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Q. HOW DOES THE HSA DEFINE THE

CRIME OF TERRORISM?SEC 3. Terrorism - Any person who commits an actpunishable under any of the following provisions of the

Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the

High Seas or in the Philippine Waters);

2. Article 134 (Rebellion or Insurrection);

3. Article 134-a (Coup d Etat), including acts

committed by private persons;

4. Article 248 (Murder);

5. Article 267 (Kidnapping and Serious Illegal

Detention);

6. Article 324 (Crimes Involving Destruction)

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Q. HOW DOES THE HSA DEFINE THE

CRIME OF TERRORISM?or under1. Presidential Decree No. 1613(The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and

Hazardous and Nuclear Waste Control Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and

Liability Act of 1968);

4. Republic Act No. 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-piracy and Anti-

highway Robbery Law of 1974);and,6. Presidential Decree No. 1866, as amended (Decree

Codifying the Laws on Illegal and Unlawful Possession,

Manufacture, Dealing in, Acquisition or Disposition of

Firearms, Ammunitions or Explosives)

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thereby sowing and creating a condition

of widespread and extraordinary fearand panic among the populace, in order

to coerce the government to give in to an

unlawful demand shall be guilty of the

crime of terrorism and shall suffer thepenalty of forty (40) years of

imprisonment, without the benefit of

parole as provided for under Act No.4103, otherwise known as the

Indeterminate Sentence Law, as

amended.

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For the crime of terrorism to be committed,

therefore, four elements are essential:

1. The commission of one or more ofthe crimes specified in Section 3

above;

2. That sows and creates a conditionof widespread and extraordinary

fear and panic among the populace,

3. For the purpose of coercing thegovernment,

4. To give in to an unlawful demand.

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CONSPIRACY TO COMMIT TERRORISM

Section 4 provides that a conspiracyto commit terrorism is committed

when two or more persons come to an

agreement concerning the commission ofthe crime of terrorism as defined in

Section 3 hereof and decide to commit

the same.

Further includes accomplices under sec 5

of this law and sec 6 for accessories.

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Any person who, not being a principal under

Article 17 of the Revised Penal Code or a

conspirator as defined in Section 4 hereof,

cooperates in the execution of either thecrime of terrorism or conspiracy to commit

terrorism by previous or simultaneous acts

shall suffer the penalty of from seventeen

(17) years, four (4) months one day to twenty

Section 5ACCOMPLICE

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Notwithstanding the above paragraph,

the penalties prescribed for

accessories shall not be imposed uponthose who are such with respect to

their spouses, ascendants,

descendants, legitimate, natural, andadopted brothers and sisters, or

relatives by affinity within the same

degrees, with the single exception ofaccessories falling within the provisions

of subparagraph (a).

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Q. DOES THE HSA PROVIDE FORTHE OUTLAWING OF TERRORIST

ORGANIZATIONS?

YES. SECTION 17 PROVIDES THAT ANORGANIZATION, ASSOCIATION OR GROUP OF

PERSONS THAT IS ORGANIZED FOR THE

PURPOSE OF ENGAGING IN TERRORISM, OR,

ALTHOUGH NOT SO ORGANIZED, ACTUALLYENGAGES IN ACTS OF TERRORISM, MAY BE

OUTLAWED OR PROSCRIBED AS A TERRORIST

ORGANIZATION.

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SEC. 7. Surveil lance of Suspects and

I nterception and Recording of Communications

A. SECTION 7 OF THIS ACTALLOWS, IFAUTHORIZEDBY THE

AUTHORIZING DIVISION OF THE COURT OF APPEALS. THE

HSA EXPANDS THE STATES RIGHT TO CONDUCT

SURVEILLANCEAGAINST ORGANIZATIONS CATEGORIZED

AS TERRORISTOR ON SUSPECTED TERRORISTS.

INCLUDING THOSE SUSPECTED OF AIDING OR

SUPPORTING SUSPECTED TERRORISTS MAY BE PLACED

UNDER SURVEILLANCE BY THE POLICE BY WIRETAPPING

THEIR PRIVATE COMMUNICATIONS.

1. ALLOWS SURVEILLANCE, INTERCEPTION ANDRECORDING OF COMMUNICATIONS

2. USE OFANY MODE, FORM, KIND OR TYPE OF

ELECTRONIC OR OTHER SURVEILLANCE EQUIPMENT

3. A PERIOD OF THIRTY (30) DAYS, RENEWABLE FOR

ANOTHER THIRTY (30) DAYS, UPON A WRITTEN ORDEROF THE COURT OF APPEALS.

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PROVIDED, surveillance, interception and

recording of communications of the

following shall not be authorized

1. lawyers and clients,

2. doctors and patients,3. journalists and their sources and

4. confidential business

correspondence

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SEC 9. CLASSIFICATION AND CONTENTSOF THE ORDER OF THE COURT

Shall specify the ff:

(a) the identity, such as name and address, if known, of the

charged or suspected person whose communications,

messages, conversations, discussions, or spoken or written

words are to be tracked down, tapped, listened to, intercepted,and recorded tapped, listened to, intercepted, and recorded

and their locations or if the person suspected of the crime of

terrorism or conspiracy to commit terrorism is not fully known,

such person shall be subject to continuous surveillance

provided there is a reasonable ground to do so;(b) the identity (name, address, and the police or law enforcement

organization) of the police or of the law enforcement official,

including the individual identity (names, addresses, and the

police or law enforcement organization) of the members of his

team, judicially authorized to do the surveillance and,

(c) the length of time within which the authorization shall be used

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SEC. 11. Custody of Intercepted and

Recorded CommunicationsAll tapes, discs, and recordings made pursuant to the

authorization of the authorizing division of the Court of

Appeals shall:

within forty-eight (48) hoursafter the expiration of the period

fixed in the written order of the authorizing division of the Court

of Appeals be deposited with the authorizing Division of the

Court of Appeals in a sealed envelope or sealed package, as

the case may be, and

shall be accompanied by ajoint affidavit of the applicant police

or law enforcement official and the members of his team.

Any person who removes, deletes, expunges incinerates, shreds

or destroys the items enumerated above shall suffer a penalty of

not less than six (6) years and one day to twelve (12) years ofim risonment

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Sec 12. Contents of Joint Affidavit to

accompany recordsThe law enforcement official and the individual members of his

team shall state the following:

(a) the number of tapes, discs, and recordings that have been

made, as well as the number of excerpts and summaries

thereof and the number of written notes and memoranda, ifany, made in connection therewith;

(b) the dates and times covered by each of such tapes, discs,

and recordings;

(c) the number of tapes, discs, and recordings, as well as the

number of excerpts and summaries thereof and the number

of written notes and memoranda made in connectiontherewith that have been included in the deposit; and

(d) the date of the original written authorization granted by the

Anti-Terrorism Council to the applicant to file the ex parte

application to conduct the tracking down, tapping,

intercepting, and recording, as well as the date of renewalranted as the case ma be

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WHILE THE HSA STATES THAT IT UPHOLDS THERIGHT TO BE INFORMED OF THE ACTS DONE BYLAW ENFORCEMENT AUTHORITIES, THESUBJECT OF SURVEILLANCE OR WIRETAPPING

WILL ONLY BE INFORMED OF THESURVEILLANCE OR WIRETAPPING IF NO CASE ISFILED AGAINST HIM OR HER.

NOTE:

IF THE POLICE OFFICER OR APPLICANT FAILS TONOTIFY THE SUBJECT OF SURVEILLANCE ORWIRETAPPING IN WRITING WITHIN 30 DAYS FROMTHE EXPIRATION OF THE PERATION, HE OR SHESHALL BE PUNISHED WITH IMPRISONMENT OF

BETWEEN 10 YEARS AND 1 DAY TO 12 YEARS.

Q. WILL THE SUBJECT OF

SURVEILLANCE OR WIRETAPPING BE

INFORMED ABOUT IT?

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Sec 13 Disposition of Deposited MaterialsThe sealed envelope or sealed package and the contents thereof, which are

deposited with the authorizing division of the Court of Appeals, shall be

deemed and are hereby declared classified information,and the sealed

envelope or sealed package shall not be opened and its contents

Sec 14. Application to Open Deposited PackageWritten application with notice to party concerned shall be applied only uponshowing that the DOJ has been duly authorized in writing by Anti-Terrorism councilto file application to open, reveal, divulge and use contents as evidence. Shall state

purpose or reason:

(a) for opening the sealed envelope or sealed package;

(b) for revealing or disclosing its classified contents;

(c) for replaying, divulging, and or reading any of the listened to, intercepted, and

recorded communications, messages, conversations, discussions, or spoken orwritten

(d) for using any of said listened to ,intercepted, and recorded communications,messages, conversations, discussions, or spoken or written words (including anyof the excerpts and summaries thereof and any of the notes or memoranda made inconnection therewith) as evidence.

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SEC 15. Evidentiary Value of Deposited Materials.

Any police or law enforcement personnel who, not being authorized to do so,

tracks down, taps, listens to, intercepts, and records in whatever manner or form

any communication of a person charged with or suspected of the crime ofterrorism or the crime of conspiracy to commit terrorism shall be guilty of an

offense and shall suffer the penalty of ten (10) years and one day to twelve (12)

years of imprisonment plus accessory penalty of perpetual absolute

disqualification

SEC 16. Penalty for Unauthorized or maliciousInterceptions and/or Recordings

Any listened to, intercepted, and recorded communications, messages,

conversations, discussions, or spoken or written words, or any part or partsthereof, or any information or fact contained therein, shall absolutely notbe

admissible and usable as evidence against anybody in any judicial, quasi-

judicial, legislative, or administrative investigation, inquiry, proceeding, or

hearing.

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Q. WHAT PROCEDURE MUST LAW ENFORCERS

FOLLOW BEFORE DETAINING A PERSON THEY HAVE

ARRESTED WITHOUT WARRANT UNDER THE HSA?

Section 18 allows warrantless arrests. The suspect however, must

delivered to the proper judicial authority within the three (3) day period.

No criminal liability will be incurred for delay in the delivery of detainedpersons to the proper judicial authorities, provided that the it must be the

result of the surveillance under section 7 and examination of bank

deposits under section 27 of the act.

The second paragraph of Section 18provides that the law enforcers

must,before detaining arrested persons, present them before a judge at

the latters residence or office nearest the place of arrest, at any time of the

day or night.

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The JUDGE must:

1. ASCERTAIN THE IDENTITY OF THE ARRESTING OFFICER;2. ASCERTAIN THE IDENTITY OF THE ARRESTED PERSON;

3. INQUIREINTO THE REASONS FOR THE ARREST

4. DETERMINE, BY QUESTIONING AND PERSONAL

OBSERVATION, WHETHER THE ARRESTED PERSON WAS

SUBJECTED TO ANY PHYSICAL, MORAL ORPSYCHOLOGICAL TORTURE, BY WHOM, AND WHY; AND

5. WITHIN THREE CALENDAR DAYS FROM THE TIME THE

ARRESTED PERSON WAS BROUGHT BEFORE HIM OR HER,

SUBMIT A REPORT TO THE COURT WITH JURISDICTION

OVER THE ARRESTED PERSON, STATING IN DETAIL WHATHE OR SHE OBSERVED WHEN THE ARRESTED PERSON WAS

BROUGHT TO HIM OR HER.

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Section 19 provides that:IN THE EVENT OF AN ACTUAL OR IMMINENT

TERRORIST ATTACK, PERSONS SUSPECTED OFTERRORISM MAY BE ARRESTED AND DETAINED

WITHOUT CHARGES FOR AS LONG AS THE DETENTION

IS APPROVEDBY A JUDGE OF THE MUNICIPAL OR

REGIONAL TRIAL COURT, THE SANDIGANBAYAN OR A

JUSTICE OF THE COURT OF APPEALS NEAREST THE

PLACE OF THE ARREST OR BY A MUNICIPAL, CITY,

PROVINCIAL OR REGIONAL OFFICE OF A HUMAN RIGHTS

COMMISSION.

SECTION 20 PROVIDES THAT FAILURE TO DELIVERSUSPECT TO THE PROPER JUDICIAL AUTHORITIES

WITHIN 3 DAYS SHALL SUFFER 10 YEARS AND 1

DAY TO 12 YEARS OF IMPRISONMENT.

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Under Section 24, persons under investigation for thecrime of terrorism or conspiracy to commit terrorism havethe right to be free from torture, threat, intimidation,coercion or any act that inflicts physical pain or tormentor mental, moral or psychological pressure that vitiatesfree will; any evidence obtained as a result thereof is notadmissible in any judicial, quasi-judicial, legislative oradministrative investigation or proceeding.

NOTE:penalty for those who commit torture or any ofthe other acts mentioned above is imprisonment of between12 years and 1 day to 20 years. (law enforcer)

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Q CAN GOVERNMENT EXAMINE BANK DEPOSITS ANDFINANCES, AND SEIZE, SEQUESTER OR FREEZE ASSETS OF

PERSONS SUSPECTED OR CHARGED UNDER THE HSA?

Yes. Under Section 27, bank deposits and finances may beexamined if judicially authorized. Under Section 39, assetsof:

(1) any person suspected of or charged with terrorism orconspiracy to commit terrorism before a competent regionaltrial court,

(2) a judicially declared terrorist organization, and;

(3) members of a judicially declared terrorist organizationshall be seized, sequestered and frozen in order to preventtheir use, transfer or conveyance for purposes that are inimicalto the safety and security of the people or injurious to theinterest of the State.

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SEC 29. Classification and Contents of theCourt Order Authorizing the Examination of

Bank Deposits, Accounts, and Records.

shall be deemed and are hereby declared as classified

information: Provided, That the person whose bank

deposits, placements, trust accounts, assets, and records

have been examined, frozen, sequestered and seized by

law enforcement authorities has the right to be informed

of the acts done by the law enforcement authorities in the

premises or to challenge, if he or she intends to do so, thelegality of the interference.

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Q. WILL THE SUBJECT OF THE EXAMINATION

BE INFORMED THAT IT IS BEING DONE?

Persons whose bank deposits and finances are being

examined will only be informed about it if no case is filed

against him or her after the period of examination.

NOTE: If the applicant fails to notify the subject of the

examination in writing within 30 days from the expiration of

the examination, he or she shall be punishable by

imprisonment of between 10 years and 1 day to 12 years.

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Further, under Sec 32 of this Act provides that thejoint affidavit shall state:

(a) the identifying marks, numbers, or symbols of thedeposits, placements, trust accounts, assets, and recordsexamined;

(b) the identity and address of the bank or financialinstitution where such deposits, placements, trust accounts,assets, and records are held and maintained;

(c) the number of bank deposits, placements, trust accounts,assets, and records discovered, examined, and frozen;

(d) the outstanding balances of each of such deposits,placements, trust accounts, assets;

(e) all information, data, excerpts, summaries, notes,

memoranda, working sheets, reports, documents, recordsexamined and placed in the sealed envelope or sealedpackage deposited with the authorizing division of theCourt of Appeals;

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(f) the date of the original written authorization granted bythe Anti-Terrorism Council to the applicant to file the ex

parte application to conduct the examination of the saidbank deposits, placements, trust accounts, assets andrecords, as well as the date of any extension or renewal ofthe original written authorization granted by the authorizingdivision of the Court of Appeals; and

(g) that the items enumerated were all that were found in the

bank or financial institution examined at the time of thecompletion of the examination.

That no dupl icates or copies of the information, data,excerpts, summaries, notes, memoranda, working sheets,

reports, and documents or, if made, that all such duplicatesand copies are placed in the sealed envelope or sealedpackage deposited with the author izing division of the Cour tof Appeals.

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Sec 33. Disposition of BANK Materials

The sealed envelope or sealed package and the contents thereof, which are

deposited with the authorizing division of the Court of Appeals, shall bedeemed and are hereby declared classified information, and the sealed

envelope or sealed package shall not be opened and its contents

Sec 34. Application to Open Deposited Bank Materials

The written application, with notice in writing to the party concerned

not later than three (3) days of the scheduled opening, to open the

sealed envelope or sealed package shall clearly state the purpose and

reason:

(a) for opening the sealed envelope or sealed package;

(b) for revealing and disclosing its classified contents; and,

(c) for using the classified information, data, excerpts, summaries, notes,

memoranda, working sheets, reports, and documents as evidence.

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Sec 35. Evidentiary Value of BANK Materials

Any information, data, excerpts, summaries, notes, memoranda,work sheets, reports, or documents acquired from the examination of

the bank deposits, placements, trust accounts, assets and records of:

(1) a person charged or suspected of the crime of terrorism or the crime of

conspiracy to commit terrorism,

(2) a judicially declared and outlawed terrorist organization, association, or

group of persons, or

(3) a member of such organization, association, or group of persons, which

have been secured in violation of the provisions of this Act,

shall absolutely not be admissible and usable as evidence againstanybody in any judicial, quasi-judicial, legislative, or administrative

investigation, inquiry, proceeding, or hearing.

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Sec 39. Seizure & Sequestration

The deposits and their outstanding balances, trust accounts, assets, andrecords in any bank or financial institution, moneys, businesses,

transportation and communication equipment, supplies and other

implements, and property of whatever kind shal l be seized, sequestered,

and frozen in order to prevent their use, transfer, or conveyance for

purposes that are inimical to the safety and secur ity of the people orinjur ious to the interest of the State.

The accused or a person suspected of may withdraw such sums as may be

reasonably needed by the monthly needs of his family including the

services of his or her counsel and his or her family, medical needs upon

approval of the court. He or she may also use any of his property that is under seizure or

sequestration or frozen because of his or her indictment as a terrorist

upon permission of the court for any legitimate reason.

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SEC. 40. Nature of Seized, Sequestered and Frozen

Bank Deposits, Placements, Trust Accounts,

Assets and Records.

shall be deemed as property held in trustby the bank or

financial institution for such person and the government

during the pendency of the investigation or trial, as thecase may be and their use or disposition while the case is

pending shall be subject to the approval of the court

before which the case or cases are pending.

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SEC 41. Disposition of the Seized, Sequesteredand Frozen Bank Deposits, Placements, Trust

Accounts, Assets and Record.

If the person suspected of or charged with the crime of terrorism or

conspiracy to commit terrorism is found, after his investigation, to be

innocent by the investigating body, or is acquitted, after hisarraignment or his case is dismissed before his arraignment by a

competent court, the seizure, sequestration and freezing of his bank

deposits shall be deemed released from such seizure, sequestration and

freezing, and shall be restored to him without any delay by the bank or

financial institution concerned without any further action on his part. The filing of any appeal on motion for reconsideration shall not state

the release of said funds from seizure, sequestration and freezing.

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If the person charged with the crime of terrorism orconspiracy to commit terrorism is convictedby a final

judgment of a competent trial court, his seized,sequestered and frozen bank deposits, placements, trustaccounts, assets and records shall be automaticallyforfeited in favor of the government.

Upon his or her acquittal or the dismissal of the chargesagainst him or her, the amount of Five HundredThousand Pesos (P500,000.00) a day for the period inwhich his properties, assets or funds were seized shall be

paid to him on the concept of liquidated damages. The

amount shall be taken from the appropriations of thepolice or law enforcement agency that caused the filing ofthe enumerated charges against him or her.

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Q. DOES THE HSA PENALIZE LAW ENFORCERS AND

GOVERNMENT OFFICIALS WHO MISUSE THE LAW?Yes. Section 50 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.

The amount of damages shall be automatically charged against the

appropriations of the police agency or the Anti-Terrorism Council that

brought or sanctioned the filing of the charges against the accused. The

payment of damages must be released within 15 days from the date of the

acquittal.

In addition, the award of damages shall be without prejudice to the

filing of criminal or administrative charges against those responsible forthe unproven charge.

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Q. IS THE ACQUITTAL OF THE ACCUSED OR THE DISMISSAL OF THE CASE

BE A BAR TO ANOTHER PROSECUTION FOR ANY OFFENSE OR FELONY

WHICH IS NECESSARILY INCLUDED IN THE OFFENSE CHARGED?

Under Section 49 of RA 9372, the acquittal of the accused or the dismissal of the case

shall be a bar to another prosecution for any offense or felony which is necessarily

included in the offense charged. In other words, a person acquitted or whose case in

court is dismissed cannot be charged again for a crime, such as murder, necessarily

included in the charge.

This does not, however, prevent the court from convicting the accused for acrime necessarily included in the charge of terrorism, such as murder. This is provided in

Section 4, Rule 120 of the Revised Rules of Criminal Procedure, which reads:

SEC. 4. Judgment in case of variance between al legation and proof.When there

is variance between the offense charged in the complaint or information and that

proved, and the offense as charged is included in or necessarily includes the offense

proved, the accused shall be convicted of the offense proved which is included in theoffense charged, or of the offense charged which is included in that which is proved.

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SEC. 52. Applicabil i ty of the Revised Penal Code.

The provisions of Book I of the Revised Penal Code shallbe applicable to this Act.

SEC. 53. Anti -Terrorism Council.

The members of the Council are:

(1) the Executive Secretary, who shall be its chairperson;

(2) the Secretary of Justice, who shall be its Vice Chairperson;and

(3) the Secretary of Foreign Affairs;

(4) the Secretary of National Defense;

(5) the Secretary of the Interior and Local Government;(6) the Secretary of Finance; and

(7) the National Security Advisor, as its other members.