The Anti-Terrorism Act of 2020, officially designated as Republic Act No. 11479, is a counter-terrorism law intended to prevent, prohibit, and penalize terrorism in the Philippines. The law was passed by the 18th Congress and signed by President Rodrigo Duterte on July 3, 2020, effectively replacing the Human Security Act of 2007 on July 18, 2020.
A total of 37 petitions were filed before the Supreme Court of the Philippines challenging the law's constitutionality, making it the most assailed piece of legislation in Philippine history. On December 9, 2021, the Court announced that apart from two unconstitutional portions of the law, all other challenged provisions thereof are declared not unconstitutional.
Overview
Definition of terrorism
The Act defines terrorism as: Engaging in acts intended to cause death or serious bodily injury to any person or endangers a person's life; Engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property; Engaging in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure; Developing, manufacturing, possessing, acquiring, transporting, supplying, or using weapons; and Releasing dangerous substances or causing fire, floods or explosions when the purpose is to intimidate the general public, create an atmosphere to spread a message of fear, provoke or influence by intimidation the government or any international organization, seriously destabilize or destroy the fundamental political, economic, or social structures in the country, or create a public emergency or seriously undermine public safety
The definition states that "advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights" shall not be considered as terrorist acts only if they "are not 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."
Creation of Anti-Terrorism Council
The law also creates a presidentially-appointed body, the Anti-Terrorism Council (ATC), which would designate the persons who could be arrested as "terrorists."
Because of other provisions of the law. these persons could be detained for up to 24 days (14 days with a possible 10-day extension), and would not be automatically compensated for wrongful imprisonment as they originally were under the Human Security Act of 2007.
Warrantless arrest
The law allows suspects to be detained without a judicial warrant of arrest for 14 days and can be extended by 10 more days, and placed under surveillance for 60 days, that can also be extended by up to 30 days, by the police or military. But an analyst argues that this provision is essential for counterterrorism to "allow more time for investigators to get valuable information from the terror suspect. A longer detention period can also provide ample time to facilitate interrogation. It can also incapacitate the suspected terrorist from wreaking havoc. Most importantly, longer preventive detention can lawfully hold suspect when usual criminal charges cannot be filed for some technical considerations."
Removal of safeguard against wrongful detention
The Anti-Terrorism Act of 2020 also removes a section under the Human Security Act of 2007 which is meant to safeguard against the wrongful accusation and detention of suspects. Previously, if a person imprisoned under the HSA were found to actually not be guilty, that person would be compensated for wrongful detention, with the cost "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."
Under the new law, a wrongfully detained person would have to file a suit against the government in order to get any remuneration for having been wrongfully accused.
Background
Branding of "rebel groups" in Philippine history
Conflicts with ideologically motivated groups, both armed and unarmed have frequently been labeled "terrorists," "rebels," and "bandits" throughout the Philippines' history.