HUMAN SECURITY ACT OF 2007

RA 9372
Prepared by: Pros. Hyacinth T. Jadraque
WHAT IS TERRORISM? WHAT ARE THE
ACTS CONSTITUTING 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 the Philippine Waters);
 b. Article 134 (Rebellion or Insurrection);
 c. Article 134-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:
Prepared by: Pros. Jadraque
 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)
Prepared by: Pros. Jadraque
 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. 3)

Prepared by: Pros. Jadraque

CONSPIRACY TO COMMIT TERRORISM
 Persons who conspire to commit the crime of terrorism
shall suffer the penalty of forty (40) years of
imprisonment.
 There is conspiracy when two or more persons come to
an agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to
commit the same. (Sec. 4)

Prepared by: Pros. Jadraque

WHO IS AN ACCOMPLICE; PENALTY?
 Any person who, not being a principal under Article 17
of the Revised Penal Code or a conspirator as defined in
Section 4 hereof, cooperates in the execution of either
the crime of terrorism or conspiracy to commit terrorism
by previous or simultaneous acts shall suffer the penalty
of from seventeen (17) years, four months one day to
twenty (20) years of imprisonment. (sec.5)

Prepared by: Pros. Jadraque

WHO IS AN ACCESSORY; PENALTY?
 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 its
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
(12) years of imprisonment.( Sec.6)
Prepared by: Pros. Jadraque
EXCEPTION
 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 degrees, with the single exception of accessories
falling within the provisions of subparagraph (a). (Sec.
6)

Prepared by: Pros. Jadraque

 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 or 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.7)
Prepared by: Pros. Jadraque
FORMAL APPLICATION FOR JUDICIAL
AUTHORIZATION (SEC.8)
 The written order of the authorizing division of the Court
of Appeals to track down, tap, listen to, intercept, and
record communications, messages, conversations,
discussions, or spoken or written words of any person
suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall only be granted by
the authorizing division of the Court of Appeals upon an
ex parte written application of a police or of a law
enforcement official who has been duly authorized in
writing by the Anti-Terrorism Council created in Section
53 of this Act
Prepared by: Pros. Jadraque
CONTENTS OF THE APPLICATION
 to file such ex parte application, and upon examination under oath
or affirmation of the applicant and the witnesses he may produce
to establish:
 (a) that there is probable cause to believe based on personal
knowledge of facts or circumstances that the said crime of
terrorism or conspiracy to commit terrorism has been committed,
or is being committed, or is about to be committed;
 (b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is
essential to the conviction of any charged or suspected person for,
or to the solution or prevention of, any such crimes, will be
obtained; and,
 (c) that there is no other effective means readily available for
acquiring such evidence.
Prepared by: Pros. Jadraque
CLASSIFIED INFORMATION
 The written order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to extend or renew
the same, the original application of the applicant, including his
application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council shall be deemed
and are hereby declared as classified information: Provided, That
the person being surveilled or whose communications, letters,
papers, messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged or
recorded by law enforcement authorities has the right to be
informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the
legality of the interference before the Court of Appeals which
issued the written order XXXX. (Sec.9)
Prepared by: Pros. Jadraque
EFFECTIVE PERIOD OF JUDICIAL
AUTHORIZATION (SEC. 10)
 Any authorization granted by the authorizing division of
the Court of Appeals, pursuant to Section 9(d) of this
Act, shall only be effective for the length of time
specified in the written order of the authorizing division
of the Court of Appeals, which shall not exceed a period
of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals
by the applicant police or law enforcement official.
  extendible for another 30 days; same applicant

Prepared by: Pros. Jadraque

 If no case is filed within the thirty (30)-day period, the
applicant police or law enforcement official shall
immediately notify the person subject of the
surveillance, interception and recording of the
termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed
upon the applicant police or law enforcement official
who fails to notify the person subject of the surveillance,
monitoring, interception and recording as specified
above.
Prepared by: Pros. Jadraque
CUSTODY OF INTERCEPTED AND
RECORDED COMMUNICATIONS
 All tapes, discs, and recordings made pursuant to the
authorization of the authorizing division of the Court of Appeals,
including all excerpts and summaries thereof as well as all
written notes or memoranda made in connection therewith, shall,
within forty-eight (48) hours after the expiration of the period
fixed in the written order of the authorizing division of the Court
of Appeals or within forty-eight (48) hours after the expiration of
any extension or renewal granted by the authorizing division of
the Court of Appeals, be deposited with the authorizing Division
of the Court of Appeals in a sealed envelope or sealed package, as
the case may be, and shall be accompanied by a joint affidavit of
the applicant police or law enforcement official and the members
of his team. (Sec.11)
  return must be under oath
Prepared by: Pros. Jadraque
HOW TO DISPOSED THE DEPOSITED
MATERIAL?
  authorized by written order of the authorizing division of
the Court of Appeals
  upon a written application of the Department of Justice
filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism
Council to file the application
  with proper written notice the person whose conversation,
communication, message discussion or spoken or written
words have been the subject of surveillance, monitoring,
recording and interception to open, reveal, divulge, and use
the contents of the sealed envelope or sealed package as
evidence. (Sec. 13)
Prepared by: Pros. Jadraque
HOW TO OPEN DEPOSITED SEALED
ENVELOPE OR SEALED PACKAGE?
 The written application with notice to the party concerned to
open the deposited sealed envelope or sealed package shall
clearly state the purpose or reason: (a) for opening the sealed
envelope or sealed package; (b) for revealing or disclosing its
classified contents; (c) for replaying, divulging, and or reading
any of the listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any of
the notes or memoranda made in connection therewith); [ and,
(d) for using any of said listened to, intercepted, and recorded
communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and
summaries thereof and any of the notes or memoranda made in
connection therewith) as evidence. (Sec.14)
Prepared by: Pros. Jadraque
FRUIT OF THE POISONOUS TREE
 Any listened to, intercepted, and recorded
communications, messages, conversations, discussions,
or spoken or written words, or any part or parts thereof,
or any information or fact contained therein, including
their existence, content, substance, purport, effect, or
meaning, which have been secured in violation of the
pertinent provisions of this Act, shall absolutely not be
admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
 Penalty for Unauthorized or Malicious Interceptions
and/or Recordings
Prepared by: Pros. Jadraque
 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 the acts to
terrorize mentioned in this Act or to sow and create 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, upon application of
the Department of Justice before a competent Regional
Trial Court, with due notice and opportunity to be heard
given to the organization, association, or group of persons
concerned, be declared as a terrorist and outlawed
organization, association, or group of persons by the said
Regional Trial Court. (Sec.17)
Prepared by: Pros. Jadraque
PERIOD OF DETENTION WITHOUT JUDICIAL
WARRANT OF ARREST (SEC. 18)
 any police or law enforcement personnel, who, having
been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or
suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall within a period of
three days counted from the moment the said charged or
suspected person has been apprehended or arrested,
detained, and taken into custody by the said police, or
law enforcement personnel
  Art. 125, RPC inapplicable

 must result from the surveillance conducted

Prepared by: Pros. Jadraque
 present him or her before any judge at the latter's
residence or office nearest the place where the arrest
took place at any time of the day or night.
 It shall be the duty of the judge, among other things, to
ascertain the identity of the police or law enforcement
personnel and the person or persons they have arrested
and presented before him or her, to inquire of them the
reasons why they have arrested the person and determine
by questioning and personal observation whether or not
the suspect has been subjected to any physical, moral or
psychological torture by whom and why.
Prepared by: Pros. Jadraque
 The judge shall then submit a written report of what
he/she had observed when the subject was brought
before him to the proper court that has jurisdiction over
the case of the person thus arrested. The judge shall
forthwith submit his/her report within three calendar
days from the time the suspect was brought to his/her
residence or office.

Prepared by: Pros. Jadraque

 Immediately after taking custody of a person charged
with or suspected of the crime of terrorism or conspiracy
to commit terrorism, the police or law enforcement
personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest:
Provided ,That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the
judge nearest the place where the accused was arrested.
  at the time of presentation
Prepared by: Pros. Jadraque
PERIOD OF DETENTION IN THE EVENT OF AN
ACTUAL OR IMMINENT TERRORIST ATTACK
 In the event of an actual or imminent terrorist attack, suspects may
not be detained for more than three days without the written
approval of a municipal, city, provincial or regional official of a
Human Rights Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of Appeals nearest
the place of the arrest. If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the residence of any
of the officials mentioned above that is nearest the place where the
accused was arrested. The approval in writing of any of the said
officials shall be secured by the police or law enforcement personnel
concerned within five days after the date of the detention of the
persons concerned: Provided, however, That within three days after
the detention the suspects, whose connection with the terror attack or
threat is not established, shall be released immediately.(Sec.19)
Prepared by: Pros. Jadraque
PENALTY FOR FAILURE TO DELIVER SUSPECT TO
THE PROPER JUDICIAL AUTHORITY WITHIN
THREE DAYS
 The penalty of ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed upon any police
or law enforcement personnel who has apprehended or
arrested, detained and taken custody of a person charged
with or suspected of the crime of terrorism or conspiracy
to commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within
the period of three days. (Sec.20)

Prepared by: Pros. Jadraque

 SEC. 21. Rights of a Person under Custodial Detention
 SEC. 22. Penalty for Violation of the Rights of a
Detainee
 SEC. 23. Requirement for an Official Custodial Logbook
and its Contents
 SEC. 24. No Torture or Coercion in Investigation and
Interrogation
 SEC. 25. Penalty for Threat, Intimidation, Coercion, or
Torture in the Investigation and Interrogation of a
Detained Person
Prepared by: Pros. Jadraque
RESTRICTION ON TRAVEL (SEC. 26)
 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 xxx.
 He/she may also be placed under house arrest by order
of the court

Prepared by: Pros. Jadraque

 Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records
 Upon application

  classified information

  if granted, period of thirty (30) days from the date of

receipt of the written order, subject to extension for
another 30 days, upon application by original applicant
  to file case to the Prosecutor’s Office within 30 days

Prepared by: Pros. Jadraque

 SEC. 33. Disposition of Bank Materials
 SEC. 34. Application to Open Deposited Bank Materials

 SEC. 35. Evidentiary Value of Deposited Bank Materials

 SEC. 36. Penalty for Unauthorized or Malicious

Examination of a Bank or a Financial Institution
 SEC. 37. Penalty of Bank Officials and Employees
Defying a Court Authorization
 SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits
Prepared by: Pros. Jadraque
 SEC. 39. Seizure and Sequestration
 SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and
Records property held in trust by the bank or financial
institution
 SEC. 41. Disposition of the Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Record  deemed lifted after termination
(innocent); automatically forfeited in favor of the
government, in case of conviction
Prepared by: Pros. Jadraque
 Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of Five hundred thousand
pesos (P500.000.00) a day for the period in which his
properties, assets or funds were seized shall be paid to
him on the concept of liquidated damages. The amount
shall be taken from the appropriations of the police or
law enforcement agency that caused the filing of the
enumerated charges against him/her.

Prepared by: Pros. Jadraque

OTHER ACTS PUNISHED:
 SEC. 42. Penalty for Unjustified Refusal to Restore or
Delay in Restoring Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and
Records
 SEC. 43. Penalty for the Loss, Misuse, Diversion or
Dissipation of Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and
Records
 SEC. 44. Infidelity in the Custody of Detained Persons

 SEC. 47. Penalty for Furnishing False Evidence, Forged

Document, or Spurious Evidence

Prepared by: Pros. Jadraque

 Continuous Trial. - In cases of terrorism or conspiracy
to commit terrorism, the judge shall set the continuous
trial on a daily basis from Monday to Friday or other
short-term trial calendar so as to ensure speedy trial.
(Sec. 48)
 Prosecution Under This Act Shall be a Bar to Another
Prosecution under the Revised Penal Code or any
Special Penal Laws (sec.49)-DJ

Prepared by: Pros. Jadraque

ANTI-TERRORISM COUNCIL
 An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the "Council," is hereby created. The
members of the Council are: (1) the Executive Secretary,
who shall be its Chairperson; (2) the Secretary of Justice,
who shall be its Vice Chairperson; and (3) the Secretary
of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local
Government; (6) the Secretary of Finance; and (7) the
National Security Advisor, as its other members.(Sec.
53)

Prepared by: Pros. Jadraque

 SEC. 57. Ban on Extraordinary Rendition. - No person
suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country
unless his or her testimony is needed for terrorist related
police investigations or judicial trials in the said country
and unless his or her human rights, including the right
against torture, and right to counsel, are officially
assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.

Prepared by: Pros. Jadraque

WHAT IS EXTRAORDINARY RENDITION?
  extrajudicial practice, carried out by U.S. government
agencies, of transferring a prisoner to a foreign country
for the purposes of detention and interrogation.
 Ban on Extraordinary Rendition  is the transfer
without legal process of a detainee to the custody of a
foreign government for the purposes of detention and
interrogation.

Prepared by: Pros. Jadraque

EXTRA-TERRITORIAL APPLICATION OF
THIS ACT, WHEN APPLICABLE?
 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 in this Act within the terrestrial
domain, interior waters, maritime zone, and airspace of
the Philippines;
 (2) to individual persons who, although physically outside
the territorial limits of the Philippines, commit, conspire
or plot to commit any of the crimes defined and punished
in this Act inside the territorial limits of the Philippines;
Prepared by: Pros. Jadraque
 (3) to individual persons who, although physically outside the
territorial limits of the Philippines, commit any of the said crimes
on board Philippine ship or Philippine airship; (4) to individual
persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the
Philippine government in an official capacity;
 (5) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the
crime; and
 (6) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes directly
against the Philippine government.
Prepared by: Pros. Jadraque
POSSIBLE QUESTIONS:
 definition of Terrorism
 crimes constituting terrorism

 Applicability of Art. 125 viz procedure

 Who are liable? Exception of some Accessory

 exclusionary rule

 extraordinary rendition
Thank you!