HUMAN SECURITY ACT OF 2007

R.A. No. 9372

SALIENT FEATURES:

I. Definition of Terrorism

i. Any person who commits an act punishable under any of the

following provision of the Revised Penal Code:

a. Art. 212 (Piracy in General and Mutiny in the High Seas)

b. Art. 134 (Rebellion or Insurrection)
c. Art. 134-A (Coup detat)
d. Art. 248 (Murder)
e. Art. 267 (Kidnapping and Serious Illegal Detention)
f. Art. 324 (Crimes Involving Destruction) or

Under:

g. PD 1613 (Law on Arson)

h. RA No. 6969 (Toxic Substance)
i. RA No. 6235 (Anti-Hijacking Law)
j. RA No. 5207 (Atomic Energy)
k. PD 532 (Anti-Piracy & Anti-Highway Robbery)
l. PD 1866 (Illegal Possession of Firearms)

thereby sowing and creating a condition of widespread and extraordinary fear

and panic among the populace, in order to coerce the government to give in
to an unlawful demand shall be guilty of the crime of terrorism.

II. Penalty

i. 40 years of imprisonment
ii. Without the benefit of parole

III. Anti-Terrorism Council

Composition:

i. Executive Secretary - Chairperson

ii. Secretary of Justice - Vice-Chairperson
iii. Secretary of Foreign Affairs
iii. Secretary of National Defense
iv. DILG Secretary
v. Secretary of Finance
vi. National Security Adviser

IV. Extraterritorial Application

To whom applicable?

i. to individual persons who commit any of the crimes defined and

punished in this Act within the terrestrial domain, interior water,
maritime zones, airspace of the Philippines;

ii. to individual persons who, although physically outside the

territorial limits of the Philippines, commit, conspire, or plot to
commit any of the crimes defined and punished in this act
inside the territorial limits of the Philippines;

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 iii. to individual persons who although physically outside the
territorial limits of the Philippines commit any of the said crimes
on board Philippine ship or airship;

iv. 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;

v. to individual persons who, although physically outside the

territorial limits of the Philippines, commit said crimes against
citizens or persons of Philippine descent;

vi. to individual persons, although physically outside the territorial

limits of the Philippines commit said crimes directly against the
Philippine government.

V. Surveillance of Suspects

i. does not violate RA No. 4200 (Anti-Wire Tapping Law), provided:

- police/law enforcement officials and members of his team is

armed with a written order from the authorizing division of the
Court of Appeals to track down, listen to, intercept and record
with the use of any mode, form, kind or type of surveillance
equipment;

ii. No surveillance, interception and recording of communications

between lawyers and clients, doctors and patients, journalists
and their sources, and confidential business correspondence.

VI. Effectivity of Judicial Authorization

i. for the length of time specified in the written order

ii. shall not exceed a period of 30 days from date of receipt of the
written order by the applicant police or law enforcement official

VII. Period of Detention Without Judicial Warrant of Arrest

i. 3 days from arrest or taken into custody

ii. Police/law enforcement personnel before detaining the
suspended person shall present the latter before a judge

VIII. Proscription of Terrorist Organization

i. DOJ to apply before RTC

ii. Organization, association, or group of persons given with due
notice and opportunity to be heard
iii. Be declared as a terrorist and outlawed organization,
association, or group of persons by the RTC

IX. Examination of Bank Deposits

i. there must be a written order of the Court of Appeals

ii. application ex-parte
iii. the owner of bank deposits has the right to be informed of such
examination
iv. the court authorization to examine bank accounts shall not
exceed a period of 30 days from date of receipt of written order
by application
v. renewal of authorization
- another 30 days from the expiration of the original period

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 vi. period to file case 30 days after the termination of the period

X. Seizure and Sequestration of Bank Deposits

Belonging to whom?

1. to any person suspected of or charged before RTC for the crime

of terrorism or the crime of conspiracy to commit terrorism
2. to a judicially declared and outlawed organization, association,
group
3. to a member of such organization, association, or group

XI. Disposition of Seized, Sequestered, Frozen Bank Deposits

i. if found innocent/acquitted/case dismissed

- the seizure, sequestration, and freezing deemed lifted

- bank deposits deemed released from seizure and shall be
restored to him without delay
- filing of appeal or motion for reconsideration shall not stall the
release of funds from seizure

ii. if convicted by final judgment

- automatically forfeited in favour of the government

iii. damages for unproven charge

- P500,000/day for the period his property/funds were detained