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CRITERIA HUMAN SECURITY ACT HOUSE BILL 6875 SENATE BILL 1083

Title AN ACT TO SECURE AN ACT TO PREVENT, AN ACT TO PREVENT,


THE STATE AND PROHIBIT AND PROHIBIT AND
PROTECT OUR PEOPLE PENALIZE PENALIZE
FROM TERRORISM TERRORISM, THEREBY TERRORISM, THEREBY
REPEALING REPUBLIC REPEALING REPUBLIC
ACT NO. 9372, ACT NO. 9372,
OTHERWISE KNOWN OTHERWISE KNOWN
AS THE AS THE
“HUMAN SECURITY “HUMAN SECURITY ACT
ACT OF 2007” OF 2007”
Terrorism Any person who commits shall refer to any natural shall refer to any natural
(meaning) an act punishable under 2 person who commits 2 person who commits
any of the following any of the acts defined any of the acts defined
provisions of the Revised and penahzed and penahzed
Penal Code (see sec 3) 3 under Sections 4, 5, 6, 3 under Sections 4, 5, 6,
(Conspire, -Sec 5. 7, 8, 9, 10,11 and 12 of 7, 8, 9, 10,11 and 12 of
accomplice and Sec 6 this Act; (Engage, Threat, this Act; (Engage, Threat,
accessory – 10-12 yrs) Plan, Conspire, propose, Plan, Conspire, propose,
incite, recruit, publish) incite, recruit, publish)
* thereby sowing and * That, terrorism as * That, terrorism as
creating a condition of defined in this Section defined in this Section
widespread and 6 shall not include 6 shall not include
extraordinary fear and advocacy, protest, advocacy, protest,
panic among the dissent, stoppage of dissent, stoppage of
populace, in order to 7 work, industrial or mass 7 work, industrial or mass
coerce the government to action, and other simdar action, and other simdar
give in to an unlawful exercises exercises
demand shall be guilty of 8 of civil and pohtical 8 of civil and pohtical
the crime of terrorism and rights, which are not rights, which are not
shall suffer the penalty of intended to cause intended to cause
forty (40) years 9 death or serious 9 death or serious
physical harm to a physical harm to a
person, to endanger a person, to endanger a
10 person’s life, or to 10 person’s life, or to
create a serious risk to create a serious risk to
pubhc safety. pubhc safety.

SEC 11: Foreign terrorist SEC 11: Foreign terrorist


Sec 14: Accessory – 12 Sec 14: Accessory -12 yrs
yrs Sec 15: Penalty of Public
Sec 15: Penalty of Public Official
Official

Custody of Court of Appeal Court of Appeal Court of Appeal


Intercepted and *anti wiretapping law (Anti Wiretapping Law) (Anti Wiretapping Law)
Recorded
Communications terrorist organization, any person any person
association, or group of charged with or charged with or
persons or of any person suspected of committing suspected of committing
charged with or suspected any of the crimes any of the crimes
of the crime of terrorism or defined and penalized defined and penalized
conspiracy to commit under the provisions of under the provisions of
terrorism. this Act; this Act;
Judicial The written order granted The authorizing division The authorizing division
authorization by the authorizing division of the Court of Appeals of the Court of Appeals
of the Court of Appeals as shall issue a shall issue a
well as its order written order to conduct written order to conduct
the acts mentioned the acts mentioned
crime of terrorism or the
crime of conspiracy to Fifing of an ex parte Fifing of an ex parte
commit terrorism shall only written application by a written application by a
be granted by the law enforcement agent or law enforcement agent or
authorizing division of the military personnel, who military personnel, who
Court of Appeals upon has been duly authorized has been duly authorized
an ex parte written in writing by the Anti- in writing by the Anti-
application of a police or of Terrorism Council (ATC); Terrorism Council (ATC);
a law enforcement official
who has been duly
authorized in writing by the
Anti-Terrorism Council

*not exceed 30 days


Effectivity
*not exceed 60 days *not exceed 60 days
Designation of - engaging in terrorism, or - ATC shall automatically -ATC shall automatically
terrorist which, although not adopt adopt
individual/persons/ organized for that purpose, 16 the United Nations 16 the United Nations
And groupd actually uses the acts to Security Council Security Council
terrorize mentioned in this Consohdated List of Consohdated List of
Act or to sow and create a designated individuals, designated individuals,
condition of widespread group of persons, group of persons,
and extraordinary fear and organizations, or organizations, or
panic among the populace associations designated associations designated
in order to coerce the and/or identified as a and/or identified as a
government to give in to terrorist, one who terrorist, one who
an unlawful demand shall, finances terrorism, or a finances terrorism, or a
upon application of the terrorist organization of terrorist organization of
Department of Justice group. group.
before a competent -The ATC may designate -The ATC may designate
Regional Trial Court, with an individual, groups of an individual, groups of
due notice and opportunity persons, organization, or persons, organization, or
to be heard given to the association, whether association, whether
organization, association, domestic or foreign, upon domestic or foreign, upon
or group of persons a finding of probable a finding of probable
concerned, be declared as cause that theindividual, cause that theindividual,
a terrorist groups of persons, groups of persons,
organization, or organization, or
association commit, or association commit, or
attempt to commit, or attempt to commit, or
conspire in the conspire in the
commission of the acts commission of the acts
defined and penahzed defined and penahzed
under Sections 4, 5, 6, 7. under Sections 4, 5, 6, 7.
8, 9, 10, 11 and 12 of this 8, 9, 10, 11 and 12 of this
Act. Act.

-Any group of persons,


organization, or
association, which
commits any of the acts
4 defined and penahzed
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
apphcation 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
. Period of -delivery of detained deliver said suspected -deliver said suspected
Detention Without persons to the proper person to the proper person to the proper
Judicial Warrant of judicial authorities, deliver judicial authority within a judicial authority within a
Arrest said charged or suspected period of fourteen (14) period of fourteen (14)
person to the proper calendar days counted calendar days counted
judicial authority within a from the moment the said from the moment the said
period of three days suspected person has suspected person has
counted from the moment been apprehended or been apprehended or
the said charged or arrested, detained, and arrested, detained, and
suspected person has -may be extended to a -may be extended to a
been apprehended or maximum period of ten maximum period of ten
arrested- (10) calendar days if it is (10) calendar days if it is
-That within three days established that (1) established that (1)
after the detention the further detention of the further detention of the
suspects, whose person/s is necessary to person/s is necessary to
connection with the terror preserve evidence related preserve evidence related
attack or threat is not to the terrorism or to the terrorism or
established, shall be complete the complete the investigation
released immediately. investigation and to and to prevent the
prevent the commission commission of another
of another terrorism terrorism
Examine Bank Sec 27 Judicial - Anti-Money Laundering - Anti-Money Laundering
Deposits, Authorization Required. Council Authority Council Authority
Accounts, and justices of the Court of to Investigate, Inquire into to Investigate, Inquire into
Records Appeals designated as a and Examine Bank and Examine Bank
special court to handle Deposits. – Deposits. –
anti-terrorism cases - AMLC, either upon its - AMLC, either upon its
own initiative or at the own initiative or at the
request of the ATC, is request of the ATC, is
hereby authorized to hereby authorized to
investigate: (a) any investigate: (a) any
property or funds that are property or funds that are
in any way related to in any way related to
financing of terrorism financing of terrorism
Damages for entitled to the payment of Infidelity in the custody – Infidelity in the custody –
Unproven Charge damages in the amount of 10 yrs 10 yrs
of Terrorism Five hundred thousand False evidence – 6 yrs False evidence – 6 yrs
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
-false evidence – 12 – 20
yrs
-infidelity – 12 – 20 yrs
Anti-Terrorism -(1) the Executive (1) the Executive (1) the Executive
Council. Secretary, who shall be its Secretary, who shall be Secretary, who shall be
Chairperson; (2) the its Chairperson: (2) the its Chairperson: (2) the
Secretary of Justice, who National Security Adviser National Security Adviser
shall be its Vice who shall be who shall be
Chairperson; and (3) the its Vice Chairperson; and its Vice Chairperson; and
Secretary of Foreign (3) the Secretary of (3) the Secretary of
Affairs; (4) the Secretary of Foreign Affairs; (4) the Foreign Affairs; (4) the
National Defense; (5) the Secretaiy of National Secretaiy of National
Secretary of the Interior Defense; (6) the Defense; (6) the
and Local Government; (6) Secretary of the Interior Secretary of the Interior
the Secretary of Finance; and Local Government; and Local Government;
and (7) the National (6) the Secretary of (6) the Secretary of
Security Advisor, as its Finance; (7) the Finance; (7) the Secretary
other members. Secretary of Justice; (8) of Justice; (8) the
the Secretary of Secretary of Information
Information and and Communications
Communications Technology; and (9) the
Technology; and (9) the Executive Director of the
Executive Director of the Anti-Money Laundering
Anti-Money Laundering Council (AMLC)
Council (AMLC) Secretariat as its other
Secretariat as its other members.
members.
Commission on The Commission on - The CHR shall give the - The CHR shall give the
Human Rights Human Rights shall give highest priority to the highest priority to the
the highest priority to the investigation and investigation and
investigation and prosecution of violations prosecution of violations
prosecution of violations of of civil and pohtical rights of civil and pohtical rights
civil and political rights of of persons in relation to of persons in relation to
persons in relation to the the implementation of this the implementation of this
implementation of this Act; Act. Act.
and for this purpose, 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.

Creation of a Ombudsman, as chair, None None


Grievance and the Solicitor General,
Committee 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
. Joint Oversight be composed of five The Committee shall be The Committee shall be
Committee.  members each from the 12 composed of twelve 12 composed of twelve
Senate and the House in (12) members with the (12) members with the
addition to the Chairs of chairperson of the chairperson of the
the Committees of Public Committee on Public Committee on Public
Order of both Houses who Order of the Senate and Order of the Senate and
shall also Chair the the House of the House of
Oversight Committee in Representatives as Representatives as
the order specified herein members and five (5) members and five (5)
additional members from additional members from
each House to be each House to be
designated by the Senate designated by the Senate
President and the President and the
Speaker of the House of Speaker of the House of
Representatives, Representatives,
respectively. The minority respectively. The minority
shall be entitled to a pro- shall be entitled to a pro-
rata representation but rata representation but
shall have at least two (2) shall have at least two (2)
representatives in the representatives in the
Committee. Committee.

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