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Why Rights Groups Worry About The Philippines' New Anti-Terrorism Law

Julie McCarthy

A protester wearing a face mask demonstrates against the Philippines' new anti-terrorism law on July 4, in Quezon city, Metro Manila. Earlier this month, President Rodrigo Duterte approved a law that critics say could lead to more human rights abuses. Ezra Acayan/Getty Images hide caption

Updated at 5:12 p.m. ET

Petitions have piled up at the Philippines' Supreme Court to overturn a new anti-terrorism law championed by President Rodrigo Duterte, which could jail suspects without charge for weeks.

The government says it needs the legislation to combat insurgencies and that it safeguards freedoms. The Philippine Foreign Affairs Department even sent a letter to U.S. Congress members to allay concerns over the law, saying , "The Philippines remains committed to the protection of civil and political liberties as well as human rights."

But human rights groups warn that the hard-line Duterte administration could use the legislation to prosecute political opponents. The Philippine Catholic Church went so far as to compare the legislation to China's new national security law imposed on Hong Kong .

The law took effect Saturday at a time when the authorities are battling the coronavirus and arresting those caught breaching the lockdown. It follows widespread condemnation of the Duterte administration for harsh tactics against drug suspects and against government critics, as well as for undercutting civil liberties such as a free press, according to human rights advocates.

Here are some key takeaways from the debate around the Philippines' Anti-Terrorism Act of 2020.

The law greatly expands the definition of terrorism

It includes such broad offenses as "engaging in acts intended to endanger a person's life," intended to "damage public property" or "interfere with critical infrastructure," where the purpose is to intimidate the government.

The National Union of People's Lawyers has petitioned the Supreme Court to overturn the law on the grounds it is overly broad and essentially criminalizes intent.

One new offense, inciting to commit terrorism, is particularly problematic, the rights advocates say. The text says inciting others through "speeches, writings, proclamations, emblems, banners, and other representations tending to the same end" could carry a punishment of 12 years in prison.

"It chills freedom of expression. It chills free speech. It chills freedom of the press. It chills freedom of association," says Neri Colmenares, a leading human rights lawyer who is petitioning the Supreme Court.

The law does state, however, that it is not intended to punish advocacy, protest, dissent, industrial action and strikes, so long as they don't create "a serious risk to public safety."

"But who defines what is and what isn't a serious risk?" asks Aaron Sobel with the Carnegie Endowment for International Peace.

Defending the provision, National Security Adviser Hermogenes Esperon tells NPR that under the law, "activism is not terrorism."

But lawyer Colmenares argues that, for the Duterte administration, "terrorism is any form of dissent."

Most countries have anti-terrorism laws. The Philippines is no outlier

More than 140 governments have passed anti-terrorism laws since Sept. 11, 2001, with many expanding that legal arsenal over time.

The Philippines' legislation undeniably diminishes due process protections, but it does not widely diverge from what other countries in the region do.

Under the law, a terrorism suspect could be detained for 14 days without charge, a period that can be extended to 24 days. Human rights attorneys say that violates a constitutional provision that a person must be charged within three days of detention.

Esperon, the national security adviser, says it's not possible to build a terrorism case in 72 hours. "We need time to address criminals the likes of terrorists, especially when they're really good at covering their tracks," he says.

He says the government needs strong laws to prosecute militants aligned with the Islamic State and a decades-old communist insurgency.

He notes that the United States has held terrorism suspects far longer than 14 days. "And you keep some of them in Guantánamo, right? For how long?" he says.

The U.S. has held many detainees at the military prison in Guantánamo Bay, Cuba, for over a decade. Forty detainees remained at the facility as of 2019.

Around the world, advocates argue, terrorism suspects held for extended time without a charge could be subject to abuse or even torture.

Esperon says the Philippines' detention period is "one of the most limited" in the region, putting it on par with Australia and well below Singapore's two-year-long period of warrantless arrest for terrorism suspects.

The new law, however, includes a possible punishment of life imprisonment without parole, which rights advocates say leaves no chance for rehabilitation. The law also allows wiretaps and lengthy surveillance, which raises privacy concerns, according to rights activists.

Duterte's rights record hardens opposition to the law

Philippine President Rodrigo Duterte discusses issues related to the new coronavirus during a meeting with an infectious disease task force at the presidential guest house in Panacan, Davao City, southern Philippines, on July 7. Arman Baylon/Malacanang Presidential Photographers Division via AP hide caption

The Duterte government's poor human rights record has amplified apprehensions over the new anti-terrorism law.

Duterte's drug war has killed at least 8,600 Filipinos since 2016, with "near-impunity," according to a United Nations report in June.

Recently, the government shut down broadcaster ABS-CBN and prosecuted veteran journalist Maria Ressa, CEO of the news website Rappler, for cyber libel, which ended with her conviction. Both outlets have aggressively reported on Duterte's leadership.

'It's Unbelievable': Shutdown Of Philippines' Major Broadcaster Worries Many

Philippine Journalist Maria Ressa Found Guilty Of Violating Cyber Libel Law

The government has also jailed thousands of suspected violators and protesters of a lockdown to contain the rapid spread of the coronavirus.

Attorney Colmenares says, anti-lockdown protesters and violators "are afraid" that putting more power in the hands of police and President Duterte would "triple or quadruple" the arrests.

The new law replaces the 2007 Human Security Act, which security specialist Sidney Jones says was "one of the worst anti-terror laws that was ever passed because it had so many safeguards that it was never used or almost never used."

In the old law, authorities were fined $10,000 for every day a suspect was illegally detained. The new law eliminates that.

But analysts and rights advocates say they're concerned about how Duterte will use the new one.

Countries such as Egypt and Turkey have illustrated how governments led by populists, like Duterte, are using anti-terrorism laws to infringe on civil liberties and consolidate power, according to the Carnegie Endowment's Sobel.

"To me the Philippines is extremely emblematic of that. [Duterte's] firebrand type of speech helped him get elected and for a very long time he's been very popular," Sobel says, "and he's used that to erode civilian checks and balances."

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Home > LAWREVS > WILJ > Vol. 19 > No. 1 (2010)

Washington International Law Journal

An examination of the philippines' anti-terror law— suaviter in modo, fortiter in re.

Brent H. Lyew

The Philippines is rife with competing struggles for rights of self-determination and international terrorist networks. For years, the Philippine government prosecuted suspected terrorists without an anti-terror law. The absence of an express criminal violation for acts of terrorism led to a blurred distinction between punishing terrorists and punishing secessionists. Responding to public outcry that the Philippine government was violating human rights by punishing secessionists unjustly, the United Nations conducted an investigation. This investigation led to the placement of the Philippine government on the United Nations’ human rights watch list. The Philippine legislature, shortly thereafter, passed the Human Security Act of 2007 (“HSA”). This law codified the acts punishable as crimes of terrorism. Since the HSA’s passage, five prominent advocacy groups petitioned the Philippine Supreme Court to strike down the anti-terror law as unconstitutional for being overly vague and unjustly intruding on individual rights. This comment analyzes the lawfulness of the HSA.

Recommended Citation

Brent H. Lyew, Comment, An Examination of the Philippines' Anti-Terror Law— Suaviter in Modo, Fortiter in Re , 19 P ac. R im L & P ol'y J. 187 (2010). Available at: https://digitalcommons.law.uw.edu/wilj/vol19/iss1/8

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The Philippines’ anti-terror bill is poised to cause more terror

The government needs to accept that there are no shortcuts to peace and retract the bill.

As the world is plagued by COVID-19, an impending anti-terrorism bill is creating more fear in the Philippines.

Recently passed by Congress , the bill is set to be signed into law by President Rodrigo Duterte. If this happens, the bill will not only suppress the fundamental rights and freedoms of Filipinos, it will also terrorise the same conflict-affected communities it seeks to protect, as it undoes decades of peacebuilding work.

Despite protests against the bill and mounting calls to provide more time for deliberations, Congress has quietly fast-tracked its passage while the rest of the country braced for the impact of COVID-19. The bill will allow for a lengthened period of warrantless detention and expanded surveillance of those law enforcement deems suspicious. It will also remove stiff penalties for wrongful detention.

Most importantly, the bill carries a vague definition of “terrorism” that offers little distinction between organisations that commit acts of terror and revolutionary armed movements, which is important for those doing mediation among warring parties. The bill will provide law enforcers with broad powers to determine what constitutes a “terrorist”, shifting the burden of proof to suspected individuals and organisations. This is not only a threat to dissent and democracy, but also to peace.

Threat to peace in Mindanao

For more than half a century, the Philippine government has been trying to quell secessionist and communist armed movements in the country.

Bangsamoro, an autonomous region in the south of the Philippines, is currently in transition after decades of fighting between the government and the Moro Islamic Liberation Front. While much remains to be done, significant strides have been taken , with a transitional regional government installed last year and the decommissioning of combatants and arms under way. These gains have been made possible primarily by the peace talks and reconciliation processes.

The ill-advised and shortsighted fear of the ISIL (ISIS) armed group taking root in Mindanao, and the increased framing of the communist armed movements as “terrorist”, distract the government from seeing the gains of dialogue and peacebuilding.

The threat of terrorism is real, but it is not the main threat to peace.

In fact, militaristic approaches to counterterrorism have caused the most suffering and displacements, prompted breakdowns in ongoing peace processes , and given birth to more aggressive splinter groups like the Abu Sayyaf, Bangsamoro Islamic Freedom Fighters, and Maute Group.

Insensitivity to the local context and the peace process in prioritising fighting terrorists in Mamasapano in 2015 and Marawi in 2017 delayed the passage of the Bangsamoro Basic Law and undermined reconciliation across communities in the country. These should not be forgotten, and should not be repeated.

Opening old wounds

Due to a long history of discrimination, the Moro and Muslim minorities in the Philippines are often most affected not only by terrorist attacks but by harassment and warrantless arrests packaged as “counterterrorism”.

This profiling of Muslims as violent “terrorists” continues to this day. In January, it was discovered that the Manila Police District was collating information about Muslim youth and students in the National Capital Region for its “ preventing violent extremism” initiatives .

Two months before, in November 2019, the police barged into the office of a long-established Mindanao-based peacebuilding organisation , without a warrant, checked the living quarters, and inspected the bags of young Moros from Marawi who were attending a psychosocial support training.

Being a woman while being both Moro and Muslim adds another layer of vulnerability, especially with the heightened visibility that comes with wearing a headscarf. Women widowed by war and children orphaned by conflict are also disproportionately affected by counterterrorism that narrowly sees them as vulnerable to being recruited into terrorism, instead of partners who can inform policies for change.

This bill will undermine efforts at reconciliation, as it will make it easier to target Muslims and open old wounds anew.

Ending or escalating the communist insurgency?

The military generals clearly see the impending anti-terrorism bill as a way to “end” the world’s oldest existing communist insurgency. But the bill is more likely to reignite war and bring further insecurity.

Following the termination of the peace negotiations between the government, the Communist Party of the Philippines (CPP), the New People’s Army (NPA) and the National Democratic Front of the Philippines in 2017, the government has since branded the CPP-NPA as “terrorist” and filed a petition seeking to declare them terrorist organisations under the Human Security Act, the current counterterrorism law. Following delayed progress through the courts, the government has taken a new tack: change the law directly. Thus, the Anti Terror Bill.

The argument about whether the CPP-NPA is a terrorist organisation or a revolutionary movement is fraught with a lot of biases, and a long, violent history between the communist armed movement and the military. What is clear is that the impending declaration of the CPP-NPA as terrorist organisations will impede any future peace talks, and escalate violence and displacement in communities.

As lessons have not been learned, the military should be reminded that the CPP-NPA was at its strongest under the martial law regime of the dictator Ferdinand Marcos. It is not activism that pushes communities towards violence. Rather, it is crackdowns on nonviolent civic action that will push communities to lose trust in government and take alternative routes for affecting change.

‘Activism is not terrorism’

The government assures the public that crackdowns on activists will not happen under the guise of counterterrorism, but in the same breath the Speaker of the House tells activists to “not allow terrorists to hide within [their] ranks.” This statement itself is telling of the government’s narrow and misinformed mindset about activism and terror – that those who are radicalised through activism will participate in armed rebellions and, therefore, to prevent “violent extremism” the state should stop “radicalisation” made possible through activism.

Given this bias, and the weak intelligence capacity of law enforcers, the bill will crush progressive organisations and student activists who the state perceives are communist fronts; mediators who are perceived as communist sympathisers; and Indigenous people who are perceived as the main targets of recruitment by the NPA.

These groups are already being “red-tagged” or wrongly targeted for alleged links with the CPP-NPA . Even without the new law and under the martial law in place until last year, young Indigenous people who work on peacebuilding in Western Mindanao were reportedly wrongly included in the military’s “terrorist lists,” and asked to show themselves to law enforcers and prove they are not linked with the NPA. As the Senate president admitted, there is no need for martial law once this bill becomes law.

The looming anti-terror law will assume rather than fairly test the guilt of civilians, as law enforcers will have free reign to arrest and detain individuals based on mere suspicion. This is both unconstitutional and dangerous.

No shortcuts to peace

If implemented, the new anti-terrorism bill will not only impede our ability as peacebuilders and human rights defenders to bridge divides or raise the alarm when atrocities occur. It will also put our lives and limbs at risk. It will undo years of peacebuilding and further devastate the communities worst affected by terror.

If it is sincere in its “ whole-of-nation approach” to peacebuilding , the government must retract the bill, re-open deliberations and listen to a wide range of voices across society, especially the voices of those who have borne the brunt of both terrorist violence and abusive counterterror laws. It must heed the lessons from community leaders and peacebuilders. We need a policy that addresses the underlying roots of terrorism, and that prevents further distrust, injustice and escalations in violence.

Yet as I write this, trust in the government is also under threat. What is left of our democracy is under threat. Peace is under threat.

It is our collective duty to end violence against civilian communities. For this same reason, we cannot take shortcuts to peace.

This rushed and unrestrained anti-terror bill will cause terror – and it will come from the state.

The views expressed in this article are the authors’ own and do not necessarily reflect Al Jazeera’s editorial stance.

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The Philippines' Anti-Terrorism Act of 2020: Five things to know

Legislation already on Duterte's desk would give the president dramatic powers

MANILA -- Days after being marked "urgent" by President Rodrigo Duterte, the Philippines' House of Representatives last week approved the Anti-Terrorism Act of 2020, adopting the Senate's version, which was passed in February.

The bill has triggered online and street protests even as community quarantine restrictions are in place due to the coronavirus outbreak. A multisectoral backlash has also ensued, but supporters of the bill are pressing on.

Duterte signs controversial Philippine anti-terror bill into law

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A CLOSER LOOK ON THE PHILIPPINE ANTI-TERROR LAW

2020, Asia Pacific Law and Policy Review

The Philippines has been plagued with terrorism for a number of decades. Countless of terror attacks took place. Lives of thousands of civilians, military, police, and terrorists are lost. Millions of families have been displaced. Billions worth of properties have been damaged or totally destroyed. In July 3, 2020, the Anti-Terrorism Act (ATA) of 2020 which repealed the Human Security Act of 2007 was signed into law. For the government, this is a big development as the country continues to curb terrorism. However, critics of the new anti-terror law are adamant and appalled that it shall only be used as a mechanism to silence the Duterte administration’s political opponents, the activists, and the dissenters of the government. This research paper discussed the controversial ATA 2020, its alleged unconstitutionality as the detractors claim, the possible human rights violations that may be committed by law enforcers as the law is already in force, and the advantages of having ATA 2020 to combat terrorism and, to finally attain peace in the country so beleaguered for a long period of time.

Related Papers

Pauline Eadie

This article will outline why the Philippines is a significant topic of research in relation to the ‘War on Terror’ and the legislation designed to counter and manage terrorism. The influence of the United States’ PATRIOT Act on the crafting of the HSA and the extent to which the influence of the Patriot Act on the HSA is contested in the Philippines will be examined. This article focusses on the legislative dimensions of the PATRIOT Act and the HSA in relation to surveillance and redress. The legislative provisions on surveillance are assessed against the constitutions of the US and the Philippines respectively. I argue that the HSA was designed to be at one and the same time a sop to the US and unworkable in practice.

Chester Cabalza

The Human Security Act of 2007, otherwise known as Republic Act No. 9372, was enacted by the 13th Congress of the Philippines that took effect on July 15, 2008 providing legal framework for the government’s anti-terrorism strategy and security policies. However, this newly crafted statute does not have a landmark case yet. Proposition one looks at the absence of terrorism’s definition that makes the law as vague, ambiguous, and highly susceptible to abuse; thus, the said Act is also too broad. Proposition two compares the special law to some provisions of the 79-year-old Revised Penal Code or R.A. No 3815. Upon the enactment of the HSA, criticisms were thrown, especially among leftists or militants and civil libertarians or members of the civil society, that the Human Security Act will be used by the government to commit human rights abuses. Proposition three dissects some provision of the anti-terrorism law which may be contrary to basic human rights as it tackles controversies on wiretapping, detention, and the issue on writ of amparo. Lastly, proposition four discusses the view on whether or not the penalties and damages are just and admissible. All in all, this paper shall examine the pros and cons of the four-year old Human Security Act of 2007, using various perspectives in social sciences including legal and security studies dimensions to better understand the country’s continuous fight against terrorism that impedes social and economic development, as a major form of non-traditional security risk and human-induced disaster.

SSRN Electronic Journal

Dion Lorenz Romano

Last June 1, 2020, President Duterte certified the Anti-Terrorism Bill as urgent. Subsequently, Congress adopted the Senate version and passed it in the shortest time possible. The bill was intended to provide measures for the protection of the ordinary Filipino from acts of terrorism, and should have been with support and approval under normal circumstances. But this time is far from normal, and the bill has attracted opposition not only from the left, but from a broader sector of society. This brings us to these questions: what were the compelling reasons to certify the bill as more urgent than say, the extension of the extraordinary powers of the President to address the effects of the COVID-19 pandemic on the ordinary Filipino and our economy? Is the bill aligned with our constitution? Will it solve the domestic security problems festering for decades? What drives the objections against the bill? But perhaps the most disturbing concern among most members of society – do we have ...

Roland Simbulan

State terror in Asia has long been used to fight what governments have unilaterally declared as “terror.” Wars and counterinsurgency have long been pursued as a strategy against “terrorism” in Asia, and the war against “terrorism” has always been made an excuse by states to promote militarist and authoritarian dictatorships supporting Western expansionist, strategic and economic objectives. Today, the Sept. 11, 2001 attacks on the World Trade Center and the Pentagon and the subsequent declaration by the United States of a global war on terrorism has created a pretext for governments to extend and justify the use of draconian national security laws and measures to suppress movements for democracy and human rights.

I N T E R F E R E Journal for Critical Thought and Radical Politics

Jove Jim S Aguas

Australian Outlook

Balazs A Kovacs , DB Subedi

The new anti-terrorism law in the Philippines is aimed at addressing violent extremism and terrorism. However, imprecision in defining terrorism has blurred its boundary with armed conflict, which means the law can be misappropriated to close the space for peacebuilding in the Mindanao region.

Danilo Mahilum Jr.

International Progress Organization

Hans Koechler

CONTENTS (I) Preliminary remarks: The United Nations Organization in the global power constellation (II) Obstacles to the enforcement of the international rule of law in a unipolar power structure (III) Implications of a unipolar world order for the United Nations’ capacity to act as global guarantor of the rule of law, and in particular for the fight against terrorism (IV) The history of United Nations codification efforts and measures against terrorism (V) The way out of the dilemma: comprehensive definition of terrorism by means of integration into existing instruments of international humanitarian law (VI) The conditions for a consistent anti-terrorist policy of the United Nations (VII) Concluding remarks

Verity: Jurnal Ilmiah Hubungan Internasional (International Relations Journal)

Rachel Kumendong

Since 2014, the Islamic State (IS) has emerged as one of the deadliest threats to world peace and security, as evidenced by the increasing number of terrorist attacks carried out by IS worldwide, and the number of fatalities caused by these attacks. IS established its strongholds in Iraq and Syria and is determined to create a global caliphate through the creation of IS wilayats across the world. In 2016, IS began to weaken and lose territory in the Middle East which resulted in it strengthening its power in Southeast Asia by forming a wilayat in the Southern Philippines.The presence of IS in the Philippines has been perceived as a national security threat in the country. President Rodrigo Duterte has formulated a national strategy to combat global terrorism in the country. This study aims to determine the strategy to eradicate global terrorism in the Philippines and explain the considerations behind the formation of that strategy. This research uses neoclassical realist perspective...

Activists are not terrorists: the criminalisation of human rights defenders in the Philippines

Debates Indígenas

As in many other areas of the world, Philippine Indigenous Peoples are being forced to defend their territories from extractivism; however, the main problem they are facing here is the State’s attempt to criminalise them through accusations of terrorism. Massacres, persecution of leaders, illegal arrests, false evidence and police and military repression are just some of the emerging consequences of the new Anti-Terrorism Law. By Signe Leth for Debates Indígenas

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Duterte Signs Antiterrorism Bill in Philippines Despite Widespread Criticism

Human rights groups say the new law will give the police and military forces more powers to stifle dissent.

By Jason Gutierrez

MANILA — President Rodrigo Duterte signed a contentious antiterrorism bill Friday aimed at combating Islamic militancy in the south, a measure that critics warned could lead to more widespread human rights abuses.

Muslims living in the southern Philippines have spoken out against the legislation to broaden powers of arrest and detention. On Friday, a regional government in the southern island of Mindanao that includes former separatist rebels urged Mr. Duterte’s government not to go through with the measure.

The new law allows for terrorism suspects to be detained without a warrant, prolongs the amount of time that they can be detained without being charged in court, and removes a requirement that the police present suspects before a judge to assess whether they have been subjected to physical or mental torture.

Rights groups and activists say the new law is designed to give Mr. Duterte’s police and military forces more powers to stifle dissent against his populist rule amid his war on drugs, which has killed thousands of people.

Mr. Duterte’s spokesman, Harry Roque, said the new law was necessary to crack down on terrorism. “Terrorism, as we often said, strikes anytime and anywhere,” Mr. Roque said. “It is a crime against the people and humanity. Thus, the fight against terrorism requires a comprehensive approach.”

He stressed that terrorist acts in the Philippines had long “caused unimaginable grief and horror,” and added that the president and his legal team had carefully reviewed the legislation before he signed it into law.

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The Anti-Terrorism Law: A law against terrorists, or a terrifying law?

Republic Act (RA) 11479 or the Anti-Terrorism Act (ATA) of 2020 is different things to different people--and there lies the difficulty.

The statute's title clearly states "anti-terrorism," but the law itself terrifies a lot of people.

There are important nuances that must be discussed, but we must first go back to the beginning.

The Anti-Terrorism Bill was first pursued during the previous 17th Congress as a replacement to the Human Security Act of 2007, but it didn't prosper.

Then, in early June during the current 18th Congress and amid the pandemic, Malacañang certified the measure as urgent, with Presidential Spokesperson Harry Roque saying later that month that "Terrorists have not stopped launching attacks even if we are grappling with COVID-19."

By July 3, President Duterte had signed the controversial measure into law.

The first of 27 petitions

But less than 24 hours later--the ink of Duterte's signature barely dry--a group headed by lawyer Howard Calleja and former Education Secretary Armin Luistro electronically filed a petition challenging various provisions of the much-criticized law.

As of this writing, the Supreme Court has received a total of 27 petitions filed by representatives of nearly all sectors of society.

Expanded definition of terrorism

The law's purpose is to prevent, prohibit, and penalize terrorism in the country in a way that the Human Security Act supposedly failed to do.

It will do this by providing authorities with an expanded definition of terrorism, on top of the creation of the Anti-Terrorism Council (ATC), among other provisions.

ATA allows the detention of suspects without a judicial warrant of arrest for 14 days, which can be extended by 10 more days. The same can be placed under surveillance for 60 days, which can also be extended by up to 30 days, by the police or military.

Bayan Muna Party-List Rep. Carlos Zarate and Albay 1st district Rep. Edcel Lagman--who are behind two separate petitions before the High Court--have both cast aspersions on these provisions, calling them unconstitutional and outright dangerous.

"On the pretext of amending the Human Security Act of 2007 to make it more effective in the fight against terrorism, this new anti-terror law has expanded and overly broadened the definition of terrorism to make it easier for authorities to declare legitimate acts of expression, collective action, and dissent protected by the Constitution as terrorism," claimed Zarate on June 4, a day after the measure gained final approval in the House of Representatives.

Not against suppression of terrorism

In his counter-speech to President Duterte's State of the Nation Address (SoNA) last July 28, opposition congressman Lagman said: "Those of us opposing the Anti-Terror Act are not against the suppression of terrorism. What we are protesting against is using the fear of terrorism as a pretext to curtail civil liberties."

Lagman said this fear was "validated" when newly-installed Armed Forces of the Philippines (AFP) Chief of Staff Lt. Gen. Gilbert Gapay said last week that the Implementing Rules and Regulations (IRR) of ATA would be used to regulate social media.

"The Gapay statement extends the infringement of free speech to social media in general despite the absence of a specific provision in the ATA on regulating the Internet platform. The inclusion of the regulation of social media as proposed by Gapay in the IRR of the ATA does not have any legal basis because the IRR cannot modify or amend the law," Lagman said.

Petitioners raise numerous legal arguments

The SC petitioners raised numerous legal arguments, sought the repeal of the entire law or deletion of certain provisions and called for a temporary or permanent injunction of its implementation.

However, a common plea bonded the petition – that is the prayer asking SC magistrates to strike down the law, in part or in whole, for its unconstitutionality.

The bevy of petitioners included former Vice President Jejomar Binay; retired Supreme Court Justices Antonio Carpio and Conchita Carpio Morales, Senators Leila De Lima and Francis Pangilinan, Reps. Edcel Lagman and Kit Belmonte; the Makabayan bloc composed of six partylist solons and former Sen. Rene A.V.Saguisag; former Comelec Chairman Christian Monsod and Ateneo Human Rights Center lawyer Felicitas Arroyo. Petitioners from the academe included Dean Mel Sta. Maria and law professors of the Far Eastern University; former Dean Pacifico Agabin of the University of the Philippines College of Law; Dean Anna Maria Abad of the Adamson University College of Law; JV Bautista from the John Wesley School of Law ; Rose Liza-Eisma-Osorio of the University of Cebu school of Law and Dean Maria Soledad Deriquito of the Lyceum School of Law. Indigenous peoples were also opposed to the perceived unconstitutionality of the law. They were represented by Beverly Longid, of the Kabribu, Windel Bolinget of the Cordillera People’s Alliance; Samira Gutoc, Ako Bakwit; Drieza Liningding of Moro Consensus Group, among others. Leaders of various faiths called on the High Court to throw out the law. Among them are Bishop Broderick Pabillo of the Archdiocese of Mania; Bishop Normal Marigza, United Church of Christ in the Philippines; Rev. Rex Reyes, Episcopal Church in the Philippines; Dr. Aldrin Penamora of the Philippine Council of Evangelical Churches and Bishop Gerardo Alminaza of the Roman Catholic Dioceses of San Carlos City.

Sections sought to be declared ‘unconstitutional’

Sought to be declared unconstitutional were Sections 4,5,6,7, 8, 9, 10, 11, 12 (b), 25, 26, 27 and 29 of RA 11479. These provisions contain the definition of terrorism (Section 4) and acts to be penalized (Sections 5-12), which petitioners assailed for being “vague and violative of due process of the law.”

Carpio and Morales noted that while Section 4 provides that terrorism does not include advocacy, protest, dissent, stoppage of work, industrial or mass action and other similar exercises of civil and political rights, the qualifier have been rendered vague by the succeeding phrase “which are not intended to cause death or serious physical harm to a person, to endanger a person’s life or to create serious risk to public safety.”

Read the law — Cayetano

As for the other side of the fence, those who have argued in favor of ATA have a common message: read the law, and relax.

“Basahin natin before we criticize, because ang daling sabihin eh (na may) repression, wala ng democracy, draconian (Let's read it before we criticize because it's easy to say that there is repression, there is no more democracy, that it is draconian)," House Speaker Alan Peter Cayetano said last June 5.

Referring to terrorists, the Speaker said: "The enemy also evolves, becoming more fierce, determined, and innovative in their efforts to destroy and kill people."

But in case there would be abuses to the law, Cayetano guaranteed that it would be amended. This will take time, of course.

Include section dedicated to accountability - Nograles

Another supporter of RA 11479, Puwersa ng Bayaning Atleta (PBA) Party-list Rep. Jericho Nograles, proposed on June 21 to include in the IRR a whole section dedicated to the accountability of public officers. In that section, Nograles batted for the automatic filing of criminal, administrative and civil cases against public officers who abuse their discretion in carrying out anti-terrorism operations.

“The safeguards in the law must be clear in the IRR to be very sure that the anti-terror law will only be used against terrorists,” the solon stresed.

Safeguards to prevent abuse - Torres-Gomez

Meanwhile, these viral remarks from pro ATA-solon, Leyte 4th District Rep. Lucy Torres-Gomez also lit up both social and traditional media: "It's not a valid reason to reject needed legislation like the anti-terrorism bill because theoretically speaking, all laws can be abused, even social welfare laws that are very benign and charitable they can be abused. That is why there are safeguards in place to prevent those abuses from happening."

"We have to read the bill with the right target in mind. This is a bill that aims to (bring) terrorists to justice, this isn't about making life difficult (for) activists," Torres-Gomez added.

Stronger law vs terrorism-financing- Biazon

Asked point-blank if he believes that the Philippines is now safer with the ATA, Muntinlupa lone district Rep. Ruffy Biazon said yes.

"Naging stronger yung batas natin pagdating sa terrorism-financing. That's the fuel of terrorism eh--paano ba sila nakakapagrecruit? Kasi may pera sila (We now have a stronger law to address terrorism-financing. That's the fuel of terrorism--how are they able to recruit? It's because they have the money)."

Unique position on the law

Biazon's position on the law is somewhat unique--he pushed for it during the 17th Congress, and again in the 18th Congress; during the House plenary vote, he voted "no" to the bill and withdrew his authorship after learning that the Senate version was to be adopted; despite this, he insists that the country needs ATA.

He noted one key detail that has been "lost in the public discourse"--the Philippines' gray-listing by the France-based Financial Action Task Force (FATF) should the country fail to upgrade its laws in response to terrorism. "That's one of the principal reasons for the law during our discussions in the 17th Congress. Kasi yung atin (Because our) financial system may (has) certain loopholes with regard to combating terrorism-financing. Ang consequence sa atin malalagay tayo sa gray list (We would be gray-listed) as a consequence," Biazon said.

Explaining this, he said, "We are seen as vulnerable to be used by terrorists in terrorism financing or money-laundering. So isa yun sa mabigat na (That was one of the important) reasons why we needed to update the Human Security Act."

"Unfortunately, ang focus ng mga discussions napunta doon sa issues raised ng mga oppositors--yung mga concern about freedom of expression, suppression ng speech, mga ganun eh. Na-limit yung discussion (the focus of the discussions went to the issues raised by the oppositors--the concern about freedom of expression, suppression ng speech, and the like. It limited the discussion)." (Benjamin Rosario, Ellson Quismorio)

ANTI TERRORISM AND HUMAN RIGHTS

‘If you’ve got nothing to hide, you have nothing to fear’, but a detailed analysis of the human rights cost of the fast-expanding security state all over the world suggests otherwise.

The New Normal

Governments have rejected the view that they should provide security so people can enjoy their rights, and adopted the view that they must restrict rights to provide security. Many countries have made it easier to invoke and extend states of emergency and other emergency measures; what should be exceptional and temporary powers have increasingly become permanently embedded in ordinary criminal law.

Overly broad definitions of terrorism are a big part of the problem. Because there is no universally agreed definition, states and international bodies have created their own. But in that process, definitions of terrorism have become increasingly vague, so that they can be arbitrarily applied, meaning law-abiding citizens can be subjected to unwarranted surveillance , administrative orders which restrict their liberties, intrusive searches, arbitrary arrests, red-tagging or even worse, extrajudicial executions.

In the context of ‘countering terrorism’, states must ensure the respect of international human rights and humanitarian law. Currently, the implementing rules and regulations (IRR) of Republic Act 11479 or the Anti-Terrorism Act of 2020 in the Philippines is in violation of international standards on human rights and counter-terrorism.

The law risks granting further excessive powers to the Philippine executive, which has presided over serious human rights violations in the country under President Duterte. The Duterte administration continues to pursue its “ war on drugs ” despite the tens of thousands already killed by the police and by armed individuals. Attacks against human rights defenders and critics of the government – including activists, journalists, lawyers, church leaders, trade union leaders, and individuals and groups affiliated with the political left – have increased under a climate of impunity; they have repeatedly been ‘red-tagged’ and accused of being “terrorists” because of their perceived links to communist groups.

A disturbing picture is emerging in which unchecked powers are trampling freedoms we have all taken for granted.

The Act defines terrorism as:

Engaging in acts intended to cause death or serious bodily injury to any person or endangers a person’s life;
Engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property;
Engaging in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure;
Developing, manufacturing, possessing, acquiring, transporting, supplying, or using weapons; and
Releasing dangerous substances or causing fire, floods or explosions when the purpose is to intimidate the general public, create an atmosphere to spread a message of fear, provoke or influence by intimidation the government or any international organization, seriously destabilize or destroy the fundamental political, economic, or social structures in the country, or create a public emergency or seriously undermine public safety

Under the law, persons who propose, incite, conspire, and participate in the planning, training, and facilitation an offence under the act, as well as those who provide support to ‘terrorists’ as defined under the act, or recruit members of a ‘terrorist organisation’, could face life imprisonment without parole.

The law also punishes the following offences with 12 years’ imprisonment:

Threatening to commit ‘terrorism’
Inciting others or proposing to commit ‘terrorism’
Voluntarily and knowingly joining any ‘terrorist group’
Acting as an accessory in the commission of ‘terrorism’

The law allows suspects to be detained without a judicial warrant of arrest for 14 days and can be extended by 10 more days, and placed under surveillance for 60 days, that can also be extended by up to 30 days, by the police or military.

End attacks against indigenous peoples

Irr further weaponize anti-terror law.

Philippine e-Legal Forum

Philippine laws and legal system (pnl-law blog).

The Anti-Terrorism Act of 2020: Salient Points of Republic Act No. 11479

[Update: On 3 July 2020, the President signed Republic Act No. 11479, otherwise known as the Anti-Terrorism Act of 2020. Earlier this year, the Senate passed Senate Bill No. 1083, a proposed law to prevent, prohibit and penalize terrorism, and repeal Republic Act No. 9372 , otherwise known as the “Human Security Act of 2007.” The provisions of SB 1083 were adopted in House Bill No. 6875, certified as urgent by the President on 1 June 2020. On 3 June 2020, the House of Representatives approved HB 6875 on third and final reading. The enrolled bill was transmitted to and received by Malacanang on 9 June 2020. The salient points of the proposed Anti-Terrorism Act of 2020 are discussed below.]

WHO IS A TERRORIST INDIVIDUAL

A “terrorist individual” is a natural person who commits any of the following proscribed acts:

(i) Terrorism ;
(ii) Threat to commit terrorism ;
(iii) Planning, training, preparing and facilitating the commission of terrorism ;
(iv) Conspiracy to commit terrorism ;
(v) Proposal to commit terrorism ;
(vi) Inciting to commit terrorism ;
(vii) Recruitment to and membership in a terrorist organization ;
(viii) Foreign terrorist ; and
(ix) Providing material support to terrorist .

At this juncture, it is important to emphasize that the Anti-Terrorism Council has the authority to label or designate any person or group as a terrorist or terrorist group, respectively, and cause the warrantless arrest of any person suspected of committing the aforementioned proscribed acts.

WHAT IS A TERRORIST ORGANIZATION

A “terrorist organization” or “terrorist group” is: (1) any entity organized for the purpose of engaging in terrorism; or (2) any group of persons, organization or association who commits any of the acts enumerated above; or (3) United Nations Security Council-designated terrorist organization. The proposed law provides the procedure for proscription of terrorist organizations.

JURISDICTION AND SCOPE OF APPLICATION

The Anti-Terrorism Act of 2020 has extraterritorial application. The proposed law applies to the following:

(1) Any person who commits the proscribed acts within the territorial limits or jurisdiction of the Philippines.
(2) A Filipino citizen or national who commits any of the proscribed acts outside the territorial jurisdiction of the Philippines;
(3) Individual persons who, although physically outside the territorial limits of the Philippines, commit any of the proscribed acts inside the territorial limits of the Philippines;
(4) Individual persons who, although physically outside the territorial limits of the Philippines, commit any of the proscribed acts on board Philippine ship or Philippine airship:
(5) Individual persons who commit any of the proscribed acts within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity;
(6) Individual persons who, although physically outside the territorial limits of the Philippines, commit the proscribed acts against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and
(7) To individual persons who, although physically outside the territorial limits of the Philippines, commit the proscribed acts directly against the Philippine government.

In case of an individual who is neither a citizen nor a national of the Philippines who commits any of the proscribed acts 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.

WHAT IS NOT CONSIDERED TERRORISM

Terrorism does not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.

(i) TERRORISM

To constitute the crime of terrorism, the purpose of the act, by its nature and context, must be to: (i) intimidate the general public or a segment thereof, create an atmosphere or spread a message of fear; (ii) provoke or influence by intimidation the government or any of its international organization; (iii) seriously destabilize or destroy the fundamental political, economic, or social structures of the country; or (iv) create a public emergency or seriously undermine public safety.

Terrorism is committed by any person who, within or outside the Philippines, for any of the purposes enumerated above, regardless of the stage of execution:

(1) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life.
(2) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property.
(3) Engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure. “Critical infrastructure” refers to an asset or system, whether physical or virtual, so essential to the maintenance of vital societal functions or to the delivery of essential public services that the incapacity or destruction of such systems and assets would have a debilitating impact on national defense and security, national economy, public health or safety, the administration of justice, and other functions analogous thereto. It may include, but is not limited to, an asset or system affecting telecommunications, water and energy supply, emergency services, food security, fuel supply, banking and finance, transportation, radio and television, information systems and technology, chemical and nuclear sectors.
(4) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons.
(5) Release of dangerous substances, or causing fire, floods or explosions.

A person who commits the act of terrorism shall suffer the penalty of life imprisonment without the benefit of parole.

(ii) THREAT TO COMMIT TERRORISM

Any person who shall threaten to commit any of the above-enumerated acts of terrorism shall suffer the penalty of imprisonment of 12 years.

(iii) PLANNING, TRAINING, PREPARING, AND FACILITATING THE COMMISSION OF TERRORISM

It shall be unlawful for any person to participate in the planning, training, preparation and facilitation in the commission of terrorism, possessing objects connected with the preparation for the commission of terrorism, or collecting or making documents connected with the preparation of terrorism. “Training” refers to the giving of instruction or teaching designed to impart a specific skill in relation to terrorism as defined hereunder, as opposed to general knowledge.

The accused, if found guilty, shall suffer the penalty of life imprisonment without the benefit of parole.

(iv) CONSPIRACY TO COMMIT TERRORISM

There is conspiracy when two or more persons come to an agreement concerning the commission of terrorism and decide to commit the same. Any conspiracy to commit terrorism shall be penalized by life imprisonment without the benefit of parole.

(v) PROPOSAL TO COMMIT TERRORISM

Proposal to commit terrorism is committed when a person who has decided to commit any of the proscribed acts proposes its execution to some other person or persons. Any person who proposes to commit terrorism shall suffer the penalty of imprisonment of 12 years.

(vi) INCITING TO COMMIT TERRORISM

A person commits inciting to commit terrorism when, without taking any direct part in the commission of terrorism, he/she incites others to the execution of any of the above-enumerated acts of terrorism by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. The imposable penalty is imprisonment of 12 years.

(vii) RECRUITMENT TO AND MEMBERSHIP IN A TERRORIST ORGANIZATION

Any person who shall recruit another to participate in, join, commit or support: (i) any terrorism; or (ii) a terrorist individual; or (iii) any terrorist organization, association or group of persons, shall suffer the penalty of life imprisonment without the benefit of parole.

The same penalty shall be imposed on any person who organizes or facilitates the travel of individuals to a state other than their state of residence or nationality for the purpose of recruitment which may be committed through any of the following means:

(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign state, whether the armed force forms part of the armed forces of the government of that foreign state or otherwise;
(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any capacity in or with such an armed force;
(c) Publishing an advertisement or propaganda containing any information relating to the place at which or the manner in which persons may make applications to serve or obtain information relating to service in any capacity in or with such armed force or relating to the manner in which persons may travel to a foreign state for the purpose of serving in any capacity in or with such armed force; or
(d) Performing any other act with the intention of facilitating or promoting the recruitment of persons to serve in any capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any terrorist organization, association or group of persons, knowing that such is a terrorist organization, association or group of persons, shall suffer the penalty of imprisonment of 12 years.

(viii) FOREIGN TERRORIST

The following acts are unlawful and shall be punished with the penalty of life imprisonment without the benefit of parole:

(a) For any person to travel or attempt to travel to a state other than his/her state of residence or nationality, for the purpose of perpetrating, planning, or preparing for, or participating in terrorism, or providing or receiving terrorist training;
(b) For any person to organize or facilitate the travel of individuals who travel to a state other than their states of residence or nationality knowing that such travel is for the purpose of perpetrating, planning, training, or preparing for, or participating in terrorism or providing or receiving terrorist training; or
(c) For any person residing abroad who comes to the Philippines to participate in perpetrating, planning, training, or preparing for, or participating in terrorism or provide support for or facilitate or receive terrorist training here or abroad.

(ix) PROVIDING MATERIAL SUPPORT TO TERRORISTS

Any person who provides material support to any terrorist individual or terrorist organization, association or group of persons committing any of the proscribed acts , or knowing that such individual or organization, association, or group of persons is committing or planning to commit such acts, shall be liable as principal to any and all terrorist activities committed by said individuals or organizations, in addition to other criminal liabilities he/she or they may have incurred in relation thereto.

“Material support” refers to any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (one or more individuals who may be or include oneself), and transportation.

THE ANTI-TERRORISM COUNCIL (ATC)

The ATC, created under the proposed law, is composed of: (1) the Executive Secretary, as Chairperson: (2) the National Security Adviser, as Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (6) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; (7) the Secretary of Justice; (8) the Secretary of Information and Communications Technology; and (9) the Executive Director of the Anti-Money Laundering Council or AMLC Secretariat.

AUTHORITY TO DESIGNATE TERRORIST INDIVIDUALS OR TERRORIST GROUPS

The ATC is given the power to label or designate any person or group as a terrorist or terrorist group, respectively. The ATC may designate an individual, groups of persons, organization, or association, whether domestic or foreign, upon a finding of probable cause that the individual, groups of persons, organization, or association commit, or attempt to commit, or conspire in the commission of the proscribed acts .

The designation includes the authority to freeze, through the Anti-Money Laundering Council (AMLC), the assets of the designated individual, groups of persons, organization or association. The designation shall be without prejudice to the proscription of terrorist organizations, associations, or groups of persons.

PROSCRIPTION OF TERRORIST GROUPS

The Court of Appeals (CA) is given the jurisdiction to hear and decide applications for proscription to declare any group of persons, organization or association as a terrorist and outlawed group of persons, organization or association. The verified application is filed by the Department of Justice (DOJ), with authorization from the ATC and recommendation from the National Intelligence Coordinating Agency (NICA).

A preliminary order of proscription is issued, within 72 hours from the filing of the application, when the CA makes a finding of probable cause, that the issuance of an order of proscription is necessary to prevent the commission of terrorism. The CA shall immediately commence and conduct continuous hearings, which must be completed within 6 months from the time the application has been filed, to determine whether:

(a) The preliminary order of proscription should be made permanent;
(b) A permanent order of proscription should be issued in case no preliminary order was issued; or
(c) A preliminary order of proscription should be lifted.

The applicant has the burden of proving that the respondent is a terrorist and an outlawed organization or association before the CA issues an order of proscription, whether preliminary or permanent. The permanent order of proscription, if granted, shall be posted in a newspaper of general circulation. It shall be valid for a period of 3 years after which, a review of such order shall be made and if circumstances warrant, the same shall be lifted.

DETENTION WITHOUT JUDICIAL WARRANT OF ARREST

The ATC is empowered to authorize any law enforcement agent or military personnel to arrest any person SUSPECTED of committing any of the proscribed acts . The person arrested may be detained, without any warrant, for a period of 14 calendar days, subject to a 10-day extension if it is established that: (a) further detention of the person/s is necessary to preserve evidence related to the terrorism or complete the investigation; (b) further detention of the person/s is necessary to prevent the commission of another terrorism; and (c) the investigation is being conducted properly and without delay.

[See also Valid Warrantless Arrests in the Philippines and Valid Warrantless Searches in the Philippines ]

The arresting officer has no duty to turn-over the accused to judicial authorities. However, the arresting officer must notify the judge of the court nearest the place of apprehension or arrest of the following facts: (a) the time, date, and manner of arrest; (b) the location or locations of the detained suspect/s and (c) the physical and mental condition of the detained suspect/s. The arresting officer must furnish a copy of the written notice to the ATC and the Commission on Human Rights (CHR).

RESTRICTION ON THE RIGHT TO TRAVEL

The prosecution may apply for a precautionary hold departure order (PHDO) before filing an information for any violation of the proscribed acts , or a hold departure order (HDO) upon filing of the information. If the evidence of guilt is strong, the court shall immediately issue an HDO and direct the DFA to initiate the procedure for the cancellation of the passport of the accused.

In cases where evidence of guilt is not strong , and the person charged 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:

(a) Within the municipality or city where he/she resides or where the case is pending, in the interest of national security and public safety. 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/her bail, which shall be forfeited; or
(b) House arrest, at his/her usual place of residence. While under house arrest, he/she may not use telephones, cellphones, e-mails, computers, the internet, or other means of communications with people outside the residence until otherwise ordered by the court.

The restrictions shall be terminated: (a) on motion of the prosecutor or of the accused, subject to court approval; or (b) upon dismissal of the case; or (c) upon acquittal of the accused.

SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF COMMUNICATIONS

Law enforcement officers or military personnel may apply for a court order (Court of Appeals) to secretly wiretap, overhear and listen to, intercept, screen, read, surveil, record or collect, with the use of any mode, form, kind or type of electronic, mechanical or other equipment or device or technology now known or may hereafter be known to science, or with the use of any other suitable ways and means for the above purposes, any private communications, conversation, discussion/s, data, information, messages in whatever form, kind or nature, spoken or written words:

(a) of any person charged with or suspected of committing any of the proscribed acts.
(b) between members of a judicially declared and outlawed terrorist organization.
(c) between members of a designated person, as defined in Republic Act No. 10168, to wit:
(ii) any organization, association, or group of persons proscribed pursuant to Section 17 of the Human Security Act of 2007; or
(iii) any person, organization, association, or group of persons whose funds or property, based on probable cause are subject to seizure and sequestration under Section 39 of the Human Security Act of 2007.

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. [See also Illegal Interception of Computer Data, Warrant to Intercept (WICD): Rule on Cybercrime Warrants ]

The law enforcement agent or military personnel shall likewise be obligated to file an ex-parte application with the Court of Appeals for the issuance of an order to compel telecommunications service providers (TSP) and internet service providers (ISP) to produce all customer information and identification records as well as call and text data records, content and other cellular or internet metadata of any person suspected of any of the crimes defined and penalized under the provisions of the proposed law.

The authorizing division of the Court of Appeals must make a determination that:

(a) there is probable cause to believe based on personal knowledge of facts or circumstances that the a proscribed act has been committed, or is being committed, or is about to be committed; and
(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.

Any authorization granted by the Court of Appeals is 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 60 days from the date of receipt of the written order by the applicant law enforcement agent or military personnel. It is subject to a 30-day extension.

The written order granted by the authorizing division of the Court of Appeals, as well as the application for such order, shall be deemed classified information . The penalty of imprisonment of 10 years shall be imposed upon any person, law enforcement agent or military personnel, judicial officer or civil servant who, not being authorized by the Court of Appeals, reveals in any manner or form any classified information.

NO TORTURE OR COERCION IN INVESTIGATION AND INTERROGATION

The use of torture and other cruel, inhumane and degrading treatment or punishment, 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.

RIGHTS OF A PERSON UNDER CUSTODIAL DETENTION

The moment a person charged with or suspected of committing any of the proscribed acts is apprehended or arrested and detained, he shall forthwith be informed of his or her right to:

(a) be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the law enforcement agent or military personnel concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person/s detained and provide him or her with legal assistance. These rights cannot be waived except in writing and in the presence of his/her counsel of choice;
(b) be informed of the cause or causes of his/her detention in the presence of his legal counsel;
(c) be allowed to communicate freely with his/her legal counsel and to confer with them at any time without restriction;
(d) be allowed to communicate freely and privately without restrictions with the members of his/her family or with his/her nearest relatives and to be visited by them; and,
(e) be allowed freely to avail of the service of a physician or physicians of choice.

VIOLATIONS OF THE RIGHTS OF DETAINEES

Any law enforcement agent or military personnel who violates the rights of persons under his/her custody shall be liable for imprisonment of 10 years. Unless the law enforcement agent or military personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same penalty shall be imposed on the head of the law enforcement unit or military unit having custody of the detainee at the time the violation was done.

FALSE EVIDENCE; WITNESS PROTECTION

Under the proposed law, a 6-year imprisonment is imposed on any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing conducted in relation to any violations covered by the proposed law.

This penalty may not be applicable because the proposed law also provides for immunity and protection of government witnesses.

BAN ON EXTRAORDINARY RENDITION

No person suspected or convicted of any of the proscribed acts shall be subjected to extraordinary rendition to any country. Extraordinary rendition refers to the transfer of a person, suspected of being a terrorist or supporter of a terrorist organization to a foreign nation for imprisonment and interrogation on behalf of the transferring nation. The extraordinary rendition may be done without framing any formal charges, trial, or approval of the court.

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14 thoughts on “ The Anti-Terrorism Act of 2020: Salient Points of Republic Act No. 11479 ”

It’s extremely dangerous. The way the police planted evidence on that solider they killed in broad daylight and the way Sinas is exonerated of what was clearly a wrong, imagine giving them almost absolute power to declare anyone a terrorist and make arrests. Judge and executioner rolled into one.

ATC po ang magdedecide kung sino ang suspected terrorist, hindi police pakibasa naman po.

The ATC are only to give the authorization to any LAW ENFORCEMENT agent or military personnel to arrest SUSPECTED, again suspected from the proscribed acts mentioned, but not to declare a person or group as TERRORIST.

Pinapangunahan niyo kasi ang gobyerno. How about those soldiers who were attacked and killed by NPA? How about the youth that are being recruited by terrorist groups?

No to anti terrorism bill

Yes to Anti-Terrorism Bill

Okay naman pala. Wag kasi tamang hinala

Juno- Neuterte

Mga terrorists yang mga nag sasabing No to anti terrorism law

Thanks, but its a no for me. The ATC can just be appointed by the president; too much power– plus the people that will enforce this pa. This bill should be revised. It can be abused.

Sir, gamhanan kaayo ang ATC noh!

read and understand! kailangan natin yan para lalo tumatag ang bansa!

Waiting for the IRR. Yes to Anti Terrorism Bill

Read: UP Law IHR’s Guides to the Anti-Terrorism Bill

The recently enacted Anti-Terrorism Bill (ATB) has raised apprehensions from various sectors within the Philippines. In light of this, the University of the Philippines Institute of Human Rights (UP-IHR) director, Professor Elizabeth Aguiling-Pangalangan and senior lawyers Glenda Litong, Raymond Baguilat and Michael Tiu, Jr. drafted a Briefer entitled At a Glance: The Anti-Terrorism Bill, and a Primer: Facing Terror, to make sense of the proposed ATB.

At a Glance also digests and gives a rundown of the problematic provisions under the Anti-Terrorism bill and explains its consequences from a human rights perspective. Meanwhile, the Primer provides readers with a brief introduction of the ATB and the rationale for its enactment. It discusses in more detail provisions under the ATB and compares it with other relevant legislation and jurisprudence. A critique on the impact of the ATB to the Bill of Rights, its inherent limitations, and the threat that it poses against Indigenous Peoples and Muslim Filipinos is also conveyed.

It is hoped that the Institute’s contributions to the discussion on the ATB will spark further discourse and inform both lawyers and non-lawyers alike about the potential consequences of the enactment of this bill.

Click here to download the PDF copy of the At a Glance Briefer

Click here to download the PDF copy of the At a Glance Briefer (Slides)

Click here to download the PDF copy of the Primer

Post category: News
Post published: June 16, 2020
Post last modified: June 27, 2020

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[OPINION] Responding to the Anti-Terror Law from the United States

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This is AI generated summarization, which may have errors. For context, always refer to the full article.

[OPINION] Responding to the Anti-Terror Law from the United States

RA 11479, or the Duterte regime’s Anti-Terror Law of 2020, took effect on midnight of July 18. Under this supposed national security law, Duterte will create an Anti-Terrorism council that can make warrantless arrests, freeze assets of suspects, and surveil suspects. Furthermore, as a result of the law’s vague definition of “terrorism,” the council would have the power to decide who is a terrorist. The long reach of the legislation also makes it potentially applicable to Filipinos abroad.

Through this law, Duterte fortifies his power by absorbing the functions granted to the judicial and legislative branches of the government. Sedition charges are now being filed against ordinary citizens critiquing the Duterte regime on social media. Duterte said that law-abiding citizens need not worry if they are not terrorists, but Duterte’s political machinery has expanded its energy from the vitriolic trolling of critics online, by broadening what the state perceives as “terror.”

The Commission on Human Rights reported on the difficulty in tracking down the sustained extrajudicial killings in the Philippines, especially within the militarized handling of the pandemic. Earlier this month, it was reported that there were 107 complaints on arrests and detention and 55 on extrajudicial killings. Authorities will also carry out house-to-house searches for people with or without COVID-19 symptoms, who will then be transferred to government-run isolation facilities. Government officers cited a Philippine law stating those refusing to cooperate may be fined or imprisoned. The house-to-house search that the state euphemistically calls “Oplan Kalinga,” kalinga meaning care, intimidates Filipinos seeking shelter from the pandemic in their own homes.

Intimidation occurs on a bigger scale, with the government striking at the media. Recently, the Manila Regional Trial Court found journalist Maria Ressa guilty of cyberlibel, in what critics believe was a politically motivated ruling. On July 10, 70 members of the Philippine Congress voted “no” on ABS-CBN’s appeal to renew their media franchise, affirming the spreading power of the Duterte regime. Our elders would remember the ABS-CBN shutdown during the Marcos dictatorship. This time, media censorship is even more staggering because of the display of complicity by state officials. The Philippines is already the 5 th most dangerous country in the world for journalists . The future is not looking bright in a situation that mixes impunity with complicity.

We have seen throughout Duterte’s presidency, and in particular in the last couple of months, a targeting of those that stand in the name of democratic freedoms and human rights. The recent arrests of activists such as those involved in a Global Pride March as well as Senator Bong Go’s deployment of the National Bureau of Investigation to look into social media criticisms of the senator are worrying signs that point to the potential abuses of the Anti-Terror Law. The Duterte government’s actions have shown that if you stand for a free press, if you oppose the government in any way, if you defend the human rights of others, you are treated as an enemy of the state. With such a record, it is no wonder why so many are worried that such a government would have the power to define who is a terrorist.

In this context, we ask two questions: What can we, in the diaspora, materially do? How are we to proceed, beyond the performative expressions of care, and beyond our nostalgic attachments to the islands?

We might start with continuing to challenge complicities happening at our dinner tables. Our scholarship and energy could be directed inwards, recruiting our own family members as audiences of our own work and pushing back against the anti-human rights discourse that is circulated in our own intimate circle and homes.

Another potential action is to contact our government representatives in the countries where we are and urge them to publicly oppose the Anti-Terror Law in the Philippines. In the US, over 50 representatives are currently publicly in opposition to the ATL, and it would certainly help to see more. Calls from US government leaders towards the Philippines are potentially irksome to the Duterte government, as we saw Presidential Spokesperson Harry Roque directly respond to the opposition of US reps just a few days ago.

We can also urge these representatives to support the Philippine Human Rights Act , a legislation that aims to tie US security aid to the Philippines to improvements in the human rights situation in the Philippines. Individuals and organizations can also sign on to support PHRA .

Lastly, we can find people that are doing the work of organizing and join them. There has been no lack of folks in the diaspora mobilizing on Philippine issues. Malaya Movement , for example, is made up of a wide range of people all brought together by the following points:

Stop the killings
No to fascist dictatorship
Scrap Executive Order 70 , Memorandum Order 32 and all other de facto Martial Law policies
End corruption and the practice of political dynasty in the Philippines
Stand for genuine democracy
Defend Philippine sovereignty against all foreign powers

We happen to think Malaya Movement and Respond and Break the Silence Against the Killings are among the organizations that are doing important work, but there are many more that we can work with.

In closing, to briefly speak directly to those of us that might hold citizenship outside of the Philippines – acts like these are targeting Filipinos and aiming to silence them into submission. If we are in a position to do so, this would be a key moment to be loud about our opposition to these attacks on democracy and human rights. Our vocal dissent can help amplify their struggles and support their efforts. We can do this by mobilizing in our localities and taking opportunities to speak up and educate ourselves and each other. – Rappler.com

This essay merges the presentations of the authors delivered at the Pino/a/x/y Powerpoint Party on July 18, 2020, organized by Michael Salgarolo and Noelle Malvar.

Dada Docot is an assistant professor in the Department of Anthropology at Purdue University. She is an anthropologist of her hometown in Bicol, and of the Filipino diaspora.

Mark John Sanchez is a lecturer in History & Literature at Harvard University. He is a historian of Philippine social movements and human rights.

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Venues and clubs to face fines up to £18 million as part of new anti-terrorism measures

Uk venues and events with a capacity of more than 200 people will be required to take steps to prepare for an attack, article bookmarked.

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Venues and nightclubs could face fines of up to £18 million if they flout new rules to protect visitors and staff from terror attacks.

The plans, part of the Terrorism (Protection of Premises) Bill and named after victim Martyn Hett, were introduced to Parliament on Thursday seven years after the Manchester Arena bombing in the wake of rows over years of delays.

The move – which will see the legislation debated and voted on by MPs and peers – means the country is “one step closer to making public spaces safer”, Mr Hett’s mother Figen Murray, who campaigned for the changes, said.

Ms Murray’s 29-year-old son was one of 22 people murdered in the suicide bombing at the end of an Ariana Grande concert in May 2017.

Under the proposals, all UK venues and events with a capacity of more than 200 people will be required to take steps to prepare for and protect against an attack on their premises.

They will have a duty to report to regulator the Security Industry Authority (SIA), bring in a string of safety procedures to meet the requirements and face checks to make sure they are following the rules.

Changes could range from simple security measures such as locking doors, closing shutters and identifying safe escape routes.

Figen Murray, mother of Manchester Arena bombing victim Martyn Hett, and her husband Stuart speaking to Sir Keir Starmer about Martyn’s Law (Stefan Rousseau/PA)

But big venues will also need to appoint a senior staff member responsible for making sure the premises is meeting its legal requirements.

These larger venues will also be tasked with identifying how they could be vulnerable to an attack, taking steps to reduce these risks and documenting what measures they are taking.

It is estimated the changes could affect 155,000 smaller businesses with venue capacity of between 200 and 799 people, at an average anticipated cost of £330 a year.

Around 24,000 larger venues, with capacity of 800 and above, could be subject to the laws and face average costs of around £5,000 a year as a result.

Sanctions for failing to follow the rules could initially include being issued with warnings such as compliance notices where they will be ordered to change or improve procedures.

But this could escalate to penalties including a maximum fine of £10,000 for smaller businesses and up to £18 million for larger venues for serious breaches.

The plans were introduced to Parliament seven years after the Manchester Arena bombing (Peter Byrne/PA)

Big venues could also face restrictions on holding events while concerns about their security procedures are addressed.

While the proposed laws will not apply to venues with a capacity of less than 200, business owners can choose voluntarily to adopt measures and follow guidance.

It is not yet known when the rules could come into force, if voted through by Parliament, but Government officials anticipate it could take between one and two years for the Bill to become law and measures to be implemented.

Ms Murray said: “I want to thank everyone who has played a part in getting the Bill to this stage, and especially the Prime Minister, who gave me his word that he would act quickly to introduce Martyn’s Law.

“He said he would act quickly and he has.

“Today means we are one step closer to making public spaces safer for everyone.

“It is also hugely important for my family that Martyn’s Law will be on the statute book ahead of the next anniversary of Martyn’s death.”

After walking 200 miles from Manchester to Downing Street earlier this year to promote her cause, Ms Murray said she felt “let down” and “misled” when then-prime minister Rishi Sunak promised her he would introduce the legislation before the parliamentary summer break.

But later the same day he called the general election, leading to Parliament being dissolved before Martyn’s Law could be enacted.

Labour vowed in its manifesto to bring in the laws and confirmed its intention in the King’s Speech to Parliament in July.

Home Secretary Yvette Cooper said the legislation had been “a long time coming” as she paid tribute to Ms Murray’s tireless campaigning.

She added: “This legislation will strengthen public safety, help protect staff and the public from terrorism and ensure we learn the lessons from the terrible Manchester Arena attack and the inquiry that followed.

“It is important we now take this forward through Parliament in Martyn’s memory and to help keep people safe.”

Brendan Cox, co-founder of group Survivors Against Terror, described the development as a “major breakthrough” in closing “security loopholes that put us all at risk”, adding: “Survivors of terror attacks aren’t looking for sympathy – they are looking for change that makes it less likely that others will endure what they have.”

Former counter-terrorism police chief Nick Aldworth welcomed the speed at which the new Government had acted on introducing the Bill to Parliament, calling it a “significant step”.

“It is important that as the law comes into force we continue to listen to security experts and ensure the threshold is set to protect as many people and public venues as possible,” he added.

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IMAGES

Anti-Terrorism Act of 2020
Anti Terror Law: One of the most controversial topic in the country
🎉 Essay on terrorism in simple english. Essay on World Terrorism in
Essay ANTI Terror LAW
ATL
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COMMENTS

[OPINION] Surviving and fighting the anti-terror law
Just before day's end on July 3, President Duterte signed into law what is now the Anti-Terrorism Act of 2020, which repeals the 2007 Human Security Act. Republic Act No. 11479 is an abomination ...
Why Rights Groups Worry About The Philippines' New Anti-Terrorism Law
Ezra Acayan/Getty Images. Updated at 5:12 p.m. ET. Petitions have piled up at the Philippines' Supreme Court to overturn a new anti-terrorism law championed by President Rodrigo Duterte, which ...
PDF Essay 1. Terrorism and the law: past and present international approaches
Campaigns of terror—whether instigated by states (as in Guatemala in the 1980s) or by non-state groups (as in Angola in the past three decades)—are often simply mass violations of fundamental human rights such as the right to life and to security. 4 The convention was signed at The Hague on 16 Dec. 1970.
The Anti-Terror Law
Provisions in the bill will allow the creation of a presidentially appointed Anti-Terrorism Council, who will have the authority to designate terrorism suspects and empower police and military to conduct warrantless arrests and detain suspects for up to 24 days (8x longer than current law allows) without any formal charges or before they're ...
PDF at a glance: The ANTI-TERRORISM BILL
surveillance and recording of communications (upon order of the Court of Appeals) and detention without judicial warrant for a period of up to 24 days. free speech and association. This includes broadly-defined provisions, such as Sections 5 (Threat to Commit Terrorism) and 9 (Inciting to Commit Terrorism), which may create a "chilling effect ...
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A) and the flexibility built into human rights law to deal with exceptional circumstances (sect. B). A. The promotion and protection of human rights while countering terrorism. Just as terrorism impacts on human rights and the functioning of society, so too can measures adopted by States to counter terrorism.
Balancing national security and human rights: Assessing the legal
For example, see the powers contained in Part 5 of the Terrorism Act (UK) and Part 10 of the Anti-terrorism, Crime and Security Act 2001 (UK); the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth); ss. 83.3(6)-(7) of the Criminal Code, RS 1985, c. 46; and ss. 22-24 of the Protection of ...
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Background. On 3 July 2020, Philippine President Rodrigo Duterte signed into law the "Anti-Terrorism Act of 2020", which replaces the Human Security Act of 2007. Amnesty International has called on the Philippine government to reject this legislation that contains dangerous provisions and risks further undermining human rights in the country.
"An Examination of the Philippines' Anti-Terror Law— Suaviter in Modo
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A CLOSER LOOK ON THE PHILIPPINE ANTI-TERROR LAW
View PDF. An Open Access Publication from The Law Brigade Publishers 258 A CLOSER LOOK ON THE PHILIPPINE ANTI-TERROR LAW Written by Christian Gonzales Master of Arts in Philosophy; Juris Doctor; Instructor, Isabela State University - Cauayan Campus, Philippines ABSTRACT The Philippines has been plagued with terrorism for a number of decades.
Duterte Signs Antiterrorism Bill in Philippines Despite Widespread
Mr. Duterte's spokesman, Harry Roque, said the new law was necessary to crack down on terrorism. "Terrorism, as we often said, strikes anytime and anywhere," Mr. Roque said.
The Anti-Terrorism Law: A law against terrorists, or a terrifying law?
Expanded definition of terrorism. The law's purpose is to prevent, prohibit, and penalize terrorism in the country in a way that the Human Security Act supposedly failed to do. It will do this by providing authorities with an expanded definition of terrorism, on top of the creation of the Anti-Terrorism Council (ATC), among other provisions.
ANTI TERRORISM AND HUMAN RIGHTS
Currently, the implementing rules and regulations (IRR) of Republic Act 11479 or the Anti-Terrorism Act of 2020 in the Philippines is in violation of international standards on human rights and counter-terrorism. The law risks granting further excessive powers to the Philippine executive, which has presided over serious human rights violations ...
Essay ANTI Terror LAW
Anti- Terrorism Law Opinion Essay. The Anti-Terrorism Act of 2020, officially designated as Republic Act No. 11479, was signed by President Rodrigo Duterte on July 3, 2020. Terrorism is defined as violence to sow fear and is premeditated, one in which someone threatens to use violence or force which brings or causes harm to person, property ...
The Anti-Terrorism Act of 2020: Salient Points of Republic Act No
The Anti-Terrorism Act of 2020 has extraterritorial application. The proposed law applies to the following: (1) Any person who commits the proscribed acts within the territorial limits or jurisdiction of the Philippines. (2) A Filipino citizen or national who commits any of the proscribed acts outside the territorial jurisdiction of the ...
Cheat sheet: Supreme Court anti-terror law oral arguments
Sections 5-14. They criminalize threat to commit terrorism; planning, training, preparing and facilitating to commit terrorism; conspiracy to commit terrorism; proposal to commit terrorism ...
Read: UP Law IHR's Guides to the Anti-Terrorism Bill
The recently enacted Anti-Terrorism Bill (ATB) has raised apprehensions from various sectors within the Philippines. In light of this, the University of the Philippines Institute of Human Rights (UP-IHR) director, Professor Elizabeth Aguiling-Pangalangan and senior lawyers Glenda Litong, Raymond Baguilat and Michael Tiu, Jr. drafted a Briefer entitled At a Glance: The Anti-Terrorism Bill, and ...
[OPINION] Responding to the Anti-Terror Law from the United States
Under this supposed national security law, Duterte will create an Anti-Terrorism council that can make warrantless arrests, freeze assets of suspects, and surveil suspects. Furthermore, as a ...
Venues and clubs to face fines up to £18 million in new anti-terrorism
Venues and clubs to face fines up to £18 million as part of new anti-terrorism measures. ... While the proposed laws will not apply to venues with a capacity of less than 200, business owners can ...