FOR today’s article, I decided to write about SB 1083 or the Anti-Terrorism Act of 2020. The first part discusses a summary of the bill while the second part is my opinion of the bill.
Last February 26, 2020, the Philippine Senate approved Senate Bill No. 1083 which will repeal the Human Security Act of 2007, with a vote of 19-2 on the bill’s final reading.
The Senate press release stated, “The proposed Anti-Terrorism Act of 2020 would provide a strong legal backbone to support the country’s criminal justice response to terrorism, provide the law enforcers the much-needed tools to protect the people from the threat of terrorism and, at the same time, safeguard the rights of those accused of the crime.”
The bill seeks “to make the definition of terrorist acts concise, clear, and adherent with regional and international standards. It propose to do away with the element of ‘motive’ and define terrorist acts to cover the following unlawful Acts, in or outside the Philippines, regardless of its stage of execution:
1. Attacks that cause death or serious bodily injury to any person, or endangers a person’s life;
2. Attacks that cause extensive damage or destruction to a government or public facility, critical infrastructure, public place or private property likely to endanger human life or result in major economic loss;
3. Manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of biological or chemical weapons, as well as research into and development of biological and chemical weapons;
4. Release of dangerous substances, or causing fires, floods or explosions the effect of which is to endanger human life; and
5. Threat to commit any of the above-mentioned acts.
Moreover, the new bill provides for the following:
1. A new section on foreign terrorist fighters to cover Filipino nationals who commit terrorist offenses abroad.
2. Provisions imposing life imprisonment without parole on those who will propose, incite, conspire, and participate in the planning, training, preparation, and facilitation of a terrorist act; as well as those who will provide material support to terrorists, and recruit anyone to be a member of a terrorist organization.
3. Any person who shall threaten to commit terrorism shall suffer the penalty of 12 years. The same jail term will be meted against those who will propose any terroristic acts or incite others to commit terrorism.
4. Any person who shall voluntarily and knowingly join any organization, association or group of persons knowing that such is a terrorist organization, shall suffer imprisonment of 12 years. The same penalty shall be imposed on any person found liable as an accessory in the commission of terrorism.
5. The measure not only establishes Philippine jurisdiction over Filipino nationals who may join and fight with terrorist organizations outside the Philippines but also ensures that foreign terrorists do not use the country as a transit point, a safe haven to plan and train new recruits for terrorist attacks in other countries.
6. The bill removed the provision on payment of P500,000 damages per day of detention of any person acquitted of terrorism charges. But the number of days a suspected person can be detained without a warrant of arrest is 14 calendar days, extendable by ten days.
7. A new provision, designating certain Regional Trial Courts (RTCs) as Anti-Terror Courts, was also introduced to ensure the speedy disposition of cases.
8. Also, the use of videoconferencing for the accused and witnesses to remotely appear and testify will be allowed under the measure.
9. The amendments also provide for the police or the military to conduct 60-day surveillance on suspected terrorists, which may be lengthened to another non-extendable period of 30 days, provided that they secure a judicial authorization from the Court of Appeals (CA).
10. Any law enforcement or military personnel found to have violated the rights of the accused persons shall be penalized with imprisonment of ten years, the senator said.
11. To allay concerns of possible excesses by the authorities, the Commission on Human Rights (CHR) shall be notified in case of detention of a suspected terrorist.
12. The measure also mandates the CHR to give the highest priority to the investigation and prosecution of violations of civil and political rights of persons and shall have the concurrent jurisdiction to prosecute public officials, law enforcers and other persons who may have violated the civil and political rights of suspects and detained persons.