REPUBLIC ACT No. 11479 - Anti Terrorism For Powerpoint Presentation
REPUBLIC ACT No. 11479 - Anti Terrorism For Powerpoint Presentation
REPUBLIC ACT No. 11479 - Anti Terrorism For Powerpoint Presentation
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SECTION 1. Short Title. — This Act shall henceforth be known as
"The Anti-Terrorism Act of 2020".
SEC. 2. Declaration of Policy. — It is declared a policy of the State
to protect life, liberty, and property from terrorism, to condemn
terrorism as inimical and dangerous to the national security of the
country and to the welfare of the people, and to make terrorism a
crime against the Filipino people, against humanity, and against The
Law of Nations.
In the implementation of the policy stated above, the State shall
uphold the basic rights and fundamental liberties of the people as
enshrined in the Constitution.
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
The law enforcement custodial unit who fails to comply with the
preceding paragraphs to keep an official logbook shall suffer the
penalty of imprisonment of ten (10) years.
SEC. 33. No Torture or Coercion in Investigation and
Interrogation. — The use of torture and other cruel, inhumane
and degrading treatment or punishment, as defined in Sections 4
and 5 of Republic Act No. 9745 otherwise known as the "Anti-
Torture Act of 2009," at any time during the investigation or
interrogation of a detained suspected terrorist is absolutely
prohibited and shall be penalized under said law. Any evidence
obtained from said detained person resulting from such treatment
shall be, in its entirety, inadmissible and cannot be used as
evidence in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
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,
Il 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
(c) International affairs and capacity building program — The program shall endeavor to
build the State's capacity to prevent and combat terrorism by strengthening the collaborative mechanisms
between and among ATC members and support agencies and facilitate cooperation among relevant
stakeholders, both local and international, in the battle agamst terrorism; and
(d) Legal affairs program — The program shall ensure respect for human rights and
adherence to the rule of law as the fundamental bases of the fight against terrorism. It shall guarantee
compliance with the same as well as with international commitments to counterterrorism-related
protocols and bilateral and/or multilateral agreements.
Nothing herein shall be interpreted to empower the ATC to exercise any judicial or quasi-judicial
power or authority.
SEC. 46. Functions of the Council. — In pursuit of its mandate in the previous Section, the ATC shall
have the
following functions with due regard for the rights of the people as mandated by the Constitution and
pertinent laws:
(a) Formulate and adopt plans, programs, and preventive and counter-measures against
terrorists and terrorism in the country;
(b) Coordinate all national efforts to suppress and eradicate terrorism in the country and
mobilize the entire nation against terrorism prescribed in this Act;
(c) Direct the speedy investigation and prosecution of all persons detained or accused for
any crime defined and penalized under this Act;
(d) Monitor the progress of the investigation and prosecution of all persons accused and/or
detained for any crime defined and penalized under the provisions of this Act;
(f) Enlist the assistance of and file the appropriate action with the AMLC to freeze and
forfeit the funds, bank deposits, placements, trust accounts, assets and property of whatever kind and
nature belonging (i) to a person suspected of or charged with alleged violation of any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, (ii) between members of a
judicially declared and outlawed terrorist organization or association as provided in Section 26 of this
Act; (iji) to designated persons defined under Section 3(e) of R. A. No. 10168; (iv) to an individual
member of such designated persons; or (v) any individual, organization, association or group of persons
proscribed under Section 26 hereof;
(g) Grant monetary rewards and other incentives to informers who give vital information
leading to the apprehension, arrest, detention, prosecution, and conviction of person or persons found
guilty for violation of any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of this Act: Provided, That, no monetary reward shall be granted to informants unless the
accused's demurrer to evidence has been denied or the prosecution has rested its case without such
demurrer having been filed;
(h) Establish and maintain coordination with and the cooperation and assistance of other
states, jurisdictions, international entities and organizations in preventing and combating international
terrorism;
(i)Take action on relevant resolutions issued by the UN Security Council acting under Chapter VII
of the UN Charter; and consistent with the national interest, take action on foreign requests to designate
terrorist individuals, associations, organizations or group of persons;
(j)Take measures to prevent the acquisition and proliferation by terrorists of weapons of mass
destruction;
(k) Lead in the formulation and implementation of a national strategic plan to prevent and
combat terrorism;
(l)Request the Supreme Court to designate specific divisions of the Court of Appeals or Regional
Trial Courts to handle all cases involving the crimes defined and penalized under this Act;
(m) Require other government agencies, offices and entities and officers and employees and
non-government organizations, private entities and individuals to render assistance to the ATC in the
performance of its mandate; and
(n) Investigate motu proprio or upon complaint any report of abuse, malicious application or
improper implementation by any person of the provisions of this Act.
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.
SEC. 48. Ban on Extraordinary Rendition. — No person suspected or convicted of any of the crimes
defined and penalized under the provisions of Sections 4, 5, 6, 7, 8, 9, 10, Il or 12 of this Act shall be
subjected to extraordinary rendition to any country.
SEC. 49. Extraterritorial Application. — Subject to the provision of any 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:
(a) To a Filipino citizen or national who commits any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the
Philippines;
(b) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial limits of
the Philippines;
(c) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes mentioned m Paragraph (a) hereof on board Philippme ship or
Philippine airship;
(d) To individual persons who commit any of said crimes mentioned in Paragraph (a) hereof within
any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government
in an official capacity;
(e) To individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes mentioned in Paragraph (a) hereof against Philippine citizens or persons
of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime;
and
(f) To individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.
In case of an individual who is neither a citizen or a national of the Philippmes who commits any
of the crimes mentioned in Paragraph (a) hereof outside the territorial limits of the Philippines, the
Philippines shall exercise jurisdiction only when such Individual enters or is inside the territory of the
Philippines: Provided, That, in the absence of any request for extradition from the state where the crime
was committed or the state where the individual is a citizen or national, or the denial thereof, the ATC
shall refer the case to the BI for deportation or to the DOJ for prosecution in the same manner as if the
act constituting the offense had been committed in the Philippines.
SEC. 50. Joint Oversight Committee. — Upon the effectivity of this Act, a Joint Congressional
Oversight Committee is hereby constituted. The Committee shall be composed of twelve (12) members
with the chairperson of the Committee on Public Order of the Senate and the House of Representatives
as members and five (5) additional members from each House to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority shall be entitled to a pro-
rata representation but shall have at least two (2) representatives in the Committee.
In the exercise of its oversight functions, the Joint Congressional Oversight Committee shall have the
authority to summon law enforcement or military officers and the members of the ATC to appear before
it, and require them to answer questions and submit written reports of the acts they have done in the
implementation of this Act and render an annual report to both Houses of Congress as to its status and
implementation.
SEC. 5L Protection of Most Vulnerable Groups. — There shall be due regard for the welfare of
any suspects who are elderly, pregnant, persons with disability, women and children while they are
under Investigation, Interrogation or detention.
SEC. 52. Management of Persons Charged Under this Act. -- The Bureau of Jail Management
and Penology (BJMP) and the Bureau of Corrections (BuCoR) shall establish a system of assessment
and classification for persons charged for
committing terrorism and preparatory acts punishable under this Act. Said system shall cover the proper
management, handling, and interventions for said persons detained.
Persons charged under this Act shall be detained in existing facilities of the BJMP and the BuCoR.
SEC. 53. Trial of Persons Charged Under this Act. — Any person charged for violations of Sections
4, 5, 6, 7, 8, 9, 10, Il or 12 of this Act shall be tried in special courts created for this purpose. In this
regard, the Supreme Court shall designate certain branches of the Regional Trial Courts as anti terror
courts whose jurisdiction is exclusively limited to try violations of the abovementioned provisions of
this Act.
Persons charged under the provisions of this Act and witnesses shall be allowed to remotely appear and
provide testimonies through the use of video-conferencing and such other technology now known or
may hereafter be known to science as approved by the Supreme Court.
SEC. 54. Implementing Rules and Regulations. — The ATC and the DOJ, with the active
participation of police and military institutions, shall promulgate the rules and regulations for the
effective implementation of this Act within ninety (90) days after its effectivity. They shall also
ensure the full dissemination of such rules and regulations to both Houses of Congress, and all
officers and members of various law enforcement agencies.
SEC. 55. Separability Clause. — If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
SEC. 56. Repealing Clause. — Republic Act No. 9372, otherwise known as the "Human Security Act
of 2007", is hereby repealed. All laws, decrees, executive orders, rules or regulations or parts thereof,
inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC. 57. Saving Clause. — All judicial decisions and orders issued, as well as pending actions relative
to the implementation of Republic Act No. 9372, otherwise known as the "Human Security Act of
2007", prior to its repeal shall remain valid and effective.
SEC. 58. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
This Act was passed by the Senate of the Philippines as Senate Bill No. 1083 on February 26,
2020, and adopted by the House of Representatives as an amendment to House Bill No. 6875 on June 5,
2020, respectively.