Republic of the Philippines

Palawan State University

School of Law

“Anti-Terror Memorandum”

Presented to Atty. Julius M. Concepcion

In Partial Fulfillment for the Course Subject Legal Writing

by:

Manlavi, Girlee N.

Bachelor of Law Student

Second Year

April 2021

Republic Act 11479, also known as Anti-Terrorism Act of 2020

Facts: Anti-Terrorism Act’s primordial objective is to prevent, prohibit, and penalize terrorism.
This is in connection to the declared policy of the state to protect, life, liberty, and property from
terrorism and to make the same crime against the Filipino people, against humanity, and against
the Law of Nations.

Among the acts considered as terrorism are; engagement to activities intended to cause death or
serious bodily injury to any person, or endangers a person’s life, extensive damage or destruction
to a government or public facility, public place, or private property, develops, manufactures,
possesses, acquires, transports, supplies or uses weapons, explosives, or of biological, nuclear,
radiological or chemical weapons. The Act likewise provides penalty to those who shall threat to
commit terrorism, planning, training, preparing, and facilitating the commission of terrorism, any
conspiracy to commit terrorism, proposal to commit, inciting to commit terrorism, recruitment to
and membership in a terrorist organization, and performing any other act with the intention of
facilitating or promoting the recruitment to serve in any capacity in or with such armed force.

A law enforcement agent or military personnel may, upon a written order of the Court of
Appeals, secretly wiretap, overhear, and listen to, intercept, screen, read, surveil record, or
collect with the use of any mode, form, kind, or type of electronic, device, or any equipment any
private communications, conversations, discussions, or information between members of a
judicially declared and outlawed terrorist organization. Any evidence secured in violations of
these is inadmissible in any judicial, quasi-judicial, legislative, or administrative proceeding,
investigation, hearing, or inquiry.

The Act outlines the rights of a person under custodial detention. Rights as what enshrined in the
Constitution, such as right to be informed the nature and cause of the accusation against him/her,
to remain silent and to have own competent counsel preferably of his own choice, and if he/she
cannot afford the services of a counsel, he/ she will be provided with one. Furthermore, the
arrested or detained individual is allowed to communicate freely with his/her legal counsel and to
his/her family members without restrictions. A penalty of imprisonment of ten years shall be
imposed to any law enforcement that will violate the said rights. The “Anti-Torture Act of 2009”
at any time during the investigation or interrogation is also reiterated.

Issues: Whether or not the acts considered as terrorism are such as engagement to activities
intended to cause death or serious bodily injury to any person is violative of the right of speech
and expression and right to peaceably assemble under the Bill of Rights.

The law is
Citation is necessary