Mabini Hall - Access to Justice

Understanding the Human Security Act of 2007 (R.A. No. 9372)

Part 2

It is said that the fear of the unknown can only be overcome by making it known. This three part series of the Human Security Act is meant to introduce the new anti-terror law to the man on the street. How does it affect the daily life of Juan dela Cruz?

Extra-Territorial Application. This is a new provision in our land.
Because of the nature of terrorism, the law is made to apply to individual persons who, although physically outside the territorial limits of the Philippines 1) commit or conspire to commit the crime of terrorism inside the territorial limits of the Philippines, or 2) against any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity, or directly against the government, or 3) against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor.

This means law enforcers can investigate and file charges, the prosecutors can make an indictment and the courts can issue warrants of arrest against persons who are physically outside the country and commit the crime of terrorism. The enforcement of the warrant of arrest or other judicial process to compel compliance is another matter subject to legal agreement between the countries.

Electronic surveillance. Section 7 to 16 governs the procedure for law enforcers to conduct electronic surveillance. Now, we have the Anti-wire Tapping Law which already allows surveillance for certain crimes subject to certain conditions. The Human Security Act (HSA) includes the crime of terrorism as one of those crimes. Also, the HSA clearly provides the electronic means that can be resorted. Note that under the anti-wire tapping law passed in 1965, the computer was just taking shape and there were practically no cell phones. Times have changed and the weapons of terrorism employing and abusing technology require a new crime-fighting tool.

The safeguards are that there must be a written order from a specified Court of Appeals to give authority to the selected law enforcer upon showing of probable cause. More importantly, this can be issued only against members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism and not any Juan, Jose and Tomas.

In any case, the privileged communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized. Priests and their confessants are however not included in this exception. The authorized period is for thirty (30) days with only one thirty (30) day extension. Moreover, the law enforcer must file the appropriate charge within the stated period and the person under surveillance has the right to challenge his surveillance at timely and key intervals. Any evidence must be deposited with the Court of Appeals under a strict procedure the failure of which will make the evidence inadmissible in any proceeding.

Bank account examination, As discussed yesterday in the Al-Ghozi case, another vital component is the financing of the crime of terrorism Section 27 to 43 covers the examination of bank deposits. Under our present anti-money laundering law, law enforcers already have this authority albeit with additional safeguards. The requirement of probable cause must still be there and the courts must still be engaged.

At every step, a consequent penalty is imposed on those who fail to perform the requisite action or abuses the authority granted him. For example, the penalty of ten (10) years and one day to twelve (12) years of imprisonment is imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information. Also, the penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing. In general, law enforcers are forced to follow the letter and spirit of the law under pain of criminal sanction in order to avail of the tools available under the new law.

Monitoring entities and mechanisms. The Commission on Human Rights (CHR) is mandated to give highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the law and for this purpose, is given concurrent jurisdiction to prosecute public officials, law enforcers, and other possible violators. There is a Grievance Committee composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate complaints against law enforcement officials. There is also a Joint Oversight Committee composed of five (5) members each from the Senate and the House in addition to the Chairs of the Committees of Public Order with at least two (2) opposition members. Upon the expiration of one year after the approved of the law, it shall be reviewed without prejudice to the submission of regular reports.

Anti-Terrorism Council. The most important body is the Anti-Terrorism Council (ATC) composed of: (1) Executive Secretary, chairperson; (2) Secretary of Justice, vice chairperson; (3) the Secretary of Foreign Affairs; (4) Secretary of National Defense; (5) Secretary of the Interior and Local Government; (6) Secretary of Finance; and (7) National Security Advisor, members. The ATC shall properly implement the law and the anti-terrorism policy of the country. The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime, and the Philippine National Police intelligence and investigative elements are the support agencies.

The ATC shall formulate comprehensive and effective anti-terrorism plans and programs, coordinate all national efforts and mobilize the entire nation against terrorism, direct the speedy investigation and prosecution of persons accused or detained for the crime of terrorism, grant monetary rewards, establish international cooperation and establish and maintain comprehensive data-base information systems on terrorism, terrorist activities, and counter-terrorism operations.