The Anti-Terrorism Bill of the Philippines

Photo taken from: The LawPhil Project. Arellano Law Foundation
Link:  https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html?fbclid=IwAR0Fp61FEevLGSUYYHG479AnGAqqPosCVpenQWsBSrTxj6kUqhtLbffTSSY

This news has been going around all Social Media platforms and much have been said about this bill from both its supporters and those who opposes the bill. While sitting on my desk, I thought, I should be knowledgeable and my stand should not persuaded with what I only see and read from Twitter, FB and etc. 

Thus, I tried hard to get a copy of it and luckily was able to find it on The LawPhil Project. Arellano Law Foundation page.  https://lawphil.net/usepolicy.html

Super Disclaimer:  😀
This is by far, how I understand the bill. Kung mayroon mang pagkakamali, I'm sorry in advance as I'm not a legal expert. I think, this is how a Simpleng Juana views it. I am in no way claiming to be right in my interpretation, an expert, or a Law educator. This is for my personal use only as I intended to be more aware and in touch with my Motherland.

So below is my humble review:

Sino Nagpasa?

The principal author is Senator Panfilo Lacson with 17 other senators who voted ‘Yes’ in support of the bill. The Senate of the Philippines signed the Act (then) on February 26,2020.
Senators who signed the bill: Sen. Sonny Angara, Sen. Nancy Binay, Sen. Pia Cayetano, Sen. Ronald dela Rosa, Sen. Grace Poe, Sen. Imee Marcos, Sen. Lito Lapid, Sen. Joel Villanueva, Sen. Cynthia Villar, Sen. Manny Pacquiao, Sen. Win Gatchalian, Sen. Bong Go, Sen. Richard Gordon, Sen. Panfilo Lacson, Sen. Bong Revilla, Sen. Francis Tolentino, Sen. Franklin Drilon,Sen. Miguel Zubiri and Sen. Tito Sotto.

And, so the senators who said ‘No’: Sen. Risa Hontiveros and Sen. Francis Pangilinan.

So, bago pa man ang Covid 19, laman na dapat ng balita and yet, kelan lang sya 'sumabog' sa social media. Check nyo na lang kung sino akala nyo e against sa bill na to.

Ano ang intension ng Batas?

Bago pa tong batas na to, we have the Human Security Act kung saan may apat (4) na instances lang for a terrorist to be persecuted. These are commission of the actual crime of terrorism; conspiracy to commit terrorism; accomplice; and accessory. Law Enforcers can be charged and penalized under 20 instances under this law which seems to be more rigorous for the enforces than the terrorists.
Terrorists who were found guilty were only charged of murder while committing a clear act of terrorism. Case in point: Lamitan, Basilan bombing.

Mga pinapayagan ng batas:

- It empowers the appointed Anti-Terror Council (ATC) to assume judicial power to indict citizens not just based on commitment of the act of terrorism but also the intent. Comprises of 8 cabinet members of the President, Anti-Money Laundering Council and several agencies such as Bangsamoro Autonomous Region in Muslim Mindananao, DEPed, DSWD, PNP, NCMF and etc as the support agencies.
- Covers Filipinos living overseas and Foreign nationals who violates the acts as stated above.
- Provision of Anti-Wire Tapping Law. It allows to SECRETLY wiretap, overhear, listen to, INTERCEPT, screen, read, record or collect any communications of SUSPECTS with the approval of government agencies. If secured in violation of the act, it cannot be used as an evidence.
- Mas mababang penalty sa public officials (as stated in Section 15)
- Authorizes the Anti-Money Laundering Council to freeze assets and bank accounts of individuals or groups tagged as terrorists.
- A suspected individual can be detained without warrant for 14 calendar days and may be extended to a maximum of additional 10 calendar days notifying the judge of the court nearest the place of arrest, and CHR. The bill rightfully allows the detainee of his/her rights, access for legal counsel or medical service.
- Supports No Torture or Coercion in Investigation and Interrogation. (Anti-Terror Acts of 2009)
- Restriction on the Right to Travel. Can be placed under House Arrest.
- Immunity and Protection of Government Witnesses
- Penalty for Furnishing False, forged evidence
- CHR is given the highest priority to the investigation and prosecution of violations of civil and political rights of the person.
- Exceptions: Advocacy, protest, dissent, stoppage of work, industrial or mass action and other similar exercises of civil and political rights which are not intended against the act as mentioned above.
So, as to how ATC will tag the person or individual as a terrorist based on these factors, only ATC can tell.

Definition of a Terrorist:

 Section 4. Any individual WITHIN or OUTSIDE THE PHILIPPINES who commits the acts defined and penalized under the ff:
- Engages in acts intended to cause death, or serious bodily injury to any person, or endangers a person’s life
- Engages in acts intended to cause extensive damage or destruction to a government of public facility, public or private place
- Engages in acts intended to cause extensive interference with, damage of destruction to critical infrastructure;
- Develops manufactures, possesses, acquires, transports supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons and
- Release of dangerous substances, or causing fire, floods or explosions

With the PURPOSE of: by its nature and context is to intimidate the general public, or a segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international government, or seriously destabilize or destroy the fundamental political, economic structure of the country, or create a public emergency, or seriously undermine public safety shall be guilty of committing terrorism.

Section 5 – Threat to Commit Terrorism o Pagbabanta alinsunod sa mga Gawain as Section 4. Penalty is 12 years of imprisonment.

Section 6 – Planning, Preparing, Facilitation the Commission of Terrorism. Penalty is life imprisonment without the benefits of parole and Republic Act No.10592 (i.e. conditional pardon, commutation of sentence, good conduct allowance)

Section 7- Conspiracy to Commit Terrorism- Penalty is life imprisonment without the benefits of parole and Republic Act No.10592 (i.e. conditional pardon, commutation of sentence, good conduct allowance)

Section 8- Proposal to Commit Terrorism - 12 years of imprisonment

Section 9 – Inciting to Commit Terrorism – any person who, without taking any DIRECT part in the commissioning by means of speeches, proclamations, writings, emblems, banner or other representations. Penalty is 12 years of imprisonment.

Section 10 - Recruitment to and Membership to a Terrorist Organization – life imprisonment

Same penalty for any person who organizes or transport individual to a state other than their state of residency or nationality. Recruitment, publishing of an advertisement or propaganda, joining an organization or group of persons proscribed or designated by UN Security Council- 12 years of imprisonment.

Section 12- Foreign terrorist – Penalty is life imprisonment without the benefits of parole and Republic Act No.10592

Section 13- Providing material support to terrorists – liable with the same penalty of the terrorist

Section 14- Accessory- 12 years of imprisonment.

Section 15- Penalty for Public Official - Charge with administrative offense of grave misconduct, penalty of dismissal from service, penalty of cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual absolute disqualification from running for any elective office or public office. PERO WALANG KULONG?

I think the bill is honestly intended to combat terror attacks and promote peace, stability, development of the country. The bill is yet to be appealed to SC pa naman so let's wait and see. I checked on other commentaries and reviews and I saw similar views from the Pros and the Antis.

On the question of how Filipinos will perceive or accept it, sabi nga ni Chiz Escudero sa vlog ni Heart Evangelista, ‘It depends on the level of confidence of the people on their government? How independent and free our courts? Our uniformed personnel?’ Tama naman. The government has the opportunity to calm and educate the people regarding this law.

  I think, we should be more committed to only spread genuine truths, and or facts so as to stop spreading hate, negativity, fear or dissent against people. It's our duty as a citizen of our beloved country to be educated of our laws and be a responsible Filipino in educating our people thru our posts and actions.