N. Anti-Terrorism Act (RA 11479)

Coup d’état in general

• May be perpetrated with or without civilian participation; and
• Coup d’état is no longer specifically listed and punished as a predicate crime for terrorism (R.A. 11479, Section 57, repealing R.A. 9372, which listed coup d’état in Section 3) but may still be punished as terrorism if the circumstances make it fall within the broader formulation of terrorism under R.A. 11479, Section 4

Special Case: Anti-Terrorism Act of 2020

Under the Anti-Terrorism Act of 2020, if person taken custody of is 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, the duly authorized law enforcement agent or military personnel 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 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 (RA No. 11479, Sec.29). The 3-day period under Sec. 18 of the Human Security Act has been repealed.

Sections 3-12, 25, 26, 29, and 36 Overview

Section 3: Definition of Terms This section defines terms used in the Act. Section 4 defines the offense of terrorism and its elements. The definitions are crucial as they establish the scope and applicability of the law. The term "terrorism" includes acts intended to cause death, serious bodily injury, or extensive destruction to create widespread fear or intimidate the government or international organizations.

Section 4: Terrorism This section details the acts that constitute terrorism. It includes acts that:

• Cause death or serious physical harm,
• Create an environment of fear and intimidation,
• Cause extensive damage to critical infrastructure, or
• Severely disrupt public safety and security.

However, it explicitly excludes advocacy, protest, dissent, stoppage of work, industrial action, and similar activities from being classified as terrorism unless intended to cause death or serious physical harm to a person, endanger a person’s life, or create a serious risk to public safety.

Section 5-12: Specific Terrorism-Related Crimes These sections enumerate specific offenses related to terrorism, including:

• Section 5: Threat to commit terrorism,
• Section 6: Planning, training, preparing, and facilitating the commission of terrorism,
• Section 7: Conspiracy to commit terrorism,
• Section 8: Proposal to commit terrorism,
• Section 9: Inciting to commit terrorism,
• Section 10: Recruitment to and membership in a terrorist organization,
• Section 11: Foreign terrorist fighters, and
• Section 12: Providing material support to terrorists.

Each of these offenses has corresponding penalties, including imprisonment ranging from 12 years to life, depending on the gravity of the offense.

Section 25: Designation of Terrorist Individuals, Groups of Persons, Organizations, or Associations This section empowers the Anti-Terrorism Council (ATC) to designate individuals or groups as terrorists based on criteria established by the United Nations Security Council or upon finding probable cause that they are involved in terrorism. Designation has serious consequences, such as freezing the assets of the designated individuals or organizations.

Section 26: Proscription of Terrorist Organizations, Associations, or Groups of Persons The Act allows the Court of Appeals to proscribe or outlaw terrorist organizations upon application by the Department of Justice (DOJ). This involves a legal process where the organization or group is given the chance to be heard before a final decision is made.

Section 29: Detention Without Judicial Warrant of Arrest This section permits law enforcement authorities to detain individuals suspected of committing terrorism for up to 24 days without a warrant of arrest. This provision has been highly controversial due to concerns over potential abuse and violation of constitutional rights.

Section 36: Authority to Investigate Bank Deposits, Accounts, and Records This section concerns authority to investigate bank deposits, accounts, and records. Section 29 governs the deadline for delivering an arrested person to the proper judicial authority.

Summary

These sections of the Anti-Terrorism Act outline the critical definitions, specific terrorism-related offenses, and procedures for designating and proscribing terrorists and terrorist organizations. The Act has been contentious due to its broad definitions and the powers it grants to the government, especially concerning detention without a warrant, raising concerns about potential human rights violations.

Terrorism Financing Prevention and Suppression Act (R.A. No. 10168)