Inside Republic Act 9372 (Human Security Act of 2007)
Sec. 3 Terrorism – Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 143-A (Coup d’ Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction);
or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
(3) Republic Act No. 5207 (Atomic Energy Regulatory 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 on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without
the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.
Sec. 6 Accessory – Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender
to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent discovery; (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten
(10) years and one day to twelve years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same
degree, with the single exception of accessories falling within the provisions of subparagraph (a).
Sec. 7 Surveillance of Suspects and Interception and Recording of Communications – The
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding,
a police or law enforcement official and the members of his team may, upon a written order of
the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type
of electronic or other surveillance equipment or intercepting and tracking devices, or with the use
of any other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially declared
and outlawed terrorist organization, association, or group of persons or of any person charged
with or suspected of the crime of terrorism of conspiracy to commit terrorism.
Provided, that surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
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, the court, 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 of national security and public safety, consistent with Article III, Section 6 of the
Constitution. Travel outside of said municipality or city, without the authorization of the court,
shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited
as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not use telephones, cell phones, e-mails, computers, the
internet or other means of communication with people outside the residence until otherwise
ordered by the court.
The restrictions above-mentioned shall be terminated upon the acquittal of the accused or of the
dismissal of the case filed against him or earlier upon the discussion of the court on motion of the
prosecutor or of the accused.
Sec. 39 Seizure and Sequestration – The deposits and their outstanding balances, placements,
trust accounts, assets, and records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other implements, and property of
whatever kind and nature belonging: (1) to any person suspected of or charged before a
competent Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) to a judicially declared and outlawed organization, association, or group of persons;
or (3) to a member of such organization, association, or group of persons shall be seized,
sequestered and frozen 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.
The accused or a person suspected of 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 family’s
medical needs, upon 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/her indictment as a terrorist upon
permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of
Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to
commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust
accounts, assets and records as may be necessary for the regular sustenance of his/her family or
to use any of his/her property that has been seized, sequestered or frozen for legitimate purposes
while his/her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
