Learn more about the Anti-Terror Act of 2020 here.

Anti-Terrorism Council (Sec.45 ) (Rule III)

The ATC shall assume the responsibility for the proper and effective implementation of the state policies against terrorism.

It shall formulate and adopt plans, programs, and measures to eradicate commission of terrorism in the country

Composition of the Anti-Terrorism Council (RULE 3.2)

Executive Secretary, Chairperson

National Security Adviser, V-Chairperson

DFA Secretary

DND Secretary

DILG Secretary

DOF Secretary

DOJ Secretary

DICT Secretary

AMLC Secretariat

Extra-territorial Application

1. Within Philippine territory

2. Outside of Philippine territory

• Filipino citizen who commits any of the proscribed acts outside the territorial jurisdiction of the Philippines
• Individual persons who commit any of the proscribed acts:
• inside the territorial limits of the Philippines
• onboard Philippine ship or Philippine airship
• within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity
• against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime
• commit the proscribed acts directly against the Philippine government.

What is terrorism? (Sec. 4, ATA) (Rule 4.3)

Elements of Terrorism

• cause death or serious bodily injury to any person, or endangers a person’s life
• cause extensive damage or destruction to a government or public facility, public place, or private property
• cause extensive interference with, damage, or destruction to critical infrastructure
• Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological, or chemical weapons
• Release of dangerous substances, or causing fire, floods, or explosion

Purpose of Terrorism

• Intimidate the public
• Create an atmosphere or spread a message of fear
• Provoke or intimidate the government or any international organization
• Seriously destabilize or destroy the fundamental, political, economic, or social structures of the country
• create a public emergency or undermine public safety

When an act is not terrorism

Acts listed must not be intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety

• Advocacy
• Protest
• Dissent
• Stoppage of work
• Industrial or mass
• action
• Creative, artistic,
• and cultural expression
• Other similar
• exercises of civil and political rights

Threat to commit terrorism (Sec.5) (Rule 4.5)

There is a threat to commit terrorism when an intent to commit terrorism as defined in Section 4 of the Act is communicated by any means to another person or entity under circumstances that indicate the credibility of the threat.

Any person found guilty shall be imprisoned for 12 years.

Planning, training, preparing and facilitating the commission of terrorism (Sec. 6)(Rule 4.6)

It is illegal to do any of the ff:

• Participate in the planning, training, preparation, and facilitation of the commission of terrorism
• possess objects with knowledge or intent that these are to be used in the preparation for terrorism
• collect or make documents with knowledge or intent that these are to be used in the preparation for terrorism

Any person found guilty shall be imprisoned without the benefit of parole and the benefits of Republic Act of No. 10592

Conspiracy to commit terrorism (Sec. 7)(Rule 4.7)

There is a conspiracy to commit terrorism when 2 or more persons come to an agreement concerning the commission of terrorism as defined in section 4 of the act and decide to commit the same.

Any person found guilty shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act. o. 10592

Inciting to commit terrorism (Sec. 9)(Rule 4.9)

Without taking any direct part in the commission of terrorism, he/she incites others to do any of the acts of terrorism by means of speeches, proclamations, writings, emblems, banners, or other

representations tending to the same end.

Reasonable probability of inciting is determined by the following:

• Context

• Speaker/actor

• Intent

• Content and form

• Extent of the speech or act

• Causation

• The penalty is imprisonment of 12 years.

Recruitment to and membership in a terrorist organization (Sec. 10)(Rule 4.10)

Any person who shall recruit another to participate in, join, commit or support, terrorism, a terrorist individual, any terrorist organization, association or group of persons shall suffer the penalty of life imprisonment without the benefit of parole (RA 10592)

Providing Material Support to Terrorists and Humanitarian Exemptions (Sec.13)(Rule4.14)

Humanitarian activities undertaken by the

International Committee of the Red Cross (ICRC), the Philippine Red Cross (PRC), and other state-recognized impartial humanitarian partners or organizations in conformity with

the International Humanitarian Law (IHL), do not fall within the scope of Section 12 of this Act.

Permissible Surveillance of suspected persons, interception, and recording of communications ( Sec. 16)( Rule 5)

LEA/MP ex parte application before CA

• Permission to wiretap, intercept, record or

collect, private communications, data, and information

• Order to compel TSPs and ISPs (Rule 5.4)

Exception:

• Lawyer-client privilege
• Doctor-patient
• journalist and their source
• private business correspondence

This information campaign is in partnership with the International Center for Non-profit Law (ICNL).