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Provision Comments Sec. 3 (g) Proposal to Commit Terrorism is committed when a person who has decided to commit any of the crimes defined and penalized under the provisions of this Act proposes its execution to some other person or persons. Sec. 8. Proposal to Commit Terrorism. - Any person who proposes to commit terrorism as defined in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years. Proposal is previously not penalized under the Human Security Act of 2007 (HSA). Sec. 3 (i) Surveillance Activities shall refer to the act of tracking down, following, or investigating individuals or organizations; or the tapping, listening, intercepting, and recording of messages, conversations, discussions, spoken or written words, including computer and network surveillance, and other communications of individuals engaged in terrorism as defined hereunder; “Tracking down” now includes tracking of individuals ; in the HSA, surveillance activities are contained to tracking down of communications. Sec. 3 (k) Training shall refer to the giving of instruction or teaching designed to impart a specific skill in relation to terrorism as defined hereunder, as opposed to general knowledge; “Training” is a new phrase that appears in this bill. Can be possibly used to crack down on legitimate organizations that provide educational discussions. Sec. 4. Terrorism. - Subject to Section 49 of this Act, 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, or endangers a person’s life; (b) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property: Arguably, these acts are already punished under the Revised Penal Code (e.g. Crimes Against Persons or Crimes Against Property).
(c) Engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure; Sec. 5. Threat to Commit Terrorism. - Any person who shall threaten to commit any of the acts mentioned in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years. Provision is vague as to what constitutes a threat to commit terrorism. It could give rise to various interpretations that may include a wide range of acts. Sec. 6. Planning, Training, Preparing, and Facilitating the Commission of Terrorism. - It shall be unlawful for any person to participate in the planning, training, preparation and facilitation in the commission of terrorism, possessing objects connected with the preparation for the commission of terrorism, or collecting or making documents connected with the preparation of terrorism. Any person found guilty of the provisions of this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No.
Preparatory acts like planning, training, preparing, and facilitating are now penalized. Previously no mention of such acts in the HSA. Even mere possession of objects or documents deemed connected to acts of terrorism are punishable. The penalty for violation of this provision is life imprisonment without benefit of parole or GCTA. 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 Section 4 hereof by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end, shall suffer the penalty of imprisonment of twelve (12) years. Potentially produces a chilling effect on or violates the freedom of expression. Sec. 10. Recruitment to and Membership in a Terrorist Organization. - Any person who shall recruit another to participate in, join, commit or support any terrorism or a terrorist individual or any terrorist organization, association or group of persons proscribed under Section 26 of this Act, or designated by the United Nations Prone to abuse if the definition of “terrorist organization” is vague. Potentially infringes freedom of association and freedom of expression. Even acts of “support” without being a member are penalized.
The law enforcement agent or military personnel shall likewise be obligated to (1) file an ex-parte application with the Court of Appeals for the issuance of an order, to compel telecommunications service providers (TSP) and internet service providers (ISP) to produce all customer information and identification records as well as call and text data 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 (2) furnish the National Telecommunications Commission (NTC) a copy of said application. The NTC shall likewise be notified upon the issuance of the order for the purpose of ensuring immediate compliance. Sec. 19. Effective Period of Judicial Authorization. Any authorization granted by the Court of Appeals, pursuant to Section 17 of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals which shall not exceed a period of sixty (60) days from the date of receipt of the written order by the applicant law enforcement agent or military personnel. Compared to the HSA, which provides that the judicial authorization for surveillance activities shall not exceed a period of 3 0 days; the bill provides a period of 60 days. Sec. 24. Unauthorized or Malicious Interceptions and/or Recordings. - Any law enforcement agent or military personnel who conducts surveillance activities without a valid judicial authorization pursuant to Section 17 of this Act shall be guilty of this offense and shall suffer the penalty of imprisonment of ten (10) years. All information that have been maliciously procured should be made available to the aggrieved party. Penalty for unauthorized or malicious interceptions and/or recordings committed by State agents is reduced from 10 years and one day to 12 years in the HSA to 10 years. Sec. 26. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any group of Venue change from the Regional Trial Court in the HSA to the Court of Appeals in this bill. The bill also adds a
persons, organization, or association, which commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, or organized for the purpose of engaging in terrorism shall, upon application of the DOJ before the authorizing division of the Court of Appeals with due notice and opportunity to be heard given to the group of persons, organization or association, be declared as a terrorist and outlawed group of persons, organization or association, by the said Court. The application shall be filed with an urgent prayer for the issuance of a preliminary order of proscription. No application for proscription shall be filed without the authority of the ATC upon the recommendation of the National Intelligence Coordinating Agency (NICA). Sec. 27. Preliminary Order of Proscription. - Where the Court has determined that probable cause exists on the basis of the verified application which is sufficient in form and substance, that the issuance of an order of proscription is necessary to prevent the commission of terrorism, he/she shall, within seventy-two (72) hours from the filing of the application, issue a preliminary order of proscription declaring that the respondent is a terrorist and an outlawed organization or association within the meaning of Section 26 of this Act. x x x further qualification that no application for proscription shall be filed without the authority of the ATC upon recommendation of the NICA. The bill also provides for a preliminary order of proscription , previously not present in the HSA. It functions as a swift order of proscription from the court (made within 72 hours of the filing of the application for proscription). Sec. 30. Rights of a Person under Custodial Detention. x x x he shall forthwith be informed, by the arresting law enforcement agent or military personnel by the law enforcement agent or military personnel to whose custody the person concerned is brought, of his or her right: (a) to Republic Act No. 7438 already provides for the rights of persons under custodial investigation. However, unlike RA 7438, there is no mention of a custodial investigation report that has to be made in writing. Additionally, the list of persons who can have access to the detainee is limited
to the proper judicial authority within a period of fourteen (14) calendar days counted from the moment the said suspected person has been apprehended or arrested, detained, and taken into custody by the law enforcement agent or military personnel. The period of detention may be extended to a maximum period of ten (10) calendar days if it is established that (1) further detention of the person/s is necessary to preserve evidence related to the terrorism or complete the investigation; (2) further detention of the person/s is necessary to prevent the commission of another terrorism; and (3) the investigation is being conducted properly and without delay. Immediately after taking custody of a person suspected of committing terrorism or any member of a group of persons, organization or association proscribed under Section 26 hereof, the law enforcement agent or military personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts: (a) the time, date, and manner of arrest; (b) the location or locations of the detained suspect/s and (c) the physical and mental condition of the detained suspect/s. The law enforcement agent or military personnel shall likewise furnish the ATC and the Commission on Human Rights (CHR) of the written notice given to the judge. The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights as a detainee and shall ensure access to the detainee by his/her counsel or agencies and entities authorized by law to exercise visitorial powers over detention facilities. Rights (CHR) of the written notice given to the judge” is an additional requirement.
The penalty of imprisonment of ten (10) years shall be imposed upon the police or law enforcement agent or military personnel who fails to notify any judge as provided in the preceding paragraph. Sec. 31. Violation of the Rights of a Detainee. - The penalty of imprisonment of ten (10) years shall be imposed upon any law enforcement agent or military personnel who has violated the rights of persons under then- custody, as provided for in Sections 29 and 30 of this Act. x x x Penalty for violations of the rights of a detainee is reduced from 10 years and one day to 12 years in the HSA to 10 years. Sec. 34. Restriction on the Right to Travel. - Prior to the filing of an information for any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, the investigating prosecutor shall apply for the issuance of a precautionary hold departure order (PHDO) against the respondent upon a preliminary determination of probable cause in the proper Regional Trial Court. Upon the filing of the information regarding the commission of any acts defined and penalized under the provisions of this Act, the prosecutor shall apply with the court having jurisdiction for the issuance of a hold departure order (HDO) against the accused. The said application shall be accompanied by the complaint- affidavit and its attachments, personal details, passport number, and a photograph of the accused, if available. x x x New paragraphs on the restriction on the right to travel. Restrictions can now be imposed even against those who are not yet formally charged with any of the included crimes/prior to the filing of an information. Sec. 42. Infidelity in the Custody of Detained Persons. — Any public officer who has direct custody of a detained person under the provisions of this Act and, who, by his deliberate act, misconduct or inexcusable negligence, Penalty for commission of infidelity in the custody of detained persons is now 10 years of imprisonment. Compare with the relevant provision of the HSA:
Sec. 47. Commission on Human Rights (CHR). - The CHR shall give 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. Deletes the additional power granted by Sec. 55 of the HSA to the CHR, namely that “the Commission 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, or detained for the crime of terrorism or conspiracy to commit terrorism.” This reduces the power of the CHR to safeguard against possible violations.
- Section 50 of HSA ( Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. x x x ) has been deleted.
