THE ANTI TERRORISM ACT

On July 3, 2020, President Rodrigo R. Duterte signed into law Republic Act No. 11479 or The
Anti- Terrorism Act of 20201 (“Anti-Terrorism Act”). The Anti-Terrorism Act repealed the
Human Security Act of 2007 (“Human Security Act”),2 which was previously the governing law
on acts of terrorism in the Philippines. 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.

We summarize below the salient provisions of the Anti-Terrorism Act:

1.Acts of terror defined

Under the Anti-Terrorism Act, terrorism is committed by any person who, within or outside of
the Philippines, and regardless of the stage of execution:

Engages in acts intended to cause death or serious bodily injury to any person, or endangers a
person’s life;

Engages in acts intended to cause extensive damage or destruction to a government or public

Engages in acts intended to cause extensive interference with, damage or destruction to critical
infrastructure;

Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives

Release of dangerous substances, or causing fire, floods or explosions

when the purpose of such act, by its nature and 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 the fundamental political, economic, or social structures of the country, or create a
public emergency or seriously undermine public safety.

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.
Compared to the acts of terrorism under Human Security Act, the acts under the Anti-Terrorism
Act need not be done “in order to coerce the government to give in to an unlawful demand.”

2.Specific stages of terrorism punished

While the Human Security Act defined and penalized the crime of terrorism and conspiracy to
commit of terrorism, the Anti-Terrorism Act added the following acts which are now penalized
under the Anti- Terrorism Act:

Threat to commit terrorism;

Planning, Training, Preparing, and Facilitating the commission of terrorism;

Conspiracy to commit terrorism;

Proposal to commit terrorism;

Inciting to commit terrorism;

Recruitment to and Membership in a terrorist group; and

Providing Material Support to Terrorists.

3.Longer period and extended coverage of surveillance

Previously, the Human Security Act provided that the Court of Appeals (“CA”), through its
authorizing division, may issue a written order to “track down tap, listen to, intercept, and
record communications, messages, conversations, discussions, or spoken or written words of
any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism”
for a period of thirty (30) days, extendible by the CA for another non-extendible thirty (30)
days.

Under the Anti-Terrorism Act, the initial period of surveillance which may be ordered by the CA,
upon a finding that any of the specified acts of terrorism has been or is being committed, is
sixty (60) days, which may be renewed or extended for another non-extendible thirty (30) days.

The Anti-Terrorism Act also requires the law enforcement agent or military personnel
concerned to file an ex-parte application with the CA for the issuance of an order to compel
telecommunications or internet service providers to produce all customer information and
identification records, including 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 law.
The Human Security Act previously granted the person placed under surveillance or whose
communications, letters, papers, etc. have been monitored the right to be informed of the acts
done by law enforcement authorities in the premises, or to challenge the legality of the
interference before the CA. The Anti-Terrorism Act does not contain a similar provision, which
suggests that the person placed under surveillance no longer has the right to be informed of
the acts done by the law enforcement authorities in the premises and to challenge the legality
of the interference.

4.Designation and freezing of assets of designated terrorist individual, groups of persons,

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

5.Detention without Judicial Warrant of Arrest

Under the Human Security Act, any police or law enforcement officer authorized by the ATC,
and who, without a warrant, has taken custody of a person charged with or suspected of
terrorism, shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authority, deliver the charged or suspected person to the proper
judicial authority within a period of three (3) days from the moment of apprehension, arrest,
and detention.20 The police or law enforcement personnel are required to present the person
charged with or suspected of terrorism before any judge prior to the detention.

Under the Anti-Terrorism Act, the police or law enforcement officer who has taken custody of
the person suspected of terrorism may detain such person for a period of fourteen (14) days
from apprehension or arrest, and the period of detention may be extended by a maximum
period of ten (10) days. The Anti- Terrorism Act does not require the presentation of the person
charged with or suspected of terrorism before a judge prior to detention, but requires only that
the apprehending law enforcement agent or officer notify the judge of the court nearest the
place of apprehension of the time, date, and manner of arrest, the location of the detained
suspect, and the physical and mental condition of the suspect.

6.Restriction on the Right to Travel

Under the Anti-Terrorism Act, the investigating prosecutor may, prior to the filing of an
information for any violation of the law, apply for the issuance of a precautionary hold
departure order with the Regional Trial Court (“RTC”).
Upon the filing of the information, the prosecutor shall apply for a hold departure order against
the accused. In cases where evidence of guilt is not strong, and the person charged is entitled
to and granted bail, the prosecutor may apply with the court to limit the right to travel of the
accused within his/her city or municipality of residence, or where the case is pending.

The accused may also be placed under house arrest during which the accused 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.

7.Deletion of award of damages to persons acquitted of charges of terrorism

Under the Human Security Act, if a person suspected or charged with any defined act of
terrorism is found to be innocent after investigation, or is acquitted after his arraignment, or if
the case against him is dismissed before arraignment, any order of seizure, sequestration, and
freezing shall be deemed lifted.28 Furthermore, in the case of acquittal or dismissal of the
charges against him or her, the amount of PhP 500,000.00 per day for the period during which
his properties, assets, or funds, were seized, shall be paid to him in the concept of liquidated
damages.

Similarly, any person who is accused of terrorism shall, upon his acquittal, be entitled to the
payment of damages in the amount of PhP 500,000.00 for every day that he was detained or
deprived of liberty or arrested without a warrant as a result of the accusation.

These provisions were not been reproduced in the Anti-Terrorism Act.

8.Change in penalties for the misconduct of public officers

The Anti-Terrorism Act reduced or changed the penalties for some of the acts which were
similarly provided for under the Human Security Act.

For example, the penalty for any person who knowingly furnishes false testimony, forged
documents or spurious evidence in any investigation or hearing has been reduced from
imprisonment from twelve (12) years and one (1) day to twenty (20) years31 to imprisonment
of six (6) years.

On the other hand, the penalty for the destruction by any person, law enforcement agent or
military personnel of tapes, discs, and other storage devices has been changed from a penalty
of six (6) years and one (1) day to twelve (12) years of imprisonment to a straight penalty of
imprisonment of ten (10) years.

9.Role of the Commission of Human Rights

The Anti-Terrorism Act mandates the Commission on Human Rights (“CHR”) to give the highest
priority to the investigation and prosecution of violations of civil and political rights in relation
to the implementation of the law.34 However, the Anti-Terrorism Act removed the concurrent
jurisdiction of the CHR to prosecute public officials, law enforcers, and other persons who may
have violated the civil and political rights of persons suspected of, or charged with, the crime of
terrorism, which jurisdiction was expressly provided for in the Human Security Act.

10.Designation of Anti-Terror Courts

The Anti-Terrorism Act provides that persons charged with violations of any defined acts shall
be tried in special courts designated by the Supreme Court and whose jurisdiction is limited
exclusively to violations under this law.