Ganap nang batas ang Anti-Terrorism Bill na ngayon ay tatawaging Anti-Terrorism Act of 2020, matapos itong lagdaan ng Pangulong Rodrigo Duterte.
Una itong naipasa ng Kamara at Senado bago pa man ang sine die adjournment.
Dahil sa bigat ng mga isyu, nagkonsulta pa si Pangulong Duterte sa Department of Justice (DoJ) at maging sa Integrated Bar of the Philippines (IBP).
Sinabi ni Presidential Spokesman Harry Roque, bagama’t tiwala ang Malacanang na nabusisi ito ng Kongreso, mahalaga ring marinig ang opinyon ng iba’t-ibang grupo.
Sa naging mensahe ng Palasyo, sinabi ni Roque na mas magiging ligtas at payapa ang bansa dahil sa pagpapatupad ng Republic Act No. 11479.
“We confirm that President Rodrigo Roa Duterte signed into law Republic Act No. 11479, or the Anti-Terrorism Act of 2020, today, 3 July 2020. As we have said, the President, together with his Legal Team, took time to study this piece of legislation weighing the concerns of different stakeholders. Terrorism, as we often said, strikes anytime and anywhere. It is a crime against the people and humanity; thus, the fight against terrorism requires a comprehensive approach to contain terrorist threat. The signing of the aforesaid law demonstrates our serious commitment to stamp out terrorism, which has long plagued the country and has caused unimaginable grief and horror to many of our people. Together, let us defeat terrorism and make our communities safe and secure under the rule of law,” wika ni Roque.
Ilan sa mga naging kontrobersyal na bahagi ng batas ang mga sumusunod:
AKTIBIDAD NG MGA TERORISTA:
SEC. 4 Terrorism Subject to Section 49 of the Act terrorism is committed by any person who within or outside the Philippines, regardless of the stage of execution
(a) Engages in acts intended to cause death or serious bodily injury to any person or endangers a person’s life
(b) Engages in acts intended to cause extensive damage or destruction to a government or public faclity, public place of private property
(c) Engages in acts intended to cause extensive interference with damage or destruction to critical infrastructure:
(d) Develops, manufactures possesses acquires, transports, supplies or uses weapons, explosives or of biological nuclear, radiological or chemical weapons, and
(e) Release of dangerous substances, or causing fire, floods or explosions when the purpose of such act, by its nature and context is to intimidate the general public of a segment thereof, create an atmosphere a spread a message of fear to provoke or influence by Intimidation the government or any international organization or seriously destabilize or destroy the fundamental political economy, of social structures of the country, or create a public emergency or seriously undermine public safety, shall be guilty of committing terrorism and shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592, otherwise known as “An Act Amending Articles 29949798 and 99 of Act No. 3815, as amended otherwise known as the Revised Penal Code Provided. That terrorism as defined in the Section shall not include advocacy protest dissent stoppage of work industrial or mass action and other similar exercises of civil and political rights which are not intended to cause death of serious physical harm to a person to endanger a person’s ife, or to create a serious rsk to public safety.
SEC. 5 Threat o Commit Terrorism -Any person who shall threaten to commit any of the acts mentioned in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.
ANG ISASAGAWANG SURVEILLANCE:
SEC 16. Surveillance of suspects and interception and Recording of Communications.
The provisions of Republic Act No 4200 otherwise known as the “Anti-Wire Tapping Law’ to the contrary notwithstanding a law enforcement agent or military personnel may upon a written order of the Court of Appeals Secretly wiretap overhear and listen to, intercept, screen, read, surveil, record or collect with the use of any mode. form. kind or type of electronic, mechanical or other equipment o device or technology now known or may hereafter be known to science or with the use of any other suitable ways and means for the above purposes any private communications, conversation, discussions data information, messages in whatever form and of nature, spoken or written words (a) between members of a judicially declared and outlawed terrorist organization, as provided in Section 26 of this Act (b) between members of a designated person as defined in Section 3(E) of Republic Act No. 10 168 (c) any person charged with or suspected of committing any of the crimes defined and penalized under the provisions of this Act Provided That, surveillance interception and recording of communications between lawyers and clients doctors and patients journalists and their sources and confidential business correspondence shall not be authorized.
The law enforcement agent or military personnel shall likewise be obligated to (1) file an ex-parte application with the Court of Appeals for the issuance of an order, to compel telecommunications service providers (TSP) and internet service providers (ISP) to provide a customer information and identification records as well as call and text data records content and other cellular or internet metadata of any person suspected of any of the crimes defined and penalized under the provisions of this Act and (2) furnish the Nationa Telecommunications Commission (NTC) a copy of said application.
The NTC shall likewise be notified upon the issuance of the order for the purpose of ensuring immediate compliance.
ANG TINUTUKOY NA TERORISTA:
SEC 25 Designation of Terrorist individual Groups of Persons. Organizations or Associations – Pursuant to our obligations under United Nations Security Council Resolution (UNSCR NA 1373, the ACT shall automatically adopt the United Nations Security Council Consolidated Lat of designated individuals, group 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, groups of persons, organization, or association whether domestic or foreign upon a finding of probable cause that the individual groups of persons, organization, or association commit, or attempt to commit, or conspire in the commission of the acts defined and penalized under Sections 45678910 11 and 12 of this Act.
The assets of the designated individual groups of persons, organization or association above-mentioned shall be subject to the authority of the Ant-Money Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No 10188.
The designation shall be without prejudice to the proscription of terrorist organizations associations, or groups of persons under Section 26 of this Act.
PAG-ARESTO:
SEC 29, Detention without Judicial Warrant of Arrest – The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding any law enforcement agent or military personnel who having been duly authorized in writing by the ATC has taken custody of a person suspected of committing any of the acts defined and penalized under Sections 4, 5 6, 7891011 and 12 of this Act shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities delver 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 7 may be extended to a maximum period of ten co calendar days ifIs established that further detention of the person is necessary to preserve evidence related to terrorism or complete the investigation (2) further detention of the person/ necessary to prevent the commission of another terrorism and (3) the investigation is being conducted properly and without delay.
Immediately after taking custody of a person suspected of committing terrorism or any member of a group of persons, organization or association proscribed under Section 25 hereof, the law enforcement agent or military personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts (a) the time, date and manner of arrest (b) the location or locations of the detained suspects and (c) the physical and mental condition of the detained suspect/s The law enforcement agent o military personnel shall likewise furnish the ATC and the Commission on Human Rights (CHR) of the written notice given to the judge.
The head of the detention facility shall ensure that the detained suspect is informed of his/her rights as a detainee and shall ensure access to the detainee by he/her counsel or agencies and entities authorized by law b exercise visitorial powers over detention facilities.
The penalty of imprisonment often (1 you shall be imposed upon the police or law enforcement agent or military person who is to notify any judge as provided in the preceding paragraph.