Republic of the Philippines
Congress of the Philippines
Metro ManilaThirteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven.
Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and property from acts of 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...
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Republic Acts
HUMAN SECURITY ACT OF 2007
Republic Act No. 9372
Summary of the Human Security Act of 2007
Definitions and Coverage
- Defines terrorism as acts punishable under certain provisions of the Revised Penal Code, Presidential Decrees, and other laws, committed to sow fear and coerce the government (Section 3).
- Covers conspiracy to commit terrorism, being an accomplice or accessory to terrorism (Sections 4-6).
Surveillance and Interception of Communications
- Allows law enforcement to conduct surveillance, intercept communications, and record conversations of suspected terrorists with written order from the Court of Appeals (Section 7).
- Requires formal application and judicial authorization for surveillance, specifying details like identities, offenses, and duration (Sections 8-10).
- Intercepted communications must be deposited with the Court of Appeals within 48 hours, with a joint affidavit (Sections 11-12).
- Prohibits unauthorized revelation of classified materials (Section 46).
Examination of Bank Records
- Allows examination of bank deposits, accounts, and records of suspected terrorists with written order from the Court of Appeals (Section 27).
- Requires formal application and judicial authorization, specifying details like identities, bank information, and duration (Sections 28-30).
- Examined bank materials must be deposited with the Court of Appeals within 48 hours, with a joint affidavit (Sections 31-32).
- Prohibits unauthorized examination of bank records (Section 36).
Detention and Arrest
- Allows detention of suspected terrorists for up to 3 days without judicial warrant of arrest (Section 18).
- Extends detention period to 5 days in case of actual or imminent terrorist attack, with approval from human rights commission or judge (Section 19).
- Outlines rights of detained persons, including access to counsel, family, and medical care (Section 21).
- Requires official custodial logbook to record details of detention (Section 23).
- Prohibits torture or coercion during investigation and interrogation (Sections 24-25).
Seizure and Sequestration
- Allows seizure, sequestration, and freezing of assets belonging to suspected terrorists, terrorist organizations, or their members (Section 39).
- Seized assets are held in trust during investigation or trial, with court approval for use (Section 40).
- Outlines disposition of seized assets based on outcome of case (Section 41).
- Imposes penalties for unjustified refusal to restore seized assets, loss or misuse of seized assets (Sections 42-43).
Penalties and Offenses
- Imposes penalties ranging from 10 to 20 years imprisonment for various offenses related to terrorism, including unauthorized surveillance, furnishing false evidence, and infidelity in custody of detainees (Sections 16, 20, 22, 38, 47).
- Provides for damages of P500,000 per day for unproven charge of terrorism (Section 50).
Anti-Terrorism Council and Oversight
- Establishes Anti-Terrorism Council to implement anti-terrorism policies and programs (Section 53).
- Outlines functions of the Council, including formulating plans, coordinating efforts, and requesting court designations (Section 54).
- Creates Grievance Committee to receive complaints against law enforcement (Section 56).
- Establishes Joint Oversight Committee to oversee implementation of the Act (Section 59).
Other Provisions
- Bans extraordinary rendition of suspected terrorists unless certain conditions are met (Section 57).
- Allows extraterritorial application of the Act in certain cases (Section 58).
- Includes separability clause and repealing clause (Sections 60-61).
- Specifies effectivity and publication requirements (Section 62).
Definitions and Coverage
- Defines terrorism as acts punishable under certain provisions of the Revised Penal Code, Presidential Decrees, and other laws, committed to sow fear and coerce the government (Section 3).
- Covers conspiracy to commit terrorism, being an accomplice or accessory to terrorism (Sections 4-6).
Surveillance and Interception of Communications
- Allows law enforcement to conduct surveillance, intercept communications, and record conversations of suspected terrorists with written order from the Court of Appeals (Section 7).
- Requires formal application and judicial authorization for surveillance, specifying details like identities, offenses, and duration (Sections 8-10).
- Intercepted communications must be deposited with the Court of Appeals within 48 hours, with a joint affidavit (Sections 11-12).
- Prohibits unauthorized revelation of classified materials (Section 46).
Examination of Bank Records
- Allows examination of bank deposits, accounts, and records of suspected terrorists with written order from the Court of Appeals (Section 27).
- Requires formal application and judicial authorization, specifying details like identities, bank information, and duration (Sections 28-30).
- Examined bank materials must be deposited with the Court of Appeals within 48 hours, with a joint affidavit (Sections 31-32).
- Prohibits unauthorized examination of bank records (Section 36).
Detention and Arrest
- Allows detention of suspected terrorists for up to 3 days without judicial warrant of arrest (Section 18).
- Extends detention period to 5 days in case of actual or imminent terrorist attack, with approval from human rights commission or judge (Section 19).
- Outlines rights of detained persons, including access to counsel, family, and medical care (Section 21).
- Requires official custodial logbook to record details of detention (Section 23).
- Prohibits torture or coercion during investigation and interrogation (Sections 24-25).
Seizure and Sequestration
- Allows seizure, sequestration, and freezing of assets belonging to suspected terrorists, terrorist organizations, or their members (Section 39).
- Seized assets are held in trust during investigation or trial, with court approval for use (Section 40).
- Outlines disposition of seized assets based on outcome of case (Section 41).
- Imposes penalties for unjustified refusal to restore seized assets, loss or misuse of seized assets (Sections 42-43).
Penalties and Offenses
- Imposes penalties ranging from 10 to 20 years imprisonment for various offenses related to terrorism, including unauthorized surveillance, furnishing false evidence, and infidelity in custody of detainees (Sections 16, 20, 22, 38, 47).
- Provides for damages of P500,000 per day for unproven charge of terrorism (Section 50).
Anti-Terrorism Council and Oversight
- Establishes Anti-Terrorism Council to implement anti-terrorism policies and programs (Section 53).
- Outlines functions of the Council, including formulating plans, coordinating efforts, and requesting court designations (Section 54).
- Creates Grievance Committee to receive complaints against law enforcement (Section 56).
- Establishes Joint Oversight Committee to oversee implementation of the Act (Section 59).
Other Provisions
- Bans extraordinary rendition of suspected terrorists unless certain conditions are met (Section 57).
- Allows extraterritorial application of the Act in certain cases (Section 58).
- Includes separability clause and repealing clause (Sections 60-61).
- Specifies effectivity and publication requirements (Section 62).