AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"
SECTION 1. Short Title. — This Act shall henceforth be known as "The Anti-Terrorism Act of 2020."
SECTION 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and property from terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against The Law of Nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such...
Summary of the Anti-Terrorism Act of 2020
Short Title and Policy Declaration (Sections 1-2) - The Act is known as "The Anti-Terrorism Act of 2020". - It declares the policy of the State to protect life, liberty, and property from terrorism, condemn terrorism as a crime against the people and humanity, and uphold basic rights and fundamental liberties.
Definition of Terms (Section 3) - Defines key terms used in the Act, including: • Critical Infrastructure • Designated Person • Extraordinary Rendition • International Organization • Material Support • Proliferation of Weapons of Mass Destruction • Proposal to Commit Terrorism • Recruit • Surveillance Activities • Supranational Jurisdiction • Training • Terrorist Individual • Terrorist Organization, Association or Group of Persons • Weapons of Mass Destruction (WMD)
Acts of Terrorism (Sections 4-12) - Defines and penalizes acts of terrorism, including: • Engaging in acts intended to cause death, serious bodily injury, damage to public or private property, or interference with critical infrastructure (Section 4) • Threatening to commit terrorism (Section 5) • Planning, training, preparing, and facilitating terrorism (Section 6) • Conspiracy to commit terrorism (Section 7) • Proposing to commit terrorism (Section 8) • Inciting to commit terrorism (Section 9) • Recruitment to and membership in a terrorist organization (Section 10) • Foreign terrorist acts (Section 11) • Providing material support to terrorists (Section 12)
Humanitarian Exemption and Accessory Liability (Sections 13-14) - Exempts humanitarian activities by recognized organizations from material support provisions (Section 13). - Defines and penalizes accessory liability for terrorism offenses (Section 14).
Penalties for Public Officials and Continuous Trial (Sections 15-16) - Imposes additional penalties on public officials found guilty of terrorism offenses, including dismissal from service and disqualification from public office (Section 15). - Requires continuous trial for terrorism cases to ensure the accused's right to speedy trial (Section 16).
Surveillance, Interception, and Judicial Authorization (Sections 17-24) - Allows law enforcement or military personnel, with judicial authorization, to conduct surveillance, wiretapping, and interception of communications related to terrorism (Sections 17-18). - Specifies requirements for judicial authorization, effective period, custody of intercepted communications, and inadmissibility of illegally obtained evidence (Sections 19-23). - Penalizes unauthorized or malicious interceptions and revelations of classified materials (Section 24).
Designation and Proscription of Terrorist Individuals and Organizations (Sections 25-28) - Allows the Anti-Terrorism Council (ATC) to designate individuals, groups, or organizations as terrorists based on UN Security Council lists or other jurisdictions (Section 25). - Provides for the proscription of terrorist organizations by the Court of Appeals, including the issuance of preliminary and permanent orders of proscription (Sections 26-27). - Allows requests for proscription from foreign jurisdictions and supranational jurisdictions (Section 28).
Detention, Custodial Rights, and Logbook (Sections 29-32) - Allows detention without judicial warrant for up to "fourteen (14) calendar days", extendable by up to "ten (10) calendar days" under certain conditions (Section 29). - Outlines the rights of detained persons, including the right to counsel, communication, and medical assistance (Section 30). - Penalizes violations of detainees' rights (Section 31). - Requires law enforcement to maintain an official custodial logbook for detained persons (Section 32).
Prohibition of Torture and Coercion (Section 33) - Prohibits the use of torture or coercion during investigation or interrogation and renders any evidence obtained through such means inadmissible.
Restriction on Right to Travel and Anti-Money Laundering Measures (Sections 34-39) - Allows the issuance of precautionary hold departure orders (PHDOs) and hold departure orders (HDOs) against accused persons, and limits their right to travel (Section 34). - Authorizes the Anti-Money Laundering Council (AMLC) to investigate and freeze assets related to terrorism financing and violations of the Act (Sections 35-36). - Penalizes malicious examination of bank records and defiance of court orders by bank officials (Sections 37-39).
Immunity, Protection, and Penalties (Sections 40-43) - Provides for the immunity and protection of government witnesses under the Witness Protection Program (Section 40). - Penalizes unauthorized revelation of classified materials with "ten (10) years" imprisonment (Section 41). - Penalizes infidelity in the custody of detained persons with "ten (10) years" imprisonment (Section 42). - Penalizes furnishing false evidence or forged documents with "six (6) years" imprisonment (Section 43).
Anti-Terrorism Council and Functions (Sections 45-46) - Establishes the Anti-Terrorism Council (ATC) and outlines its composition and responsibilities, including: • Implementing the Act and formulating policies against terrorism (Section 45) • Formulating plans, programs, and counter-measures against terrorism (Section 46) • Coordinating national efforts to suppress and eradicate terrorism • Monitoring investigations and prosecutions • Maintaining databases on terrorism • Enlisting the AMLC's assistance in freezing terrorist assets • Granting rewards to informants • Coordinating with international entities on counter-terrorism • Preventing the acquisition of weapons of mass destruction by terrorists • Formulating a national strategic plan against terrorism • Requesting the designation of specialized courts for terrorism cases • Requiring assistance from government and non-government entities • Investigating reports of abuse or improper implementation of the Act
Commission on Human Rights and Ban on Extraordinary Rendition (Sections 47-48) - Requires the Commission on Human Rights (CHR) to prioritize the investigation and prosecution of civil and political rights violations related to the Act's implementation (Section 47). - Prohibits the extraordinary rendition of persons suspected or convicted of terrorism offenses (Section 48).
Extraterritorial Application (Section 49) - Allows for the extraterritorial application of the Act to Filipino citizens or nationals who commit terrorism offenses outside the Philippines, as well as to individuals who commit such offenses within the Philippines, on Philippine vessels or premises, against Philippine citizens or interests, or directly against the Philippine government.
Joint Oversight Committee (Section 50) - Establishes a Joint Congressional Oversight Committee to monitor the implementation of the Act and summon law enforcement, military, and ATC members for questioning and reporting.
Protection of Vulnerable Groups and Management of Detained Persons (Sections 51-52) - Requires due regard for the welfare of vulnerable suspects, such as the elderly, pregnant, persons with disabilities, women, and children (Section 51). - Mandates the Bureau of Jail Management and Penology (BJMP) and the Bureau of Corrections (BuCor) to establish a system for assessing, classifying, and managing persons charged under the Act (Section 52).
Trial of Persons Charged under the Act (Section 53) - Requires the Supreme Court to designate special anti-terror courts within the Regional Trial Courts to try violations of the Act. - Allows remote appearance and testimony through video-conferencing and other approved technologies.
Implementing Rules and Regulations, Separability Clause, Repealing Clause, Saving Clause, and Effectivity (Sections 54-58) - Requires the ATC and the Department of Justice (DOJ) to promulgate implementing rules and regulations within 90 days of the Act's effectivity (Section 54). - Includes a separability clause, repealing clause, saving clause, and specifies the Act's effectivity date (Sections 55-58).
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