DD. Terrorism Financing Prevention and Suppression Act (RA 10168, Secs. 4–14)

Sections 4-9, 17, and 19 Overview

Section 4: Financing of Terrorism This section defines the act of financing terrorism. It criminalizes the act of providing, collecting, or making available property, funds, or financial or related services, directly or indirectly, with the intention or knowledge that they will be used, in whole or in part, to carry out or facilitate a terrorist act, by a terrorist organization, association, or group, or by an individual terrorist. The section emphasizes that the actual use of the funds for terrorism is not required to constitute an offense; the intent or knowledge that the funds will be used for such purposes is sufficient.

Section 5: Accomplice This section establishes the liability of accomplices in terrorism financing. An accomplice is someone who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts. Accomplices are penalized with a lesser degree of punishment compared to principals.

Section 6: Accessory This section pertains to accessories to the crime of terrorism financing. An accessory is a person who, with knowledge of the commission of financing of terrorism and without participating as a principal or accomplice, subsequently participates in its proceeds, conceals or destroys evidence, or harbors, conceals, or assists the escape of the principal under the conditions specified in Section 6. Accessories are also punished but to a lesser degree than accomplices and principals.

Section 7: Prosecution of Offenses This section outlines the procedure for prosecuting individuals involved in terrorism financing. It emphasizes that the prosecution of offenses under this Act is independent of the prosecution of the predicate crime (i.e., the terrorist act itself). The prosecution may proceed even if the terrorist act did not occur or if the funds were not actually used for terrorism.

Section 8: Jurisdiction This section grants jurisdiction over offenses under the Act to the Regional Trial Courts (RTCs) of the Philippines. It also allows for the extraterritorial application of the law, meaning individuals can be prosecuted under this Act even if the offense was committed outside the Philippines, provided it involves a Filipino citizen, impacts Philippine interests, or is committed by a person or entity organized under Philippine laws.

Section 9: Authority to Investigate This section authorizes the Anti-Money Laundering Council (AMLC) to investigate terrorism financing.

Section 11: Authority to Freeze This section gives the AMLC the power to freeze, without delay, any property or funds related to terrorism financing. The AMLC may issue a freeze order without delay, subject to the Act’s rules on duration, challenge, and extension by the Court of Appeals. This provision aims to prevent the movement of funds that could be used for terrorism.

Summary

The Terrorism Financing Prevention and Suppression Act (R.A. No. 10168) is designed to combat the financial support systems that enable terrorism. Sections 4-9 focus on the criminalization of financing terrorism and the liability of those involved, including accomplices and accessories. The Act also provides mechanisms for freezing assets to prevent the flow of funds to terrorists. These provisions are essential in disrupting the financial networks that sustain terrorist activities, both within and outside the Philippines.

Anti-Piracy and Anti-Highway Robbery Law (P.D. No. 532)