Salient Provisions of
Republic Act No. 11479
“The Anti-Terrorism Act of 2020”
July 21, 2020
PCPT MELVIN H PADAOAN
Provincial Legal Officer
Bataan Police Provincial Office
Terrorist Individual shall refer to any natural
person who commits any of the acts defined and
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of this Act
SECTION 4. Terrorism.— Subject to Section 49 of this Act,
terrorism is committed by any person who, within or outside the
Philippines, regardless of the stage of execution:
• (a) Engages in acts intended to cause death or
serious bodily injury to any person, or
endangers a person’s life;
• (b) Engages in acts intended to cause
extensive damage or destruction to a
government or public facility, public place or
private property;
• (c) Engages in acts intended to cause extensive
interference with, damage or destruction to
critical infrastructure;
• (d) Develops, manufactures, possesses,
acquires, transports, supplies or uses
weapons, explosives or of biological, nuclear,
radiological or chemical weapons; and
• (e) Release of dangerous substances, or
causing fire, floods or explosions
when the purpose of such act, by its nature and context,
is
• to intimidate the general public or a segment thereof,
• create an atmosphere or spread a message of fear,
• to provoke or influence by intimidation the
government or any international organization,
• or seriously destabilize or destroy the fundamental
political, economic, or social structures of the country,
• or create a public emergency or seriously undermine
public safety,
• shall be guilty of committing terrorism and
shall suffer the penalty of life imprisonment
without the benefit of parole
Provided, That, terrorism as defined in this
section shall not include advocacy, protest,
dissent, stoppage of work, industrial or mass
action, and other similar exercises of civil and
political rights, which 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.
SECTION 5. Threat to Commit Terrorism.— Any
person who shall threaten to commit any of the
acts mentioned in Section 4 hereof shall suffer
the penalty of imprisonment of twelve (12)
years.
SECTION 6. Planning, Training, Preparing, and
Facilitating the Commission of Terrorism.— It shall
be unlawful for any person to participate in the
planning, training, preparation and facilitation in the
commission of terrorism, possessing objects
connected with the preparation for the commission
of terrorism, or collecting or making documents
connected with the preparation of terrorism. Any
person found guilty of the provisions of this Act shall
suffer the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act
No. 10592.
SECTION 7. Conspiracy to Commit Terrorism.
— Any conspiracy to commit terrorism as defined
and penalized under Section 4 of this Act shall
suffer the penalty of life imprisonment without
the benefit of parole and the benefits of Republic
Act No. 10592.
There is conspiracy when two (2) or more persons
come to an agreement concerning the
commission of terrorism as defined in Section 4
hereof and decide to commit the same.
SECTION 8. Proposal to Commit Terrorism.
— Any person who proposes to commit
terrorism as defined in Section 4 hereof shall
suffer the penalty of imprisonment of twelve
(12) years.
SECTION 9. Inciting to Commit Terrorism.— Any
person who, without taking any direct part in
the commission of terrorism, shall incite others
to the execution of any of the acts specified in
Section 4 hereof by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end,
shall suffer the penalty of imprisonment of
twelve (12) years.
SECTION 10. Recruitment to and Membership in a
Terrorist Organization.— Any person who shall
recruit another to participate in, join, commit or
support terrorism or a terrorist individual or any
terrorist organization, association or group of
persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council
as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the
penalty of life imprisonment without the benefit of
parole and the benefits of Republic Act No. 10592.
• Any person who shall voluntarily and knowingly
join any organization, association or group of
persons knowing that such organization,
association or group of persons is proscribed
under Section 26 of this Act, or designated by
the United Nations Security Council as a terrorist
organization, or organized for the purpose of
engaging in terrorism, shall suffer the penalty of
imprisonment of twelve (12) years.
SECTION 11. Foreign Terrorist.— The following acts are unlawful
and shall suffer the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act No. 10592:
• (a) For any person to travel or attempt to travel to a state other than his/her
state of residence or nationality, for the purpose of perpetrating, planning, or
preparing for, or participating in terrorism, or providing or receiving terrorist
training;
• (b) For any person to organize or facilitate the travel of individuals who travel to
a state other than their states of residence or nationality knowing that such
travel is for the purpose of perpetrating, planning, training, or preparing for, or
participating in terrorism or providing or receiving terrorist training; or
• (c) For any person residing abroad who comes to the Philippines to participate in
perpetrating, planning, training, or preparing for, or participating in terrorism or
provide support for or facilitate or receive terrorist training here or abroad.
• SECTION 12. Providing Material Support to Terrorists.
— Any person who provides material support to any
terrorist individual or terrorist organization, association
or group of persons committing any of the acts
punishable under Section 4 hereof, knowing that such
individual or organization, association, or group of
persons is committing or planning to commit such acts,
shall be liable as principal to any and all terrorist
activities committed by said individuals or
organizations, in addition to other criminal liabilities
he/she or they may have incurred in relation thereto.
SECTION 16. Surveillance of Suspects and Interception
and Recording of Communications.
a law enforcement agent or military personnel may, upon a
written order of the Court of Appeals secretly wiretap…
(a) between members of a judicially declared and outlawed
terrorist organization, as provided in Section 26 of this Act;
(b) between members of a designated person as defined in
Section 3(e) of Republic Act No. 10168; or
(c) any person charged with or suspected of committing any of
the crimes defined and penalized under the provisions of
this Act
SECTION 25. Designation of Terrorist Individual, Groups
of Persons, Organizations or Associations.—
The ATC may designate an individual, groups of
persons, organization, or association, whether
domestic or foreign, upon a finding of probable
cause that the individual, groups of persons,
organization, or association commit, or attempt
to commit, or conspire in the commission of the
acts defined and penalized under Sections 4, 5,
6, 7, 8, 9, 10, 11 and 12 of this Act.
The assets of the designated individual, groups
of persons, organization or association above-
mentioned shall be subject to the authority of
the Anti-Money Laundering Council (AMLC) to
freeze pursuant to Section 11 of Republic Act
No. 10168.
SECTION 26. Proscription of Terrorist Organizations,
Association, or Group of Persons.— Any group of
persons, organization, or association, which commits
any of the acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, or organized
for the purpose of engaging in terrorism shall, upon
application of the DOJ before the authorizing division
of the Court of Appeals with due notice and
opportunity to be heard given to the group of
persons, organization or association, be declared as a
terrorist and outlawed group of persons, organization
or association, by the said Court.
SECTION 29. Detention Without Judicial Warrant of Arrest.— The
provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any law enforcement agent or military personnel, who,
having been duly authorized in writing by the ATC has taken custody of a
person suspected of committing any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without
incurring any criminal liability for delay in the delivery of detained persons
to the proper judicial authorities, deliver said suspected person to the
proper judicial authority within a period of fourteen (14) calendar days
counted from the moment the said suspected person has been
apprehended or arrested, detained, and taken into custody by the law
enforcement agent or military personnel. The period of detention may be
extended to a maximum period of ten (10) calendar days if it is
established that (1) further detention of the person/s is necessary to
preserve evidence related to terrorism or complete the investigation; (2)
further detention of the person/s is necessary to prevent the commission
of another terrorism; and (3) the investigation is being conducted properly
and without delay.
Immediately after taking custody of a person suspected
of committing terrorism or any member of a group of
persons, organization or association proscribed under
Section 26 hereof, the law enforcement agent or
military personnel shall notify in writing the judge of
the court nearest the place of apprehension or arrest of
the following facts: (a) the time, date, and manner of
arrest; (b) the location or locations of the detained
suspect/s and (c) the physical and mental condition of
the detained suspect/s. The law enforcement agent or
military personnel shall likewise furnish the ATC and the
Commission on Human Rights (CHR) of the written
notice given to the judge.
SECTION 45. Anti-Terrorism Council.— An Anti-
Terrorism Council (ATC) is hereby created. The
members of the ATC are:
(1) the Executive Secretary, who shall be its
Chairperson;
(2) the National Security Adviser who shall be its
Vice Chairperson; and (3) the Secretary of
Foreign Affairs;
(3) the Secretary of National Defense; (5) the
Secretary of the Interior and Local
Government;
(4) the Secretary of Finance;
(7) the Secretary of Justice;
(8) the Secretary of Information and
Communications Technology; and
(9) the Executive Director of the Anti-Money
Laundering Council (AMLC) Secretariat as its
other members.
SECTION 53. Trial of Persons Charged Under this
Act.— Any person charged for violations of
Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act
shall be tried in special courts created for this
purpose. In this regard, the Supreme Court shall
designate certain branches of the Regional Trial
Courts as anti-terror courts whose jurisdiction is
exclusively limited to try violations of the
abovementioned provisions of this Act.
-END-
THANK YOU
