REPUBLIC ACT NO.

9372 An Act to Secure the State and Protect Our People from Terrorism HUMAN SECURITY ACT OF 2007 I. The law defines and punishes the crime of terrorism. Terrorism is defined as, a. The commission of any of the crimes of: i. Under the Revised Penal Code 1. Piracy in General and Mutiny in the High Seas or in the Philippines Waters (Article 122) 2. Rebellion or Insurrection (Article 134) 3. Coup detat, including acts committed by private persons (Article 134-a) 4. Murder (Article 248) 5. Kidnapping and Serious Illegal Detention (Article 267) 6. Crimes Involving Destruction (Article 324) ii. Under Special Laws 1. The Law on Arson (P.D. 1613) 2. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 (R.A. 6969) 3. Atomic Energy Regulatory and Liability Act of 1968 (R.A. 5207) 4. Anti-Hijacking Law (R.A. 6235) 5. Anti-piracy and Anti-highway Robbery Law of 1974 (P.D. 532) 6. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives (P.D. 1866) b. thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace c. in order to coerce the government to give in to an unlawful demand II. Requirements for Terrorism a. The accused (an individual or a group) commits any of the above-enumerated crimes b. There results a condition of widespread and extraordinary fear and panic among the populace i. The extent and degree of fear and panic, including the number of people affected in order to meet the term populace, are questions of facts to be determined by the courts and on a case to case basis.

c. The purpose of the accused must be to coerce the government to give into an unlawful demand i. The word demand is too broad as to cover not only political, criminal or monetary demands but also those which may be categorized as social or economic. This is however qualified by the word unlawful. III. Penalties a. Principal/Conspiracy Forty (40) years of imprisonment, without the benefit of parole b. Accomplice Seventeen (17) years, four (4) months and one (1) day to Twenty (20) years of imprisonment c. Accessory Ten (10) years and one (1) day to Twelve (12) years of imprisonment IV. Surveillance of Suspects and Interception and Recording of Communications a. A police or law enforcement official and the members of his team may, upon written order of the Court of Appeals, listen to, intercept and record [] any communication, conversation, discussion, or spoken or written words between members of i. A judicially declared and outlawed terrorist organization, association, or group of persons, or ii. Of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. b. The Judicial Authorization can only be issued by the Court of Appeals: i. 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 ii. Upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish 1. Probable cause that terrorism/conspiracy to commit terrorism has been committed, or is about to be committed; 2. Probable cause 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 3. That there is no other effective means readily available for acquiring such evidence. iii. Effectivity period of the Judicial Authorization 1. Time specified in the written order, which shall not exceed thirty (30) days from the date of receipt of said order by the applicant 2. Extendable or renewable for another non-extendable period of not exceeding thirty (30) days from expiration of original period.

iv. Filing of information and Notification 1. The applicant police/law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals within which to filed the appropriate case 2. If no case is filed within the thirty (30)-day period, the police/law enforcement official shall immediately notify the person subject of the surveillance. V. Custody of Intercepted and Recorded Communications a. All tapes, discs, and recordings, excerpts, summaries, etc. shall, within 48 hours after the expiration of the period fixed in the Judicial Authorization or its renewed/extended period, be deposited with the authorizing division of the Court of Appeals. b. The law enforcement official and his team shall execute a joint affidavit pursuant to Section 12 of the law VI. Proscription of Terrorist Organizations, Association, or Group of Persons a. Any organization, association, or group or persons (i) organized for the purpose of engaging in terrorism, or which, (ii) although not organized for that purpose, actually uses acts of terrorism i. Upon application for the Department of Justice before a competent Regional Trial Court ii. With due notice and opportunity to be heard given to such organization, etc. VII. Arrest of Suspected Terrorist a. A suspected terrorist may be arrested by any law enforcement personnel provided: i. The law enforcement agent was duly authorizes in writing by the AntiTerrorism Council ii. The arrest was the result of a surveillance or examination of bank deposits b. Upon arrest and prior to actual detention, the law enforcement agent must present the suspected terrorist before any judge, at the latters residence or office nearest the place of arrest, at any time of the day or night. The judge shall, within 3 days, submit a written report of the presentation to the court where the suspect shall have been charged. c. Immediately after taking custody of a person charged or suspected as a terrorist, the police or law enforcement personnel shall notify in writing the judge of the nearest place of apprehension or arrest, but it the arrest is made during non-office hours, the written notice shall be served at the nearest residence of the judge nearest the place of arrest. d. Restriction on Travel

i. In cases where evidence of guilty is not strong, the person charged with the crime is entitled to bail, with limitation to the right of travel of the accused within the municipality or city where he resides or where the case is pending. ii. Travel outside, without authorization of the court, shall be deemed a violation of the terms and conditions of his bail. iii. He may also be placed under house arrest. VIII. Period of Detention in the Event of an Actual or Imminent Terrorist Attack a. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than 3 days without the written approval of the Human Rights Commission, or judge of the MTC/RTC, Sandiganbayan or Court of Appeals nearest the place of arrest. b. If the arrest was on a non-working daw or hour, the person arrested shall be brought to the residence of any of the above named officials nearest the place of arrest. c. The 3-day period is counted from the moment the person charged or suspected as terrorist has been apprehended or arrested, detained and taken into custody. d. The custodial unit shall keep an official logbook detailing the name of the person arrested, the date and time of initial admission for custody and arrest state his health; date and time of removal from his cell and his return thereto; date and time of visits and by whom; all other important date bearing on his treatment while under arrest and custody IX. Other acts punished as offenses in relation to the arrest/detention of suspected terrorists a. Violation of the rights of a person detained i. Right to be informed of the nature and cause of the arrest; to remain silent; to counsel (Miranda Rights) ii. To communicate and confer with counsel at any time without restriction iii. To communicate at any time and without restrictions with members of family or relatives and be visited by them iv. To avail of the services of a physician of choice b. Offenses relating to an official log book i. Failure to keep an official logbook ii. Failure to promptly issue a certified true copy of the entries of the log book upon demand of lawyer/s, members of the family or relative within the 4th civil degree of consanguinity or affinity, physician. c. Using threat, intimidation coercion, inflicting physical pain, or torment or mental, emotional, moral or psychological pressure which shall vitiate the free will d. Infidelity in the custody of detained persons

e. Knowingly furnishing false testimony, forged document or spurious evidence in any investigation or hearing under the law X. Judicial Authority to Examine Bank Deposits a. Written order issued by the authorizing division of the Court of Appeals b. Upon an ex parte application of a police or a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council c. Upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the back deposits, placements, trust accounts, assets, and records, of i. Person charged/suspected of the crime of terrorism or conspiracy to commit terrorism ii. Judicially declared and outlawed terrorist organizations iii. Any member of such organization d. Effectivity i. Effective for the length of time specified in the written order which shall not exceed a period of 30 days from the date of receipt by the applicant ii. Extendable/renewable for another period which shall not exceed 30 days renewable to another 30days from the expiration of the original period. e. Filing of case and Notification i. The applicant law enforcement official shall have 30 days after the termination of the period to file the appropriate case ii. If no case is filed within the 30 days period, the applicant shall immediately notify in writing the person subject of the bank examination and freezing of account. f. Same rules as to Custody, Joint-Affidavit, Disposition, Application to Open g. The bank or financial institution concerned shall not refuse to allow such examination or to provide the desired information. XI. Continuous Trial a. To ensure speedy trial, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar XII. Consequences of Prosecution Under This Law a. Prosecution under this act shall be a bar to another prosecution under the RPC or any other special law for any offense or felony which is necessarily included in the offense charged b. If the suspect is acquitted, he is entitled to P500,000.00 for every day of detention without a warrant of arrest

i. Any person who delays the release or refuses to release the amount shall be punished by imprisonment of 6 months ii. He should be release within 15 days from the date of acquittal of the accused. XIII. Provisions on the Identity of the Informant a. The officer to whom the name of the suspect was first revealed shall record the real name and specific address of the informant and shall report the same to his superior officer who shall in turn transmit the information to the Congressional Oversight Committee within 5 days after the suspect was placed under arrest, or his properties sequestered, seized, or frozen. i. The data shall be considered confidential and shall not be revealed until after the proceedings against the suspect shall have been terminated. XIV. Territorial Application of the Law a. The law applies to any person who committed an act covered by the law if committed: i. Within the terrestrial domain, interior waters, maritime zone and airspace of the Philippines ii. Inside the territorial limits of the Philippines iii. On board a Philippine ship or airship iv. Within any embassy, consulate, diplomatic premises belonging to or occupied by the Philippines government in an official capacity v. Against Philippine citizens or person of Philippine descent where their citizenship or ethnicity was a factor in the commission of the crime vi. Directly against the Philippine government XV. The provisions of the law shall be automatically suspended 1 month before and 2 months after the holding of any election.

XVI. Acts punished under this law: Acts punished Terrorism and Conspiracy Accomplice Accessory Failure to notify the subject (when no case is filed 30 days after surveillance) Removal, deletion, expunction, incineration, shredding or destruction of surveillance materials Violation of proscription in the execution of Penalties 40 years of imprisonment, without the benefit of parole 17 years, 4 months and 1 day 20 years of imprisonment 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 6 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment

join affidavit as required by Section 12 Failure to notify the subject (application for Judicial Authority for surveillance) Failure to notify the concerned party (application to open the deposited sealed envelope/package containing the surveillance materials) Unauthorized or malicious interceptions and/or recordings Maliciously obtaining Judicial Authority from the Court of Appeals

6 years and 1 day 8 years of imprisonment 6 years and 1 day 8 years of imprisonment

10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment, perpetual absolute disqualification from public office (without prejudice to liability for other offense) 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 12 years and 1 day 20 years of imprisonment 12 years and 1 day 20 years of imprisonment 10 years and 1 day 12 years of imprisonment 6 years and 1 day 8 years of imprisonment

Failure to notify the judge after taking custody of a person arrested Failure to deliver suspect to proper judicial authority within 3 days Violation of rights of detainee Offenses relating to logbook Threat, intimidation, coercion, or torture in the investigation and interrogation of detainee (When dean or serious permanent disability occurs) Failure to notify subject person (when no case is filed 30days after examination of bank accounts) application police/law enforcer (any person, law enforcement official or judicial authority who violates his duty to notify in writing in case of examination of bank accounts) Copying, removal, deletion, expunction, incineration, shredding, or destruction of bank data Failure to notify party in case of disposition of bank materials Unauthorized or malicious examination of bank or a financial institution Maliciously obtaining authority from the Court of Appeals (examination of bank) Defying a court authorization (Bank officials and employees) False or untruthful statement or misrepresentation of material fact in JointAffidavits (required by Sec. 12 and 32) Unjustified refusal to follow the order of the Court of Appeals authorizing the accused to

6 years and 1 day 12 years of imprisonment 6 years and 1 day 8 years of imprisonment 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment (without prejudice to liability for other offense) 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment

withdraw sequestered/frozen property Unjustified refusal to restore/delay in restoring seized/sequestered/frozen bank deposits, etc. Loss, misuse, diversion, dissipation of seized/sequestered, frozen bank deposits, etc. Infidelity in the custody of detainee (prisoner of final judgment) Infidelity in the custody of detainee (detention prisoner) Unauthorized revelation of classified materials Furnishing false evidence, forged document or spurious evidence

10 years and 1 day 12 years of imprisonment 10 years and 1 day 12 years of imprisonment 12 years and 1 day 20 years of imprisonment 6 years and 1 day 12 years 10 years and 1 day 12 years of imprisonment 12 years and 1 day 20 years of imprisonment