Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders The law also allows the proscription of terrorist organizations or groups. The Department of Justice may file an application to declare an organization as a “terrorist and outlawed organization” before a competent Regional Trial Court. The organization or group must be given due notice of the application and the opportunity to be heard by the court.219 The constitutionality of the HSA was challenged in 2010 before the Supreme Court. The petitioners alleged among other things, that the definition of terrorism was overbroad and vague, thereby inhibiting free speech.220 The Supreme Court, however, denied the petition on grounds that the petitioners lacked standing to challenge the law.221 As of December 2014, there have only been 3 cases filed under the HSA: the case of Edgar Candule, a youth activist from the Aeta indigenous tribe; 222 the case of five individuals in Nueva Ecija;223 and that of Jun Guevarra, Abu Basir, and Khenny Mamogkat.224 To date, there have been no convictions under the HSA.225 The case against Edgar Candule exemplifies the dangers of the HSA’s unclear definition of terrorism. On 21 March 2008, Edgar Candule, a member of the Aeta indigenous tribe and a youth activist, was arrested by the Philippines National Police (PNP) without a warrant or authorization from the Anti-Terrorism Council at his friend’s house in Butolon while eating breakfast. He was subsequently held at Camp Conrado S. Yap for three days, where he was reportedly questioned without legal counsel, punched in the chest, electrocuted, forced to admit he owned a pistol and ammunition allegedly seized from the house where he was arrested, and threatened with death when he denied being a member of the NPA.226 The PNP charged Edgar Candule with terrorism under Section 3 of the HSA, based on allegations of the underlying crimes of illegal possession of a firearm and rebellion, referencing the pistol and so called “subversive documents” found in the house. On 20 October 2010, Edgar Candule’s lawyers filed a motion to dismiss with Branch 69 of the Zambales Regional Trial Court and a corollary prayer that he be compensated under Section 50 of the HSA. 227 The Regional Trial Court granted the motion to dismiss due to the failure of the prosecution to prove that Edgar Candule was spreading “widespread and extraordinary fear and panic among the populace”.228 The court, however, was silent on the prayer for compensation. Hence, the lawyers of Edgar Candule filed an appeal with the Court of Appeals on the prayer for compensation under Section 50 of HSA. There is no decision yet on this by the Court of Appeals. 229 219 Section 17 of the Human Security Act. 220 Southern Hemisphere Engagement Network, Inc., et. al. v. the Anti-Terrorism Council, et. al., G.R. No. 178552, 5 October 2012. 221 The petitioners lacked standing because they were not charged with the crime, there was no demonstrable threat of prosecution for a constitutionally protected act, and facial challenges against criminal statutes on vagueness or over-breadth grounds were unsustainable. Ibid. The Supreme Court, en banc, denied a motion for reconsideration. “SC affirms own ruling upholding Human Security Act”, GMA News Online, 9 January 2011. http://www.gmanetwork.com/news/story/210155/news/nation/sc-affirms-ownruling-upholding-human-security-act (Accessed August 2014). 222 Philippines Desk, Asian Human Rights Commission, “Unsolved killings, disappearances, torture & arbitrary arrests”, in Article 2, Vol. 11 No. 2-3, June-Sept. 2012, pp. 86-87. http://www.article2.org/pdf/v11n0203.pdf (Accessed August 2014); Renato M. Reyes, Jr., “Amendments to terror law will make it much worse”, Like a Rolling Stone, 17 August 2011. http://natoreyes.wordpress. com/2011/08/17/amendments-to-terror-law-will-make-it-much-worse/ (Accessed August 2014). 223 Philippines v. Dilamon et al., Crim. Case No. 20394, Reg’l Trial Ct., Third Judicial Region, Cabanatuan City, Philippines, 31 March 2012. 224 Jun Guevarra, Abu Basir, and Khenny Mamogkat are accused of being associated with the Al Khobar Group and of perpetrating a bombing that injured eight people. See Malu Cadelina Manar, “Suspected bomber arrested in Cotabato, GMA News Online, 2 April 2009. http://www.gmanetwork.com/news/story/155299/news/regions/suspected-bomber-arrested-in-cotabato (Accessed August 2014); Atty. Vincente S.Aquino, Executive Director of Anti-Money Laundering Council Secretariat and Assistant Governor of Bangko Sentral ng Pilipinas, Combating Terrorism Financing – the Philippine Experience, slideshow for the Special Meeting of the UN Counter-Terrorism Committee with Member States and Relevant International and Regional Organizations, 20 Nov. 2012, slide 17. https://www.un.org/en/sc/ctc/specialmeetings/2012/docs/philippines-1373%20presentation%20(11.20.12).pdf (Accessed August 2014). 225 ICJ Interview with Assistant Secretary Geronimo Sy of the Philippines’ Department of Justice, Manila, 31 July 2013. 226 Philippines Desk, Asian Human Rights Commission, “Unsolved killings, disappearances, torture & arbitrary arrests,” at p. 87. 227 Section 50 of the HSA permits individuals acquitted of terrorism charges “payment of damages in the amount of Five hundred thousand pesos for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation,” with the payment deducted from the appropriations of the law enforcement agency that filed the charges. 228 Ibid. 229 ICJ Interview with Cristina Ellazar Palabay, Secretary General of Karapatan, Karapatan office, Quezon City, 30 July 2013. 33