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 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.