Human Security Act of 2007.2

8/8/2019 Human Security Act of 2007.2

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HUMAN SECURITY

ACT OF 2007(R.A. 9372)


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Sec. 2 Declaration of State Policy

In the implementation of the policy

stated above, the State shall uphold

the basic rights and fundamentalliberties of the people as enshrined in

the constitution.


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The State recognizes that the fight againstterrorism requires a comprehensive approach,

comprising political, economic, diplomatic,

military, an

d legal mean

s duly takin

g in

toaccount the root causes of terrorism withoutacknowledging these as justifications forterrorist and/or criminal activities. Such

measures shall include conflict management

and post-conflict peace-building, addressingthe roots of conflict by building state capacityand promoting equitable economic

development.


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It is declared a policy of the State toprotect life, liberty, and property from

acts of terrorism, to condemn terrorismas inimical and dangerous to the nationalsecurity of the country and to the welfareof the people, and to make terrorism a

crime against the Filipino people, againsthumanity, and against the law ofnations.


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Nothing in this Act shall be interpreted asa curtailment, restriction or diminution ofconstitutionally recognized powers of the

executive branch of the government. It is tobe understood, however, that the exerciseof the constitutionally recognized powers ofthe executive department of the governmentshall not prejudice respect for human rightswhich shall be absolute and protected at all

times.


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How does the HSA define

the crime ofterrorism?


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THREE ELEMENTS OF

TERRORISM underSec. 3

1. Person commits a. any of the six (6) actspunishable under the RPC;

b. Or any violations of the six (6) enumeratedspecial penal laws

2. Result - thereby sowing and creating acondition of widespread and extraordinary fearand panic among the populace,

3. Purpose - In order to coerce the government togive in to an unlawful demand


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Six (6) acts punishable under the RPC:

1.Article 122 (Piracy in General andMutiny in the High Seas or in thePhilippine Waters);

2.Article 134 (Rebellion orInsurrection);3.Article 134-a (Coup d Etat), including actscommitted by private persons;4.Article 248 (Murder);5.Article 267 (Kidnapping and Serious

Illegal Detention);6.Article 324 (Crimes InvolvingDestruction


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Six (6) enumerated special penal laws:

1. Presidential Decree No. 1613 (The Law onArson);

2. Republic Act No. 6969 (Toxic Substances andHazardous and Nuclear Waste Control Act of1990);

3. Republic Act No. 5207, (Atomic EnergyRegulatory and Liability Act of 1968);

4. Republic Act No. 6235 (Anti-Hijacking Law);5. Presidential Decree No. 532 (Anti-piracy and Anti-

highway Robbery Law of 1974); and,6. Presidential Decree No. 1866, as amended

(Decree Codifying the Laws onIllegal andUnlawful Possession, Manufacture, Dealingin, Acquisition or Disposition of Firearms,

Ammunitions or Explosives)


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Penalty

Any person found guilty shall suffer thepenalty offorty (40) years of

imprisonment, without the benefit ofparole as provided for under Act No.

4103, otherwise known as theIndeterminate Sentence Law, as

amended.


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Sec. 4 Conspiracy to Commit

T

errorism Conspiracy - There is conspiracy when

two or more persons come to an

agreement concerning the commission ofthe crime of terrorism as defined in

Section 3 hereof and decide to commit the

same.

Penalty - Forty (40) years of imprisonment.


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Penalty for the Accomplice (Sec. 5) and

the Accessory (Sec.6)

Accomplice Forty (40) years of

imprisonment.

Accessory- Ten (10) years and one day to

twelve (12) years of

imprisonment.


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What were the powers granted

by the HSA to the police and lawenforcement agencies over

persons suspected ofterrorism?


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SEC. 7. Surveillance of Suspects andInterception and Recording of

Communications SEC. 17. Proscription of Terrorist

Organizations, Association, or Group ofPersons

SEC. 18. Period of Detention Without JudicialWarrant of Arrest.

SEC. 19. Period of Detention in the Event ofan Actual or Imminent Terrorist Attack.

SEC. 26. Restriction on Travel SEC. 28.Application to Examine Bank

Deposits, Accounts, and Records.

Sec. 39. Seizure and Sequestration


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SEC. 7. Surveillance of Suspects

and Interception and Recording of

Communications

Requirements for Lawful Conduct of Surveillance:

Written order from the Court of Appeals

That the subject of the surveillance/wiretapping ismembers of a judicially declared andoutlawed terrorist organization, association, orgroup of persons or of any person chargedwith or suspected of the crime of terrorism orconspiracy to commit terrorism.


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Persons who cannot be under

surveillance:

Lawyers and Clients

Doctors and Patients

Jour nalists and their Sources

Confidential Business Correspondence

(Businessmen)


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Sec. 8 Formal Application for Judicial

Authorization.

Application for the written order:

1. order granted by the Authorizing Division ofthe Court of Appeals to the exclusion of all

other courts.2. done through an Ex- Parte application by a

police or law enforcement officer

3. that the police or law enforcement officer who

prepares for an Ex- Parte application musthave the written authorization from the Anti Terrorism Council


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SEC. 9. Classification and Contents of

the Order of the Court.

What are considered Classified Information under thisAct?

1. Written

Order granted by the Authorizi

ng Divisio

nofthe Court of Appeals

2. The Order extending or renewing the authorization.

3. Original Application.

4.Application for extending or renewing theauthorization.

5. Written authorization from the Anti TerrorismCounci.


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> Right to be Informedand Challenge

the Legality of the Interference

The person subject of the surveillance has

the right to be informed that he is

surveilled and that he has a right to

challenge the legality of the interference.

The venue of challenging the authority of

the surveillance is before the Division of

Court of Appeals which issued the writtenorder.


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Contents of the Written Order

Identity, name and address of the person

charged or suspected.

Ide

ntity of the applica

nt police officer, lawenforcement and his team.

The offense or offenses committed or to

be committed.

The length of the time within which the

authorization carried out.


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SEC. 10. Effective Period of Judicial

Authorization.

Length, Effectivity of the Judicial

Authorization

>It shall not exceed 30 days from the

receipt of the order by the applicant police

or law enforcement officers.


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Renewalor Extension

renew the said authorization for anothernon-extendible period, which shall not exceedthirty (30) days from the expiration of theoriginal period

REQUIREMENTS:

1. That the authorizing division of theCourt of Appeals is satisfied that such

extension or renewal is in the public interest:2. Application must be filed by the original

applicant which has been duly authorized inwriting by the Anti-Terrorism Council.


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Death of Applicant/Physical Disability.

Substitution:

To be substituted by the one next in rank to the

original applicant among the members of the

team named in the original written order of the

authorizing divisio

nof the Court of Appeals

The extension shall likewise extend for another

thirty (30) days after the termination of the period

granted by the Court of Appeals for the filing of

the complaint against the person surveilledbefore the Public Prosecutors Office for any

violation of this Act.


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MandatoryDuty of Notification to the

Person Subject of the Surveillance

The police or law enforcement officer in theevent that no case has been filed within thethirty day period shall notify the person

subject of the surveillance the termination ofthe court granted surveillance.

PenaltyforFailure to Notify

Penalty of 10 years to 12 years of imprisonment

for the police or law enforcement officer


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SEC. 11. Custody of Intercepted and

Recorded Communications.

The applicant police or law enforcement

officer is statutorily mandated to deposit

the tapes, discs, recordings or excerpt or

summary of the communication surveilled.

The period to deposit is within 48 hours

after the expiration of the judicial

authorization to conduct such surveillance.


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The tapes, discs, recordings shall be

placed inside an envelope, accompanied

by joint- affidavit of the applicant and the

members of his team. In the event of

death or physical disability of the

applicant, he shall be substituted by the

one next in rank.


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Prohibited Acts and Penalty

The removal, deleting, expunging,incineration, shredding or destroyingthe items containing the surveilledcommunication is prohibited

Any person who commits the prohibited

acts shall suffer a penalty of

not lessthan six (6) years and one day to

twelve (12) years of imprisonment.


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SEC. 12. Contents of Joint Affidavit.

(a) number of tapes, discs, and recordings thathave been made, as well as the number ofexcerpts and summaries

(b) the dates and times covered by each of suchtapes, discs, and recordings

(c) the number of tapes, discs, and recordingsmade in connection thereof included in the

deposit; (d) the date of the original written authorization

granted by the Anti- Terrorism Council;


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AdditionalContent of the Joint Affidavit

certify under oath that no duplicates or copies of

the whole or any part of any of such tapes,

discs, and recordings, and that no duplicates or

copies of the whole or any part of, have been

made, or, if there is any included in the sealed

envelope or sealed package deposited with the

authorizing division of the Court of Appeals.

Penaltyfor Violation

10 years and 1 day to 12 years of imprisonment


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SEC. 13. Disposition of Deposited

Materials.

Nature of document/s deposited:Classified Information

The sealed envelope or sealed packageshall not be opened and its contents shallnot be divulged, revealed, read, replayed,

or used as evidence u

nless authorized bywritten order of the authorizing division of

the Court of Appeals.


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Procedure andRequirements for Securing

Written Authorization from the Court of

Appeals

1. Written application by the Dept. of Justice

2. Such written

application

must have awritten authorization from the Anti

Terrorism Council.

3. With propernotice to the person subject

of the surveillance.


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Persons Liable forFailure to Notify

SurveilledParty

Any person

Police Officer or Law Enforcement Officer

Any Judicial Officer

Penalty

6 years and 1 day to 8 years ofImprisonment


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SEC. 14.Application to Open Deposited

Sealed Envelope or SealedPackage.

The written application filed by the Dept. of Justicewith the concomitant requisite ofnotice to theperson surveilled, must state the purpose or

reason:1. For opening the sealed envelope or package;

2. For revealing or disclosing its classifiedcontents;

3. For replaying, divulging and or reading any otfthe listened to, intercepted and recordedcommunications;

4. Using any of the listened, intercepted or

recorded communicatio

n


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Procedure that must be observed

by the arresting officer:

1. Before detaining the person suspected to

have committed the crime of terrorism,

the suspect must be presented beforeany judge. At the residence or office of

the judge where the place of arrest was

made.


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SEC. 15. Evidentiary Value of

DepositedMaterials

What are inadmissible as evidence are listened,intercepted, and recorded communications,messages, conversations, discussions, or

spoken or written words, or any part or partsthereof, or any information or fact containedtherein, including their existence, content,substance, purport, effect, or meaning, which

have been secured in violation of the pertinentprovisions of this Act.


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SEC. 17. Proscription of Terrorist

Organizations, Association, or Group of

Persons. Any organization, association, or group of persons

organized for the purpose of engaging in terrorism, or which,although not organized for that purpose, actually uses theacts to terrorize mentioned in this Act or to sow and create a

condition of widespread and extraordinary fear and panicamong the populace in order to coerce the government togive in to an unlawful demand shall, upon application of theDepartment of Justice before a competent Regional TrialCourt, with due notice and opportunity to be heard given to

the organization, association, or group of personsconcerned, be declared as a terrorist and outlawedorganization, association, or group of persons by the saidRegional Trial Court.


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SEC. 18. Period of Detention Without

Judicial Warrant of Arrest.

Who are authorized :Any police or law enforcementpersonnel having been duly authorized in writing by the

Anti-Terrorism Council

What can they do: Can deliver person (whom they havecustody), charged with or suspected of the crime ofterrorism or the crime of conspiracy to commit terrorismdeliver said charged or suspected person to the proper

judicial authority within a period of three (3) days

counted from the moment the said charged or suspectedperson has been apprehended or arrested, detained,and taken into custody by the said police, or lawenforcement personnel,


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SEC. 18. Period of Detention Without

Judicial Warrant of Arrest.

Without incurring any criminal liability for delay in

the delivery of detained persons to the proper

judicial authorities (Art. 125, RPC)

Condition: Provided, That the arrest of those

suspected of the crime of terrorism or conspiracy

to commit terrorism must result from the

surveillance under Section 7 and examination of

bank deposits under Section 27 of this Act.


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Dutyof the Judge

Ascertain the identity of the police officer whomade the arrest;

Ascertain the identity of the person arrested;

Inquire the reason of the arrest;

Determining by questioning and personal

observation whether ornot the suspect hasbeen subjected to any physical, moral orpsychological torture by whom and why.personal observation whether ornot the suspecthas been subjected to any physical, moral orpsychological torture by whom and why.

Submit a written report within 3 days from thedate the person was presented to him to theproper court that has handled the case.


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Procedure that must be observed

by the arresting officer:

2. Reglementary period of three days shall

start from the time the person is arrested,

detained or taken into custody.

Penaltyfor failure to notify the judge

of the arrest:

10 years and 1 day to 12 years


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SEC. 19. Period of Detention in the Event of

an Actual or Imminent Terrorist Attack.

Requirements for more than three days of

detention:

1. Actual or imminent terrorist attack

2. Written Approval of the following:

a) Municipal, Provincial or Regional Office of

the Commission onHuman Rights; or

b) the judge of Municipal, Regional Trial Court,Justice of the Court of Appeals or of the

Sandiganbayan, nearest to the place of arrest.


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If the arrest is made during Saturdays, Sundays,holidays or after office hours the arresting policeor law enforcement personnel shall bring the

person thus arrested to the residence of any of the officials mentioned above that is nearest theplace where the accused was arrested

Period to secure approval within

five (5) days afterthe date of the detention of the personsconcerned

Within three (3) days after the detention the

suspects, whose connection with the terrorattack or threat is not established, shall be

released immediately.


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SEC. 26. Restriction on Travel

In cases where evidence of guilt is not strong,

and the person charged with the crime of

terrorism or conspiracy to commit terrorism is

entitled to bail and is granted the same, thecourt, upon application by the prosecutor, shall

limit the right of travel of the accused to within

the municipality or city where he resides or

where the case is pending, in the interest ofnational security and public safety, consistent

with Article III, Section 6 of the Constitution.


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Travel outside of said municipality or city,

without the authorization of the court, shallbe deemed a violation of the terms andconditions of his bail, which shall then beforfeited as provided under the Rules ofCourt.

He or she may also be placed underhouse arrest by order of the court at his or

her usual place of residence.


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Prohibitions while under House Arrest

(until otherwise ordered by the Court)

He or she may not use:

1. Telephones

2. Cellphon

es3. E-mails

4. Computers

5. The internet or other means of

communication with people outside the

residence.

SEC 2 J di i l A h i i R i d


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SEC. 27. Judicial Authorization Required

to Examine Bank Deposits, Accounts,

and Records The provisions ofRepublic Act No. 1405

as amended, to the contrary

notwithstanding, the justices of the Courtof Appeals designated as a special court

to handle anti-terrorism cases after

satisfyin

g themselves of the existen

ce ofprobable cause in a hearing called for that

purpose that:


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Whose Accounts, etc. are subject

of Examination?

1) a person charged with or suspected of thecrime of terrorism or conspiracy to committerrorism ;

2) of a judicially declared and outlawedterrorist organization, association, or groupof persons, and

3) of a member of such judicially declaredand outlawed organization, association, orgroup of persons,


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Who areAuthorized:

Any police or law enforcement officer and the members of

his/her team duly authorized in writing by the anti-terrorism

council

Purpose of Authorization:

(a) examine, or cause the examination of, the deposits,

placements, trust accounts, assets and records in a bank orfinancial institution; and

(b) gather or cause the gathering of any relevant information

about such deposits, placements, trust accounts, assets, and

records from a bank or financial institution. the bank orfinancial institution concerned shall not refuse to allow such

examination or to provide the desired information, when so

ordered by and served with the written order of the Court of

Appeals.


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Sec. 39 Seizure and Sequestration:

What items may be seized, sequestered and

frozen :

deposits and their outstanding balances,

placements, trust accounts, assets, and recordsin any bank or financial institution, moneys,

businesses, transportation and communication

equipment, supplies and other implements, and

property of whatever kind and nature belongingto:


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(1) to any person suspected of or charged

before a competent Regional Trial

Court for the crime of terrorism or thecrime of conspiracy to commit

terrorism;

(2) to a judicially declared and outlawedorganization, association, or group of

persons; or

(3) to a member of such organization,

association, or group of persons


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Purpose:

In order to prevent their use, transfer, or

conveyance for purposes that are inimical

to the safety and security of the people or

injurious to the interest of the State.


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Can the accused still use his

money or use his property? YES. He may withdraw such sums as may be

reasonably needed by the monthly needs of his

family including the services of his or her

counsel and his or her familys medical needsupon approval of the court.

He or she may also use any of his property that

is under seizure or sequestration or frozen

because of his or her indictment as a terroristupon permission of the court for any legitimate

reason.


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What are the safeguards against

the abuses of the lawenforcement officers?

What are the rights of the

person

suspected, chargedor detained under this Act?


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Sec. 9 Right to be Informed and Challenge the Legalityof the Interference

Sec. 10M

andatory Duty of Notification to theP

ersonSubject of Surveillance

Sec. 16. Penalty for Unauthorized or malicious

Interceptions and/or Recordings.

Sec. 21. Rights of a Person Under Custodial

Investigation Sec. 24. No Torture or Coercion in Investigation and

Interrogation

Sec. 29 Mandatory Notification to the Person who ownsthe Bank Records to be Examined

SEC. 36. Penalty for Unauthorized orMaliciousExamination of a Bank or a Financial Institution.

Sec. 50 Damages for Unproven Charge of Terrorism


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SEC. 16. Penalty for Unauthorized or

malicious Interceptions and/or

Recordings.

Unauthorized Surveillance:

1. Committed by any police or law enforcementpersonnel who, not being authorized to do so by theauthorizing division of the Court of Appeals,

2. Subject of the unauthorized surveillance personcharged with or suspected of the crime of terrorism

or the crime of conspiracy to commit terrorism

Penalty

Ten (10) years and one day to twelve (12) years ofimprisonment.


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MaliciouslyObtaining an Authority

any police or law enforcement personnel who

maliciously obtained an authority from the

Court of Appeals;

The distinction from the first act, is that in

authorized surveillance, there is no existing

authority but such was secured maliciously.

Sec 21 Rights of a Person Under


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Sec. 21. Rights of a Person Under

Custodial Investigation

A person charged with or suspected of the crime of

terrorism has the right:

(a) to be informed of the nature and cause of his

arrest,1. to remain silent to have competent and

independent counsel preferably of his choice.

2. to be provided with free legal assistance

from IBP or the PAO, if the person charged

cannot afford to hire a counsel of his own choice.


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Rights

b) in

formed of the cause or causes of hisdetention in the presence of his legal counsel

(c) allowed to communicate freely with his legal

counsel and to confer with them at any time

without restriction; (d) 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; (e) allowed freely to avail of the service of a

physician or physicians of choice.

Sec 24 No Torture or Coercion in


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Sec. 24. No Torture or Coercion in

Investigation and Interrogation

No threat, intimidation, or coercion, and no act which willinflict any form of physical pain or torment, or mental,

moral, or psychological pressure, on the detained person,

which shall vitiate his free-will, shall be employed in his

investigation and interrogation for the crime of terrorism orthe crime of conspiracy to commit terrorism; otherwise, the

evidence obtained from said detained person resulting

from such threat, intimidation, or coercion, or from such

in

flicted physical pain

or tormen

t, or men

tal, moral, orpsychological pressure, shall be, in its entirety, absolutely

not admissible and usable as evidence in any judicial,

quasi-judicial, legislative, or administrative investigation,

inquiry, proceeding, or hearing.


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Sec 50. Damages for Unproven Charge

of Terrorism.

Who is entitled:

Person accused of terrorism but was

acquitted

How much is the Payment:

P500,000 - for every day that he or she has

been detained or deprived of liberty orarrested without a warrant as a result of

such an accusation

When and How Payment Should be


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Whenand How Payment Should be

Made

It shall be released within 15 days from the timeof the release of the accused;

Amount of damages shall be automatically

charged to the appropriations of the police

agency or from the Anti Terrorism Council that

instituted the complaint;

If funds from the police are not enough, it shall

be taken

from the Office of the President;

Any person who shall delay the release of the

amount shall suffer the penalty of 6 months

imprisonment


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Applicationand

Implementation of the Human

Security Act


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SEC. 58. Extra-Territorial Application of

this Act

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, the provisions of this Act shall apply:

(1) to individual persons who commit any of

the crimes defined and punished I n this Act

within the terrestrial domain, Interior waters,maritime zone, and airspace of the Philippines;

(2) to individual persons who although


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(2) to individual persons who, although

physically outside the territorial limits of the

Philippines,

1. commit, conspire or plot to commit any of the

crimes defined and punished in this Act

inside the territorial limits of the Philippines;

2. commit any of the said crimes o

nboardPhilippine ship or Philippine airship;

3. commit said crimes against Philippine citizens

or persons of Philippine descent, where

their citizenship or ethnicity was a factor inthe commission of the crime

4. commit said crimes directly against the

Philippine government.


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(3) to individual perso

ns who commit a

ny ofsaid crimes within any embassy,

consulate, or diplomatic premises

belonging to or occupied by the Philippine

government in an official capacity;


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SEC. 53.Anti-Terrorism Council.

Composed of Designated Members of the

Cabinet

The Council shall implement this Act and

assume the responsibility for the proper andeffective implementation of the anti-terrorism

policy of the country

The National Intelligence Coordinating Agency

shall be the Secretariat of the Council.

Some Agencies of the Government are support

Agencies.

SEC 54 Functions of the


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SEC. 54. Functions of the

Council 1. Formulate and adopt plans, programs and counter-

measures against terrorists and acts of terrorism in

the country;

2. Coordinate all national efforts to suppress and

eradicate acts of terrorism in the country andmobilize the entire nation against terrorism

proscribed in this Act;

3. Direct the speedy investigation and prosecution of all

persons accused or detained for the crime ofterrorism or conspiracy to commit terrorism and

other offenses punishable under this Act, and

monitor the progress of their cases

4 Establish and maintain comprehensi e data base


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4. Establish and maintain comprehensive data-base

information systems on terrorism, terrorist activities,

and counter-terrorism operations;

5. Freeze the funds property, bank deposits,

placements, trust accounts, assets and records

belonging to a person suspected of or charged with

the crime of terrorism or conspiracy to commit

terrorism, pursuant to Republic Act No. 9160otherwise known as the Anti-Money Laundering Act

of 2001, as amended;

6. Grant monetary rewards and other incentives to

informers who give vital information leading to theapprehension, arrest, detention, prosecution, and

conviction of person or persons who are liable for

the crime of terrorism or conspiracy to commit

terrorism;


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7. Establish and maintain coordination with and the

cooperation and assistance of othernations in the

struggle against international terrorism; and 8. Request the Supreme Court to designate specific

divisions of the Court of Appeals and regional trial

courts in Manila, Cebu City and Cagayan de Oro

City, as the case may be, to handle all casesinvolving the crime of terrorism or conspiracy to

commit terrorism and all matters incident to said

crimes. The Secretary of Justice shall assign a team

of prosecutors from: (a) Luzon

to handle terrorismcases filed in the regional trial court in Manila; (b)

from the Visayas to handle cases filed in Cebu City;

and (c) from Mindanao to handle cases filed in

Cagayan de Oro City.

SEC 55 Role of the Commission on


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SEC. 55. Role of the Commission on

Human Rights.

The Commission onHuman Rights shall give: (1) the highest priority to the investigation and

prosecution of violations of civil and political

rights of persons in relation to the

implementation of this Act; (2) shall have the concurrent jurisdiction to

prosecute public officials, law enforcers, and

other persons who may have violated the

civil and political rights of persons suspected

of, accused of, or detained for the crime of

terrorism or conspiracy to commit terrorism.


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SEC. 56. Creation of a Grievance

Committee.

There is hereby created a Grievance Committee

composed of the Ombudsman, as chair, and the

Solicitor General, and an undersecretary from

the Department of Justice (DOJ), as members,to receive and evaluate complaints against the

actuations of the police and law enforcement

officials in the implementation of this Act. The

Committee shall hold office in Manila.


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Documents

Human Security Act of 2007.2