CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE

R.A. 9372.
AN ACT TO SECURE
THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM
(THE HUMAN SECURITY ACT OF 2007)
1. It created the crime known as terrorism and declared it to
be a crime against the Filipino people, against humanity, and
against the law of nations.
II. Defines the crime of terrorism to be the commission of any
of the crimes of :
A. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the
Philippine Waters
ii. rebellion
iii. Coup detat
iv. Murder
v. Kidnapping and Serious Illegal Detention
B. Under Special Laws
i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear
Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act
of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession
Firearms/explosives)

and

Manufacture

of

thereby sowing and creating a condition of widespread

and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful
demand

III. Requirements for Terrorism

A. The accused ( maybe a single individual or a group) must
commit any of the enumerated crimes
B. There results a condition of widespread and extraordinary
fear and panic among the populace
i. The extent and degree of fear and panic, including the
number of people affected in order to meet the term
populace, are questions of facts to be determined by
the courts and on a case to case basis.
ii. Is the term populace to be interpreted as referring
to the local inhabitants where the acts were committed,
or does it refer to the national population?
C. The purpose of the accused must be to coerce the
government to give into an unlawful demand
i. The word demand is too broad as to cover not only
political, criminal or monetarial demands but also those
which maybe categorized as social or economic. This
however is qualified by the word unlawful.
IV. Other Acts/Persons Liable
A. Conspiracy to commit terrorism. The penalty is the same
as terrorism itself ( i.e. 40 years of imprisonment)
B. Accomplices- he cooperates in the execution of either
terrorism or conspiracy to commit terrorism by previous or
simultaneous acts (Penalty is 17 yrs. 4 months and one day
to 20 years)

C. Accessory-The acts punished are the same as that under

Article 19 of the RPC. The penalty is 10 yrs. And one day to
12 years
1. The law however adopts the absolutory cause of
exemption of accessories from liability with respect to
their relatives

V. Surveillance of Suspects and Interception and Recording of

Communications
A. Authorizes the grant of Judicial Authorization to listen,
intercept, and record, any communication, message,
conversation, discussion, or of spoken or written words
between members of (i) a judicially declared and outlawed
terrorist organization or association or group, or (ii) of any
person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism
1. The Judicial Authorization can only be issued by the
Court of Appeals (a) upon a written application filed by a
police or law enforcement official or members of his team
and (b). after an ex parte hearing establishing (c).
probable cause that terrorism/conspiracy to commit
terrorism has been committed, or is being committed, or is
about to be committed ( note that the wording is
not attempted)
2. The applicant must have been authorized in writing to
file the application by the Anti Terrorism Council ( The
Body created to implement the law and assume
responsibility for the effective implementation of the antiterrorism[policy of the country)

3. The Judicial Authority is effective for a maximum period

not to exceed 30 days from date of receipt of the written
order and may be extended for another similar period
B. Punishes the act of failure to notify the person subject of
the surveillance, monitoring or interception, if no case was
filed within the 30 day period/life time of the Order of Court
authorizing the surveillance
C. Punishes any person who conducts any unauthorized or
malicious interceptions and or recording of any form of
communications, messages, conversations, discussions or
spoken or written words
VI. Provides for a Judicial Declaration of Terrorists and
Outlawed organization, association, or group of persons, by
any RTC upon application by the DOJ and upon prior notice to
the group affected.

VII. Procedure when a suspected terrorist is arrested

A. A suspected terrorist maybe arrested by any law
enforcement personnel provided:
1. The law enforcement agent was duly authorized in
writing by the Anti Terrorism Council
2. The arrest was the result of a surveillance or
examination of bank deposits
B. Upon arrest and prior to actual detention, the law
enforcement agent must present the suspected terrorist
before any judge at the latters residence or office nearest
the place of arrest, at any time of the day or night. The judge
shall, within three days, submit a written report of the
presentation to the court where the suspect shall have been
charged.

C. Immediately after taking custody of a person charged or

suspected as a terrorist, the police or law enforcement
personnel shall notify in writing the judge of the nearest
place of apprehension or arrest, but if the arrest is made
during non-office days or after office hours, the written
notice shall be served at the nearest residence of the judge
nearest the place of arrest
D. Failure to notify in writing is punished by 10 years and
one day to12 years of imprisonment
VIII. Period of Detention has been extended to three days
A. The three day period is counted from the moment the
person charged or suspected as terrorist has been
apprehended or arrested, detained and taken into custody
B. In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three days
without the written approval of the Human Rights
Commission, or judge of the MTC RTC, Sandiganbayan or
Court of Appeals nearest the place of arrest
C. If arrest was on a nonworking day or hour, the person
arrested shall be brought to the residence of any of the
above named officials nearest the place of arrest.
D. Failure to deliver the person charged or suspected as
terrorists to the proper judicial; authority within three days
is punished by 10 years and one day to 12 years.
IX. Other Acts Punished As Offenses (punished by
imprisonment of 10 years and one day to 12 years) which acts
are related to the arrest/detention of suspected terrorists

A. Violation of the rights of a person detained

1. Right to be informed of the nature and cause of the
arrest; to remain silent; to counsel
2. To communicate and confer with counsel at any time
without restriction
3. To communicate at any time and without restrictions
with members of family or relatives and be visited by them
4. To avail of the services of a physician of choice
B. Offenses relating to an official log book:
1. Failure to keep official logbook detailing the name of the
person arrested the date and time of initial admission for
custody and arrest; state of his health; date and time of
removal from his cell, and his return thereto; date and
time of visits and by whom; all other important data
bearing on his treatment while under arrest and custody
2. Failure to promptly issue a certified true copy of the
entries of the log book
C. Using threat, intimidation, coercion, inflicting physical
pain, or torment or mental emotional, moral or psychological
pressure which shall vitiate the free will

D. Punishes Infidelity in the Custody of Detained Persons

1. The penalty is 12 years and one day to 20 years if the
person detained is a prisoner by final judgment
2. The penalty is 6 years and one day to 12 years if the
prisoner is a detention prisoner

E. Punishes the act of knowingly furnishing False Testimony,

forged document or spurious evidence in any investigation
or hearing under the law ( 12 yrs and one day to 20 years)
X. Prosecution under the Law is a bar to another prosecution
under the Revised Penal code or any other special law for any
offense or felony which is necessarily included in the offense
charged under the law
XI. If the suspect is acquitted he is entitled to P500,000.00 for
every day of detention without a warrant of arrest.
A. Any person who delays the release or refuses to release
the amount shall be punished by imprisonment of 6 months
XII. Provisions on the Identity of the Informant
A. The officer to whom the name of the suspect was first
reveled shall record the real name and specific address of
the informant and shall report the same to his superior
officer who shall in turn transmit the information to the
Congressional Oversight Committee within 5 days after the
suspect was placed under arrest, or his properties
sequestered seized or frozen.
B. The data shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against
the suspect shall have been terminated.
( NOTE: It would seem that the confidentiality of the
informants identity is not permanent but may be revealed,
not like the provisions of the Rules of Evidence which
considers the confidentiality as permanent)

XIII. Territorial Application of the law:

The law applies to any person who commits an act covered

by the law if committed:
A. Within the terrestrial domain, interior waters, maritime
zone and airspace of the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises
belonging to or occupied by the Philippine government in an
official capacity
E. Against Philippine citizens or persons of Philippine
descent where their citizenship or ethnicity was a factor in
the commission of the crime
F. Directly against the Philippine government.
XIV. The provisions of the law shall be automatically suspended
one month before and two months after the holding of any
election.