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OTHER TERRORISM-RELATED ACTIVITIES

HUMAN SECURITY ACT ANTI-TERRORISM ACT OF


OF 2007 2020
Sec. 4 Sec. 7

Persons who conspire to Any conspiracy to commit


commit the crime of terrorism as defined and under
terrorism shall suffer the Section 4 of the Act shall suffer
penalty of forty (40) years of the penalty of life imprisonment
As to Conspiracy to imprisonment. without the benefit of parole and
Commit Terrorism the benefit of republic Act No.
There is conspiracy when
10592.
two or more persons come
to an agreement concerning
There is conspiracy when two (2)
the commission of the crime
or more persons come to an
of terrorism as defined in
agreement concerning the
Section 3 hereof and decide
commission of terrorism as
to commit the same.
defined in Section 4 and decide
to commit the same.

Sec. 5

Any person who shall threaten to


commit any of the acts mentioned
in Section 4 hereof shall suffer
the penalty of imprisonment of
twelve (12) years.

Sec. 10

Recruitment to and Membership


in a Terrorist Organization. —
Any person who shall recruit
another to participate in, join,
commit or support terrorism or a
terrorist individual or any terrorist
organization, association or
group of persons proscribed
under Section 26 of this Act, or
designated by the United Nations
Security Council as a terrorist
organization, or organized for the
purpose of engaging in terrorism,
shall suffer the penalty of life
imprisonment without the benefit
of parole and the benefits of
Republic Act No. 10592.
Sec. 3 (g) and Sec. 8
As to Proposal to
Commit Terrorism This is committed when a person
who has decided to commit
terrorism proposes its execution
to some other person or persons.
Sec. 9

Any person who without taking


As to Inciting to any direct part in the commission
Commit Terrorism of terrorism shall incite others to
the execution of any of the acts
specified in Section 4 hereof by
means of speeches,
proclamations, writings,
emblems, banners, or other
representations tending to the
same end, shall suffer the penalty
of imprisonment of twelve (12)
years.

HUMAN SECURITY ACT ANTI-TERRORISM ACT OF


OF 2007 2020
Accomplice ACCOMPLICES
Sec. 5 AND ACCESSORY

Any person who, not being


a principal under Article 17
of the Revised Penal Code
or a conspirator as defined
in Section 4 hereof,
cooperates in the execution
of either the crime of
terrorism or conspiracy to
commit terrorism by
previous or simultaneous
acts shall suffer the penalty
of from seventeen (17)
years, four months one day
to twenty (20) years of
imprisonment.

Accessory SEC. 6.  Sec. 14

Any person who, having Any person who, having


knowledge of the knowledge of the commission of
commission of the crime of any of the crimes defined and
terrorism or conspiracy to penalized under Section 4 of this
commit terrorism, and Act, without having participated
without having participated therein, takes part subsequent to
therein, either as principal or its commission in any of the
accomplice under Articles following manner: (a) by profiting
17 and 18 of the Revised himself/herself or assisting the
Penal Code, takes part offender to profit by the effects of
subsequent to its the crime; (b) by concealing or
commission in any of the destroying the body of the crime,
following manner: (a) by or the effects, or instruments
profiting himself or assisting thereof, in order to prevent its
the offender to profit by the discovery; or (c) by harboring,
effects of the crime; (b) by concealing, or assisting in the
concealing or destroying the escape of the principal or
body of the crime, or the conspirator of the crime, shall be
effects, or instruments liable as an accessory and shall
thereof, in order to prevent suffer the penalty of
its discovery; (c) by imprisonment of twelve (12)
harboring, concealing, or years.
assisting in the escape of
No person, regardless of
the principal or conspirator
relationship or affinity, shall be
of the crime, shall suffer the
exempt from liability under this
penalty of ten (10) years
section.
and one day to twelve (12)
years of imprisonment.

Notwithstanding the above


paragraph, the penalties
prescribed for accessories
shall not be imposed upon
those who are such with
respect to their spouses,
ascendants, descendants,
legitimate, natural, and
adopted brothers and
sisters, or relatives by
affinity within the same
degrees, with the single
exception of accessories
falling within the provisions
of subparagraph (a).

It can be observed that, persons who propose, incite, conspire, and participate in the
planning, training, and facilitation, to commit terrorism, are punishable under newly
enacted Anti-Terrorism Law. This also includes those who provide support to ‘terrorists’
as defined under the act, or recruit members of a ‘terrorist organization’, in which, those
persons who may be found guilty to the said acts, could face life imprisonment without
parole.

Thus, the Anti-Terrorism Law, included the following crimes: threatening, planning,
training, facilitating, proposal and inciting to terrorism, as well as recruitment and
membership to a terrorist organization, on top of conspiracy to commit terrorism, which
are not included in the Human Security Act of 2007.

Moreover, the Anti-Terrorism Act of 2020 punishes the following offenses with 12 years’
imprisonment the following acts:

1) Threatening to commit ‘terrorism’

2) Inciting others or proposing to commit ‘terrorism’

3) Voluntarily and knowingly joining any ‘terrorist group’

4) Acting as an accessory in the commission of ‘terrorism’

In an interview held with the former Senior Associate, Justice Carpio, he explained that
it is very easy for the current administration to go after those they see as critics as he
himself was charged with inciting to sedition, which was later found to have no basis at
all. From his experience, it is possible that critics will be charged with inciting to
terrorism even without basis.

As further said by the former Justice, since inciting to terrorism is penalized, including
speeches, proclamations, writings, emblems and banners, freedom of speech is now
directly involved, which means it now touches on fundamental constitutional rights.

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