Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

FOURTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1113

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Introduced by Representatives SATUR C. OCAMPO, LIZA L. MAZA and CRISPIN B. BELTRAN

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EXPLANATORY NOTE

Even before its implementation, Republic Act 9372 or the Human Security Act of 2007 (HSA) had
generated a widespread clamor for its suspension, reconsideration or repeal. A broad range of people
both here and abroad -- from human rights advocates, civil libertarians, militant organizations, political
parties to church groups -- have repeatedly warned against the dangers of such a sweeping and
draconian measure.

At the heart of the controversy is the overly broad and vague definition of the new crime called
“terrorism.” In Section 3 of the HSA, this new crime is created simply by adding the elements of
“widespread and extraordinary fear and panic” and “(coercing) the government to give in to an unlawful
demand” to certain acts already punishable in the Revised Penal Code and other special laws. The end
result is the transformation of an otherwise politically-laden and contentious term (terrorism) into a
criminal act punishable by the maximum penalty of life imprisonment but whose parameters are so
unclear and untested as to make it wide open to misuse and abuse. For example, how does one
determine extraordinary fear? What does it take to coerce a government? On this point alone, the law
cannot possibly pass the void for vagueness test.

The HSA blurs the distinction between ordinary crimes and real acts of terrorism. More
importantly, it threatens to criminalize not only the political act of rebellion but by extension even the
mere exercise of legitimate dissent, including strikes, demonstrations, and acts of civil disobedience.
Under this law, harnessing People Power would be deemed a terrorist act.

The HSA is not only vague. It is a superfluous and unnecessary law. The acts of terrorism
enumerated in its definition (Sec. 3) are already well defined and penalized under existing laws. In fact, a
great number of alleged terrorists have been arrested, tried and convicted under these very laws. The
problem is in the incompetence, corruption, and lack of political will of law enforcers to effectively
address the various acts of terror in the country, especially those committed by the State itself and its
security forces.

Armed with its flawed definition, the law expands the applicability of the crime of terrorism to
include accomplices (Sec. 5) and accessories (Sec. 6) and worse, institutionalizes guilt by association by
allowing the proscription of “terrorist organizations” (Sec. 17) whose members are automatically treated
as suspected terrorists. Section 17 is nothing else but a rehash of the repressive Anti-Subversion Law
already repealed by Congress in 1992 and a violation of the right to due process and other provisions of
the Bill of Rights.

Suspects under the HSA, including mere members of proscribed organizations, will not only
suffer the stigma of being labeled a terrorist but will be hunted down using the law’s draconian provisions
that violate a whole range of rights guaranteed under the Constitution:
 • Sections 7 to16 – violates the right to privacy by expanding the scope and subjects of
surveillance and intelligence gathering, including the interception and recording of
communications and making such activities standard operating procedure.
• Sec. 19 – allows warrantless arrests and the indefinite detention of suspects beyond the
Constitutional limit of three days.
• Sec. 26 – limits the right to travel even if on bail. Those on house arrest are held
incommunicado.
• Sections 27-43 – allows the examination, seizure and sequestration of bank deposits,
placements, accounts, assets and records of suspects or even mere members of proscribed
organizations.
• Sec. 57 – allows extraordinary rendition to any country.

Such a law that gives extraordinary discretion and tyrannical powers to the authorities is, by itself,
a danger to human rights and civil liberties. Placed in the hands of incompetent enforcers or a paranoid
and vindictive government, it becomes a recipe for authoritarian rule. This is our people’s greatest fear.

Under Sec. 53, a superbody called the Anti Terrorism Council (ATC) is created to oversee the
law’s implementation. The ATC is composed of the very same personalities in the Arroyo government’s
Cabinet Oversight Committee for Internal Security (COCIS) that produced such monstrosities as the
calibrated preemptive response (CPR), Proclamation Order 1017 and Executive Order 464, which were
all deemed unconstitutional by the Supreme Court. Worse, these are the very same characters behind
the dreaded National Internal Security Plan (NISP) that heralded Oplan Bantay Laya I and II, the
government’s counter-insurgency strategy that has resulted in the alarming spate of extrajudicial killings
and enforced disappearances of activists and government critics.

Top security and defense officials, including President Arroyo herself, have said that this will be
used against communist and Muslim rebels. But it does not take much to infer that the most likely
targets of the HSA would be the alleged rebel “front organizations” and “networks,” including opposition
parties, organizations, and individuals working within the legal, parliamentary arena, most of whom have
already been branded “destabilizers” and/or “enemies of the state.” These entities that previously
enjoyed the little protection given them by the Constitution will now be subject of a brutal legal and
propaganda offensive meant to stifle legitimate dissent.

The HSA’s dire impact on human rights and the rule of law is the reason why even Mr. Martin
Scheinin, the United Nations Special Rapporteur on the Promotion and Protection of Human Rights and
Fundamental Freedoms, has urged the government to reconsider the implementation of the HSA. For
that very same reason, the Catholic Bishops Conference of the Philippines (CBCP) has issued a similar
urgent appeal as well as a host of other advocates of human rights and civil liberties.

As the legislative branch of government, Congress has to take a stand in this fight to protect the
democratic rights and freedoms held so dearly by our people. It is for this reason that this bill aims to
repeal the HSA.

Discussion and approval of this measure is earnestly sought.

SATUR C. OCAMPO LIZA L. MAZA

Bayan Muna Party-List Gabriela Women’s Party

CRISPIN B. BELTRAN
Anakpawis Party-list
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FOURTEENTH CONGRESS
First Regular Session

House Bill No. 1113

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Introduced by Representatives SATUR C. OCAMPO, LIZA L. MAZA and CRISPIN B. BELTRAN

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AN ACT
PROVIDING FOR THE REPEAL OF REPUBLIC ACT 9372 OR THE HUMAN SECURITY ACT AND FOR OTHER PURPOSES

Section 1. Any provision of law to the contrary notwithstanding, Republic Act No. 9372 entitled the
“Human Security Act” is hereby repealed.

Section 2 .This Act shall be deemed effective fifteen (15) days after the completion of its publication.

Approved.