or suspected person for, or to the solution any such crimes, will be obtained.
or prevention of, any such crimes, will be obtained;
and,
(c) that there is no other effective means readily
available for acquiring such evidence.
Classification and The written order granted by the authorizing division of The written order granted by the authorizing division of The person subject of the
contents of the order the Court of Appeals as well as its order, if any, to the Court of Appeals as well as the application for such written order loses the right to
of the court extend or renew the same, the original application of the order, shall be deemed and are hereby declared as be informed of the acts done by
applicant, including his application to extend or renew, if classified information. Being classified information, the law enforcement agencies
(9; 18) any, and the written authorizations of the Anti-Terrorism access to the said documents and any information sufficient to challenge the
Council shall be deemed and are hereby declared as contained in the said documents shall be limited to the legality of such interference.
classified information: Provided, That the person being applicants, duly authorized personnel of the ATC, the
surveilled or whose communications, letters, papers, hearing justices, the clerk of court and duly authorized
messages, conversations, discussions, spoken or personnel of the hearing or issuing court. The written
written words and effects have been monitored, order of the authorizing division of the Court of Appeals
listened to, bugged or recorded by law enforcement shall specify the following:
authorities has the right to be informed of the acts (e) the identity, such as name and address, if known, of
done by the law enforcement authorities in the the person or persons whose communications,
premises or to challenge, if he or she intends to do messages, conversations, discussions, or spoken or
so, the legality of the interference before the Court of written words are to be tracked down, tapped,
Appeals which issued the written order. The written listened to, intercepted, and recorded; and, in the
order of the authorizing division of the Court of Appeals case of radio, electronic, or telephonic (whether
shall specify the following: wireless or otherwise) communications, messages,
(a) the identity, such as name and address, if known, conversations, discussions, or spoken or written
of the charged or suspected person whose words, the electronic transmission systems or the
communications, messages, conversations, telephone numbers to be tracked down, tapped,
discussions, or spoken or written words are to be listened to, intercepted, and recorded and their
tracked down, tapped, listened to, intercepted, and locations or if the person or persons suspected of
recorded and, in the case of radio, electronic, or committing any of the crimes defined and penalized
telephonic (whether wireless or otherwise) under the provisions of this Act are not fully known,
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 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;
(b) 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;
(c) the offense or offenses committed, or being
committed, or sought to be prevented; and,
(d) the length of time within which the authorization
shall be used or carried out.
Effective period of Any authorization granted by the authorizing division of
judicial authorization the Court of Appeals, pursuant to Section 9(d) of this
Act, shall only be effective for the length of time
(10; 19) specified in the written order of the authorizing division
of the Court of Appeals, which shall not exceed a period
of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals
by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may
extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30)
days from the expiration of the original period: Provided,
That 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 ex parte
application for extension or renewal, which must be filed
by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is renewal, the one next in rank to the original applicant
physically disabled to file the application for extension or among the members of the team named in the original
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
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 8
such person or persons shall be the subject of
continuous surveillance;
(f) the identity of the law enforcement agent or military
personnel, including the individual identity of the
members of his team, judicially authorized to
undertake surveillance activities;
(g) the offense or offenses committed, or being
committed, or sought to be prevented; and,
(h) the length of time within which the authorization
shall be used or carried out.
Any authorization granted by the Court of Appeals, The person subjected to
pursuant to Section 17, shall only be effective for the interference no longer has the
length of time specified in the written order of the right to be informed if no case
authorizing division of the Court of Appeals which shall was filed against him or her for
not exceed a period of sixty (60) days from the date of any violation of the Act.
receipt of the written order by the applicant law
enforcement agent or military personnel. The applicant law enforcement
agency is required to inform the
The authorizing division of the Court of Appeals may issuing court if an appropriate
extend or renew the said authorization to a non- case was filed against the
extendible period, which shall not exceed thirty (30) person subject of surveillance,
days from the expiration of the original period: Provided, interception, or recording of
That the issuing court is satisfied that such extension or communications.
renewal is in the public interest: and Provided, further,
That the ex parte application for extension or renewal,
which must be filed by the original applicant, has been
duly authorized in writing by the ATC.
In case of death of the original applicant or in case he is
physically disabled to file the application for extension or
written order shall file the application for extension or
renewal: Provided, finally, That, the applicant law
enforcement agent or military personnel shall have
 Appeals shall file the application for extension or
renewal: Provided, That, without prejudice to the liability
of the police or law enforcement personnel under
Section 20 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of
Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (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. The penalty of ten (10) years and one day
to twelve (12) years of imprisonment shall be
imposed upon the applicant police or law
enforcement official who fails to notify the person
subject of the surveillance, monitoring, interception
and recording as specified above.
Custody of intercepted All tapes, discs, and recordings made pursuant to the
and recorded authorization of the authorizing division of the Court of
communications Appeals, including all excerpts and summaries thereof
as well as all written notes or memoranda made in
(11; 20) connection therewith, shall, within forty-eight (48) hours
after the expiration of the period fixed in the written
order of the authorizing division of the Court of Appeals
or within forty-eight (48) hours after the expiration of any
extension or renewal granted by the authorizing division
of the Court of Appeals, be deposited with the
authorizing Division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and
shall be accompanied by a joint affidavit of the applicant
police or law enforcement official and the members of
his team.
In case of death of the applicant or in case he is
physically disabled to execute the required affidavit, the
one next in rank to the applicant among the members of
the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the
members of the team that required affidavit.
It shall be unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 9
thirty (30) days after the termination of the period
granted by the Court of Appeals as provided in the
preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office
for any violation of this Act.
For purposes of this provision, the issuing court shall
require the applicant law enforcement or military
official to inform the court, after the lapse of the 30-
day period of the fact that an appropriate case for
violation of this Act has been filed with the Public
Prosecutor’s Office.
All tapes, discs, other storage devices, notes, Penalty was changed to 10
memoranda, summaries, excerpts, and all copies thereof years of imprisonment.
obtained under the judicial authorization granted by the
Court of Appeals shall, within forty-eight (48) hours after
the expiration of the period fixed in the written order the
extension or renewal granted thereafter, be deposited
with the issuing court in a sealed envelope or sealed
package, as the case may be, and shall be accompanied
by a joint affidavit of the applicant law enforcement
agent or military personnel and the members of his
team.
In case of death of the applicant or in case he is
physically disabled to execute the required affidavit, the
one next in rank to the applicant among the members of
the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the
members of the team that required affidavit.
It shall be unlawful for any person, law enforcement
agent or military personnel or any custodian of the
tapes, discs, other storage devices, recordings, notes,
memoranda, summaries, excerpts and all copies thereof
to remove, delete, expunge, incinerate, shred or destroy
in any manner the items enumerated above in whole or
in part under any pretext whatsoever.
 enumerated above in whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges,
incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years
and one day to twelve (12) years of imprisonment.
Contents of joint The joint affidavit of the police or of the law enforcement
affidavit official and the individual members of his team shall
state: (a) the number of tapes, discs, and recordings that
(12; 21) have been made, as well as the number of excerpts
and summaries thereof and the number of written
notes and memoranda, if any, made in connection
therewith; (b) the dates and times covered by each of
such tapes, discs, and recordings; (c) 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
(d) 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.
The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of
such tapes, discs, and recordings, and that no duplicates
or copies of the whole or any part of any of such
excerpts, summaries, written notes, and memoranda,
have been made, or, if made, that all such duplicates
and copies are included in the sealed envelope or
sealed package, as the case may be, deposited with the
authorizing division of the Court of Appeals.
Any person who removes, deletes, expunges,
incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of imprisonment of 10 years.
The joint affidavit of the police or of the law enforcement The joint affidavit need not
agent or military personnel shall state: (a) the number contain the date of the original
of tapes, discs, and recordings that have been made; (b) written authorization granted by
the dates and times covered by each of such tapes, the ATC to the applicant to file
discs, and recordings; (c) the number of tapes, discs, the ex parte application.
and recordings.
Penalty was changed to 10
The joint affidavit shall also certify under oath that no years of imprisonment.
duplicates or copies of the whole or any part of any of
such tapes, discs, other storage devices, recordings,
notes, memoranda, summaries, or excerpts have been
made, or, if made, that all such duplicates and copies
are included in the sealed envelope or sealed package,
as the case may be, deposited with the authorizing
division of the Court of Appeals.
It shall be unlawful for any person, police or law
enforcement agent or military personnel to omit or
exclude from the joint affidavit any item or portion
thereof mentioned in this Section.
Any person, law enforcement agent or military officer
who violates any of the acts prescribed in the preceding
paragraph shall suffer the penalty of imprisonment of
ten (10) years.

It shall be unlawful for any person, police or law

enforcement official to omit or exclude from the joint
affidavit any item or portion thereof mentioned in this
Section.

Any person, police or law enforcement officer who

violates any of the acts prescribed in the preceding
paragraph shall suffer the penalty of not less than ten
(10) years and one day to twelve (12) years of
imprisonment.

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 10
Disposition of The sealed envelope or sealed package and the The sealed envelope or sealed package and the Penalty was changed to 10
deposited material contents thereof, which are deposited with the contents thereof shall be deemed and are hereby years.
authorizing division of the Court of Appeals, shall be declared classified information. The sealed envelope or
(13; 22) deemed and are hereby declared classified information, sealed package shall not be opened, disclosed, or used
and the sealed envelope or sealed package shall not be as evidence unless authorized by a written order of the
opened and its contents (including the tapes, discs, and authorizing division of the Court of Appeals which
recordings and all the excerpts and summaries thereof written order shall be granted only upon a written
and the notes and memoranda made in connection application of the DOJ duly authorized in writing by the
therewith) shall not be divulged, revealed, read, ATC to file the application with proper written notice to
replayed, or used as evidence unless authorized by the person whose conversation, communication,
written order of the authorizing division of the Court of message, discussion or spoken or written words have
Appeals, which written order shall be granted only upon been the subject of surveillance, monitoring, recording
a written application of the Department of Justice filed and interception to open, reveal, divulge, and use the
before the authorizing division of the Court of Appeals contents of the sealed envelope or sealed package as
and only upon a showing that the Department of Justice evidence.
has been duly authorized in writing by the Anti-Terrorism
Council to file the application with proper written notice The written application, with notice to the party
the person whose conversation, communication, concerned, for the opening, replaying, disclosing, or
message discussion or spoken or written words have using as evidence of the sealed package or the
been the subject of surveillance, monitoring, recording contents thereof, shall clearly state the purpose or
and interception to open, reveal, divulge, and use the reason for its opening, replaying, disclosing, or its
contents of the sealed envelope or sealed package as being used as evidence.
evidence.
Violation of this section shall be penalized by
Any person, law enforcement official or judicial authority imprisonment of 10 years.
who violates his duty to notify in writing the persons
subject of the surveillance as defined above shall suffer
the penalty of six years and one day to eight years of
imprisonment.
Application to open The written application with notice to the party None Covered by the last 2
deposited sealed concerned to open the deposited sealed envelope or paragraphs on Section 21 of the
envelope or sealed sealed package shall clearly state the purpose or proposed legislation
package reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing or disclosing its classified
(14; None) contents; (c) for replaying, divulging, and or reading any
of the listened to, intercepted, and recorded
communications, messages, conversations, discussions,
or spoken or written words (including any of the
excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith); [ and, (d) for
using any of said listened to, intercepted, and recorded
communications, messages, conversations, discussions,
or spoken or written words (including any of the
excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.

Any person, law enforcement official or judicial authority

who violates his duty to notify as defined above shall
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 11
 suffer the penalty of six years and one day to eight
years of imprisonment.
Evidentiary value of Any listened to, intercepted, and recorded
deposited materials communications, messages, conversations, discussions,
or spoken or written words, or any part or parts thereof,
(15; 23) or any information or fact contained therein, including
their existence, content, substance, purport, effect, or
meaning, which have been secured in violation of the
pertinent 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.
Penalty for Any police or law enforcement personnel who, not being
unauthorized or authorized to do so by the authorizing division of the
malicious interceptions Court of Appeals, tracks down, taps, listens to,
and/or recordings intercepts, and records in whatever manner or form any
communication, message, conversation, discussion, or
(16; 23) spoken or written word of a person charged with or
suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
Any listened to, intercepted, and recorded Same
communications, messages, conversations, discussions,
or spoken or written words, or any part or parts thereof,
or any information or fact contained therein, including
their existence, content, substance, purport, effect, or
meaning, which have been secured in violation of the
pertinent 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.
Any law enforcement agent or military personnel who Penalty was changed to 10
conducts surveillance activities without a valid judicial years and there is no more
authorization pursuant to Section 17 shall be guilty of accessory penalty of perpetual
this offense and shall suffer the penalty of imprisonment absolute disqualification from
of 10 years. All information that have been maliciously public office in case of malicious
procured should be made available to the aggrieved procurement.
party.

In addition to the liability attaching to the offender for the

commission of any other offense, the penalty of ten (10)
years and one day to twelve (12) years of
imprisonment and the accessory penalty of
perpetual absolute disqualification from public office
shall be imposed upon any police or law enforcement
personnel who maliciously obtained an authority from
the Court of Appeals to track down, tap, listen to,
intercept, and record in whatever manner or form any
communication, message, conversation, discussion, or
spoken or written words of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism: Provided, That notwithstanding
Section 13 of this Act, the party aggrieved by such
authorization shall be allowed access to the sealed
envelope or sealed package and the contents thereof as
evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said
authorization.
Designation of terrorist None Pursuant to our obligations under UN Security Council
There is no set criteria (like
individual, groups of Resolution No. 1373, the ATC shall automatically adopt
UNSCR 1373) for designation to
persons, organizations the UN Security Council Consolidated List of designated
be made by ATC other than
or associations individuals, group of persons, organizations, or
probable cause which may be
associations designated and/or identified as a terrorist,
subject to abusive interpretation
(None; 25) and application.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 12
 one who finances terrorism, or a terrorist organization or
group. Worse, any designee may be
subject to a freeze order
Request for designations by other jurisdictions or effective until the basis for the
supranational jurisdictions may be adopted by the ATC issuance thereof has been lifted,
after determination that the proposed designee meets subject to the right of the
the criteria for designation of UNSCR 1373. aggrieved party to file a petition
with the CA to determine the
The ATC may designate an individual, groups of basis of the freeze order.
persons, organization, or association, whether
domestic or foreign, upon finding a probable cause
that the individual, groups of persons, organization,
or association commit or attempt to commit, or
conspire in the commission of the acts defined and
penalized under Sections 4 to 12 of this Act.

The assets of the designated individual, groups of

persons, organization or association above-mentioned
shall be subject to the authority of the AMLC to freeze
pursuant to Section 11 of RA 10168.

The designation shall be without prejudice to the

proscription of terrorist organizations, associations, or
groups of persons under Section 26.
Proscription of terrorist Any organization, association, or group of persons Any group of persons, organization, or association, The court having jurisdiction
organizations, organized for the purpose of engaging in terrorism, which commits any of the acts defined and penalized over proscription shall be the
association, or group or which, although not organized for that purpose, under Sections 4 to 12 of this Act, or organized for Court of Appeals.
of persons actually uses the acts to terrorize mentioned in this the purpose of engaging in terrorism shall, upon
Act or to sow and create a condition of widespread application of the Department of Justice before the Applications for proscription
(17; 26) and extraordinary fear and panic among the authorizing division of the Court of Appeals, with due requires authority of the ATC
populace in order to coerce the government to give notice and opportunity to be heard given to the group of and recommendation from
in to an unlawful demand shall, upon application of the persons, organization or association, be declared as a NICA.
Department of Justice before a competent Regional terrorist and outlawed group of persons, organization or
Trial Court, with due notice and opportunity to be heard association, by the said Court.
given to the organization, association, or group of
persons concerned, be declared as a terrorist andThe application shall be filed with an urgent prayer
outlawed organization, association, or group of persons
for the issuance of a preliminary order of
by the said Regional Trial Court. proscription. No application for proscription shall be
filed without the authority of the ATC upon the
recommendation of the National Intelligence
Coordinating Agency (NICA).
Preliminary order of None Where the Court has determined that probable cause The CA may issue a preliminary
proscription exists on the basis of the verified application which is order of prescription upon
sufficient in form and substance, that the issuance of an determination of probable
(None; 27) order of proscription is necessary to prevent the cause.
commission of terrorism, he/she shall, within 72 hours
from the filing of the application, issue a preliminary
order of proscription declaring that the respondent is a
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 13
 terrorist and an outlawed organization or association
within the meaning of Section 26.

The court shall immediately commence and conduct

continuous hearings, which should be completed within
6 months from the time the application has been filed to
determine whether:
(a) The preliminary order of proscription should be
made permanent;
(b) The permanent order of proscription should be
issued in case no preliminary order was issued; or
(c) A preliminary order of proscription should be lifted.
It shall be the burden of the applicant to prove that
the respondent is a terrorist and an outlawed
organization or association within the meaning of
Section 26 before the court issues an order of
proscription whether preliminary or permanent.

The permanent order of proscription herein granted

shall be posted in a newspaper of general circulation. It
shall be valid of a period of 3 years after which, a review
of such order shall be made and if circumstances
warrant, the same shall be lifted.
Request to proscribe None Consistent with the national interest, all requests for
from foreign proscription made by another jurisdiction or
jurisdictions and supranational jurisdiction shall be referred by the DFA to
supranational the ATC to determine, with the assistance of the NICA, if
jurisdictions proscription under Section 26 is warranted. If the
request for proscription is granted, the ATC shall
(None; 28) correspondingly commence proscription proceedings
through the DOJ.
Period of detention The provisions of Article 125 of the Revised Penal Code The provisions of Article 125 of the Revised Penal Code The period was lengthened
without judicial warrant to the contrary notwithstanding, any police or law to the contrary notwithstanding, any law enforcement from 3 days to 14 days, and
of arrest enforcement personnel, who, having been duly agent or military personnel, who, having been duly may be extended by a
authorized in writing by the Anti-Terrorism Council has authorized in writing by the ATC has taken custody of a maximum of 10 days.
(18; 29) taken custody of a person charged with or suspected of person suspected of committing any of the acts defined
the crime of terrorism or the crime of conspiracy to and penalized under Sections 4 to 12, shall, without The arresting officer no longer
commit terrorism shall, without incurring any criminal incurring any criminal liability for delay in the delivery of needs to present the suspect
liability for delay in the delivery of detained persons to detained persons to the proper judicial authorities, before any judge.
the proper judicial authorities, deliver said charged or deliver said suspected person to the proper judicial
suspected person to the proper judicial authority within a authority within a period of 14 days counted from the Copies of the notice given to the
period of three days counted from the moment the said moment the said suspected person has been judge about the arrest shall also
charged or suspected person has been apprehended or apprehended or arrested, detained, and taken into be given to the ATC and CHR.
arrested, detained, and taken into custody by the said custody by the law enforcement agent or military
police, or law enforcement personnel: Provided, That the personnel. The period of detention may be extended The head of the detaining
arrest of those suspected of the crime of terrorism or to a maximum period of 10 calendar days if it is facility shall ensure that the
conspiracy to commit terrorism must result from the established that (1) further detention of the person/s detainee is informed of his/her
is necessary to preserve evidence related to the rights.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 14
 surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act.
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. It shall be the duty of the judge, among
other things, 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 three
calendar days from the time the suspect was brought
to his/her residence or office.
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:
Provided ,That 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.
The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the
police or law enforcement personnel who fails to notify
and judge as Provided in the preceding paragraph.
Period of detention in In the event of an actual or imminent terrorist attack,
the event of an actual suspects may not be detained for more than three days
or imminent terrorist without the written approval of a municipal, city,
attack provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial
(19; None) court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest. If the arrest is
made during Saturdays, Sundays, holidays or after office
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 15
terrorism or complete the investigation; (2) further
detention of the person/s is necessary to prevent the The penalty for failure to notify
commission of another terrorism; and (3) the the judge as requires was
investigation is being conducted properly and changed to 10 years of
without delay. imprisonment.
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, 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 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.
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 and judge as
provided in the preceding paragraph.
None Not reproduced
 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: Provided, however, That within three days
after the detention the suspects, whose connection with
the terror attack or threat is not established, shall be
released immediately.
Penalty for failure to The penalty of ten (10) years and one day to twelve (12) None Not reproduced, but may be
deliver suspect to the years of imprisonment shall be imposed upon any police covered by Section 31 of the
proper judicial or law enforcement personnel who has apprehended or proposed legislation
authority within three arrested, detained and taken custody of a person
days charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism and fails to deliver such
(20; None) charged or suspected person to the proper judicial
authority within the period of three days.
Rights of a person The moment a person charged with or suspected of the
The moment a person charged with or suspected of None, except for the highlighted
under custodial crime of terrorism or the crime of conspiracy to commit
committing any of the acts defined and penalized under words
detention terrorism is apprehended or arrested and detained, he
Sections 4 to 12 is apprehended or arrested and
shall forthwith be informed, by the arresting police or law
detained, he shall forthwith be informed, by the arresting
(21; 30) enforcement officers or by the police or law enforcement
law enforcement agent or military personnel to whose
officers to whose custody the person concerned is custody the person concerned is brought, of his or her
brought, of his or her right: (a) to be informed of the
right: (a) to be informed of the nature and cause of his
nature and cause of his arrest, to remain silent and to
arrest, to remain silent and to have competent and
have competent and independent counsel preferably of
independent counsel preferably of his choice. If the
his choice. If the person cannot afford the services of
person cannot afford the services of counsel of his or
counsel of his or her choice, the police or law her choice. If the person cannot afford the services of
enforcement officers concerned shall immediately counsel of his or her choice, the law enforcement agent
contact the free legal assistance unit of the Integrated
or military personnel shall immediately contact the free
Bar of the Philippines (IBP) or the Public Attorney's
legal assistance unit of the Integrated Bar of the
Office (PAO). It shall be the duty of the free legal
Philippines (IBP) or the Public Attorney's Office (PAO). It
assistance unit of the IBP or the PAO thus contacted to
shall be the duty of the free legal assistance unit of the
immediately visit the person(s) detained and provide him
IBP or the PAO thus contacted to immediately visit the
or her with legal assistance. These rights cannot be
person(s) detained and provide him or her with legal
waived except in writing and in the presence of theassistance. These rights cannot be waived except in
counsel of choice; (b) informed of the cause or causes
writing and in the presence of the counsel of choice; (b)
of his detention in the presence of his legal counsel; (c)
informed of the cause or causes of his detention in the
allowed to communicate freely with his legal counsel and
presence of his legal counsel; (c) allowed to
to confer with them at any time without restriction; (d)
communicate freely with his legal counsel and to confer
allowed to communicate freely and privately withoutwith them at any time without restriction; (d) allowed to
restrictions with the members of his family or with his
communicate freely and privately without restrictions
nearest relatives and to be visited by them; and, (e)
with the members of his family or with his nearest
allowed freely to avail of the service of a physician or
relatives and to be visited by them; and, (e) allowed
physicians of choice. freely to avail of the service of a physician or physicians
of choice.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 16
Penalty for violation of Any police or law enforcement personnel, or any The penalty of imprisonment of 10 years shall be Penalty was changed to 10
the rights of a detainee personnel of the police or other law enforcement imposed upon any law enforcement agent or military years
custodial unit that violates any of the aforesaid rights of a personnel who has violated the rights of persons under
(22; 31) person charged with or suspected of the crime of their custody, as provided for in Sections 29 and 30.
terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty Unless the police or law enforcement personnel who
of ten (10) years and one day to twelve (12) years of violated the rights of a detainee or detainees as stated
imprisonment. above is duly identified, the same penalty shall be
imposed on the head of the law enforcement unit or
Unless the police or law enforcement personnel who military unit having custody of the detainee at the time
violated the rights of a detainee or detainees as stated the violation was done.
above is 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.
Requirement for an The police or other law enforcement custodial unit in The law enforcement custodial unit in whose care and Access to the official logbook is
official custodial whose care and control the person charged with or control the person suspected of committing any of the now subject to reasonable
logbook and its suspected of the crime of terrorism or the crime of acts defined and penalized under Sections 4 to 12 has restrictions by the custodial
contents conspiracy to commit terrorism has been placed under been placed under custodial arrest and detention shall facility, unlike before where no
custodial arrest and detention shall keep a securely and keep a securely and orderly maintained official logbook, form of restriction is allowed.
(23; 32) orderly maintained official logbook, which is hereby which is hereby declared as a public document and
declared as a public document and opened to and made opened to and made available for .the inspection and Issuance of certified copies of
available for .the inspection and scrutiny of the lawyer or scrutiny of the lawyer of the person under custody or the entries in the official
lawyers of the person under custody or any member of any member of his or her family or relative by logbook is now subject to
his or her family or relative by consanguinity or affinity consanguinity or affinity within the fourth civil degree or reasonable restrictions by the
within the fourth civil degree or his or her physician at his or her physician at any time of the day or night custodial facility, unlike before
any time of the day or night without any form of subject to reasonable restrictions by the custodial where no form of restriction is
restriction. The logbook shall contain a clear and facility. The logbook shall contain a clear and concise allowed.
concise record of: (a) the name, description, and record of: (a) the name, description, and address of the
address of the detained person; (b) the date and exact detained person; (b) the date and exact time of his/her
time of his initial admission for custodial arrest and initial admission for custodial arrest and detention; (c)
detention; (c) the name and address of the physician or the name and address of the physician or physicians
physicians who examined him physically and medically; who examined him/her physically and medically; (d) the
(d) the state of his health and physical condition at the state of his health and physical condition at the time of
time of his initial admission for custodial detention; (e) his/her initial admission for custodial detention; (e) the
the date and time of each removal of the detained date and time of each removal of the detained person
person from his cell for interrogation or for any purpose; from his/her cell for interrogation or for any purpose; (f)
(f) the date and time of his return to his cell; (g) the the date and time of his/her return to his cell; (g) the
name and address of the physician or physicians who name and address of the physician or physicians who
physically and medically examined him after each physically and medically examined him/her after each
interrogation; (h) a summary of the physical and medical interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such findings on the detained person after each of such
interrogation; (i) the names and addresses of his family interrogation; (i) the names and addresses of his/her
members and nearest relatives, if any and if available; (j) family members and nearest relatives, if any and if
the names and addresses of persons, who visit the available; (j) the names and addresses of persons, who
detained person; (k) the date and time of each of such visit the detained person; (k) the date and time of each
visits; (1) the date and time of each request of the of such visits; (1) the date and time of each request of
detained person to communicate and confer with his the detained person to communicate and confer with
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 17
 legal counsel or counsels; (m) the date and time of each
visit, and date and time of each departure of his legal
counsel or counsels; and, (n) all other important events
bearing on and all relevant details regarding the
treatment of the detained person while under custodial
arrest and detention.
The said police or law enforcement custodial unit shall
upon demand of the aforementioned lawyer or lawyers
or members of the family or relatives within the fourth
civil degree of consanguinity or affinity of the person
under custody or his or her physician issue a certified
true copy of the entries of the logbook relative to the
concerned detained person without delay or
restriction or requiring any fees whatsoever
including documentary stamp tax, notarial fees, and
the like. This certified true copy may be attested by the
person who has custody of the logbook or who allowed
the party concerned to scrutinize it at the time the
demand for the certified true copy is made.
The police or other law enforcement custodial unit who
fails to comply with the preceding paragraph to keep an
official logbook shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
No torture or coercion No threat, intimidation, or coercion, and no act which will The use of torture and other cruel, inhumane and
in investigation and inflict any form of physical pain or torment, or mental, degrading treatment or punishment, as defined in
interrogation moral, or psychological pressure, on the detained
person, which shall vitiate his freewill, shall be
(24; 33) employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit
terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation,
or coercion, or from such inflicted physical pain or
torment, or mental, moral, or psychological pressure,
shall be, in its entirety, absolutely not admissible and
usable as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Penalty for threat, Any person or persons who use threat, intimidation, or
intimidation, coercion, coercion, or who inflict physical pain or torment, or
or torture in the mental, moral, or psychological pressure, which shall
investigation and vitiate the free-will of a charged or suspected person
interrogation of a under investigation and interrogation for the crime of
detained person terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty
(25; None) of twelve (12) years and one day to twenty (20) years of
imprisonment.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 18
his/her legal counsel or counsels; (m) the date and time
of each visit, and date and time of each departure of
his/her legal counsel or counsels; and, (n) all other
important events bearing on and all relevant details
regarding the treatment of the detained person while
under custodial arrest and detention.
The said law enforcement custodial unit shall, upon
demand of the aforementioned lawyer or lawyers or
members of the family or relatives within the fourth civil
degree of consanguinity or affinity of the person under
custody or his/her physician, issue a certified true copy
of the entries of the logbook relative to the concerned
detained person subject to reasonable restrictions by
the custodial facility. This certified true copy may be
attested by the person who has custody of the logbook
or who allowed the party concerned to scrutinize it at the
time the demand for the certified true copy is made.
The law enforcement custodial unit who fails to comply
with the preceding paragraph to keep an official logbook
shall suffer the penalty of imprisonment of ten (10)
years.
Use is prohibited now under RA
9745.
Sections 4 and 5 of RA 9745 (Anti-Torture Act of 2009)
at any time during the investigation or interrogation of a
detained suspected terrorist is absolutely prohibited and
shall be penalized under said law. Any evidence
obtained from said detained person resulting from such
treatment, shall be, in its entirety, inadmissible and
cannot be used as evidence in any judicial, quasi-
judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
None Punishable under RA 9745
 When death or serious permanent disability of said
detained person occurs as a consequence of the use of
such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical
pain or torment, or as a consequence of the infliction on
him of such mental, moral, or psychological pressure,
the penalty shall be twelve (12) years and one day to
twenty (20) years of imprisonment.
Restriction on travel In cases where evidence of guilt is not strong, and the
person charged with the crime of terrorism or
(26; 34) 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. Travel outside of said municipality or
city, without the authorization of the court, 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/she may also 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 communications with people outside
the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated
upon the acquittal of the accused or of the dismissal of
the case filed against him or earlier upon the discretion
of the court on motion of the prosecutor or of the
accused.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 19
Prior to the filing of an information for any violation While the proposed bill
of Sections 4 to 12, the investigating prosecutor shall contemplates a house arrest, it
apply for the issuance of a precautionary hold removed the provision where
departure order (PHDO) against the respondent the court may place the
upon a preliminary determination of probable cause accused under house arrest at
in the proper RTC. his or her usual place
residence.
Upon the filing of the information regarding the
commission of any acts defined and penalized under The accused’s violation of the
the provisions of this Act, the prosecutor shall apply travel restriction imposed by the
with the court having jurisdiction for the issuance of court results to forfeiture of bail,
an HDO against the accused. The said application without any exceptions.
shall be accompanied by the complaint-affidavit and
its attachments, personal details, passport number, In case of acquittal of the
and a photograph of the accused, if available. accused or dismissal of the
case, there is no specific
In cases where evidence of guilt is not strong, and the reversal of the cancellation of
person charged is entitled to bail and is granted the the passport earlier ordered by
same, the court, upon application by the prosecutor, the court.
shall limit the right of travel of the accused within the
municipality or city where he/she 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. The court shall immediately furnish the
DOJ and the Bureau of Immigration with the copy of
said order. Travel outside of said municipality or city,
without the authorization of the court, shall be deemed a
violation of the terms and conditions of his/her bail,
which shall be forfeited as provided under the Rules of
Court.
While under house arrest, he/she may not use
telephones, cellphones, e-mails, computers, the internet,
or other means of communications with people outside
the residence until otherwise ordered by the court.
If the evidence of guilt is strong, the court shall
immediately issue an HDO and direct the DFA to
 initiate the procedure for the cancellation of the
passport of the accused.

The restrictions above-mentioned shall be terminated

upon the acquittal of the accused or of the dismissal of
the case filed against him/her or earlier upon the
discretion of the court on motion of the prosecutor or of
the accused.
AMLC authority to None Upon the issuance by the court of a preliminary order of AMLC’s authority does not
investigate, inquire into proscription or in case of designation under Section 25, require a court order.
and examine bank the AMLC, either upon its own initiative or at the request
deposits of the ATC, is hereby authorized to investigate:
(a) any property or funds that are in any way related to
(None; 35) financing of terrorism as defined and penalized
under RA 10168 or violation of Sections 4, 6, 7, 10,
11, or 12 of this Act;
(b) property or funds of any person or persons in
relation to whom there is probable cause to believe
that such person or persons are committing or
attempting or conspiring to commit, or participating
in or facilitating the financing of the aforementioned
sections of this Act.

The AMLC may also enlist the assistance of any branch,

department, bureau, office, agency or instrumentality of
the government, including GOCCs in undertaking
measures to counter the financing of these terrorism,
which may include the use of its personnel, facilities and
resources.

For purposes of this Section and notwithstanding the

provisions of RA 1405, as amended (Law on Secrecy of
Bank Deposits); RA 6426, as amended (Foreign
Currency Deposit Act of the Philippines); RA 8791 (The
General Banking Law of 2000) and other laws, the AMLC
is hereby authorized to inquire into or examine deposits
and investments with any banking institution or non-bank
financial institution and their subsidiaries and affiliates
without a court order.
Judicial authorization The provisions of Republic Act No. 1405 as amended, to
None Court order is not required
required to examine the contrary notwithstanding, the justices of the Court of under Section 35 of the
bank deposits, Appeals designated as a special court to handle anti- proposed legislation.
accounts, and records terrorism cases after satisfying themselves of the
existence of probable cause in a hearing called for that
(27; None) purpose that: (1) a person charged with or suspected of
the crime of terrorism or, conspiracy to commit
terrorism, (2) of a judicially declared and outlawed
terrorist organization, association, or group of persons;
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 20
 and (3) of a member of such judicially declared and
outlawed organization, association, or group of persons,
may authorize in writing any police or law enforcement
officer and the members of his/her team duly authorized
in writing by the anti-terrorism council to: (a) examine, or
cause the examination of, the deposits, placements, trust
accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any
relevant information about such deposits, placements,
trust accounts, assets, and records from a bank or
financial institution. 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.
Application to examine The written order of the Court of Appeals authorizing the None Not applicable, since court
bank deposits, examination of bank deposits, placements, trust order is not required under
accounts, and records accounts, assets, and records: (1) of a person charged Section 35 of the proposed
with or suspected of the crime of terrorism or conspiracy legislation.
(28; None) to commit terrorism; (2) of any judicially declared and
outlawed terrorist organization, association, or group of
persons, or (3) of any member of such organization,
association, or group of persons in a bank or financial
institution, and the gathering of any relevant information
about the same from said bank or financial institution,
shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who has
been duly authorized in writing to file such ex parte
application by the Anti-Terrorism Council created in
Section 53 of this Act to file such ex parte application,
and upon examination under oath or affirmation of the
applicant and, the witnesses he may produce to
establish the facts that will justify the need and urgency
of examining and freezing the bank deposits,
placements, trust accounts, assets, and records: (1) of
the person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) of a
judicially declared and outlawed terrorist organization,
association or group of persons; or (3) of any member of
such organization, association, or group of persons.
Classification and The written order granted by the authorizing division of None Not applicable, since court
contents of the court the Court of Appeals as well as its order, if any, to order is not required under
order authorizing the extend or renew the same, the original ex parte Section 35 of the proposed
examination of bank application of the applicant, including his ex parte legislation.
deposits, accounts, application to extend or renew, if any, and the written
and records authorizations of the Anti-Terrorism Council, shall be
deemed and are hereby declared as classified
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 21
(29; None) information: Provided, That the person whose bank
deposits, placements, trust accounts, assets, and
records have been examined, frozen, sequestered and
seized by law enforcement authorities 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. The
written order of the authorizing division of the Court of
Appeals designated to handle cases involving terrorism
shall specify: (a) the identify of the said: (1) person
charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) judicially declared
and outlawed terrorist organization, association, or
group of persons; and (3) member of such judicially
declared and outlawed organization, association, or
group of persons, as the case may be. whose deposits,
placements, trust accounts, assets, and records are to
be examined or the information to be gathered; (b) the
identity of the bank or financial Institution where such
deposits, placements, trust accounts, assets, and
records are held and maintained; (c) the identity of the
persons who will conduct the said examination and the
gathering of the desired information; and, (d) the length
of time the authorization shall be carried out.
Effective period of The authorization issued or granted by the authorizing None Not applicable, since court
court authorization to division of the Court of Appeals to examine or cause the order is not required under
examine and obtain examination of and to freeze bank deposits, placements, Section 35 of the proposed
information on bank trust accounts, assets, and records, or to gather legislation.
deposits, accounts, information about the same, shall be effective for the
and records length of time specified in the written order of the
authorizing division of the Court of Appeals, which shall
(30; None) not exceed a period of thirty (30) days from the date of
receipt of the written order of the authorizing division of
the Court of Appeals by the applicant police or law
enforcement official.

The authorizing division of the Court of Appeals may

extend or renew the said authorization for another
period, which shall not exceed thirty (30) days
renewable to another thirty (30) days from the expiration
of the original period: Provided, That 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.

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 22
 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 ream named in the original
written order of the authorizing division of the Court of
Appeals shall file the application for extension or
renewal: Provided, That, without prejudice to the liability
of the police or law enforcement personnel under
Section 19 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of
Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.

If no case is filed within the thirty (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 ten (10) years and one day to twelve (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 as defined above
shall suffer the penalty of six years and one day to eight
years of imprisonment.
Custody of bank data All information, data, excerpts, summaries, notes, None Not applicable, since court
and information memoranda, working sheets, reports, and other order is not required under
obtained after documents obtained from the examination of the bank Section 35 of the proposed
examination of deposits, placements, trust accounts, assets and records legislation.
deposits, placements, of: (1) a person charged with or suspected of the crime
trust accounts, assets of terrorism or the crime of conspiracy to commit
and records terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a
(31; None) member of any such organization, association, or group
of persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the
authorizing division of the Court of Appeals or within
forty-eight (48) hours after the expiration of the
extension or renewal granted by the authorizing division
of the Court of Appeals, be deposited with the
authorizing division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 23
 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.
Contents of joint The joint affidavit shall state: (a) the identifying marks, None Not applicable, since court
affidavit numbers, or symbols of the deposits, placements, trust order is not required under
accounts, assets, and records examined; (b) the identity Section 35 of the proposed
(32; None) and address of the bank or financial institution where legislation.
such deposits, placements, trust accounts, assets, and
records are held and maintained; (c) the number of bank
deposits, placements, trust accounts, assets, and
records discovered, examined, and frozen; (d) the
outstanding balances of each of such deposits,
placements, trust accounts, assets; (e) 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; (f) 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
(g) 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.
The joint affidavit shall also certify 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.
It shall be unlawful for any person, police officer or
custodian of the bank data and information obtained
after examination of deposits, placements, trust
accounts, assets and records to copy, to remove, delete,
expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any
pretext whatsoever,
Any person who copies, removes, deletes, expunges,
incinerates, shreds or destroys the items enumerated

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 24
 above shall suffer a penalty of not less than six years
and one day to twelve (12) years of imprisonment.

Disposition of bank The sealed envelope or sealed package and the None Not applicable, since court
materials contents thereof, which are deposited with the order is not required under
authorizing division of the Court of Appeals, shall be Section 35 of the proposed
(33; None) deemed and are hereby declared classified information legislation.
and the sealed envelope or sealed package shall not be
opened and its contents 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 a 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 three days before the
scheduled opening, to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as
evidence.

Any person, law enforcement official or judicial authority

who violates his duty to notify in writing as defined above
shall suffer the penalty of six years and one day to eight
years of imprisonment.

Application to open The written application, with notice in writing to the party None Not applicable, since court
deposited bank concerned not later than three days of the scheduled order is not required under
materials opening, to open the sealed envelope or sealed package Section 35 of the proposed
shall clearly state the purpose and reason: (a) for legislation.
(34; None) opening the sealed envelope or sealed package; (b) for
revealing and disclosing its classified contents; and, (c)
for using the classified information, data, excerpts,
summaries, notes, memoranda, working sheets, reports,
and documents as evidence.
Evidentiary value of Any information, data, excerpts, summaries, notes, None Not applicable, since court
deposited bank memoranda, work sheets, reports, or documents order is not required under
materials acquired from the examination of the bank deposits, Section 35 of the proposed
placements, trust accounts, assets and records of: (1) a legislation.
(35; None) person charged 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,
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,
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 25
 legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Authority to freeze None Upon the issuance by the court of a preliminary order of The 20-day period is tolled upon
proscription or in case of designation under Section 25, filing of the petition for
(None; 36) the AMLC, either upon its own initiative or request of the extension with the CA, which
ATC, is hereby authorized to issue an ex parte order to effectively extends the non-
freeze without delay: (a) any property or funds that are in judicial order to freeze because
any way related to financing of terrorism as defined and the CA is not mandated to
penalized under RA 10168, or any violation of Sections 4 decided within a specific period
to 12 of this Act; (b) property or funds of any person or to ensure swift disposition of the
persons in relation to who there is probable cause to petition.
believe that such person or persons are committing or
attempting or conspiring to commit, or participating in or
facilitating the financing of the aforementioned sections
of this Act.

The freeze order shall be effective for a period not

exceeding 20 days. Upon a petition filed by the AMLC
before the expiration of the period, the effectivity of the
freeze order may extended up to a period not exceeding
6 months upon order of the Court of Appeals: Provided,
That the 20-day period shall be tolled upon filing of a
petition to extend the effectivity of the freeze order.

Notwithstanding the preceding paragraphs, the AMLC,

consistent with the Philippines’ international obligations,
shall be authorized to issue a freeze order with respect
to property or funds of a designated organization,
association, group or any individual to comply with
binding terrorism-related resolutions, including UNSCR
1373 pursuant to Article 41 of the UN Charter. Said
freeze order shall be effective until the basis for the
issuance thereof shall have been lifted. During the
effectivity of the freeze order, an aggrieved party may,
within 20 days from issuance, file with the Court of
Appeals a petition to determine the basis of the freeze
order according to the principle of effective judicial
protection: Provided, That the person whose property or
funds have been frozen may withdraw such sums as the
AMLC determines to be reasonably needed for monthly
needs and sustenance including the services of counsel
and the family medical needs of such person.

However, if the property or funds subject of the freeze

order under the immediately preceding paragraph are
found to be in any way related to financing of terrorism
as defined and penalize under RA 10168, or any
violation of Sections 4 to 12 of this Act committed within
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 26
 the jurisdiction of the Philippines, said property or funds
shall be subject of civil forfeiture proceedings as
provided under RA 10168.
Penalty for Any person, police or law enforcement personnel who Any person who maliciously, or without authorization, The penalty for unauthorized
unauthorized or examines the deposits, placements, trust accounts, examines deposits, placements, trust accounts, assets, and malicious examination was
malicious examination assets, or records in a bank or financial institution of: (1) or records in a bank or financial institution in relation to reduced.
of a bank or a financial a person charged with or suspected of the crime of Section 36 shall suffer the penalty of 4 years of
institution terrorism or the crime of conspiracy to commit terrorism; imprisonment. The aggrieved party is no
(2) a judicially declared and outlawed terrorist longer guaranteed access to
(35; 37) organization, association, or group of persons; or (3) a sealed envelope or sealed
member of such organization, association, or group of package that may be used as
persons, without being authorized to do so by the Court evidence against persons liable
of Appeals, shall be guilty of an offense and shall suffer for malicious examination.
the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.

In addition to the liability attaching to the offender for the

commission of any other offense, the penalty of ten (10)
years and one day to twelve (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, 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 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: Provided, That notwithstanding
Section 33 of this Act, the party aggrieved by such
authorization shall upon motion duly filed be allowed
access to the sealed envelope or sealed package and
the contents thereof as evidence for the prosecution
of any police or law enforcement personnel who
maliciously procured said authorization.
Safe harbor None No administrative, criminal or civil proceedings shall lie
against any person acting in good faith when
(None; 38) implementing the targeted financial sanctions as
provided under the pertinent UN Security Resolutions.
Penalty of bank An employee, official, or a member of the board of An employee, official, or a member of the board of The refusal contemplated under
officials and directors of a bank or financial institution, who refuses to directors of a bank or financial institution, who after Section 39 refers to the
employees defying a allow the examination of the deposits, placements, trust being duly served with the written order of authorization deposits, placements, trust
court authorization accounts, assets, and records of: (1) a person charged from the Court of Appeals, refuses to allow the accounts, assets, and records of
with or suspected of the crime of terrorism or the examination of the deposits, placements, trust accounts, terrorists and groups subject of
(37; 39) crime of conspiracy to commit terrorism; (2) a assets, and records of a terrorist or an outlawed group proscription under Sections 25
judicially declared and outlawed organization, of persons, organization or association, in accordance and 26, who are not necessarily
association, or group of persons; or (3) a member of with Sections 25 and 26, shall suffer the penalty of those persons charged with or
such judicially declared and outlawed organization, imprisonment of 4 years. suspected of committing any of
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 27
 association, or group of persons in said bank or financial the acts defined and penalized
institution, when duly served with the written order of the under Sections 4 to 12.
authorizing division of the Court of Appeals, shall be
guilty of an offense and shall suffer the penalty of ten The penalty for defiance was
(10) years and one day to twelve (12) years of reduced.
imprisonment.
If the subject person defies an
order to examine the deposits,
placements, trust accounts,
assets, and records of a person
charged with or suspected of
the crime of terrorism or the
crime of conspiracy to commit
terrorism, there is no
prescribed penalty.
Penalty for false or Any false or untruthful statement or misrepresentation of None Not reproduced
untruthful statement or material fact in the joint affidavits required respectively in
misrepresentation of Section 12 and Section 32 of this Act shall constitute a
material fact in joint criminal offense and the affiants shall suffer individually
affidavits the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
(38; None)
Seizure and The deposits and their outstanding balances, None Not reproduced
sequestration placements, trust accounts, assets, and records in any
bank or financial institution, moneys, businesses,
(39; None) transportation and communication equipment, supplies
and other implements, and property of whatever kind
and nature belonging: (1) to any person suspected of or
charged before a competent Regional Trial Court for the
crime of terrorism or the crime of conspiracy to commit
terrorism; (2) to a judicially declared and outlawed
organization, association, or group of persons; or (3) to a
member of such organization, association, or group of
persons 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.

The accused or a person suspected of 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/her indictment as a terrorist upon
permission of the court for any legitimate reason.

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 28
 Any person who unjustifiably refuses to follow the order
of the proper division of the Court of Appeals to allow
the person accused of the crime of terrorism or of the
crime of conspiracy to commit terrorism to withdraw
such sums from sequestered or frozen deposits,
placements, trust accounts, assets and records as may
be necessary for the regular sustenance of his/her family
or to use any of his/her property that has been seized,
sequestered or frozen for legitimate purposes while
his/her case is pending shall suffer the penalty of ten
(10) years and one day to twelve (12) years of
imprisonment.
Nature of seized. The seized, sequestered and frozen bank deposits, None Not reproduced
Sequestered and placements, trust accounts, assets and records
frozen bank deposits, belonging to a person suspected of or charged with the
placements, trust crime of terrorism or conspiracy to commit terrorism
accounts, assets and shall be deemed as property held in trust by the bank or
records financial institution for such person and the government
during the pendency of the investigation of the person
(40; None) suspected of or during the pendency of the trial of the
person charged with any of the said crimes, as the case
may be 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.
Disposition of the If the person suspected of or charged with the crime of None Not reproduced
seized, sequestered terrorism or conspiracy to commit terrorism is found,
and frozen bank after his investigation, to be innocent by the investigating
deposits, placements, body, or is acquitted, after his arraignment or his case is
trust accounts, assets dismissed before his arraignment by a competent court,
and record the seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and records
(41; None) shall forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be,
and his bank deposits, placements, trust accounts,
assets and records shall be deemed released from such
seizure, sequestration and freezing, and shall be
restored to him without any delay by the bank or
financial institution concerned without any further action
on his part. The filing of any appeal on motion for
reconsideration shall not state the release of said funds
from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or

conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically
forfeited in favor of the government.
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 29
 Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of Five hundred thousand
pesos (P500.000.00) 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/her.
Penalty for unjustified Any person who unjustifiably refuses to restore or delays None Not reproduced
refusal to restore or the restoration of seized, sequestered and frozen bank
delay in restoring deposits, placements, trust accounts, assets and records
seized, sequestered of a person suspected of or charged with the crime of
and frozen bank terrorism or conspiracy to commit terrorism after such
deposits, placements, suspected person has been found innocent by the
trust accounts, assets investigating body or after the case against such
and records charged person has been dismissed or after he is
acquitted by a competent court shall suffer the penalty
(42; None) of ten (10) years and one day to twelve (12) years of
imprisonment.
Penalty for the loss, Any person who is responsible for the loss, misuse, None Not reproduced
misuse, diversion or diversion, or dissipation of the whole or any part of the
dissipation of seized, seized, sequestered and frozen bank deposits,
sequestered and placements, trust accounts, assets and records of a
frozen bank deposits, person suspected of or charged with the crime of
placements, trust terrorism or conspiracy to commit terrorism shall suffer
accounts, assets and the penalty of ten (10) years and one day to twelve (12)
records years of imprisonment.

(43; None)
Infidelity in the custody Any public officer who has direct custody of a detained Any public officer who has direct custody of a detained The penalty was reduced and
of detained persons person or under the provisions of this Act and who by person under the provisions of this Act and who by his made to apply whether the
his deliberate act, misconduct, or inexcusable deliberate act, misconduct, or inexcusable negligence, escapee has been convinced
(44; 42) negligence causes or allows the escape of such causes or allows the escape of such detained person and sentenced, or not.
detained person shall be guilty of an offense and shall shall be guilty of an offense and shall suffer the penalty
suffer the penalty of: (a) twelve (12) years and one day of ten (10) years of imprisonment.
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.
Immunity and The provisions of Republic Act No. 6981 (Witness The immunity and protection of government witnesses None, except how it was
protection of Protection, Security and Benefits Act) to the contrary shall be governed by the provisions of RA 6981. phrased.
government witnesses notwithstanding, the immunity of government witnesses
testifying under this Act shall be governed by Sections
(45; 40) 17 and 18 of Rule 119 of the Rules of Court: Provided,
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 30
 however, That said witnesses shall be entitled to benefits
granted to witnesses under said Republic Act No.6981.
Penalty for The penalty of ten (10) years and one day to twelve
unauthorized (12) years of imprisonment shall be imposed upon any
revelation of classified person, police or law enforcement agent, judicial officer
materials or civil servant who, not being authorized by the Court of
Appeals to do so, reveals in any manner or form any
(46, 41) classified information under this Act.
Penalty for furnishing The penalty of twelve (12) years and one day to
false evidence, forged twenty (20) years of imprisonment shall be imposed
document, or spurious upon any person who knowingly furnishes false
evidence testimony, forged document or spurious evidence in any
investigation or hearing under this Act.
(47; 43)
Continuous trial In cases of terrorism or conspiracy to commit
terrorism, the judge shall set the continuous trial on a
(48; 44) daily basis from Monday to Friday or other short-term
trial calendar so as to ensure speedy trial.
Prosecution under this When a person has been prosecuted under a provision
act shall be a bar to of this Act, upon a valid complaint or information or other
another prosecution formal charge sufficient in form and substance to sustain
under the Revised a conviction and after the accused had pleaded to the
Penal Code or any charge, the acquittal of the accused or the dismissal of
special penal laws the case shall be a bar to another prosecution for any
offense or felony which is necessarily included in the
(49; None) offense charged under this Act.
Damages for unproven Upon acquittal, any person who is accused of terrorism
charge of terrorism shall be entitled to the payment of damages in the
amount of Five hundred thousand pesos (P500,000.00)
(50; None) 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
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 31
The penalty of imprisonment of ten (10) years shall be While the penalty was reduced,
imposed upon any person, police or law enforcement the criminal liability does not
agent or military personnel, judicial officer or civil prejudice any resulting
servant who, not being authorized by the Court of administrative liability.
Appeals to do so, reveals in any manner or form any
classified information under this Act. The penalty
imposed herein is without prejudice and in addition
to any corresponding administrative liability the
offender may have incurred for such acts.
The penalty of imprisonment of six (6) years shall be The penalty was reduced.
imposed upon any person who knowingly furnishes false
testimony, forged document or spurious evidence in any
investigation or hearing under this Act.
In cases involving crimes defined and penalized under It applies to all persons in
the provisions of this Act, the judge concerned shall violation of the proposed
set the case for continuous trial on a daily basis from legislation (whether for acts of
Monday to Thursday or other short-term trial calendar to terrorism or non-compliance
ensure compliance with the accused’s right to speedy with the Act by law enforcement
trial. agents, military personnel, and
other private persons), while in
the current legislation, only
those charged with terrorism or
conspiracy to commit terrorism.
None Not reproduced, hence, those
found guilty or acquitted in a
case prosecuted under the
proposed legislation may still be
prosecuted for violations of the
Revised Penal Code or any
special penal laws.
None Not reproduced
 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.

Any officer, employee, personnel, or person who delays

the release or refuses to release the amounts awarded
to the individual acquitted of the crime of terrorism as
directed in the paragraph immediately preceding shall
suffer the penalty of six months of imprisonment.

If the deductions are less than the amounts due to the

detained persons, the amount needed to complete the
compensation shall be taken from the current
appropriations for intelligence, emergency, social or
other funds of the Office of the President.

In the event that the amount cannot be covered by the

current budget of the police or law enforcement agency
concerned, the amount shall be automatically included
in the appropriations of the said agency for the coming
year.
Duty to record and The police or law enforcement officers to whom the None Not reproduced
report the name and name or a suspect in the crime of terrorism was first
address of the revealed shall record the real name and the specific
informant address of the informant.
The police or law enforcement officials concerned shall
(51; None) report the informant's name and address to their
superior officer who shall transmit the information to the
Congressional Oversight Committee or to the proper
court within five days after the suspect was placed under
arrest or his properties were sequestered, seized or
frozen.
The name and address of the informant shall be
considered confidential and shall not be unnecessarily
revealed until after the proceedings against the suspect
shall have been terminated.
Applicability of the The provisions of Book I of the Revised Penal Code shall None Not reproduced
Revised Penal Code be applicable to this Act.

(52; None)
Anti-Terrorism Council An Anti-Terrorism Council, hereinafter referred to, for An Anti-Terrorism Council (ATC) is hereby created. The The ATC made the NSA the
brevity, as the "Council," is hereby created. The members of the ATC are: Vice Chairperson (instead of
(53; 45) members of the Council are: (1) the Executive (1) the Executive Secretary, who shall be its Secretary of Justice), and
Secretary, who shall be its Chairperson; (2) the Chairperson; added the Secretary of
Secretary of Justice, who shall be its Vice Chairperson; (2) the National Security Adviser who shall be its Vice Information and
and (3) the Secretary of Foreign Affairs; (4) the Chairperson; Communications Technology
Secretary of National Defense; (5) the Secretary of the (3) the Secretary of Foreign Affairs; and AMLC Secretariat
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 32
Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its
other members.
The Council shall implement this Act and assume the
responsibility for the proper and effective
implementation of the anti-terrorism policy of the
country. The Council shall keep records of its
proceedings and decisions. All records of the Council
shall be subject to such security classifications as the
Council may, in its judgment and discretion, decide to
adopt to safeguard the safety of the people, the security
of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be
the Secretariat of the Council. The Council shall define
the powers, duties, and functions of the National
Intelligence Coordinating Agency as Secretariat of the
Council. The National Bureau of Investigation, the
Bureau of Immigration, the Office of 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 shall serve as support
agencies for the Council.
The Council shall formulate and adopt comprehensive,
adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and
eradicate terrorism in the country and to protect the
people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to
exercise any judicial or quasi-judicial power or authority.
(4) the Secretary of National Defense; Executive Director as additional
(5) the Secretary of the Interior and Local Government; members.
(6) the Secretary of Finance;
(7) the Secretary of Justice; The support agencies for the
(8) the Secretary of Information and ATC were enlarged to include
Communications Technology; and more agencies.
(9) the Executive Director of AMLC Secretariat as
its other members.
The ATC shall implement this Act and assume the
responsibility for the proper and effective
implementation of the policies of the country against
terrorism. The Council shall keep records of its
proceedings and decisions. All records of the ATC shall
be subject to such security classifications as the ATC
may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
The NICA shall be the Secretariat of the ATC. The ATC
shall define the powers, duties, and functions of the
NICA as Secretariat of the ATC. The Anti-Terrorism
Council-Program Management Center (ATC-PMC) is
hereby institutionalized as the main coordinating and
program management arm of the ATC. The ATC shall
define the powers, duties, and functions of the ATC-
PMC. The Secretary of Science and Technology, the
Secretary of Transportation, the Secretary of Labor
and Employment, the Secretary of Education, the
Secretary of Social Welfare and Development, the
Presidential Adviser for Peace, Reunification and
Unity (PAPRU, formerly PAPP), the Chief Minister of
the Bangsamoro Autonomous Region in Muslim
Mindanao (NARMM), the National Bureau of
Investigation (NBI), the Bureau of Immigration (BI),
the Office of Civil Defense (OCD), the Intelligence
Service of the Armed Forces of the Philippines
(ISAFP), the Philippine Center on Transnational
Crimes (PCTC), the Philippine National Police (PNP)
intelligence and investigative elements, the
Commission on Higher Education (CHED), and the
National Commission on Muslim Filipinos (NCMF)
shall serve as support agencies for the ATC.

The ATC shall formulate and adopt comprehensive,

adequate, efficient, and effective plans, programs, or
measures to prevent, counter, suppress and eradicate
the commission of terrorism in the country and to
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 33
 protect the people from such acts. In pursuit of said
mandate, the ATC shall create such focus programs to
prevent and counter terrorism as necessary, to ensure
the counterterrorism operational awareness of
concerned agencies, to conduct legal action and to
pursue legal and legislative initiatives to counter
terrorism, prevent and stem terrorist financing, and to
ensure compliance with international commitments to
counterterrorism-related protocols and bilateral and/or
multilateral agreements, and identify the lead agency for
each program, such as:
(a) Preventing and countering violent extremism
program – The program shall address the
conditions conducive to the spread of terrorism
which include, among other: ethnic, national, and
religious discrimination; socio-economic
disgruntlement; political exclusion; dehumanization
of victims of terrorism; lack of good governance;
and prolonged unresolved conflicts by winning the
hearts and minds of the people to prevent them
from engaging in violent extremism. It shall identify,
integrate, and synchronize all government and non-
government initiatives and resources to prevent
radicalization and violent extremism, thus reinforce
and expand an after-care program;
(b) Preventing and combating terrorism program – The
program shall focus on denying terrorist groups
access to the means to carry out attacks to their
targets and formulate response to its desired
impact through decisive engagements. The
program shall focus on operational activities to
disrupt and combat terrorism activities and attacks
such as curtailing, recruitment, propaganda,
finance and logistics, the protection of potential
targets, the exchange of intelligence with foreign
countries, and the arrest of suspected terrorists.
(c) International affairs and capacity building program
– The program shall endeavor to build the State’s
capacity to prevent and combat terrorism by
strengthening the collaborative mechanisms
between and among ATC members and support
agencies and facilitate cooperation among relevant
stakeholders, both local and international, in the
battle against terrorism; and
(d) Legal affairs program – The program shall ensure
respect for human rights and adherence to the rule
of law as the fundamental bases of the fight against
terrorism. It shall guarantee compliance with the
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 34

counterterrorism-related protocols and bilateral
and/or multilateral agreements.
Functions of the In pursuit of its mandate in the previous Section, the
Council Council shall have the following functions with due
regard for the rights of the people as mandated by the
(54; 46) Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-
measures against terrorists and acts of terrorism in
the country;
2. Coordinate all national efforts to suppress and
eradicate acts of terrorism in the country and
mobilize the entire nation against terrorism
prescribed in this Act;
3. 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;
4. Establish and maintain comprehensive data-base
information system on terrorism, terrorist activities,
and counter-terrorism operations;
5. 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;
6. Grant monetary rewards and other incentives to
informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for
the crime of terrorism or conspiracy to commit
terrorism;
7. Establish and maintain coordination with and the
cooperation and assistance of other nations in the
struggle against international terrorism; and
8. 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
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 35
same as well as with international commitments to
Nothing herein shall be interpreted to empower the ATC
to exercise any judicial or quasi-judicial power or
authority.
In pursuit of its mandate in the previous Section, the The functions of ATC are
ATC shall have the following functions with due regard expanded.
for the rights of the people as mandated by the
Constitution and pertinent laws:
(a) Formulate and adopt plans, programs and
preventive and counter-measures against terrorists
and terrorism in the country;
(b) Coordinate all national efforts to suppress and
eradicate acts of terrorism in the country and
mobilize the entire nation against terrorism
prescribed in this Act;
(c) Direct the speedy investigation and prosecution of
all persons detained or accused for any crime
defined and penalized under this Act;
(d) Monitor the progress of the investigation and
prosecution of all persons accused and/or detained
for any crime defined and penalized under the
provisions of this Act;
(e) Establish and maintain comprehensive database
information systems on terrorism, terrorist
activities, and counterterrorism operations;
(f) Enlist the assistance of and file the appropriate
action with the AMLC to freeze and forfeit the
funds, bank deposits, placements, trust
accounts, assets and property of whatever kind
and nature belonging (i) to a person suspected
of or charged with alleged violation of Sections
4 to 12 of this Act; (ii) between members of a
judicially declared and outlawed terrorist
organization or association as provided in
Section 26; (iii) to designated persons defined
under Section 3(E) of RA 10168; (iv) to an
individual member of such designated persons;
or (v) any individual, organization, association
or group of persons proscribed under Section
26;
(g) Grant monetary rewards and other incentives to
informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and
conviction of person or persons found guilty for
violation of any of the acts defined and
 said crimes. The Secretary of Justice shall penalized under Sections 4 to 12 of this Act;
assign a team of prosecutors from: (a) Luzon to Provided, That, no monetary reward shall be
handle terrorism cases filed in the Regional granted to informants unless the accused’s
Trial Court in Manila; (b) from the Visayas to demurrer to evidence has been denied or the
handle cases filed in Cebu City; and (c) from prosecution has rested its case without such
Mindanao to handle cases filed in Cagayan de demurrer having been filed;
Oro City. (h) Establish and maintain coordination with and the
cooperation and assistance of other states,
jurisdictions, international entities and
organizations in preventing and combating
international terrorism;
(i) Take action on relevant resolutions issued by
the UN Security Council acting under Chapter
VII of the UN Charter; and consistent with the
national interest, take action on foreign
requests to designate terrorist, individuals,
associations, organizations or group of persons;
(j) Take measures to prevent the acquisition and
proliferation by terrorists of weapons of mass
destruction;
(k) Lead in the formulation and implementation of a
national strategic plan to prevent and combat
terrorism;
(l) Request the Supreme Court to designate divisions
of the Court of Appeals or Regional Trial Courts to
handle all cases involving the crimes defined and
penalized under this Act;
(m) Require other government agencies, offices and
entities and officers and employees and non-
government organizations, private entities and
individuals to render assistance to the ATC in
the performance of its mandate; and
(n) Investigate motu proprio or upon complaint any
report of abuse, malicious application or
improper implementation by any person of the
provisions of this Act.
Role of the The Commission on Human Rights shall give the highest The CHR shall give the highest priority to the
The proposed legislation
Commission on priority to the investigation and prosecution of violations
investigation and prosecution of violations of civil and
removed the CHR’s concurrent
Human Rights of civil and political rights of persons in relation to the
political rights of persons in relation to the
jurisdiction to prosecute
implementation of this Act; and for this purpose, the implementation of this Act. persons who may have violated
(55; 47) Commission shall have the concurrent jurisdiction to the civil and political rights of
prosecute public officials, law enforcers, and other persons suspected of or
persons who may have violated the civil and political detained for the crimes defined
rights of persons suspected of, or detained for the and penalized.
crime of terrorism or conspiracy to commit
terrorism.
Creation of a There is hereby created a Grievance Committee None Not reproduced
grievance committee composed of the Ombudsman, as chair, and the
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 36
 Solicitor General, and an undersecretary from the
Department of Justice (DOJ), as members, to receive
and evaluate complaints against the actuations of the
police and law enforcement officials in the
implementation of this Act. The Committee shall hold
office in Manila. The Committee shall have three
subcommittees that will be respectively headed by the
Deputy Ombudsmen in Luzon, the Visayas and
Mindanao. The subcommittees shall respectively hold
office at the Offices of Deputy Ombudsman. Three
Assistant Solicitors General designated by the Solicitor
General, and the regional prosecutors of the DOJ
assigned to the regions where the Deputy Ombudsmen
hold office shall be members thereof. The three
subcommittees shall assist the Grievance Committee in
receiving, investigating and evaluating complaints
against the police and other law enforcement officers in
the implementation of this Act. If the evidence warrants
it, they may file the appropriate cases against the erring
police and law enforcement officers. Unless seasonably
disowned or denounced by the complainants, decisions
or judgments in the said cases shall preclude the filing of
other cases based on the same cause or causes of
action as those that were filed with the Grievance
Committee or its branches.
Ban on extraordinary No person suspected or convicted of the crime of No person suspected or convicted of the crimes defined The exception was removed.
rendition terrorism shall be subjected to extraordinary rendition to and penalized under the provisions of Sections 4 to 12
any country unless his or her testimony is needed for shall be subjected to extraordinary rendition to any
(57; 48) terrorist related police investigations or judicial trials country.
in the 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.
Extra-territorial Subject to the provision of an existing treaty of which the
Subject to the provision of any treaty of which the Filipinos who commit violations
application Philippines is a signatory and to any contrary provision
Philippines is a signatory and to any contrary provision under the proposed legislation
of any law of preferential application, the provisions of
of any law of preferential application, the provisions of may be prosecuted wherever
(58, 49) this Act shall apply: this Act shall apply: they may be.
(1) to individual persons who commit any of the crimes
(i) To a Filipino citizen or national who commits
defined and punished in this Act within the any of the acts defined and penalized under Non-Filipinos who violated the
terrestrial domain, interior waters, maritime zone,Sections 4 to 12 outside the territorial proposed legislation outside the
and airspace of the Philippines; jurisdiction of the Philippines; territorial limits of the
(2) to individual persons who, although physically (j) To individual persons who, although physically Philippines, they may be subject
outside the territorial limits of the Philippines, outside the territorial limits of the Philippines, to deportation or prosecution as
commit, conspire or plot to commit any of the commit any of the crimes mentioned in (a) inside if they committed the act in the
crimes defined and punished in this Act inside the the territorial limits of the Philippines; Philippines, regardless of
territorial limits of the Philippines; (k) To individual persons who, although physically extradition efforts.
outside the territorial limits of the Philippines,
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 37
 (3) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit any of the said crimes on board Philippine
ship or Philippine airship;
(4) to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine
government in an official capacity;
(5) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or
persons of Philippines descent, where their
citizenship or ethnicity was a factor in the
commission of the crime; and
(6) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine
government.
Joint Oversight There is hereby created a Joint Oversight Committee to
Committee oversee the implementation of this Act. The Oversight
Committee shall be composed of five members each
(59; 50) from the Senate and the House in addition to the
Chairs of the Committees of Public Order of both
Houses who shall also Chair the Oversight
Committee in the order specified herein. The
membership of the Committee for every House shall at
least have two opposition or minority members. The
Joint Oversight Committee shall have its own
independent counsel. The Chair of the Committee
shall rotate every six months with the Senate
chairing it for the first six months and the House for In the exercise of its oversight functions, the Joint
the next six months. In every case, the ranking
opposition or minority member of the Committee
shall be the Vice Chair. Upon the expiration of one
year after this Act is approved by the President, the require them to answer questions and submit written
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 38
commit any of the crimes mentioned in (a) on
board Philippine ship or Philippine airship;
(l) To individual persons who commit any of said
crimes mentioned in (a) within any embassy,
consulate, or diplomatic premises belonging to or
occupied by the Philippine government in an official
capacity;
(m) To individual person who, although physically
outside the territorial limits of the Philippines,
commit said crimes mentioned in (a) against
Philippine citizens or persons of Philippine descent,
where their citizenship or ethnicity was a factor in
the commission of the crime; and
(n) To individual persons who, although physically
outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine
government.
In case of an individual who is neither a citizen or a
national of the Philippines who commits any of the
crimes mentioned in (a) outside the territorial limits
of the Philippines, the Philippines shall exercise
jurisdiction only when such individual enters or is
inside the territory of the Philippines: Provided, That,
in the absence of any request for extradition from the
state where the crime was committed or the state
where the individual is a citizen or national, or the
denial thereof, the ATC shall refer the case to the BI
for deportation or to the DOJ for prosecution in the
same manner as if the act constituting the offense
had been committed in the Philippines.
Upon the effectivity of this Act, a Joint Congressional
The membership was increased
Oversight Committee is hereby constituted. The from 10 to 12.
Committee shall be composed of twelve (12)
members with the chairperson of the Committee on The proposed legislation no
Public Order of the Senate and the House of longer provides for an
Representatives as members and five (5) additional independent counsel for the
members from each House to be designated by the Committee.
Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be The rotation in the
entitled to a pro-rata representation but shall have at
Chairmanship of the Committee
least two (2) representatives in the Committee. is no longer provided.
The proposed legislation no
Congressional Oversight Committee shall have the longer requires that a member
authority to summon law enforcement or military officers of the opposition or minority sits
and the members of the ATC to appear before it, and as Vice Chair of the Committee.
 Committee shall review the Act particularly the reports of the acts they have done in the implementation The proposed legislation no
provision that authorize the surveillance of suspects of this Act and render an annual report to both Houses longer provides for the review
of or persons charged with the crime of terrorism. To of Congress as to its status and implementation. of the Act with regard to
that end, the Committee shall summon the police and authorizing surveillance of
law enforcement officers and the members of the Anti- suspected and charged
Terrorism Council and require them to answer questions persons.
from the members of Congress and to submit a written
report of the acts they have done in the implementation The submission of report by the
of the law including the manner in which the persons Committee must be done
suspected of or charged with the crime of terrorism annually, instead of
have been dealt with in their custody and from the date semiannually.
when the movements of the latter were subjected to
surveillance and his or her correspondences, messages, Said report no longer needs
conversations and the like were listened to or subjected include recommendations for
to monitoring, recording and tapping. Without prejudice reassessment, amendment, or
to its submitting other reports, the Committee shall repeal of the Act.
render a semiannual report to both Houses of
Congress. The report may include where necessary a Courts handling cases under
recommendation to reassess the effects of this Act are no longer required
globalization on terrorist activities on the people, to report the status of the cases
provide a sunset clause to or amend any portion of to the Congress and the
the Act or to repeal the Act in its entirety. The courts President.
dealing with anti-terrorism cases shall submit to
Congress and the President a report every six
months of the status of anti-terrorism cases that
have been filed with them starting from the date this
Act is implemented.
Protection of most None There shall be due regard for the welfare of any New provision
vulnerable groups suspects who are elderly, pregnant, persons with
disability, women and children while they are under
(None; 51) investigation, interrogation or detention.
Management of None The Bureau of Jail Management and Penology (BJMP) New provision
persons charged and the Bureau of Corrections (BUCOR) shall establish a
under this Act system of assessment and classification for persons
charged for committing terrorism and preparatory acts
(None; 52) punishable under this Act. Said system shall cover the
proper management, handling, and interventions for said
persons detained.

Persons charged under this Act shall be detained in

existing facilities of the BJMP and the BUCOR.
Trial of persons None Any person charged for violations of Sections 4 to 12 New provision
charged shall be tried in special courts created for this purpose.
In this regard, the Supreme Court shall designate certain
(None; 53) branches of RTCs as anti-terror courts whose
jurisdiction is exclusively limited to try violations of the
abovementioned provisions of this Act.

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 39

Implementing rules None
and regulations
(None; 54)
Separability clause If for any reason any part or provision of this Act is
declared unconstitutional or invalid, the other parts or
(60; 55) provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
Repealing clause All laws, decrees, executive orders, rules or regulations
or parts thereof, inconsistent with the provisions of this
(61; 56) Act are hereby repealed, amended, or modified
accordingly.
Saving clause None
(None; 57)
Special effectivity After the bill shall have been signed into law by the
clause President, the Act shall be published in three
newspapers of national circulation; three
(62; 58) newspapers of local circulation, one each in llocos
Norte, Baguio City and Pampanga; three newspapers
of local circulation, one each in Cebu, lloilo and
Tacloban; and three newspapers of local circulation,
one each in Cagayan de Oro, Davao and General
Santos city.
The title of the Act and its provisions defining the
acts of terrorism that are punished shall be aired
everyday at primetime for seven days, morning,
noon and night over three national television and
radio networks; three radio and television networks,
one each in Cebu, Tacloban and lloilo; and in five
radio and television networks, one each in Lanao del
Sur, Cagayan de Oro, Davao City, Cotabato City and
Zamboanga City. 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
COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 40
Persons charged under the provisions of this Act and
witnesses shall be allowed to remotely appear and
provide testimonies through the use of video-
conferencing and such other technology now known or
may hereafter be known to science as approved by the
Supreme Court.
The ATC and the DOJ, with the active participation of New provision
police and military institutions, shall promulgate the rules
and regulations for the effective implementation of this
Act within ninety (90) days after its effectivity. They shall
also ensure the full dissemination of such rules and
regulations to both Houses of Congress, and all officers
and members of various law enforcement agencies.
If for any reason any part or provision of this Act is Same
declared unconstitutional or invalid, the other parts or
provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
RA 9372 otherwise known as the “Human Security The proposed legislation seeks
Act of 2007” is hereby repealed. All laws, decrees, to repeal and replace RA 9372.
executive orders, rules or regulations or parts thereof,
inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.
All judicial decisions and orders issued, as well as New provision
pending actions relative to the implementation of RA
9372 prior to its repeal shall remain valid and effective.
This Act shall take effect fifteen (15) days after its The proposed legislation no
complete publication in the Official Gazette or in at longer provides for an
least two (2) newspapers of general circulation. expanded publication of the Act
ensuring the widest possible
publication. It no longer requires
airing through national TV and
radio networks.
The proposed legislation no
longer provides for suspension
of the Act one month before
and two months after the
holding of any election.
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.

COMPARING THE PROPOSED ANTI-TERRORISM BILL AND THE HUMAN SECURITY ACT OF 2007 by NICO B. VALDERRAMA | 41