Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders VIII. Counter-Terrorism Laws of the Philippines: The Human Security Act (HSA) and the Terrorism Financing Prevention and Suppression Act (TFPSA) The Human Security Act (HSA) is the Philippines’ principal counter-terrorism legislation and criminalizes acts of terrorism. The Terrorism Financing Prevention and Suppression Act (TFPSA), on the other hand, criminalizes providing funds that contribute to acts of terrorism. The two laws are not part of the RPC, but they are the principal counter-terrorism legislation of the Philippines that criminalize acts of terrorism. These two laws form part of the body of criminal laws in the country, which the ICJ believes should be considered for amendments by the Government of the Philippines. A. The Human Security Act (HSA) The Human Security Act was enacted in 2007. It defines an act of terrorism as any act that is penalized in other Philippine criminal laws197 done with the intent of “sowing and creating” “widespread and extraordinary fear and panic” among the general public, for the purpose of forcing the government to give in to an unlawful demand.198 Persons found guilty of committing terrorism and those found to have conspired to commit terrorism199 shall be imprisoned for a period of 40 years, while accomplices shall be imprisoned from 17 to 20 years.200 The HSA permits surveillance of communications between members of an organization that has been declared by a judge to be a “terrorist organization” or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. The law itself emphasizes that surveillance is not allowed of privileged communications between lawyers and clients, doctors and patients, and journalists and their sources. 201 Surveillance may only be conducted after a written authorization issued by a division of the Court of Appeals specifically designated to do so. The written order may only be granted upon a finding of probable cause on the basis of a written application of a police or law enforcement officer who has been authorized to do so by the Anti-Terrorism Council.202 A written court order may authorize the conduct of surveillance for a period of up to 30 days, and may be extended once for another 30 days.203 The written order of the Court of Appeals, the application from the law enforcement officer, and the authorization from the Anti-Terrorism Council204 are considered classified information. However, the subject of surveillance has the right to be informed of the acts done by the law enforcement authorities after the fact and the right to challenge the legality of the surveillance.205 The law includes a sanction against law enforcement officers who conduct surveillance on persons, without having the authority. Those convicted are subject to punishment of ten to twelve years’ imprisonment.206 All tapes, discs, and recordings, including all excerpts and summaries thereof, as well as written notes or memoranda gathered from authorized surveillance shall be turned over to the Court of Appeals within 197 Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters), Article 134 (Rebellion or Insurrection), Article 134(a)(Coup d’Etat), Article 248 (Murder), Article 267 (Kidnapping and Serious Illegal Detention), Article 324 (Crimes Involving Destruction), Presidential Decree No. 1613 (The Law on Arson), Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990), Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968), Republic Act No. 6235 (Anti-Hijacking Law), Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974), and Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives). 198 Section 3 of the Human Security Act. 199 Section 4 of the Human Security Act. 200 Section 5 of the Human Security Act. 201 Section 7 of the Human Security Act. 202 Section 8 of the Human Security Act. 203 Section 10 of the Human Security Act. 204 The members of the Anti-Terrorism Council are: (1) The Executive Secretary, who acts as its Chairperson, (2) the Secretary of Justice, who acts as its Vice-Chairperson, (3) the Secretary of Foreign Affairs, (4) the Secretary of National Defense, (5) the Secretary of the Interior and Local Government, (6) the Secretary of Finance, and (7) the National Security Advisor. (See Section 53 of the HSA) 205 Section 9 of the Human Security Act. 206 Section 16 of the Human Security Act. 31