Righting Wrongs: Criminal Law Provisions in the Philippines their Impact on Human Rights Defenders related to National Security and I. Introduction 5 II. Human Rights Defenders, their rights, their role in society, and the challenges they face III. The Philippine Legal Framework IV. Laws Limiting Freedom of 9 Expression of Human Rights Defenders A. Laws in the Philippines limiting freedom of expression B. Examples of cases limiting the freedom of expression of human rights defenders in 7 11 11 the Philippines 13 C. International standards on freedom of expression 14 D. Analysis of provisions in the light of international standards on the right to freedom of expression 16 a. Article 154 of the RPC (unlawful use of means of publication and unlawful utterances) 16 b. Criminal libel provisions in the RPC and the Cybercrime Prevention Act E. Recommendations V. The Principle Sedition 20 A. The crimes of rebellion and sedition in Philippine law and jurisprudence 20 of Legality 17 19 and the Provisions on Rebellion and B. Cases of rebellion and sedition filed against human rights defenders 21 C. The principle of legality and international law regarding rebellion and sedition laws 22 D. Recommendations 23 VI. The Right to Peacefully Assemble: The laws on Illegal Assemblies A. Batas Pambansa 880 (B.P. 880) and Article 146 of the RPC on illegal assemblies B. B.P. 880 and Article 146 of the RPC are inconsistent with international standards safeguarding the right to freedom of peaceful assembly 25 C. Recommendations VII. The Right to freedom of association: 24 24 27 Article 147 of the RPC A. Article 147 on illegal associations 29 29 B. Article 147 vis-à-vis international standards on freedom of association 29 C. Recommendation 30 VIII. Counter-Terrorism Laws of the Philippines: The Human Security Act (HSA) and the Terrorism Financing Prevention and Suppression Act (TFPSA) 31 31 A. The Human Security Act (HSA) B. Terrorism Financing Prevention and Suppression Act (TFPSA) 34 C. Analysis of the HSA and TFPSA provisions in the light of international standards: 34 a. Vague and overbroad definitions of terrorism 35 b. Sharing information with other States’ intelligence agencies 37 c. Unlawful authority of the Commission on Human Rights of the Philippines (CHRP) and length of detention under the HSA D. Recommendations IX: Conclusion and Recommendations 38 40 41