MSC 211B- Transnational Crimes and Violent Extremism

Republic Act 11479 also known as “Anti-Terrorism Act of 2020”

(Sections 1-20)
A SWOT Analysis

January 8, 2021
Introduction to the Republic Act 11479 also known as Anti-Terrorism

Act of 2020

President Rodrigo Roa-Duterte has officially signed on July 3, 2020 the

Republic Act No. 11479 or the Anti-Terrorism Act 2020. This is a law that

seeks to prevent, prohibit, and penalize terrorism. The act has repealed the
1
old anti-terrorism law known as the “Human Security Act” and already

took effect in the country.

The Anti-Terrorism Act took effect on July 22, 2020, fifteen (15) days after

its complete publication in the Manila Bulletin on July 6, 2020. As of August

6, 2020, twenty-five (25) petitions seeking to declare the Anti-Terrorism Act

unconstitutional, either partially or in its entirety have been filed with the

Supreme Court of the Philippines.

1
Republic Act No. 9372, An Act to Secure the State and Protect our People from Terrorism (“Human Security Act”)
But what makes this law controversial and why it is being opposed are

because of provisions deemed unconstitutional and the broad definition of

acts of terrors in the new law. The new law did not only expand and or

provide new definition of terrorism; previously, the Human Security Act of

2007 only defined and penalized the crime of terrorism and conspiracy to

commit terrorism, while there are added provisions in the new Anti-

terrorism Act of 2020.

Salient Provisions: Acts of Terrorism Defined

Under the new Anti-Terrorism Act of 2020, terrorism is committed by any

person who, within or outside of the Philippines and regardless of the stage

of execution:

1. Engages in the acts intended to cause death or serious bodily harm

to any person, or endangers a person’s life;

2. Engages in the acts intended to cause extensive damage to the

government or public facility, public place or private property;

3. Engages in the act intended to cause extensive interference with,

damage or destruction of critical infrastructure;

4. Develops, manufactures, possesses, acquires, transports, supplies or

uses weapons, explosives or of biological, nuclear, radiological or

chemical weapons; and

 5. Release of dangerous substances, causing of fire, floods and

explosions.

When the purpose of such act, by its nature context, is to intimidate the

general public or a segment thereof, create an atmosphere or spread a

message of fear, to provoke or influence by intimidation the government or

any international organization, or seriously destabilize or destroy

fundamental political, economic, social structures of the country, create a

public emergency or seriously undermine public safety shall be guilty of

committing terrorism and shall suffer the penalty of life imprisonment

without the benefit of parole and the benefit of Republic Act No. 10592

otherwise known as “An act amending articles 29, 94, and 99 of Act 3815,

as amended, otherwise known as the Revised Penal Code”. Provided, that

terrorism as defined above shall 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. 2

Punishable Acts and its Penalties

2
Anti-Terrorism Act of 2020 , Section 4
Under the new law, the following are now also penalized for twelve (12)

years imprisonment:

1. Threat to commit terrorism, 3

2. Proposal to commit terrorism, 4

3. Inciting to commit terrorism,5

4. 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 proscribe under section 26 of the act,

or designated by the UN Security Council as a terrorist organization or

6
organized for the purpose of engaging in terrorism,

5. Those who engage in the act of Providing Materials to support

Terrorists. 7

6. Accessory of the crimes as defined and penalized under Section 4 of

the act, without having participated therein, takes part subsequent to its

commission in any of the following manner:

(a) By profiting himself/herself or assisting the offender to profit by the

effects of the crime,

3
Anti-Terrorism Act of 2020, Section 5
4
Anti-Terrorism Act of 2020, Section 8
5
Anti-Terrorism Act of 2020, Section 9
6
Anti-Terrorism Act of 2020, Section 10, paragraph 3
7
Anti-Terrorism Act of 2020, Section 12
 (b) By concealing or destroying the body of the crime, or effects or

instruments thereof, in order to prevent its discovery; or

(c) Harboring, concealing or assisting in the escape the principal or the

conspirator of the crime. 8

While, any person guilty of the following acts shall suffer the penalty of life

imprisonment without the benefit of parole and the benefit of Republic Act

10592:

1. Planning, Training, and Facilitating the Commission of Terrorism, 9

2. Conspiracy to commit Terrorism, 10

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3. Recruitment to and Membership in a Terrorism,

The Act also applies to any people who, although physically outside the

territorial limits of the Philippines, commit the crime against Philippine

citizens or persons of Philippine descent, where the citizenship or ethnicity

was a factor in the commission of the crime or commit said crime directly

against the Philippine government. In such a case, the Philippines may

exercise jurisdiction only when the individual enters or is inside Philippine

territory.

8
Anti-Terrorism Act of 2020, Section 14

9
Anti-Terrorism Act of 2020, Section 6
10
Anti-Terrorism Act of 2020, Section 7
11
Anti-Terrorism Act of 2020, Section 10
Other Significant provisions that are being opposed

1. Designation and freezing of assets of designated terrorist

individual, groups of persons, organizations, or associations.

Under the Anti-Terrorism Act, the Anti-Terrorism Council (ATC), may

“designate” as a terrorist an individual, group of persons,

organizations, or associations, upon its own finding of probable cause

that such person/s commit, attempt to commit, or conspire in the

commission of the specified acts of terrorism. The assets of any

designated individual, group, organization, or association shall be

subject to the Anti-Money Laundering Council’s authority to freeze

assets. The freeze order shall be effective for a period not exceeding

twenty (20) days and may be extended up to a period of not exceeding

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six (6) months upon the order of the CA.

2. Warrantless Arrest and Longer Detention period. Wherein the

suspected person or person tagged as terrorist may be arrested

without warrant upon the written authority executed by the

Anti-Terrorism Council (ATC). Thus, a prior warrant of arrest issued by

12
C&G Law, Anti-Terrorism signed into law, August 7, 2020
https://www.lexology.com/library/detail.aspx?g=1248f2ef-8642-4a7d-83f7-2b64e9413aae
 the judge is not necessary. Moreover, the police or the law

enforcement officer authorized by ATC, and who without warrant has

taken the person charged or suspected with terrorism in custody shall

without incurring criminal liability may detain such person for a period

of fourteen (14) days from apprehension that can be extended up to a

maximum period of ten (10) days. The law does not require the

presentation of person charged or suspected terrorist before a judge

prior to detention. It only requires the law enforcement officer to notify

the judge of the court nearest the place of apprehension as to the

time, date and manner of arrest, the location where the suspect is

being detained and what is his/her mental condition. This becomes

one of the most controversial provision that petitioners, opposing the

new law, wanted to nullify as the said provision is seen as

unconstitutional, differing from the three (3) days safeguard that our

constitutional provides.

3. Longer period and extended coverage of Surveillance and

Interception of Communications. “Upon a written order from the

Court of Appeals, private communications, data, and information of

 any person charged with or suspected of committing terrorism may be

wiretapped, intercepted, recorded, or collected. “ 13

Beforehand, the Human Security Act of 2007 has provided that

through its authorizing division, it may issue a written order to place a

person suspected of doing the act of terrorism under surveillance for a

period of thirty (30) days, extendible for another non-extendible thirty

(30) days. Whereas, under the Anti-terrorism act, provides sixty (60)

days of initial surveillance period which may be renewed or extended

for another non-extendible thirty (30) days provided that the issuing

court is satisfied that the extension is in public interest and that it is

authorized by the ATC in writing.

4. “Removal of award for damages in case of acquittal – Under the

Human Security Act, upon acquittal, any person who is accused of

terrorism shall be entitled to the payment of damages in the amount of

PHP500, 000 for every day that he or she has been detained or

arrested. This provision was omitted from the Act and hence no longer

applies.” (Lim, A. & Sy, F. 2020) 14

13
ZICO Law, Philippine Anti-Terrorism Law enacted, August 11, 2020
https://www.zicolaw.com/resources/alerts/philippine-new-anti-terrorism-law-enacted/
14
Lim, A. & Sy, F., C&G Law, Anti-Terrorism signed into law, August 7, 2020
https://www.lexology.com/library/detail.aspx?g=1248f2ef-8642-4a7d-83f7-2b64e9413aae
 A. Strengths of this Act

 It addresses the flaws of Human Security Act of 2007.

The government has made an important step to address the flaws

and repeal the Human Security Act of 2007 that is severely

underutilized to further boost the government’s policies against

terrorist activities.

 A law that directly punishes acts categorized as terrorist

activities. Since before the creation of the law whenever terrorists

are being captured, they are penalized of crimes falling under the

Revised Penal Code. As a result, apprehended individuals that are

proven to be involved in the terroristic activities becomes liable of

cases like illegal possession of firearms, or under other special laws

other than terrorism. Wherein, penalties sometimes do not suffice or

does fit to the current and prevailing circumstances.

 A more discerning mechanism to deter threats of terrorism.

Our country remains the only Southeast Asian country which ranked

in the top ten countries most impacted by terrorism, even climbing up

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to the ninth spot in the 2019 Global Terrorism Index. Thus, as one
15
CNN Philippines, Global Terrorism Index
 of the most afflicted country, undertaking stricter measures against

terrorism including foreign ones and imposition of heavier penalties

would help deter and protect our people from the threats and danger

terrorism brings. Moreover, this will also serve as mechanism to fight

and curb terroristic activities.

B. Its Weaknesses

 While in view of the foregoing, its weakness lies on while the act

tends to strengthen the imposition of tougher penalties and provide

safeguards to the peace and order of the country, it does not, just like

the old law reinforce or provide offender's rehabilitation program

significant to identify the causes and eventually address it to stem

extremist ideologies. Specifically on minors apprehended because of

participating terroristic activities, since they are the typical target of

terrorists to brainwash as victim of circumstances.

 Likewise, the act includes extending the period of surveillance by the

law enforcement agencies to suspected terrorists. Yet, it does not

include provision that will strengthen or improve our intelligence and

data-gathering capacity. Considering that international terrorists are

https://www.cnnphilippines.com/news/2019/11/21/ph-global-terrorism-index-2019.
 highly trained when it comes to modernization and recent

technologies.

C. Opportunities it provides

The newly passed law shows the seriousness of the government to

address terrorism and certainly paves a way to opportunities of

improvement and strengthening in terms of prevention and control,

peace and order, and managing public safety of the country in its fight

against terrorism. If proven to be successful in its implementation,

stability in peace and order of our country would also provide

opportunity on economic growth.

D. Impending Threats

 Ambiguous and sweeping definition of what constitutes act of

terrorism. This makes the law susceptible to various interpretations.

Hence, it can be used for unbridled discretion to select or target

individuals and government’s abuse of authority (e.g. tagging the

government critiques or those who have legitimate advocate of good

governance as terrorist). Thus, the act will also provide law enforcers

with broad powers to determine and tagged someone’s activity as act

 of terrorism, shifting the burden of proof to suspected individuals and

organizations.

 Arbitrary arrests and longer detention without charges. If utilized

to target individuals or for personal interests, given that warrantless

arrest and pro-long period of detention is allowed, the law has the

tendency to open the door to arbitrary arrests and long prison

sentences for people or representatives of organizations.

 Separation of power of the three branches of the government.

The government should consider among them to coordinate in clear

manner when it comes to delineating the power given to the Anti-

Terrorism Council (ATC) to prevent uproar due to the said violation in

the principle of separation of power of the three branches of the

government. Specifically on the issuance of warrants of arrest that is

ideally an exclusive prerogative of the Judicial Department.

Conclusion

The anti-terrorism act of 2020 demonstrates the seriousness of the

government to fight against terrorism and its now modern activities.

Despite surrounding issues on constitutionality, the anti-terrorism act if

implemented with fair and objective judgement along with proper

demarcation of what constitutes act of terrorism will strike a balance

between effectiveness in responding to the threat of terrorism and

protecting basic human rights principles. Hence, the concern probably

is not the law per se, but rather on strict and the proper implementation of

the law and the assurance that the Constitution shall remain as the

fundamental guarantee of our protections and liberties.

References:

 C&G LAW. Retrieved October 21, 2020 from

https://www.lexology.com/library/detail.aspx?g=1248f2ef-8642-4a7d-83f7-
2b64e9413aae

 Human Security Act of 2007. Retrieved October 11, 2020 from

https://www.officialgazette.gov.ph/2007/03/06/republic-act-no-9372/

  Republic Act 11479. Retrieved October 11, 2020 from

https://www.officialgazette.gov.ph/downloads/2020/06jun/20200703-RA-
11479- RRD.pdf

  ZICO Law. Retrieved October 16, 2020 from

https://www.zicolaw.com/resources/alerts/philippine-new-anti-terrorism-law-
enacted/