PHINMA Cagayan de Oro College
Carmen, Cagayan de Oro City
Graduate School of Criminology and Criminal Justice
Master of Science in Criminology
REACTION PAPER
IN
THE PHILIPPINE ANTI-TERRORISM ACT of 2020
Submitted to:
PLTCOL. LEMUEL GONDA, MSCRIM
Submitted by:
Kimberly Mae Mirantes
August 2021
THE PHILIPPINE ANTI-TERRORISM ACT of 2020
Republic Act No. 11479 or popularly known as the Anti-Terrorism Act of 2020,
which was signed by President Rodrigo Duterte on July 3, 2020, is a law that
prevents, prohibits, and penalizes terrorism in the Philippines. The passage of this
law successfully replaces the Republic Act No. 9372 or also known as the Human
Security Act of 2007 last July 18, 2020.
This law has quite made a buzz recently as to its constitutionality and is now
currently being challenged in the Supreme Court by multiple groups. One of the
provision of this law that is being criticized by some groups is that it 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. For some critiques, this is a pure
violation of the right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures. But some also 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.
Nonetheless, this law was created to protect life, liberty, and property from
terrorism deemed as “inimical and dangerous to the national security of the country
and to the welfare of the people.