RA 11479 ANTI - TERROR LAW

An Act to Prevent, Prohibit and Penalize Terrorism, thereby Repealing RA 9372,

otherwise known as the Human Security Act of 2007

Definition (Sec. 4)

Terrorism is committed by any person who, within or outside the Philippines, regardless of the
stage of execution:
a. Engages in acts intended to cause death or serious bodily injury to any person
b. Engages in acts intended to cause extensive damage or destruction to a government,
public or private property
c. Engages in acts intended to cause extensive interference with, damage to critical
infrastructure;
d. Develops, manufactures, possesses, acquires, transports, supplies or uses weapons,
explosives or of biological, nuclear, radiological or chemical weapons; and
e. Release of dangerous substances, or causing fire, floods or explosions when the
purpose of such act, by its nature and context, is
i. to intimidate the general public
ii. to provoke or influence by intimidation the government or any IO
iii. Create a public emergency or seriously undermine public safety

Provided that, terrorism 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 (unconstitutional)

DIFFERENCE FROM TERRORISM UNDER HUMAN SECURITY ACT

RA 9372: Any person who commits an act punishable under any of the ff provisions:

a. Piracy in General, and Mutiny in the High Seas or in Philippine Waters

b. Coup d’etat
c. Murder
d. Kidnapping and serious illegal detention
e. Crimes involving destruction

Or under other SPLs

f. Arson
g. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
h. Atomic Energy Regulatory and Liability Act
i. Anti-Hijacking Law
j. Anti-Piracy and Anti-Highway Robbery Law
“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”

- 40 years of imprisonment without the benefit of a parole

RA 11479 has more specific definition than that of HAS

Is mere threat to commit terrorism punishable?

Yes, sec. 5 provides that “any person who shall threaten to commit any of the acts mentioned in
Sec. 4 hereof shall suffer the penalty of imprisonment of 12 years.

Are preparatory acts punishable under RA 11479?

Under Sec. 6, preparatory acts which consist in the

● participation in the planning, training, preparation, and facilitation
● Possessing objects connected with the preparation for the commission of terrorism,
● or collecting or making documents connected with the preparation for the commission of
terrorism

CONSPIRACY AND PROPOSAL TO COMMIT TERRORISM

Sec. 7. Conspiracy to Commit Terrorism

There is conspiracy when two or more persons come to an agreement concerning the
commission of terrorism as defined in Sec. 4 hereof and decide to commit the same.

Sec. 8. Proposal to Commit Terrorism

Any person who proposes to commit terrorism as defined in Sec. 4 hereof shall suffer the
penalty of imprisonment of 12 years.

OTHER ACTS PUNISHABLE UNDER RA 11479

Sec. 9. Inciting to Commit Terrorism

● Any person who, without taking any direct part in the commission of terrorism
● Shall incite others to the execution of any of the acts specified in Sec. 4 by means of
speeches, proclamations, writings, emblems, banners, or other representations
tending to the same end

Sec. 10 RECRUITMENT TO AND MEMBERSHIP IN A TERRORIST ORGANIZATION

Any person who shall recruit another to participate in, join, commit or support terrorism or a
terrorist individual or any terrorist organization, association or group of persons prescribed
under Sec. 26

Same penalty shall be imposed on any person who organizes or facilitates the travel of
individuals to other states for the purpose of recruitment committed through:

a. Recruiting another person to serve in any capacity

b. Publishing an advertisement or propaganda for the purpose of recruiting persons
c. Publishing an advertisement or propaganda containing any information relating to the
place
d. Performing any other act with the intention of facilitating or promoting the recruitment of
persons in any capacity

Sec. 11 FOREIGN TERRORIST (Acts)

1. For any person to travel for the purpose of perpetrating, planning, or preparing, or
receiving terrorist training
2. For any person to organize or facilitate the travel knowing that such travel is for the
purpose of the aforementioned acts
3. For any person residing abroad who comes to the Phil. to participate in perpetrating or
participating in terrorism or provide support

Sec. 12 PROVIDING MATERIAL SUPPORT TO TERRORISTS

● Any person who provides material support to any terrorist knowing that such individual or
organization is committing or planning to commit such acts, shall be liable as principal to
any and all terrorist activities

Sec. 15 ACCESSORY

Any person who, having knowledge of the commission of any of the crimes, without having
participated therein, takes part subsequent to its commission by:

1. By profiting
2. By concealing or destroying the body of the crime, or the effects, or instruments thereof
3. By harboring, concealing, or assisting in the escape

No person, regardless of relationship or affinity, shall be exempt from liability under this section.
SEC. 16. SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF
COMMUNICATIONS

The Anti-Wire Tapping Law, a law enforcement agent or records, content, and other cellular or
internet metadata of any person suspected of any of the crimes defined and penalized under the
provisions of this Act; and

Furnish the National Telecommunications Commission (NTC) a copy of said application.

HOW LONG MAY A PERSON BE DETAINED UNDER THIS LAW?

Within a period of 14 days counted from the moment the suspected person has been
apprehended or arrested

PERIOD OF DETENTION MAY BE EXTENDED TO A MINIMUM PERIOD OF 10 CALENDAR

DAYS IF:

1. Further detention of the person is necessary to preserve evidence related to terrorism

2. Further detention of the person is necessary to prevent terrorism
3. The investigation is being conducted properly and without delay

SECTION 33. NO TORTURE OR COERCION IN INVESTIGATION AND INTERROGATION

The use of torture and other cruel, inhumane and degrading treatment or punishment as defined
in Anti-Torture Act of 2009 is prohibited and penalized under this law.

Evidence obtained from said detained person resulting from torture shall be inadmissible.

WHAT ARE THE PROVISIONS OF THE ATA that were declared unconstitutional?

1. 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 of public safety”
2. 2nd mode of designation
3. Corresponding reference relative to the IRR of ATA

ON TERRORISM’S VAGUENESS

No. The 1st and 2nd components provide a clear correlation and a manifest link as to how or
when the crime of terrorism is produced.

The Court also held that the supposed vague terms found in Sec.4 are not sufficient to
invalidate the statute
TERRORISM: OVERBROAD?

No. The language employed in Section 4 of ATA is almost identical to the language used in
other jurisdictions.

The Court notes that the general wording of the law is a response to the ever-evolving nature of
terrorism.

TERRORISM: STRICT SCRUTINY TEST

Yes. National security is a compelling state interest that justifies some necessary, proportionate,
and least intrusive restrictions on the exercise and enjoyment of particular liberties.
NOT INTENDED CLAUSE: CONSTITUTIONAL?

No, the NIC is unconstitutional under the strict scrutiny test as well as void for vagueness and
overbreadth doctrines.

More significantly, the NIC causes serious ambiguity since there are no sufficient parameters
that render it capable of judicial construction.

NIC is void for vagueness as it has a chilling effect on the average person.

NIC also allows law enforcers to take an “arrest now, explain later” approach which is equally
aversive to due process.

NIC is also overbroad since it creates a chilling effect on speech. Speech that is intended to
cause death or serious physical harm

NIC does not pass the Strict Scrutiny Test - the statement is not the least restrictive means to
achieve the same.

THREAT TO COMMIT TERRORISM UNDER THE ATA UNCONSTITUTIONAL?

No. Statements or communications can only be penalized as threats when they are:
1. Directed to producing imminent terrorism. 2 It is likely to produce such actions

SEC. 6 ATA “participating in the planning, training—” unconstitutional for being vague or
overbroad?

No. Under Sec. 6 of the ATA may only be penalized when:

1. The training is with the purpose of committing terrorism

2. The training is intentionally designed to impact a skill in relation to terrorism
3. The skill imparted has a specific relation to a projected act of terrorism
INCITING TO COMMIT TERRORISM FACIALLY UNCONSTITUTIONAL?

No, only if they are:

a. Direct and explicit-not merely vague, abstract or equivocal-calls to engage in terrorism
b. Made with intent to promote terrorism
c. Directly and causally responsible for increasing the actual likelihood of terrorist attack

Sec. 9 is reasonably and narrowly drawn and it is the least restrictive means to achieve the
declared compelling state purpose.

RABAT PLAN OF ACTION

An internationally-recognized high threshold for defining restrictions on freedom of expression.

6 Part Threshold:
1. The social and political context
2. Status of the speaker
3. Intent to incite the audience against a target group
4. Content and form of the speech
5. Extent of its dissemination
6. Likelihood of harm, including imminence

SEC. 10 RECRUITMENT TO AND MEMBERSHIP TO TERRORIST ORG OVERBROAD?

No. The prohibition to voluntarily and knowingly join organization and association are
permissible restrictions on the freedom of association.

To be penalized, it is required that a person shall:

1. Voluntarily and knowingly join an organization
2. Have knowledge that the organization is
a. Proscribed under Sec. 26
b. Designated by the UNSC
c. Organized for the purpose of terrorism

Penalized under Sec. 10: knowing membership or active membership

SEC. 12: TRAINING, EXPERT ADVICE, VAGUE AND OVERBROAD?

No, it can only be penalized as material support when they are:

1. Directed to producing imminent terorrism
2. Is likely to produce such action

NATURE OF DESIGNATION UNDER SEC. 25

ATC - Anti-Terror Council

MODES OF DESIGNATION: (3)

1. Through the automatic adoption by the ATC of the designation or listing made by the UN
Security Council
2. Through the ATC’s approval of request
3. Designation by the ATC itself upon finding probable cause

PROSCRIPTION VS. DESIGNATION

P - a judicial process of declaring a group of person as terrorist upon the application of the DOJ
before the authorizing division of the CA

D - an executive process, ATA empowers CA to issue preliminary order of proscription if

probable cause exists

EFFECTS OF PROSCRIPTION

1. An application for surveillance of a judicially declared and outlawed terrorist organization

may be filed with the CA by law enforcement
2. The examination of records with banking may be done by AMLC on its own initiative
upon issuance of preliminary order.
3. There is criminal liability under Sec. 10 for those who recruit others to participate in, join,
or support groups

DESIGNATION: UNCONSTITUTIONAL:?

1st and 3rd mode of designation are valid police power measures.

2nd - constitutionally problematic and must be struck down.

The means employed is not the least restrictive means nor narrowly tailored to achieve
the State’s compelling interest.

PROSCRIPTION: CONSTITUTIONAL?

Yes. it is a valid exercise of police power and passes the strict scrutiny test

PROCESS OF PROSCRIPTION

1. After an application for proscription is filed by the DOJ, the CA shall determine
application is sufficient in form and substance
 a. It is verified or made under oath
b. Accompanied by the reco of the NICA
c. Shows proof of service

In substance:

a. If it specifically identifies the group of persons

b. If it provides detailed specifications of the reasons or grounds
c. It states the commitment of the applicant to have permanent order of proscription
2. If CA is satisfied, it shall commence and conduct continuous hearings

CA shall also determine whether there is probable cause

3. Non-appearance of respondent shall not prevent the CA from proceeding with hearings

4. Camera proceedings shall be adopted to ensure that sensitive and confidential information
will not be compromised without sacrificing the right to due process

5. During the hearing, the CA shall determine:

a. A PO of proscription should be made permanent
b. Whether a PO or proscription should be issues
c. Whether a PO of proscription should be lifted

The applicant has the burden to show by clear and convincing evidence

6. From the issuance of a permanent order of proscription, the party aggrieved may appeal to
the Court

7. If application is denied by the CA, no application shall be filed against the same group within
6 months from the date of denial.

Subsequent application must be grounded on new evidence

DETENTION WITHOUT WARRANT OF ARREST: UNCONSTITUTIONAL?

No. Sec. 29 properly construed does not provide for an executive warrant of arrest nor
warrantless arrest on mere suspicion.

14 DAY OR 24 DAY PERIOD - VIOLATE THE 3 DAY LIMIT FOR DETENTION WITHOUT
JUDICIAL CHARGE?

No. Section 29 is an exception.

The 3 day period is irrelevant to terrorism because it is applicable only in cases of invasion or
rebellion

SECTION 29: ON OVERBREADTH AND STRICT SCRUTINY

Yes. Sec. 29 passes the strict scrutiny standard for being narrowly tailored and the least
intrusive means to achieve compelling state interest.

REMEDY OF A DETAINEE:

Writ of Habeas Corpus