Anti Terrorism Act

• Declaration of Policy: State policy to protect life, liberty, and property from terrorism, condemn terrorism as inimical and dangerous to national security and welfare of the people, and make terrorism a crime against the Filipino people, humanity, and The Law of Nations
• Nothing in this Act shall curtail, restrict, or diminish constitutionally recognized powers of the executive branch of the government
• Exercise of executive powers shall not prejudice respect for human rights which shall be absolute and protected at all times
• Critical Infrastracture


  Refers to an asset or system essential to vital societal functions or delivery of essential public services with debilitating impact if incapacitated or destroyed
• Designated Person

  
  

  Individual, group, organization, or association designated as a terrorist, one who finances terrorism, or a terrorist organization or group
• Extraordinary Rendition

  Transfer of a person suspected of terrorism to a foreign nation for imprisonment and interrogation without formal charges, trial, or court approval
• International Organization

  Organization established by a treaty possessing international legal personality
• Material Support

  Includes property, services, financial instruments, training, advice, safehouses, weapons, personnel, transportation, etc.
• Proliferation of Weapons of Mass Destruction

  Transfer and export of chemical, biological, radiological, or nuclear weapons and related materials
• Proposal to Commit Terrorism


  Committed when a person who has decided to commit any of the crimes defined and penalized under the provisions of this Act proposes its execution to some other person or persons
• Recruit


  Any act to encourage other people to join a terrorist individual or organization, association or group of persons proscribed under this Act or designated by the United Nations Security Council as a terrorist organization
• Surveillance Activities


  The act of tracking down, following, or investigating individuals or organizations; or the tapping, listening, intercepting, and recording of messages, conversations, discussions, spoken or written words, including computer and network surveillance, and other communications of individuals engaged in terrorism
• Supranational Jurisdiction

  An international organization or union in which the power and influence of member states transcend national boundaries or interests to share in decision-making and vote on issues concerning the collective body, e.g., the European Union
• Training


  The giving of instruction or teaching designed to impart a specific skill in relation to terrorism as defined hereunder, as opposed to general knowledge
• Terrorist Individual


  Any natural person who commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act
• Terrorist Organization, Association or Group of Persons


  Any entity organized for the purpose of engaging in terrorism, or those proscribed under this Act or the United Nations Security Council-designated terrorist organization
• Weapons of Mass Destruction (WMD)

  Chemical, biological, radiological, or nuclear weapons capable of a high order of destruction or causing mass casualties, excluding the means of transporting or propelling the weapon if separable and divisible from the weapon
• Terrorism


  Committed by any person who, within or outside the Philippines, engages in acts intended to cause death or serious bodily injury, endangers a person's life, causes extensive damage or destruction to a government or public facility, interferes with critical infrastructure, develops, manufactures, possesses, acquires, transports, supplies, or uses weapons, explosives, or of biological, nuclear, radiological, or chemical weapons, releases dangerous substances, or causes fire, floods, or explosions with the purpose of intimidating the general public, creating fear, influencing the government or any international organization, destabilizing or destroying political, economic, or social structures, creating a public emergency, or undermining public safety
• Threat to Commit Terrorism

  Any person who threatens to commit any of the acts mentioned in Section 4 shall suffer the penalty of imprisonment of twelve (12) years
• Planning, Training, Preparing, and Facilitating the Commission of Terrorism


  Unlawful for any person to participate in the planning, training, preparation, and facilitation in the commission of terrorism, possessing objects connected with the preparation for the commission of terrorism, or collecting or making documents connected with the preparation of terrorism. Any person found guilty of the provisions of this Act shall suffer the penalty of life imprisonment without the benefit of parole
• Any person found guilty of the provisions of this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592
• Conspiracy to Commit Terrorism

  Any conspiracy to commit terrorism as defined and penalized under Section 4 of this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592
• Proposal to Commit Terrorism

  Any person who proposes to commit terrorism as defined in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years
• Inciting to Commit Terrorism


  Any person who, without taking any direct part in the commission of terrorism, shall incite others to the execution of any of the acts specified in Section 4 hereof by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end, shall suffer the penalty of imprisonment of twelve (12) years
• Recruitment to and Membership in a Terrorist Organization


  Any person who shall recruit another to participate in, join, commit or support terrorism or a terrorist individual or any terrorist organization, association or group of persons proscribed under Section 26 of this Act, or designated by the United Nations Security Council as a terrorist organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592
• Means of recruitment

  • Recruiting another person to serve in any capacity in or with an armed force in a foreign state
  • Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any capacity in or with such an armed force
  • Publishing an advertisement or propaganda containing any information relating to the place at which or the manner in which persons may make applications to serve or obtain information relating to service in any capacity in or with such armed force or relating to the manner in which persons may travel to a foreign state for the purpose of serving in any capacity in or with such armed force
  • Performing any other act with the intention of facilitating or promoting the recruitment of persons to serve in any capacity in or with such armed force
• Any person who shall voluntarily and knowingly join any organization, association or group of persons knowing that such organization, association or group of persons is proscribed under Section 26 of this Act, or designated by the United Nations Security Council as a terrorist organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of imprisonment of twelve (12) years
• Acts that are unlawful

  • Traveling or attempting to travel to a state other than one's state of residence or nationality for the purpose of perpetrating, planning, or preparing for, or participating in terrorism, or providing or receiving terrorist training
  • Organizing or facilitating the travel of individuals who travel to a state other than their states of residence or nationality knowing that such travel is for the purpose of perpetrating, planning, training, or preparing for, or participating in terrorism or providing or receiving terrorist training
  • Residing abroad and coming to the Philippines to participate in perpetrating, planning, training, or preparing for, or participating in terrorism or provide support for or facilitate or receive terrorist training here or abroad
• Providing Material Support to Terrorists

  Any person who provides material support to any terrorist individual
• Participating in perpetrating, planning, training, or preparing for, or participating in terrorism or providing support for or facilitating or receiving terrorist training here or abroad is prohibited
• Providing Material Support to Terrorists


  Any person who provides material support to any terrorist individual or terrorist organization committing acts punishable under Section 4, knowing that such individual or organization is committing or planning to commit such acts, shall be liable as principal to any and all terrorist activities committed by said individuals or organizations, in addition to other criminal liabilities
• Accessory

  Any person who, having knowledge of the commission of any crimes defined and penalized under Section 4 of this Act, without having participated therein, takes part subsequent to its commission in various ways, shall be liable as an accessory and shall suffer the penalty of imprisonment of twelve (12) years
• No person, regardless of relationship or affinity, shall be exempt from liability under the accessory section
• It is unlawful to remove, delete, expunge, incinerate, shred, or destroy the intercepted and recorded communications under any pretext whatsoever
• Imprisonment of ten (10) years is the penalty for anyone who removes, deletes, expunges, incinerates, shreds, or destroys the intercepted and recorded communications
• Pursuant to obligations under United Nations Security Council Resolution (UNSCR) No. 1373, the ATC shall automatically adopt the United Nations Security Council Consolidated List of designated individuals, groups of persons, organizations, or associations designated and/or identified as a terrorist, one who finances terrorism, or a terrorist organization or group. Request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC after determination that the proposed designee meets the criteria for designation of UNSCR No. 1373. The ATC may designate an individual, group of persons, organization, or association, whether domestic or foreign, upon a finding of probable cause that the individual, group of persons, organization, or association commit, or attempt to commit, or conspire in the commission of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act. The assets of the designated individual, group of persons, organization or association above-mentioned shall be subject to the authority of the Anti-Money Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No. 10168. The designation shall be without prejudice to the proscription of terrorist organizations, associations, or groups of persons under Section 26 of this Act
• Rights of a Detainee

  1. Detainee must be provided with legal assistance

  2. Rights cannot be waived except in writing and in the presence of counsel

  3. Informed of the cause of detention in the presence of legal counsel

  4. Allowed to communicate freely with legal counsel and confer with them at any time

  5. Allowed to communicate freely and privately with family or nearest relatives and to be visited by them

  6. Allowed freely to avail of the service of a physician or physicians of choice
• If the violator is not identified, the penalty shall be imposed on the head of the law enforcement unit or military unit having custody of the detainee at the time of the violation
• The use of torture and other cruel, inhumane and degrading treatment or punishment during the investigation or interrogation of a detained suspected terrorist is absolutely prohibited
• Any evidence obtained from a detained person resulting from such treatment shall be penalized under the "Anti-Torture Act of 2009"