Deconstructing Human Security

in the Philippines1
Prof Chester B Cabalza
National Defense College of the Philippines (NDCP)
bravechess21@gmail.com

ABSTRACT
The Human Security Act of 2007, otherwise known as Republic Act No. 9372, was
enacted by the 13th Congress of the Philippines that took effect on July 15, 2008 providing
legal framework for the governments anti-terrorism strategy and security policies. However,
this newly crafted statute does not have a landmark case yet. Proposition one looks at the
absence of terrorisms definition that makes the law as vague, ambiguous, and highly
susceptible to abuse; thus, the said Act is also too broad. Proposition two compares the
special law to some provisions of the 79-year-old Revised Penal Code or R.A. No 3815. Upon
the enactment of the HSA, criticisms were thrown, especially among leftists or militants and
civil libertarians or members of the civil society, that the Human Security Act will be used by
the government to commit human rights abuses. Proposition three dissects some provision of
the anti-terrorism law which may be contrary to basic human rights as it tackles
controversies on wiretapping, detention, and the issue on writ of amparo. Lastly, proposition
four discusses the view on whether or not the penalties and damages are just and admissible.
All in all, this paper shall examine the pros and cons of the four-year old Human Security Act
of 2007, using various perspectives in social sciences including legal and security studies
dimensions to better understand the countrys continuous fight against terrorism that
impedes social and economic development, as a major form of non-traditional security risk
and human-induced disaster.

This paper won the SMI-IFSSO Prize for Social Science Award from the International Federation of Social
Science Organizations in 2011.

Page 1 of 13 pages

Introduction
On 6 March 2007, the Human Security Act (HSA) of 2007, otherwise known as
Republic Act (R.A.) No. 9372 was enacted by the 13th Congress of the Philippines and signed
into law by the previous President of the Philippines, which took effect on 15 July 2008,
providing legal framework for governments anti-terrorism strategy and security policies.
The 35-page HSA ensures that any actions undertaken are done so within the bounds
of the law. It is declared to protect life, liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and to
the welfare of the people, and to make terrorism a crime against the Filipino people, against
humanity, and against the law of nations.2
This law was triggered after the tragic September 11, 2001 terrorist attack in the
United States and several high-profile terrorist activities in the Philippines by
extremist/terrorist Abu Sayyaf Group (ASG)3 and antigovernment group of the Moro Islamic
Liberation Front (MILF),4 both organizations are based in Mindanao; and the regional terror
partner Jemaah Islamiyah (JI)5 from Indonesia which had mercilessly abducted and caused
terror to foreigners and the Filipino citizens, alike. Most Muslim terrorist acts in the country
were executed by these notorious groups that include the Sipadan-Sulu Hostage Crisis on
April 2000, the Rizal Day bombing on December 2000, the Dos Palmas Kidnapping on May
2001, the Superferry bombing on February 2004, the Makati Valentine bombing on
December 2005, and the Zamboanga bombing on October 2006 - all prior to the enactment of
the HSA on March 2007.
Because terrorism is not only a local menace, it transcends global actions among
countries that are threatened by this non-traditional security, human security issue,6 and
transnational crime.7 The UN through the United Nations Human Rights Commission
(UNHR) has to address terrorism as a universal problem many nations are currently facing.8
2

Section 2, paragraph 1, HSA (2007).

Under President Benigno Aquinos administration, the AFP internal peace and security initiatives shall focus
on the defeat of terrorist groups such as the Abu Sayyaf Group (ASG) and the Jemaah Islamiyah (JI) in
compliance with the policy of non-negotiation of the government, in Internal Peace and Security Plan (IPSP)
Oplan Bayanihan, Executive Summary, Armed Forces of the Philippines (AFP), 2011, v.
4
The MILF is assumed to be the largest Muslim separatist rebel group in southern Mindanao, Philippines, based
on strength of arms, is also a militant Islamic movement with cyber capability, actively utilizing Internet Web
sites to represent its causes, in Luwaran.com: Mouthpiece of the Bangsamoro in Southern Philippines, (Asian
Politics and Policies, Volume 3 Issue 1, Wiley-Blackwell, USA, 2011), 153.
5
Ibid, IPSP Executive Summary. The IPSP program banks on two strategies: the whole of nation approach,
which entails a multi-faceted and multi-pronged approach in solving the counterinsurgency problem, and the
people-centered security or human security approach that puts peoples welfare at the center of Oplan
Bayanihan operations, originally quoted from the article of Chen Imperial, Dangerous Fronts: Deconstructing
Peace in Aquinos Oplan Bayanihan, (Philippine Collegian, February 5, 2011), 8.
6
For those advocating an expanded view of security, the key is not to focus on any one particular transnational
threat but rather to understand the overlapping and interactive effects that various challenges can pose at the
individual, national, and global levels, in David Fouse, Editors Introduction, Issues for Engagement: Asian
Perspective on Transnational Security Challenges, (Honolulu, Hawaii, 2010), 7.
7
Number four (4) of the 12 bullets presented as the Chairs Executive Summary identified emerging trends in
the fight against terrorism. The Conference noted the changing nature and tactics of terrorist groups. It also
observed the new face of terrorism: younger, more mobile, resourceful, and motivated. The Conference
identified the significant contributions of transnational organized crime, narcotics trafficking, weapons
smuggling, as well as money laundering for terrorism. The Conference considered the emergence of the Internet
as a powerful medium for the dissemination of propaganda: to radicalize, indoctrinate and recruit, as well as
3

Page 2 of 13 pages

In the Philippines, through this anti-terror law, the government can effectively pursue
security imperatives without sacrificing civil liberties. However, legal experts deem that the
HSA is the only Philippine law that specifically penalizes torture and imposes stiff penalties
and fines on law enforcers, provided by Section 24 of R.A. No. 9372.9

Methodology and Theoretical Framework

The primary methodology undertaken in this study as a form of my process variable is
the descriptive research method that comprises of my statutory construction on the Human
Security Act of 2007 (the anti-terrorism law of the Philippines) and in relation with other
legal instruments that would prove that acts of terrorism is punishable by operation of this
newly-crafted statute. Several other secondary sources important for my textual analyses
were derived from scholarly writings and materials from short-courses and conferences I
attended on the discourse of international and local terrorism that would allow me to gauge in
my pressing comments and propositions that need to be clarified and resolved. Furthermore,
the controversies and issues I presented in this paper may be expounded by some disciplines
in social sciences which may have not been expressly provided by the new law.10
Albeit, as a social scientist, the initial theoretical framework that comes to my mind
into understanding terrorism is the underlying factor that Anderson's (1983) historical
examination of the concoction of nationalism seems to have merits. However, he leaves open
the idea that it is an ongoing and dynamic process. His insights are very strong in addressing
the narration of the current course of history in our post-modern society. His framework lays
the foundation for future examinations of "imagined communities" in new forms, especially
when his popularized notion of imagined communities can be translated into todays issues
of secessionism and terrorism where marginalized and colonized communities would want to
realize their own imagined communities to be free from implied or expressed impositions
of the outsiders.

Issues and Controversies

The paper will attempt to argue on the following propositions:
infiltrate and disrupt systems to carry out terrorist objectives and facilitate terrorist attacks, in 7th Asia-Europe
(ASEM) Conference, June 22-23, 2009.
8
In 2002 the UNHRC organized a global convention on Terrorism and the International Law: Challenges and
Responses, Complimentary Nature of Human Rights Law, Humanitarian Law and Refugee Law. To date, the
United Nations (UN) does not have a generally accepted, single, inclusive and legal definition of terrorism
and international terrorism. However, definitions of terrorism vary from direct experiences of several
countries, of scholars and of policy-makers. Because of this terrorism will not only make applicable to the
doctrine of universal jurisdiction but will also provide for concurrent jurisdictions between international courts
and domestic courts and allow the latter to yield jurisdiction to international courts according to treaty
obligations.
9
From the Human Security Act of 2007. Powerpoint presentation by former Usec Ricardo R Blancaflor,
Department of Justice (DOJ), Spokesman, Anti-Terrorism Council, Template no. 5.
10
Notable short courses and trainings I had attended would include, Preventing, Interdicting, and Investigating
Acts of Terrorism (PIIAT), by experts from the Federal Bureau of Investigation (FBI), Terrorist Financing,
conducted by the International Center for Political Violence and Terrorism Research, and the 7th Asia-Europe
Meeting (ASEM) on Counter-Terrorism held in Manila.

Page 3 of 13 pages

1.) Whether or not there is a clear definition of the Human Security and Terrorism in RA
No. 9372;
2.) Whether or not the new special law does not supersede some provisions of the 79year-old Revised Penal Code or R.A. No 3815;
3.) Whether or not the Philippine anti-terrorism law is contrary to basic human rights as it
tackles controversies on wiretapping, detention, and the issue on writ of amparo; and
4.) Whether or not the penalties and damages are just and admissible.

Policy Considerations
Terrorism is a multi-faceted phenomenon for it contains legal, political,
psychological, philosophical, historical, technological, and other components (Vorobieva,
2002). The US Department of Defense Dictionary of military terms defines terrorism as the
calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended
to coerce or to intimidate governments or societies in the pursuit of goals that are generally
political, religious, or ideological.11 However, there is no official definition of terrorism
agreed on throughout the world, and definitions tend to rely heavily on who is doing the
defining and for what purpose. Some definitions focus on terrorist tactics to define the term,
while others focus on the actor.12
Implication: In my own personal view, terrorism resembles an iceberg, with the tip
of shocking attacks, and with the base of multidisciplinary issues like religious radicalization
and poverty. Yet others look at the context and ask if it is military or not. To annihilate and
wipe out an iceberg, one must destroy it from the base. Hence, human security as part and
parcel of the issue of domestic and international terrorism should be properly addressed by
resolving the problems that support the tip.13

Proposition One:
In my view of the newly adopted legislation, while well-intended, the Human Security
Act is one of the most incoherent, disorganized and disjointed laws our Congress has ever
passed. It is a mix-and-match collection of 62 sections and 22 provisions; and the law has no
discernible structure, no headings or subheadings, and no groupings of sections.

11

Definitions of Terrorism, http://terrorism.about.com/od/whatisterroris1/ss/DefineTerrorism_4.htm, accessed

on 15 February 2011.
12
Articulated by Dr Amy Zalman, PhD, former About.com Guide, text can be found at
http://terrorism.about.com/od/whatisterroris1/ss/DefineTerrorism.htm.
13
Chester B Cabalza, Cyberterrorism and its Implications on Global-Local (Glocal) Discourse in Southeast
Asia, presented in the 2nd Singapore Graduate Forum on Southeast Asia Studies of the Asia Research Institute
of the National University of Singapore at the National University of Singapore, Bukit Timah Campus, on 26-27
July 2007, 2-3.

Page 4 of 13 pages

The absence of the definition of terrorism14 makes the special law as vague,
ambiguous, and highly susceptible to abuse. With no objective standards to guide our law
enforcers, the HSA in effect bestows on law enforcers the unfettered discretion to decide if a
person is engaged in terrorism or conspiracy to commit terrorism, which is very dangerous
indeed.
The Human Security Act is also too broad; even the term human security15 itself. It is
not in line with the definition proposed by the UN High Level Panel on Threats, Challenges
and Change entitled A More Secure World: Our Shared Responsibility,16 published by the
United Nations. Although, the universal definition of terrorism remains contentious and
debatable; terrorism, according to UNs former Secretary General Kofi Annan is the use of
violence against civilians for political reasons. However, the UN High-Level Panel
definition imposes that the action must be intended to cause death or serious bodily harm to
civilians or non-combatants. This fundamental aspect of terrorist acts is not taken into
account in the definition enshrined in the Filipino legislation.

Proposition Two:
Before the Human Security Act of 2007, the Philippines relied on the Revised Penal
Code of 1932, or R.A. No. 3815,17 which is a 79-year-old law now. Upon the enactment of
HSA, criticisms were thrown, especially among the leftists or militants and civil libertarians
or members of the civil society, that the new law will be used by the government to commit
human rights abuses. However, the government panel said this law itself has many built-in
safeguards against human rights abuses.18
The HSA lists 11 crimes punishable with terrorism: piracy, rebellion or insurrection,
coup detat, murder, kidnapping and serious illegal detention, arson, hijacking, highway
robbery, illegal possession of firearms, violation of the Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990 and the Atomic Energy Regulatory and Liability Act of
1968.19

14

Terrorism under the Security Studies discourse is part and parcel of the broad man-made/human-induced
catastrophes. This prompted our legislators to associate terrorism under the vast and ambiguous concept of
Human Security. In fact, NDCP as the governments premier security and defense academic institution used to
house the Crisis Management Institute (CMI), formerly known as the Emergency Management Institute of the
Philippines (EMIP) that tackles research study and conducts trainings on terrorism and transnational crimes. The
former office was envisioned to be the countrys center for education, training, and research for natural and
human-induced disasters. But this institute was dissolved due to rationalization of the NDCP which was
approved by the Department of Budget and Management (DBM) and is now consolidated as part of the Division
of Research and Special Studies of the College. Under the new Defense Planning Guidance (DPG) for 20122018 of the Department of National Defense (DND), the NDCP shall serve as the think tank for the entire DND.
15
The disciplines of Anthropology, Asian Studies, Security Studies, and International Studies are known for its
holistic approaches, thus far, social scientists argue that human security must be viewed larger than scrutinizing
only terrorism and transnational crimes. Other areas of human security must also include Community Security,
Health Security, Environmental Security, Food Security, Economic Security, Livelihood Security, SocioCultural Security, Political Security, and Personal Security.
16
http://www.un.org/secured/org/, accessed on 16 July 2010.
17
The Revised Penal Code, Book One and Two, Chan Robles Library, 1930-12-08.
18
From the Human Security Act of 2007. Powerpoint presentation by Usec Ricardo R Blancaflor, Department of
Justice (DOJ), Spokesman, Anti-Terrorism Council, Template no. 4.
19
Section 3, HSA (2007).

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The Anti-Terror Law made terrorism a crime against the Filipino people, against
humanity, and against the law of nations.20 More importantly, three essential elements of
the crime of terrorism shall include:
1) The commission of one or more of the crimes enumerated above;
2) The commission of the crime sows and creates a condition of widespread and
extraordinary fear and panic among the populace; and,
3) The purpose for the commission of the crime is to coerce the government to give in
to an unlawful demand.
Although, the Human Security Act of 2007 does not have a landmark case yet, the
Revised Penal Code has several benchmark cases, which may affirm or may reverse,
provisions of the new law. For instance, in People vs. Lava,21 the Court defines rebellion, to
wit: rebellion cannot be complexed with murder, arson, robbery and/or other common crimes,
committed as means to or in furtherance of the rebellion charged. The reason is that political
crimes are directly aimed against the political order and common crimes may be committed
to achieve a political purpose. The decisive factor is the intent or motive.
On the other hand, Umil vs. Ramos,22 affirms that criminal law; habeas corpus;
subversion; the crime of rebellion, subversion, conspiracy or proposal to commit such crimes,
and crimes or offenses committed in furtherance thereof or in connection therewith constitute
direct assaults against the State are in the nature of continuing crimes.
Lastly, in People vs. Mapa,23 the court held that it shall be unlawful for any person to
possess any firearm, detached parts of firearms or ammunition thereof, or any instrument or
implement used or intended to be used in the manufacture of firearms, parts of firearms, or
ammunition. Firearms and ammunition regularly and lawfully issued to officers, soldiers,
sailors, or marines of the AFP, the PC, guards in the employment of the Bureau of Prisons,
municipal police, provincial governors, lieutenant governors, provincial treasurers, municipal
treasurers, municipal mayors, and guards of provincial prisoners and jails, are not covered
when such firearms are in possession of such officials and public servants for use in the
performance of their official duties. No provision is made for a secret agent.
The above-mentioned cases are already punishable under the Revised Penal Code; but
as defined by HSA, these acts will be considered terrorism if it sows and creates a
condition of widespread and extraordinary fear and panic among the populace in order to
coerce the government to give into an unlawful demand.24
In my view, there is lack of clear parameters in its listing of common crimes to
convert to terrorism. For example, rebellion or insurrection is a crime against public order
and is committed by rising publicly and taking arms against the government would
necessarily sow and create a condition of widespread and extraordinary fear and panic among

20

Id., para 1.
28 SCRA 27, 16 May 1969, GR L-4974.
22
187 SCRA 313, 9 July 1990, GR L-81567.
23
GR L-22301, 30 August 1967.
24
Sec 2, para 1, HSA (2007).
21

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the populace. The HSA, in effect should obliterate rebellion and insurrection in our criminal
laws and substitute them with the crime of terrorism.
Given the situation, could EDSA Revolutions25 I, II, and III be considered as terrorist
acts as it may be deemed by government as acts of rebellion or insurrection since it ebbed
fear and caused extraordinary terror among the public or populace; and the call for the chief
executive to vacate office may be deemed an unlawful demand under the law.
In my observation, after the controversial enactment of the HSA, known terrorist
groups such as the Abu Sayyaf Group (ASG), would continuously commit crimes of
terrorism through kidnapping for ransom26 and sow rebellion27 as a continuing crime against
the Philippine government by instilling fears among the citizens and foreigners or aliens.
Although, few terrorist leaders have had been caught by law enforcers, however,
organizations they represent do not deter them from incessantly doing unlawful and heinous
crimes.
Hence, criminalizing terrorist organizations and conspiracies are useless, impractical
and ineffective in addressing the problem on terrorism. It may only result in the arrest of lots
of small fry but will never stop the big fish behind those organizations.

Proposition Three:
In the Declaration of Policy of the HSA, it explicitly expressed that the State shall
uphold basic rights and fundamental liberties of the people as enshrined in the
Constitution,28 and, further down, it reiterates that powers of the executive department of
the government shall not prejudice respect for human rights which shall be absolute and
protected at all times.29
On the issue on wiretapping, the law requires a written order of the Court of Appeals
(CA) before authorities can listen to, intercept and record any communication, message,
conversation, discussion or spoken or written words, between suspected terrorist groups or
persons.30 A penalty of ten years and one day to twelve years of imprisonment for the liability
attaching to the offender upon commission of the act.31
In my view, the provision clearly violates due process of law, since those under
surveillance or wiretapping are barred from participating in the proceeding to the detriment of
their life and liberty. They are not to be informed of the application or any such authorization
order against them. They are also not allowed to contest such application or any evidence that
may be brought against them; neither are they allowed to present pieces of evidence on their
25

In political discourse, the Philippine EDSA Revolution would not qualify as a revolution in its political
entirety compared to other political revolutions which occurred in other parts of the world but a mere uprising
against the government.
26
Jurisprudence defines kidnapping for ransom as the unlawful taking and carrying away of a person by force
or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting ransom as
payment of his/her release, Blacks Law Dictionary, 4th Edition, West Publishing Co., 1968.
27
Cited, People vs. Lava case.
28
Section 2, para 1, HSA (2007).
29
Id., para 4.
30
Section 16, para 1, HSA (2007).
31
Id., para 2.

Page 7 of 13 pages

own behalf. More so, they will be subjected to invasion of their privacy rights without due
process for up to 60 days by a battery of law enforcement officers, and any recordings made
or evidence obtained in violation of their privacy and due process rights may be used in
evidence against them.
The law also expressly stipulates the period of detention without judicial warrant of
arrest and authorizes the police or law enforcement personnel who take custody of a suspect
are required to deliver said charged or suspected person to the proper judicial authority
within a period of three days 33 or risk a long jail term.
32

In the said provisions, HSA follows the general rule that official duties are regularly
performed by police officers, acting as mere agents of the state, in enforcing the said law.
The state, on the other hand, cannot be sued without its consent and consent may be express
or implied.34
In the event of an actual or imminent terrorist attack, persons suspected of terrorism
may be arrested and detained without charges for as long as the detention is approved by a
judge of the municipal or regional trial court, the Sandiganbayan or a justice of Court of
Appeals nearest to the place of arrest or by municipal, city, provincial or regional office of a
Human Rights Commission,35 or, where the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice shall be served at the residence of the judge
nearest the place where the accused was arrested.36
In my analysis in the said provision, it is not clear whether the Human Rights
Commission mentioned here is the same as the constitutionally established Commission on
Human Rights (CHR). Also, the two paragraphs in Section 19 are contradictory. While the
latter requires personal delivery of the arrested person to the judge nearest to the place of
arrest and the later appears to negate this requirement by asking only a written notice to the
judge nearest to the place of arrest.
The writ37 of amparo38 is an order issued by a court to protect the constitutional rights
of a person. The writ of amparo39 is a remedy available to any person whose right to life,
liberty, property, and security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity. It also covers
extrajudicial killings and other enforced disappearances or threats. The Supreme Court of the
Philippines announced that the draft guidelines (Committee on Revision of Rules) for the writ
of amparo were approved on September 23, 2007 which was deliberated by the En Banc
Court last September 25, 2007.

32

Section 18, para 1, HSA (2007).

Id., para 2.
34
Express consent may be embodied in a general law or a special law. Consent is implied when the state enters
into a contract or in itself commences litigation.
35
Section 19, para 1, HSA (2007).
36
Id., para 2.
37
Writ is an official court document, signed by a judge, commanding the person to whom it is addressed, to do
something specific, (Legal Jargon for Beginners), 51.
38
Amparo comes from the Spanish verb amparar, which means to defend, protect or shelter from harm The
rule is Latin American in origin.
39
Constitutional bases for writ of amparo include Article VIII, Section 5 (5) and (8) and Article III Section 1,
Section 7, and Section 8 (2).
33

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However, skeptics believe that the said law has several effects which are dangerous
piece of legislation in Philippine legislative history, threatening the Bill of Rights and
contravening the constitutional provisions put in place to avoid a repetition of the horrors of
martial law.
The judicial question on writ of amparo in prosecuting terrorists is contrary to the
spirit and intent of the Human Security Act of 2007. I believe that these and other similar
provisions violate the right to liberty, to be presumed innocent, to due process of law, to
equal protection under the law, to fair trial, to travel, and to privacy of communication and
correspondence.

Proposition Four:
Other controversy in the provisions of R.A. No. 9372 is stipulated in Section 26
which provides that persons who have been charged with terrorism or conspiracy to commit
terrorism even if they have been granted bail because evidence of their guilt is not stronger
and can be detained under house arrest; restricted from traveling; and/or, prohibited from
using any cellular phones, computers or other means of communicating with people outside
their residence.40
Strongly stipulated in Section 50,41 it provides that any person accused of terrorism
who is later acquitted by the court shall be entitled to the payment of P500,000 in damages
for every day that he or she has been detained or deprived of liberty or arrested without a
warrant as a result of such an accusation.
However, Section 4142 provides that persons whose properties are seized, sequestered
or frozen, but who are later acquitted or the cases against them dismissed, are entitled to
P500,000 a day for the period in which their properties were seized, sequestered or frozen.
The amount shall be taken from the appropriations of the police or law enforcement agency
that caused the filing of the charges.
Hence, prior to the enactment of HSA, also a new law had been created by the
Congress on terrorist financing. Based on intelligence report, some members of the Al Qaeda
global terrorist network studied aeronautics and basic flying in Pampanga, Philippines in
preparation of their successful terror attack in World Trade Center on the infamous 9/11
terrorist attacks in New York, USA. Foreign terrorists funneled through funds and money in
Philippine banks to support terrorism.43
Because of this and other increasing cases on terrorist financing since the 9/11
terrorist attack, the Philippine Congress immediately passed another controversial law, which

40

HSA (2007).
Id.
42
Id.
43
National Defense Report (2001), Terrorist Financing in the Philippines, National Defense College of the
Philippines.
41

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is the R.A. No. 9160, also known as, The Anti-Money Laundering Act (AMLA) of 2001.44
The AMLAs45 mission includes the following:
1. To protect and preserve the integrity and confidentiality of bank accounts.
2. To ensure that the Philippines shall not be used as a money laundering site for the
proceeds of any unlawful activity.
3. To extend cooperation in transnational investigation and prosecution of persons
involved in money laundering activities whenever committed.
Although, detention premised on suspicion of involvement in a future crime is
unacceptable in a supposedly democratic society that operates, among others, on the
presumption of innocence among those accused. Restricting the suspects' right to travel and
depriving them of their right to privacy also do not bode well for a government that is
supposed to protect and uphold civil rights of all people, including those charged with crimes.
What proves to be worse is people being presumed guilty by association and consequently
penalized by seizing, sequestering and freezing their assets.
In the final analysis, the Human Security Act of 2007 is the only Philippine law that
specifically penalizes torture and imposes stiff penalties and fines on law enforcers.

Conclusion
The Philippines continues to be a prey of terror acts whether by insurgents and other
terrorists; and the country still experiences kidnappings of foreigners and fellow Filipinos
which has become a cottage industry in Mindanao and other remotest areas of the
archipelago where decades of rebellion have stunted social and economic development.
I propose legal amendment in the new law on anti-terrorism or the Human Security
Act of 2007, where provisions follow one another without logical connection; some sections
contradict each other; while others simply make no sense. Worse, the HSA is a dangerous
law for me, despite my affirmative belief that we have now laws to prosecute terrorists;
however, its intent is contrary. It authorizes preventive detention, expands the power of
warrantless arrest, and allows for unchecked invasion of privacy, liberty and other basic
rights. Persons merely suspected of engaging in terrorism may be arrested without warrant
and detained without charges.
More so, suspected terrorists, which are revolutionary terrorists in our law, may be
placed under house arrest, prohibited from using their mobile phones, computers, the Internet
and other means of communication, even when they are granted bail on the ground of
evidence of guilt is not strong. They may also be subjected to surveillance and wiretapping,

44

Available at lawphil.net, accessed on 18 July 2010.

The AMLA has designated the Anti-Money Laundering Council (AMLC) to assist foreign States in tracking
down, freezing, restraining, seizing and forfeiting assets alleged to be proceeds of any unlawful activity. AMLC
is also a quasi-judicial body to hear and decide administrative cases involving AMLA violations by covered
institutions.
45

Page 10 of 13 pages

as well as examination, sequestration and freezing of bank deposits, and other assets, on mere
suspicion that they are members of a terrorist organization.

(Disclaimer: The propositions expressed in this paper do not necessarily reflect the views of
the institution the author is representing. For comments and suggestions, please email at
bravechess21@gmail.com)

Page 11 of 13 pages

References
A. Secondary Sources
The Constitution of the Republic of the Philippines, 1987
Benedict Anderson, Imagined Communities: Reflections on the Origin and Spread of Nationalism,
(London: Verso, 1983), 8-10.

Blacks Law Dictionary, 4th Edition, West Publishing Co., 1968.

Ricardo Blancaflor, The Human Security Act of 2007, (PowerPoint Presentation.
Department of Justice, Spokesman, Anti-terrorism Council, 2009), templates 4 and 5.
Chairs Summary, Seventh Asia-Europe Meeting (ASEM) on Counter-Terrorism, (Summary
paper presented at Sofitel Manila, Philippines on 22-23 June 2009).
Chester Cabalza, Luwaran.com: Mouthpiece of the Bangsamoro in Southern Philippines,
(Asian Politics and Policies, Volume 3 Issue 1, Wiley-Blackwell, USA, 2011), 153-155.
Chester Cabalza, Cyberterrorism and its Implications of Global-Local (Glocal) Discourse
in Southeast Asia, (paper presented during the 2nd Singapore Graduate Forum on Southeast
Asia Studies of the Asia Research Institute of the National University of Singapore at the
National University of Singapore, Bukit Timah Campus on 26-27 July 2007).
David Fourse, Issues for Engagement: Asian Perspective on Transnational Challenges,
Editors Introduction, Asia-Pacific Center for Security Studies, (Honolulu, Hawaii, 2010), 7.
Imperial Chen, Dangerous Fronts: Deconstructing Peace in Aquinos Oplan Bayanihan,
(Lathalain, Philippine Collegian, February 5, 2011), 8.
Internal Peace and Security Plan (IPSP) Oplan Bayanihan, Executive Summary, Armed
Forces of the Philippines (AFP), 2011, v-vi.
Legal Jargon for Beginners, A Codex of Terms, Acronyms, Idioms and Abbreviations on
Philippine Law and Politics, Business and Computer Language and Law School Culture,
Center for Legal Education and Research, Arellano Law Foundation, 2005.
National Defense Report, Terrorist Financing in the Philippines, (National Defense College
of the Philippines, 2001), 7-8.
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E., and Hassan, M., (eds.), Terrorism: Perspective for the Asia Pacific, 11th Meeting of the
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Supreme Court Report Annotated (SCRA)

People vs. Lava, 28 SCRA 27, 16 May 1969, GR L-4974
Umil vs. Ramos, 187 SCRA 313, 9 July 1990, GR L-81567
People vs. Mapa, GR L-22301, 30 August 1967
B. Electronic/Online Sources
Human Security Act (HSA) of 2007 or R.A. No. 9372 (Full Text), http://www.lawphil.net,
accessed on March 08, 2011.
The Anti-Money Laundering Act (AMLA)
http://www.lawphil.net, accessed March 10, 2011.

or

R.A.

No.

9160

(Full

Text),

A More Secure World: Our Shared Responsibility, http://www.un.org/secured/org/, accessed

on February 15, 2011.
Revised Penal Code of 1932 or R.A. No. 3815 (Book One and Two) 1930-12-08.
http://www.chanrobles.com, accessed on 18 July 2011.
Zalman,
Amy
PhD,
former
About.com
Guide,
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