RA 9372: HUMAN SECURITY ACT OF 2007 5. Article 267.

Kidnapping and Serious

By: Francise Mae M. Mordeno Illegal Detention

6. Article 324. Crimes Involving

 WHO ARE CONSIDERED TERRORIST GROUPS
Destruction, or under
OR ASSOCIATIONS?
 Any organization, association, or group of
persons:
1. organized for the purpose of
a) PD1613: The Law on Arson
engaging in terrorism, or which,

2. although not organized for that

purpose:
b) RA 6969: Toxic Substances and
a. actually uses the acts to
Hazardous and Nuclear Waste Control
terrorize mentioned in this Act of 1990
Act or

b. to sow and create a condition

of widespread and
c) RA 5207:Atomic Energy Regulatory and
extraordinary fear and panic Liability Act of 1968
among the populace in order
to coerce the government to
give in to an unlawful demand
d) RA 6235: Anti-Hijacking Law

 How are they declared as terrorists?

 upon application of the Department of
Justice before a competent Regional e) PD 532: Anti-Piracy and Anti-Highway
Trial Court Robbery Law of 1974

 with due notice and opportunity to be

heard given to the organization,
association, or group of persons
concerned
 ACTS PUNISHED UNDER THIS ACT
f) PD 1866: Decree Codifying the Laws on
Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions
or Explosives, as amended

(1) Sec. 3. Commission of any of the following

acts punishable under any of the following
provisions of the Revised Penal Code:

Thereby:
1. Article 122. Piracy in General and Mutiny a. sowing and creating a condition of
in the High Seas or in the Philippine widespread and extraordinary fear
Waters and panic among the populace

b. in order to coerce the government to

give in to an unlawful demand
2. Article 134. Rebellion or Insurrection

(2) Sec. 4. Conspiracy to commit the crime of

terrorism
3. Article 134-a. Coup d' Etat, including acts
committed by private persons;  There is conspiracy when two or more
persons come to an agreement
concerning the commission of the
crime of terrorism as defined in
4. Article 248. Murder Section 3 hereof and decide to commit
the same.

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 PERSONS LIABLE
1. Those who will commit the enumerated
acts under Sec 3
2. Persons who will conspire to commit the
crime of terrorism
3. Accomplice
 Any person who, not being a
principal under Article 17 of the
Revised Penal Code or a conspirator
as defined in Section 4 hereof,
cooperates in the execution of either
the crime of terrorism or conspiracy
to commit terrorism by previous or
simultaneous acts
4. Accessory
GR: Any person who:
 having knowledge of the commission
of the crime of terrorism or conspiracy
to commit terrorism, and
 without having participated therein,
either as principal or accomplice
 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,
XPN: 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,
XPN TO XPN: accessories falling within the
provisions of subparagraph (a).
 MANNER OF ACQUIRING EVIDENCE AGAINST
SUSPECTS
1. Surveillance of Suspects and Interception
and Recording of Communications
2. Examine Bank Deposits, Accounts, and
Records
(1) Surveillance of suspects and interception
and recording of communications
 AUTHORIZED ACTS:
Listen to, intercept and record, with the use of
any mode, form, kind or type of electronic or
other surveillance equipment or intercepting
and tracking devices, or 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.
X NOT AUTHORIZED: surveillance,
interception and recording of
communications between :
1. lawyers and clients,
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 2. doctors and patients,

3. journalists and their sources and (c) that there is no other effective
means readily available for
4. confidential business acquiring such evidence.
correspondence

o Who can grant such authorization? o Effectivity of the court order

 Court of Appeals

 length of time specified in the written order

BUT shall not exceed 30 days from the date of
o Who are authorized to examine bank receipt of the written order by the applicant
accounts? police or law enforcement official.

1. any police or law enforcement officer

and  Extension = another non-extendible period,
which shall not exceed thirty (30) days from
the expiration of the original period

2. the members of his/her team duly o Who will file the case?
authorized in writing by the Anti-
Terrorism Council  the applicant police or law enforcement
official

o How to acquire court order?

1. upon an ex parte written application of

a police or of a law enforcement official
who has been duly authorized in
writing by the Anti-Terrorism Council
o When to file the case?
 30 days after the termination of the period
granted by the Court of Appeals within
which to file the appropriate case

2. upon examination under oath or

affirmation of the applicant and the
witnesses he may produce to establish: o Where to file the case?

 before the Public Prosecutor's Office for any

violation of this Act.
(a) that there is probable cause to
believe based on personal
knowledge of facts or
circumstances that the said crime
o What if no case was filed within 30 days?
of terrorism or conspiracy to
commit terrorism has been
committed, or is being committed,  the applicant police or law enforcement
or is about to be committed; official shall immediately notify the person
subject of the surveillance, interception and
recording of the termination of the said
surveillance, interception and recording.
(b) that there is probable cause to
believe based on personal
knowledge of facts or
circumstances that evidence,
which is essential to the
conviction of any charged or o Custody of Intercepted and Recorded
suspected person for, or to the Communications
solution or prevention of, any
such crimes, will be obtained; and,

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  Within 48 hours after the expiration of the 3. of any member of such organization,
period association, or group of persons

1. fixed in the written order

2. any extension or renewal granted

o When may examination of bank accounts be

authorized?
 be deposited with the authorizing
Division of the Court of Appeals

If there exists a probable cause in a hearing

called for that purpose that:
 in a sealed envelope or sealed package,
as the case may be, and

1. a person charged with or suspected of

the crime of terrorism or, conspiracy to
 shall be accompanied by a joint commit terrorism,
affidavit of the applicant police or law
enforcement official and the members
of his team.
2. of a judicially declared and outlawed
terrorist organization, association, or
group of persons; and

(2) EXAMINE BANK DEPOSITS, ACCOUNTS, AND

RECORDS 3. of a member of such judicially declared
and outlawed organization, association,
or group of persons

o Authorized acts:

1. examine, or cause the examination of, the o Who can grant such authorization?
deposits, placements, trust accounts, assets
and records in a bank or financial institution;  Same with manner # 1
and

o Who are authorized to examine bank

2. gather or cause the gathering of any relevant accounts?
information about such deposits, placements,
trust accounts, assets, and records from a 1. any police or law enforcement officer and
bank or financial institution

2. the members of his/her team duly

authorized in writing by the anti-terrorism
council
o Whose accounts may be examined?

1. of a person charged with or suspected of the

crime of terrorism or conspiracy to commit
terrorism;
o How to acquire court order?

2. of any judicially declared and outlawed

terrorist organization, association, or group of 1. upon an ex parte application to that effect
persons, or of a police or of a law enforcement official
who has been duly authorized in writing

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 to file such ex parte application by the o Custody of Intercepted and Recorded
Anti-Terrorism Council, and Communications

 Same with manner #1

2. 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  RULES REGARDING THE DETENTION PERIOD
bank deposits, placements, trust accounts, OF THE ACCUSED:
assets, and records

A. NO JUDICIAL WARRANT OF ARREST = 3

DAYS

o Effectivity of the court order

The police or law enforcement personnel shall,

 length of time specified in the written order
BUT shall not exceed 30 days from the date
of receipt of the written order by the
applicant police or law enforcement official.
 1st Extension = shall not exceed thirty (30)
days from the expiration of the original
period
 2nd Extension = another 30 days
present person suspected of the crime of terrorism,
before any judge at the latter's residence or office
the police or law enforcement personnel shall
notify in writing the judge of the court nearest the
place of apprehension or arrest
deliver said charged or suspected person to the
proper judicial authority within a period of 3 days
counted from the moment the said charged or
suspected person has been apprehended or
arrested, detained, and taken into custody by the
said police, or law enforcement personnel:

B. IN THE EVENT OF AN ACTUAL OR

IMMINENT TERRORIST ATTACK

o Who will file the case?

1. If connection of the suspect to the
 Same with manner #1 terror attack or threat is not
established within 3 days after
detention = release!!!

o Where to file the case?

 Same with manner #1 2. if connection is established = detain!

o What if no case was filed within 30 days?

 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

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 RIGHTS OF THE ACCUSED: B. AFTER ACQUITTAL

A. BEFORE ACQUITTAL/ WHILE CASE IS STILL 1. payment of damages in the amount of Five
PENDING: hundred thousand pesos (P500,000.00) 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.
1. to be informed of the nature and cause of
his arrest,

2. right of the acquitted accused to file criminal

or administrative charges against those
2. to remain silent and responsible for charging him with the case of
terrorism.

3. to have competent and independent

counsel preferably of his choice.

 APPLICABILITY OF THE REVISED PENAL

CODE.
4. informed of the cause or causes of his
detention in the presence of his legal
counsel;
The provisions of Book I of the Revised Penal
Code shall be applicable to this Act.

5. allowed to communicate freely with his

legal counsel and to confer with them at
any time without restriction;

6. allowed to communicate freely and

privately without restrictions with the
members of his family or with his nearest
relatives and to be visited by them; and,
 EXTRA-TERRITORIAL APPLICATION OF THIS
ACT.

7. allowed freely to avail of the service of a

physician or physicians of choice (Sec. 21)
The provisions of this Act shall apply:

8. No threat, intimidation, or torment xxx on

the detained person, which shall vitiate his
freewill, shall be employed in his
investigation and interrogation (Sec 24)
1. to individual persons who commit any of the
crimes defined and punished in this Act
within the terrestrial domain, interior
waters, maritime zone, and airspace of the
Philippines;

9. Right to travel within the municipality or

city where he resides or where the case is
pending
 If evidence of guilt is not strong, and
the person charged is granted bail
2. 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;

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 3. to individual persons who, although
physically outside the territorial limits of
the Philippines

a) commit, conspire or plot to commit any

of the crimes defined and punished in
this Act inside the territorial limits of
the Philippines;

b) commit any of the said crimes on board

Philippine ship or Philippine airship;

c) 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

d) commit said crimes directly against the

Philippine government.

Subject to the provision of an existing treaty of which

the Philippines is a signatory and to any contrary
provision of any law of preferential application

 PROSECUTION UNDER THIS ACT SHALL BE A

BAR TO ANOTHER PROSECUTION

o What is barred?

 another prosecution for any offense

or felony which is necessarily
included in the offense charged under
this Act.

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