ANTI-TERRORISM
LAW
REPUBLIC ACT NO. 11479
AN ACT TO PREVENT, PROHIBIT AND
PENALIZE TERRORISM, THEREBY
REPEALING RA 9372, OTHERWISE
KNOWN AS THE “HUMAN SECURITY
ACT OF 2007”.
Overview
◈ Officially designated as Republic Act No. 11479
◈ Signed into law by President Rodrigo Duterte on 3 July 2020
◈ Effectively repeals the Human Security Act of 2007
Objectives
◈ To protect life, liberty, and property from terrorism.
◈ To condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people.
◈ To make any form of terrorism a crime against the Filipino people,
against humanity and against the law of Nations.
What is Terrorism?
Sec. 4. Terrorism
- Subject to Section 49 of this Act, terrorism is committed by any person who, within or
outside the Philippines, regardless of the stage of execution:
(a) engages in acts intended to cause death or serious bodily injury o any person or
endangers a person’s life;
(b) engages in acts intended to cause extensive damage or destruction to a government or
public facility, public place, or private property;
(c) engages in acts intended to cause extensive interference with, damage, or destruction to
critical infrastructure;
Sec. 4. Terrorism
(d) develops, manufactures, possesses, acquires, transports, supplies, or
uses weapons, explosives or of biological, nuclear, radiological, or
chemical weapons; and
(e) release of dangerous substances;
(f) causing fire, floods, or explosions
Purpose of the Acts
When the purpose of such acts, by its nature and context,
is
1. to intimidate the general public or a segment thereof, create an
atmosphere or
2. spread a message of fear,
3. to provoke or influence by intimidation
Compared with the Human Security Act
◈ Anti Terrorism Law ◈ Human Security Act
⬩ enumerated acts that ⬩ enumerated predicate crimes
advance a particular such as Rebellion, Anti-Piracy,
purpose etc. that create widespread and
extraordinary fear and panic
among the populace
Additional Acts Criminalized
◈ Conspiracy to commit terrorism;
◈ Recruitment to a terrorist organization;
◈ Membership in a terrorist organization;
◈ Planning, training, preparing and facilitating the commission of
terrorism (including possessing objects or collecting or making
documents connected with the preparation of terrorism);
Additional Acts Criminalized
◈ Threat to commit terrorism;
◈ Proposal or inciting to commit terrorism; and
◈ Providing material support
Acts not Considered Terrorism
◈ Terrorism, as defined above, shall not include:
⬩ Advocacy
⬩ Protest
⬩ Dissent
⬩ Stoppage of work
⬩ Industrial or mass action, and
⬩ Creative, artistic, and cultural expressions or
⬩ 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.
Compared to acts of terrorism under Human Securities Act
◈ The acts under the Anti-Terrorism Act need not be done “in
order to coerce the government to give in to an unlawful
demand”
The Anti Terrorism Council (ATC)
The Role of the ATC
◈ Implementing body for the Anti-Terrorism Law
◈ Formulate and adopt plans, programs, and preventive and counter-measures
against and terrorism in the country
◈ Has the power to designate a terrorist individual, group of persons,
organizations or associations
⬩ Upon probable cause that the individual, group, organization or association
commits, or attempts to commit, or conspires to commit any acts of terrorism.
◈ Can authorize detention without a judicial warrant of arrest
Period of Detention
Terrorism
◈ Any person found guilty of the provisions of this Act shall suffer the
penalty of life imprisonment without the benefit of parole and the
benefits of Republic Act No. 10592
Allowable Detention
◈ Detention is allowed, even without a judicial warrant, for suspected
individual that is committing any acts of terrorism punished under
the Anti-Terrorism Law
◈ The detention is for 14 days extendible to another 10 days
◈ Detention is allowed by reason of the authorization of the ATC
Compared with the Human Security Act
◈ Anti Terrorism Law ◈ Human Security Act
⬩ 14 days extendible to another ⬩ 3 days
10 days ⬩ The arrest and detention must
⬩ By reason of being a suspect be a result of surveillance and
examination of bank deposits
Sec 49. Extraterritorial Application
Subject to the provision of any treaty of which the Philippines is a signatory and to any contrary
provision of any law of preferential application, the provisions of this Act shall apply:
(a) To a Filipino citizen or national who commits any of the acts defined and penalized under Sections 4,
5, 6, 7, 8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the Philippines;
(b) To individual persons who, although physically outside the territorial limits of the Philippines,
commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial limits of the
Philippines;
(c) To individual persons who, although physically outside the territorial limits of the Philippines, commit
any of the said crimes mentioned in Paragraph (a) hereof on board Philippine ship or Philippine airship;
Sec 49. Extraterritorial Application
(d) To individual persons who commit any of said crimes mentioned in Paragraph
(a) hereof within any embassy, consulate, or diplomatic premises belonging to or
occupied by the Philippine government in an official capacity;
(e) To individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes mentioned in Paragraph (a) hereof against
Philippine citizens or persons of Philippine descent, where their citizenship or
ethnicity was a factor in the commission of the crime; and
(f) To individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes directly against the Philippine government.
Sec 49. Extraterritorial Application
In case of an individual who is neither a citizen or a national of the Philippines
who commits any of the crimes mentioned in Paragraph (a) hereof 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:
Provided, that, in the absence of any request for extradition from the state
where the crime was committed or the state where the individual is a citizen or
national, or the denial thereof, the ATC shall refer the case to the BI for
deportation or to the DOJ for prosecution in the same manner as if the act
constituting the offense had been committed in the Philippines.
Designation and freezing of assets of designated terrorist
individual, groups, organizations, or associations
◈ The ATC shall automatically adopt the United Nations Security Council
Consolidated List of designated individuals, group of persons,
organizations, or associations designated and/or identified as a terrorist, one
who finances terrorism, or a terrorist organization or group.
◈ The assets of the designated individual, groups of persons, organization or
association above-mentioned shall be subject to the authority of the Anti-
Money Laundering Council (AMLC) to freeze pursuant to Section 11 of
Republic Act No. 10168.
Restriction on the Right to Travel
◈ The investigating prosecutor shall apply for the issuance of a precautionary
hold departure order (PHDO) against the respondent upon a preliminary
determination of probable cause in the proper Regional Trial Court.
◈ Upon the filing of the information regarding the commission of any acts
defined and penalized under the provisions of this ACT, the prosecutor shall
apply with the court having jurisdiction for the issuance of a hold departure
order (HDO) against the accused.
Restriction on the Right to Travel
◈ 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 within the
municipality or city where h/she resides or where the case is pending, in the
interest of national security and public safety, consistent with Article III,
Section 6 of the Constitution.
Designation of Anti Terror Courts
◈ The Anti-Terrorism Act provides that persons charged with violations of any
defined acts be tried in special courts designated by the Supreme Court and
whose jurisdiction is limited exclusively to violations under this law.
Surveillance
◈ Surveillance and wiretapping allowed after an Order from the Court
of Appeals valid for 60 days extendible to another 30 days
In the Human Securities Act, the period of surveillance was only 30
days
◈ Issued against:
Those designated as terrorist organization;
Members of the terrorist organization;
Suspected of committing any crimes defined under ATL
Role of the Commission on Human Rights
◈ The CHR shall give the highest priority to the investigation and
prosecution of violations of civil and political rights of persons in
relation to the implementation of this Act.
Other Salient Provisions
◈ The ATC may ask the AMLC to issue freeze orders on bank accounts of
suspected terrorists
◈ Burden of proof is shifted from the prosecution to the accused/defendant
◈ Individuals charged with bailable offenses may be placed on house arrest
◈ Removal of the penalty against public employees in case of unlawful
imprisonment
DATA PRIVACY
ACT OF 2012
(R.A. No. 10173)
IMPORTANT TERMS (Sec. 3)
consent refers to any freely given, specific, informed
indication of will, whereby the data subject agrees to
the collection and processing of his or her personal
sensitive personal, or privileged information. Consent
shall be evidence by written, electronic or recorded
means.
data subject refers to any individual whose personal,
sensitive personal, or privileged information is
processed
IMPORTANT TERMS (Sec. 3)
data processing systems refers to the structure and
procedure by which personal data is collected and
further processed in an information and
communications system or relevant filing system,
including the purpose and intended output of the
processing;
personal data refers to all types of personal information
IMPORTANT TERMS (Sec. 3)
personal information refers to any information,
whether recorded in a material form or not, from which
the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity
holding the information, or when put together with
other information would directly and certainly identify
an individual.
Important terms (Sec. 3)
personal information controller refers to a natural or
juridical person, or any other body who controls the
processing of personal data, or instructs another to
process personal data on its behalf.
Important terms (Sec. 3)
sensitive personal information refers to personal information:
⬩ About an individual’s race, ethnic origin, marital status, age, color, and
religious, philosophical or political affiliations;
⬩ About an individual’s health, education, genetic or sexual life of a person, or to
any proceeding for any offense committed or alleged to have been committed
by such person, the disposal of such proceedings, or the sentence of any court
in such proceedings;
IMPORTANT TERMS (SEC. 3)
⬩ Issued by government agencies peculiar to an individual which includes, but
not limited to, social security numbers, previous or current health records,
licenses or its denials, suspension or revocation, and tax returns; and
⬩ Specifically established by an executive order or an act of Congress to be kept
classified.
Rights of a Data Subject
Sec. 34, IRR of R.A. No. 10173
1. right to be informed;
2. right to object;
3. right to access;
4. right to rectification;
5. right to erase or block;
6. right to damages; and
7. right to data portability.
PUNISHABLE ACTS
Punishable Act Min Jail Maximum Minimum Maximum
Term Jail Term Fine Fine
Unauthorized processing
Personal information 1 year 3 years P500,000.0 P2,000,000.00
0
Sensitive personal 3 years 6 years P500,000.0 P4,000,000.00
information 0
Access due to negligence
Personal information 1 year 3 years P500,000.0 P2,000,000.00
0
Sensitive personal 3 years 6 years P500,000.0 P4,000,000.00
information 0
Improper disposal
Personal information 6 months 2 years P100,000.0 P500,000.00
0
Sensitive personal 1 year 3 years P500,000.0 P1,000,000.00
information 0
PUNISHABLE ACTS
Punishable Act Min Jail Max Jail Min. Fine Max Fine
Term Term
Processing for Unauthorized
Purposes
Personal information 1 year & 6 5 years P500,000.00 P1,000,000.00
months
Sensitive personal 2 years 7 years P500,000.00 P2,000,000.00
information
Intentional Breach 1 year 3 years P500,000.00 P2,000,000.00
Concealment of security 1 year & 6 5 years P500,000.00 P1,000,000.00
breach months
PUNISHABLE ACTS
Punishable Act Min Jail Max Jail Min. Fine Max Fine
Term Term
Malicious Disclosure 1 year & 5 years P500,000 P1,000,000
6 months
Unauthorized Disclosure
Personal information 1 year 3 years P500,000 P1,000,000
Sensitive personal 3 years 5 years P500,000 P2,000,000
information
Combination of Acts 3 years 6 years P1,000,000 P5,000,000
Large Scale Maximum penalty in corresponding scale of
penalties
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