Melosino Alexander G.

Respicio IV JD-1a
Legal Technic and Logic Atty. Sheila Marie Beltran

RA 11479 /THE ANTI-TERRORISM ACT OF 2020 - EXPLAINER

DEFINITION

The Definition of TERRORISM as provided under R.A. 11479 is found in Section 4, which states
that Subject to Section 49 of this Act, terrorism is committed by any person who within or
outside the Pliilippines, regardless of the stage of execution;

(a) Engages in acts intended to cause death or serious bodily injury to 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 ordestruction
to critical infrastructure;

(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, or causing fire, floods or explosions

when the purpose of such act, 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 of its international organization, or seriously destabilize or
destroy the fundamental political, economic, or social structures of the country, or create a
public emergency or seriously undermine public safety, shall be guilty of committing terrorism
and shall suffer the penalty of life imprisonment without the benefit of parole and Good
Conduct Time Allowance.

Provided that terrorism as defined in this Section shall not include advocacy, protest, dissent,
stoppage of work, industrial or mass action, and 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.

INCITING, PLANNING, TRAINING, PREPARING, AND FACILITATING, AND

PROPOSAL FOR THE COMMISSION OF TERRORISM

The specific provisions that punishes inciting, planning, training, preparing, and facilitating, and
proposal for the commission of terrorism is found in sections 5, 6, 7, 8, and 9 of the said law.

Sec. 5. Threat to Commit Terrorism. - 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. 2
Provision is vague as to what constitutes a threat to commit terrorism. It could give rise to
various interpretations that may include a wide range of acts.
Sec. 6. Planning, Training, Preparing, and Facilitating the Commission of Terrorism. - It shall be
unlawful for any person to participate in the planning, training, preparation and facilitation in
the commission of terrorism, possessing objects connected with the preparation for the
commission of terrorism, or collecting or making documents connected with the preparation of
terrorism. Any person found guilty of the provisions of this Act shall suffer the penalty of life
imprisonment without the benefit of parole and Good Conduct Time Allowance

Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as defined and
penalized under Section 4 of this Act shall suffer the penalty of life imprisonment without the
benefit of parole and the benefit of Republic Act No. 10592.

Sec. 8. Proposal to Commit Terrorism. - Any person who proposes to commit terrorism as
defined in Section 4mhereof shall suffer the penalty of imprisonment of twelve (12) years.

Sec. 9. Inciting to Commit Terrorism. - Any person who, without taking any direct part in the
commission of terrorism, shall incite others to the execution of any of the

ARRESTS AND DETENTION WITHOUT JUDICIAL WARRANTS

Section 29 of this law provides the provision regarding arrests and detention without Judicial
warrants which states that:
The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any
law enforcement agent or military personnel, who, having been duly authorized in writing by
the Anti-Terrorism Council has taken custody of a person suspected of committing any of the
acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall,
without incurring any criminal liability for delay in the delivery of detained persons to the
proper judicial authorities, deliver said suspected person to the proper judicial authority within
a period of fourteen (14) calendar days counted from the moment the said suspected person
has been apprehended or arrested, detained, and taken into custody by the law enforcement
agent or
military personnel. The period of detention may be extended to a maximum period of ten (10)
calendar days if it is established that:

(1) further detention of the person/s is necessary to preserve evidence related to the terrorism
or complete the investigation;

(2) further detention of the person/s is necessary to prevent the commission of another
terrorism; and

(3) the investigation is being conducted properly and without delay

PRELIMINARY PROSCRIPTION AS TERRORISTS

Proscription as defined, is the imposition of restraint or restriction and it is provided under

Section 27 of RA 11479 which states that:

Where the Court has determined that probable cause exists on the basis of the verified
application which is sufficient in form and substance, that the issuance of an order of
proscription is necessary to prevent the commission of terrorism, he/she shall, within seventy-
two (72) hours from the filing of the application, issue a preliminary order of proscription
declaring that the respondent is a terrorist and an outlawed organization or association
within the meaning of Section 26 of this Act. The court shall immediately commence and
conduct continuous hearings, which should be completed within six (6) months from the time
the application has been filed, to determine whether:

(a) The preliminary order of proscription should be made permanent;

(b) A permanent order of proscription should be issued in case no preliminary order was issued;
or

(c) A preliminary order of proscription should be lifted. It shall be the burden of the applicant to
prove that the respondent is a terrorist and an outlawed organization or association within the
meaning of Section 26 of this Act before the court issues an order of proscription whether
preliminary or permanent

PROLONGED AND BROADENED SURVEILLANCE

Surveilance is imposed upon any person charged with or suspected of committing any of the
crimes defined and penalized under the provisions of this Act and is further provided under
section 16, & 19 of the said act.

Sec. 16. Surveillance of Suspects and Interception and Recording of Communications. - The
provisions of Republic Act No. 4200, otherwise known as the "Anti-Wire Tapping Law” to the
contrary notwithstanding, law enforcement agent or military personnel may, upon a written
order of the Court of Appeals secretly wiretap, overhear and listen to, intercept, screen, read,
surveil, record or collect, with the use of any mode, form, kind or type of electronic, mechanical
or other equipment or device or technology now known or may hereafter be known to science
or with the use of any other suitable ways and means for the above purposes, any private
communications, conversation, discussion/s, data, information, messages in whatever form,
kind or nature, spoken or written words

(a) between members of a judicially declared and outlawed terrorist organization, as provided
in Section 26 of this Act;

(b) between members of a designated person as defined in Section 3 (E) of Republic Act No.
10168; or

(c) any person charged with or suspected of committing any of the crimes defined and
penalized under the provisions of this Act;

Provided, That surveillance, interception and recording of communications between lawyers

and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.

Sec. 19. Effective Period of Judicial Authorization. Any authorization granted by the Court of
Appeals, pursuant to Section 17 of this Act, shall only be effective for the length of time
specified in the written order of the authorizing division of the Court of Appeals which shall not
exceed a period of sixty (60) days from the date of receipt of the written order by the applicant
law enforcement agent or military personnel.
RESTRICTION ON TRAVEL

The restriction on travel against the respondent is found in section 34 of this Act, which
provides that: Prior to the filing of an information for any violation of Sections 4, 5, 6, 7, 8, 9, 10,
11 and 12 of this Act, 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. The said application shall be accompanied by
the complaint affidavit and its attachments, personal details, passport number, and a
photograph of the accused, if available. 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 he/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. The court shall
immediately furnish the DOJ and the Bureau of Immigration with the copy of said order. Travel
outside of said municipality or city, without the authorization of the court, shall be deemed a
violation of the terms and conditions of his/her bail, which shall be forfeited as provided under
the Rules of Court. He/she may also be placed under house arrest by order of the court at
his/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. If the evidence of guilt is strong, the
court shall immediately issue an HDO and direct the DFA to initiate the procedure for the
cancellation of the passport of the accused. The restrictions above-mentioned shall be
terminated upon the acquittal of the accused or of the dismissal of the case filed against
him/her or earlier upon the discretion of the court on motion of the prosecutor or of the
accused.

NO MORE COSTLY DAMAGES TO ACQUITTED PEOPLE

In contrast to the section 41 of the Human Security Act of 2007, which provides that: “ the
amount of Five hundred thousand pesos (P500,000.00) a day for the period in which his
properties, assets or funds were seized shall be paid to him on the concept of liquidated
damages.” is no longer applicable in the Anti-Terrorism Act of 2020