THE HUMAN

SECURITY
ACT OF 2007
(RA 9372)

Bangsamoro Lawyers’ Network (BLN)

 BASIC INFORMATION
• “An Act to Secure the State and
Protect our People from
Terrorism”
• “Anti-terror law”
• Republic Act No. 9372
• Consolidation of House Bill
4839 and Senate Bill 2137
• Signed by GMA on March 6,
2007
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 “TERRORISM”
• Any person who commits specified
acts punishable under the Revised
Penal Code and special laws
• thereby sowing and creating
• a condition of widespread and
extraordinary fear and panic among
the populace
• in order to coerce the government
to give in to an unlawful demand

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 “TERRORISM”
• Specified acts punishable under the
Revised Penal Code:
– Article 122 (Piracy in General and
Mutiny in the High Seas or in the
Philippine Waters);
– Article 134 (Rebellion or Insurrection);
– Article 134-a (Coup d’Etat);
– Article 248 (Murder)
– Article 267 (Kidnapping and Serious
Illegal Detention);
– Article 324 (Crimes Involving
Destruction)
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 “TERRORISM”
• Acts punishable under:
– P.D. No. 1613 (The Law on Arson);
– R.A. No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control
Act of 1990);
– R.A. No. 5207 (Atomic Energy
Regulatory and Liability Act of 1968)
– P.D. No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and
– P.D. No. 1866, as amended (Decree
Codifying the Laws on Illegal and
Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
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 PENALTY
• Terrorism – forty (40) years of
imprisonment, without parole
• Conspiracy to Commit
Terrorism – forty (40) years of
imprisonment
• Accomplice – 17 years, 4 mos., 1
day to 20 years
• Accessory – 10 years and 1 day to
12 years
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 Surveillance of Suspects and
Interception and Recording of
Communications (Sec. 7)
• A police or law enforcement
official and the members of his
team may listen to, intercept
and record
• upon written order of the Court
of Appeals
• any communication, message,
conversation, discussion, or
spoken or written words
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Targets for Surveillance
(Sec. 7)
• members of a judicially declared and
outlawed terrorist organization,
association, or group of persons
• Any person charged with or
suspected of the crime of terrorism
or conspiracy to commit terrorism
• EXCEPTION: communications
between lawyers and clients,
doctors and patients, journalists and
their sources and confidential
business correspondence
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 Judicial Authorization
(Sec. 8)
• Written order for surveillance
and recording of
communications shall only be
granted by the Court of Appeals
• upon 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 and
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 Judicial Authorization (Sec. 8)
• upon examination under oath or
affirmation of the applicant and the
witnesses he may produce to establish:
– (a) that there is probable cause to believe
based on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit
terrorism has been committed, is being
committed, or is about to be committed;
– (b) that there is probable cause to believe
based on personal knowledge of facts or
circumstances that evidence, which is
essential to the conviction of any charged
or suspected person for, or to the solution
or prevention of, any such crimes, will be
obtained; and
– (c) that there is no other effective means
readily available for acquiring such
evidence.

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 Period for Judicial
Authorization (Sec. 10)
• shall not exceed a period of thirty
(30) days from the date of receipt of
the written order of the authorizing
division of the Court of Appeals by
the applicant police or law
enforcement official
• renewable for another non-
extendible period, which shall not
exceed thirty (30) days from the
expiration of the original period
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 Post-Surveillance
Notification (Sec. 10)
• The applicant police or law enforcement
official shall have 30 days after the
termination of the period granted by the
Court of Appeals w/in which to file the
appropriate case before the Public
Prosecutor’s Office for Terrorism.
• If no case is filed w/in the 30-day period, the
applicant police or law enforcement official
shall immediately notify the person subject of
the surveillance, interception and recording of
the termination of the said surveillance,
interception and recording.
• The penalty of 10 years and 1 day to 12 years
of imprisonment shall be imposed upon the
applicant police or law enforcement official
who fails to notify the person subject of the
surveillance
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 Post-Surveillance Report
(Sec. 11-12)
• W/in 48 hours after the expiration of the
period, all tapes, discs, & recordings made
pursuant to the authorization shall be
deposited w/the authorizing Division of the CA
in a sealed envelope or sealed package.
• The documents and evidence obtained shall be
accompanied by a joint affidavit of the
applicant police or law enforcement official &
the members of his team:
– Listing in detail the items submitted to the CA
– Certifying that no duplicates or copies have been
made, or, if made, that all such duplicates & copies
are included in the sealed envelope or sealed package
• Any person, police or law enforcement officer
who fails to do these acts shall suffer the
penalty of not less than 10 years & 1 day to 12
years of imprisonment.

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 Penalty for Unauthorized
Surveillance (Sec. 16)
• Any police or law enforcement personnel
who, not being authorized to do so by
the authorizing division of the CA, tracks
down, taps, listens to, intercepts, &
records in whatever manner or form any
communication, message, conversation,
discussion, or spoken or written word of
a person charged with or suspected of
the crime of terrorism or the crime of
conspiracy to commit terrorism shall be
guilty of an offense and shall suffer the
penalty of 10 years and 1 day to 12 years
of imprisonment.
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 Proscription of Terrorist
Organizations, Association,
or Group of persons (Sec. 17)
• Any organization, association, or group of
persons
• organized for the purpose of engaging in
terrorism,
• or which, although not organized for that
purpose, actually uses acts to terrorize
• upon application of the DOJ before a
competent RTC, w/due notice and
opportunity to be heard given to the
organization, association or group of
persons concerned
• shall be declared as a terrorist and
outlawed organization, association, or
group of persons by the said RTC
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Period of Detention Without Judicial
Warrant of Arrest (Sec. 18)
• Three (3) days counted from the moment the said
charged or suspected person has been
apprehended or arrested, detained, & taken into
custody by the said police or law enforcement
personnel
• The police or law enforcement personnel
concerned shall, before detaining the person
suspected of the crime of terrorism, present him or
her before any judge at the latter’s residence or
office nearest the place where the arrest took
place.
• Immediately after taking custody of a person
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the
police or law enforcement personnel shall notify in
writing the judge of the court nearest the place of
apprehension or arrest.
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 Period of Detention in case of
Actual or Imminent Terrorist
Attack (Sec. 19)
• Suspects may not be detained for more than 3
days w/out the written approval of a
municipal, city, provincial or regional official of
a Human Rights Commission or judge of the
municipal, RTC, the Sandiganbayan or a justice
of the CA nearest the place of the arrest.
• The approval in writing of any of the said
officials shall be secured by the police or law
enforcement personnel concerned w/in 5 days
after the date of the detention of the persons
concerned: Provided, however, that w/in 3
days after the detention of the suspects, whose
connection w/the terror attack or threat is not
established, shall be released immediately.
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 Penalty for Failure to Deliver
Suspect to the Proper Judicial
Authority Within 3 Days (Sec. 20)

• The penalty of 10 years and 1 day to 12

years of imprisonment shall be imposed
upon any police or law enforcement
personnel who has apprehended or
arrested, detained and taken custody of
a person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism and fails to deliver
such charged or suspected person to
the proper judicial authority within the
period of 3 days
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 Restriction on Travel and
Communication (Sec. 26)
• In cases where evidence of guilt is not
strong, and the person charged with the
crime of terrorism or conspiracy to
commit terrorism is entitled to bail and is
granted the same:
• the court, upon application by the
prosecutor, shall limit the right of travel
of the accused to w/in the municipality or
city where he resides or where the case is
pending, in the interest of national
security and public safety. Travel outside
of said municipality or city, w/out the
authorization of the court, shall be
deemed a violation of the terms and
conditions of his bail.
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 Restriction on Travel and
Communication (Sec. 26)

• He or she may also be placed under

house arrest by order of the court at
his or 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.
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 Judicial Authorization Required
to Examine Bank Deposits,
Accounts, and Records (Sec. 27)
• The justices of the CA designated as a
special court to handle the anti-terrorism
cases:
• may authorize in writing any police or law
enforcement officer and the members of
his/her team duly authorized in writing by
the anti-terrorism council to:
– (a) examine, or cause the examination of the
deposits, placements, trust accounts, assets and
records in a bank or financial institution; and
– (b) gather or cause the gathering of any relevant
information about such deposits, placements,
trust accounts, assets, and records from a bank
or financial institution.

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Examination of Bank Records

• Procedure: ex parte
• Period: 30 days extendible for
another 30 days
• If no case is filed within 30 days
after the period expires, the
officer shall notify the subject
that the bank examination and
freezing is finished

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 Targets for Examination of
Bank Deposits, Accounts, and
Records Surveillance
(Sec. 28)
• A person charged with or suspected
of the crime of terrorism or
conspiracy to commit terrorism
• any judicially declared and outlawed
terrorist organization, association, or
group of persons
• any member of such organization,
association, or group of persons

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 Seizure and Sequestration
(Sec. 39)
• The deposits and their outstanding
balances, placements, trust accounts,
assets and records in any bank or financial
institution, moneys, businesses,
transportation and communication
equipment, supplies and other implements,
and property of whatever kind and nature
shall be seized, sequestered, and frozen in
order to prevent their use, transfer, or
conveyance for purposes that are inimical
to the safety and security of the people or
injurious to the interest of the State.

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 Remedies upon acquittal
(Sec. 41 & 50)
• P 500,000.00 a day for the period
in which properties, assets or
funds were seized shall be paid to
accused on the concept of
liquidated damages

• P 500,000.00 for every day that

accused has been detained or
deprived of liberty or arrested
without a warrant as a result of
such an accusation
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 Critique of the Law
• Definition of terrorism still vague
– “one country’s terrorist is another
country’s freedom fighter “
• Chilling effect of the law, especially
in the exercise of legitimate rights
• Shall provide more powers and
resources to the military
• Will be used as a surveillance tool
• Will embolden military and police
personnel to violate rights all the
more

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 Will HSA be used to
protect human rights?
• Due process and equal protection
of the law:
– Sec 1, 1987 Constitution: “No person
shall be deprived of life, liberty, or
property without due process of law,
nor shall any person be denied the
equal protection of the laws.”
• Freedom of association
• Right to peaceful assembly
• Freedom of speech
• Right to privacy
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 Foundations of Human
Rights
• Human dignity and integrity
– Inherent
– Inalienable
– Equal
– Non-discriminatory
• Religious basis: Concept of God
who is just and who gave
dignity to every person

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 Categories of Human
Rights
• Civil and Political Rights: as a response
to abuses of the state
• Economic, social and cultural rights: as
a response to abuses of capitalism
• Solidarity rights: right to self-
determination, right to development,
to healthy and balanced environment,
to share and benefit from the common
heritage of humankind
• Humanitarian rights: right to be
protected from the effects of armed
conflict
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 HR Claimholders
• Claimholders may be
individuals or collective
group of people
• May also include future
generations

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 HR Dutyholders
• Social Contract
• International human right law
– International Bill of Human
Rights:
• ICCPR
• ICESCR
• Other international instruments
• Domestic human rights law
– Philippine Constitution, RA 7438,
CARP, IPRA, etc.
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 HR Dutyholders
• State obligation:
– To respect
• to ABSTAIN from doing anything that
violates integrity of person or infringes
on her freedom
– To protect
• to take measures to PREVENT other
individuals or groups from violating
integrity, freedom of action or other
HR of an individual
– To fulfill
• to take measures to ENSURE for each
person opportunities to obtain
satisfaction of needs
Bangsamoro Lawyers’ Network
 HR Dutyholders
• State obligation:

– Of conduct: behavior which the

dutyholder should follow or abstain
from
– Of result: less concerned with the
choice of the line of action taken
but more with the results which
the dutyholder should achieve or
avoid
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 HR Violations
• Violations through:
– Omission
– Comission
– Arbitrary derogation

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Thank you very much!

Bangsamoro Lawyers’ Network