ANTI-TERRORISM ACT OF 2020 (R.A. No. 11479)

The Anti-Terrorism Act of 2020 (Republic Act No. 11479) is a Philippine law designed to address terrorism and its related acts, replacing the earlier Human Security Act of 2007 (R.A. No. 9372). It aims to enhance the country's capacity to prevent, counter, and prosecute terrorism while ensuring national security and public safety. Below is a meticulous breakdown of the law’s salient features, provisions, and implications:

I. DEFINITION OF TERRORISM

Section 4 of the law defines terrorism as engaging in acts intended to:

Cause death or serious physical harm to a person;
Damage critical infrastructure or public property;
Create fear or intimidate the general public, the government, or any international organization; and
Seriously destabilize or destroy the fundamental political, economic, or social structures of the state.

Exclusions: Advocacy, protest, dissent, and similar legitimate exercises of civil and political rights are not considered terrorism, provided they are not intended to harm others or cause widespread fear.

II. ACTS PUNISHABLE UNDER THE LAW

Planning, Training, Preparing, and Facilitating Terrorist Acts (Section 6):
- Mere participation in planning or facilitating terrorism is criminalized.
- Penalty: Life imprisonment without parole.
Proposal to Commit Terrorist Acts (Section 7):
- Offering, suggesting, or proposing to commit terrorism constitutes a crime.
- Penalty: 12 years imprisonment.
Inciting to Commit Terrorism (Section 9):
- Speech, writing, or other means that incite others to commit terrorism.
- Penalty: 12 years imprisonment.
Recruitment and Membership in a Terrorist Organization (Sections 10 & 11):
- Recruitment or voluntary membership in terrorist groups is penalized.
- Penalty: Life imprisonment for recruiters, 12 years imprisonment for voluntary members.
Providing Material Support to Terrorists (Section 12):
- Supplying resources, funding, or assistance to terrorists or terrorist organizations.
- Penalty: Life imprisonment.
Conspiracy to Commit Terrorism (Section 8):
- Agreement between two or more persons to commit terrorism.
- Penalty: Life imprisonment.

III. DESIGNATION OF TERRORIST INDIVIDUALS AND ORGANIZATIONS

Role of the Anti-Terrorism Council (ATC):
- The ATC has the authority to designate individuals, groups, and organizations as terrorists based on probable cause.
- Designation allows for freezing of assets by the Anti-Money Laundering Council (AMLC).
United Nations Sanctions:
- Entities designated as terrorists by the UN Security Council are automatically adopted by the Philippine government.
Judicial Process for Proscription (Section 26):
- The Department of Justice (DOJ) can file an application for proscription with the Court of Appeals to declare an organization or group a terrorist entity.

IV. POWERS OF ARREST AND DETENTION

Warrantless Arrest (Section 29):
- Law enforcement officers can arrest individuals without a warrant if there is probable cause that the person is committing or planning to commit terrorism.
- Detention Period: Up to 14 days, extendable by 10 days, without formal charges.
Surveillance and Interception of Communications (Section 16):
- The ATC may authorize surveillance of suspected terrorists after securing judicial authorization from the Court of Appeals.
- Scope: Wiretapping, tracking devices, and monitoring of communications.
- Duration: Valid for 60 days, extendable for another 30 days.

V. PENALTIES FOR ABUSE OF AUTHORITY

Malicious Prosecution (Section 33):
- Any law enforcement officer who maliciously charges or prosecutes a person for terrorism is liable to penalties.
- Penalty: 10 years imprisonment.
Violations of Rights of Detainees (Section 32):
- Penalty for law enforcement officers violating rights of detained persons: 10 years imprisonment.

VI. SAFEGUARDS AND DUE PROCESS

Right to Due Process:
- Designated individuals and organizations have the right to challenge their designation before the ATC or the judiciary.
Monitoring by the Commission on Human Rights (CHR):
- The CHR is mandated to ensure compliance with human rights obligations in the implementation of the law.
Oversight Mechanisms:
- Congressional Oversight Committee is tasked to monitor and review the implementation of the law.
Judicial Review:
- Courts retain the authority to review and nullify acts done under the law that violate constitutional rights.

VII. CONTROVERSIES AND CRITICISMS

Broad Definition of Terrorism:
- Critics argue that the definition of terrorism is overly broad and vague, potentially encompassing legitimate dissent or protest.
Extended Detention Periods:
- The 14-day detention without charges is seen as a violation of the constitutional right to due process and the writ of habeas corpus.
Potential for Abuse:
- Concerns over the powers of the ATC to designate individuals as terrorists without trial or due process.
Chilling Effect on Freedom of Expression:
- The provision on inciting terrorism may be misused to silence critics and journalists.
Challenges to Constitutionality:
- Numerous petitions have been filed before the Supreme Court challenging the law. The Supreme Court, in its 2021 decision, upheld most provisions but struck down parts of Section 4 (regarding acts "not intended to cause harm").

VIII. IMPLEMENTING BODIES

Anti-Terrorism Council (ATC):
- Composed of key government officials, including the Executive Secretary, Secretary of Justice, Secretary of Foreign Affairs, and heads of security agencies.
Anti-Money Laundering Council (AMLC):
- Responsible for freezing assets of designated terrorists and organizations.
Department of Justice (DOJ):
- Files applications for proscription and ensures prosecution of offenders.
Law Enforcement Agencies:
- Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) implement arrests, surveillance, and operations against terrorists.

IX. CONCLUSION

The Anti-Terrorism Act of 2020 is a comprehensive legislation aimed at addressing terrorism in all its forms. While it introduces stronger mechanisms to combat terrorism, it has also faced significant backlash due to concerns over its potential misuse and impact on civil liberties. Effective implementation requires strict adherence to constitutional safeguards and a balanced approach to national security and human rights.