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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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Sec. 2 Declaration of State Policy
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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Sec. 2 Declaration of State Policy
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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Sec. 2 Declaration of State Policy
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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SEC. 11. Custody of Intercepted and
Recorded Communications.
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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SEC. 11. Custody of Intercepted and
Recorded Communications.
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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