Human Security Act

7/23/2019 Human Security Act

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AN ACTAN ACT

TO SECURE THE STATETO SECURE THE STATEAND PROTECT OURAND PROTECT OUR

PEOPLE FROMPEOPLE FROMTERRORISMTERRORISM


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SEC.2Declaration 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 anddangerous to the national security of the countryand to the welfare of the people, and to make terrorism a crime against theFilipino people, against humanity, andagainst the law of nations.


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In the implementation of the policystated,

the State shall

uphold the basic rights andfundamental liberties of the people as

enshrined in the constitution.


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The State recognizes that the ghtagainst terrorism requires acomprehensie approach, comprising

political, economic, diplomatic, military,and legal means duly taking into accountthe root causes of terrorism withoutacknowledging these as !ustications for

terrorist and"or criminal actiities. Suchmeasures shall include con#ictmanagement and post$con#ict peace$building, addressing the roots of con#ict

by building state capacity and promoting


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%othing in this &ct shall beinterpreted as a curtailment, restriction ordiminution of constitutionally recognized

powers of the e'ecutie branch of thegoernment. It is to be understood,howeer, that the e'ercise of theconstitutionally recognized powers of the

e'ecutie department of the goernmentshall not pre!udice respect for humanrights which shall be absolute andprotected at all times.


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SEC.

27!"icial A!t#ori$ationRe%!ire" to E&a'ine (an)De*o+it+, Acco!nt+, an"

Recor"+.The proisions of (epublic &ct %o.)*+ as amended, to the contrarynotwithstanding, the !ustices of the-ourt of &ppeals designated as aspecial court to handle anti$terrorismcases after satisfying themseles of thee'istence of probable cause in a

hearing called for that purpose that


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a person charged with orsuspected of the crime ofterrorism or conspiracy to commit

terrorism,

-.-.

of a !udicially declared andoutlawed terrorist organization,

association, or group of persons,and

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of a member of such !udiciallydeclared and outlawed organization,association, or group of persons,

may authorize in writing any policeor law enforcement ocer and themembers of his"her team dulyauthorized in writing by the anti$

terrorism council to/

..

a.a.e'amine, or cause thee'amination of, the deposits,placements, trust accounts,assets and records in a bank or

nancial institution0


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/./. gather or cause the gathering ofany releant information aboutsuch deposits, placements, trust

accounts, assets, and recordsfrom a bank or nancialinstitution, the bank or nancialinstitution concerned shall notrefuse to allow such e'aminationor to proide the desiredinformation, when so ordered by

and sered with the written order


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SEC.

20A**lication to E&a'ine (an)De*o+it+, Acco!nt+, an"Recor"+.The written order of the -ourt of&ppeals authorizing the e'amination ofbank deposits, placements, trustaccounts, assets, and records/

-.-.of a person charged with or

suspected of the crime of terrorismor conspiracy to commit terrorism,


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2.2. of any !udicially declared andoutlawed terrorist organization,association, or group of persons, or

.. of any member of suchorganization, association, or groupof persons in a bank or nancial

institution, and the gathering ofany releant information about thesame from said bank or nancial

institution,


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shall only be granted by theauthorizing diision of the -ourt of&ppeals upon an e' parte application

to that e1ect of a police or of a lawenforcement ocial who has beenduly authorized in writing to le suche' parte application by the &nti$

Terrorism -ouncil created in Section2 of this &ct to le such e' parteapplication,


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and upon e'amination under oath orarmation of the applicant and thewitnesses he may produce to establishthe facts that will !ustify the need andurgency of e'amining and freezing thebank deposits, placements, trustaccounts, assets, and records/

-.-.of the person charged with or

suspected of the crime of terrorismor conspiracy to commit terrorism,


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2.2. of a !udicially declared andoutlawed terrorist organization,association or group of persons, or

.. of any member of suchorganization, association, or groupof persons.


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SEC.

21Cla++ication an" Content+of t#e Co!rt Or"er

A!t#ori$in3 t#e E&a'inationof (an) De*o+it+, Acco!nt+,an" Recor"+.

The written order granted by theauthorizing diision of the -ourt of

&ppeals as well as its order, if any, toe'tend or renew the same, the original e'parte application of the applicant,including his e' parte application to

e'tend or renew,


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if any, and the written authorizations ofthe &nti Terrorism -ouncil, shall bedeemed and are hereby declared asclassied information/

3roided, That the person whose bankdeposits, placements, trust accounts,assets, and records hae been e'amined,

frozen, sequestered and seized by lawenforcement authorities has the right tobe informed of the acts done by the lawenforcement authorities in the premisesor to challenge, if he or she intends to do


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The written order of the authorizingdiision of the -ourt of &ppealsdesignated to handle cases inolingterrorism shall specify/

aa..

the identity of the said/

-.-. person charged with or suspectedof the crime of terrorism orconspiracy to commit terrorism,

2.2.!udicially declared and outlawedterroristorganization, association, or

group of persons, and


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..member of such !udiciallydeclared and outlawedorganization, association, orgroup of persons, as the case

may be, whose deposits,placements, trust accounts,assets, and records are to bee'amined or the information tobe gathered0aa

..the identity of the bank or nancialinstitution where such deposits,placements, trust accounts, assets,and records are held and

maintained0


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cc

.

.

the identity of the persons whowill conduct the said e'aminationand the gathering of the desired

information0 and,

""

..

the length of time theauthorization shall be carried

out.


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SEC.

4E5ecti6e Perio" of Co!rtA!t#ori$ation to E&a'ine

an" O/tain Infor'ation on(an) De*o+it+, Acco!nt+,an" Recor"+.

The authorization issued orgranted by the authorizing diision ofthe -ourt of &ppeals to e'amine or

cause the e'amination of and to freezebank deposits, placements, trustaccounts, assets, and records, or to

gather information about the same,


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shall be e1ectie for the length oftime specied in the written order ofthe authorizing diision of the -ourt

of &ppeals, which shall not e'ceed aperiod of thirty 42+5 days from thedate of receipt of the written order

of the authorizing diision of the-ourt of &ppeals by the applicantpolice or law enforcement ocial.


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The authorizing diision of the -ourtof &ppeals may e'tend or renew the saidauthorization for another period, whichshall not e'ceed thirty 42+5 days

renewable to another thirty 42+5 daysfrom the e'piration of the original period,proided that the authorizing diision ofthe -ourt of &ppeals is satised that such

e'tension or renewal is in the publicinterest, and proided further that theapplication for e'tension or renewal,which must be led by the original

applicant, has been duly authorized in


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In case of death of the originalapplicant or in case he is physicallydisabled to le the application for

e'tension or renewal, the one ne'tin rank to the original applicantamong the members of the team

named in the original written orderof the authorizing diision of the-ourt of &ppeals shall le the

application for e'tension or renewal/


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3roided, That, without pre!udiceto the liability of the police or lawenforcement personnel under Section

)6 hereof, the applicant police or lawenforcement ocial shall hae thirty42+5 days after the termination of theperiod granted by the -ourt of &ppeals

as proided in the precedingparagraphs within which to le theappropriate case before the 3ublic

3rosecutor7s 8ce for any iolation of


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If no case is led within the thirty42+5$day period, the applicant police orlaw enforcement ocial shall immediatelynotify in writing the person sub!ect of the

bank e'amination and freezing of bankdeposits, placements, trust accounts,assets and records. The penalty often 4)+5years and one day to twele 4)95 years of

imprisonment shall be imposed upon theapplicant police or law enforcementocial who fails to notify in writing theperson sub!ect of the bank e'amination

and freezing of bank deposits,


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&ny person, law enforcement ocialor !udicial authority who iolates his duty

to notify in writing as dened aboe shallsu1er the penalty of si' 4:5 years and oneday to eight 4;5 years of imprisonment.


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SEC.-C!+to"y of (an) Data an"

Infor'ation O/taine" afterE&a'ination of De*o+it+,Place'ent+, Tr!+t Acco!nt+,

A++et+ an" Recor"+.


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&ll information, data, e'cerpts,summaries, notes, memoranda, workingsheets, reports, and other documents

obtained from the e'amination of thebank deposits, placements, trustaccounts, assets and records of/

-.-.a person charged with orsuspected of the crime ofterrorism or the crime ofconspiracy to commit terrorism,


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2.2. a !udicially declared andoutlawed terrorist organization,association, or group of persons,or

..a member of any suchorganization, association, orgroup of persons shall, withinforty$eight 4*;5 hours after the

e'piration of the period 'ed inthe written order of theauthorizing diision of the -ourtof &ppeals or within forty$eight4*;5 hours after the e'piration of


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or renewal granted by theauthorizing diision of the -ourt of&ppeals, be deposited with theauthorizing diision of the -ourt of

&ppeals in a sealed enelope orsealed package, as the case may be,and shall be accompanied by a !oint

adait of the applicant police orlaw enforcement ocial and thepersons who actually conducted thee'amination of said bank deposits,

placements trust accounts assets

Documents

Human Security Act