Human Security Act of 2007
July 15th, 2007 at 8:30 pm (National Politics, Military Affairs)
Today, the Human Security Act of 2007 (HSA) takes into effect. HSA was formerly known as the Anti-Terrorism Bill which was vehemently protested by various personalities and organizations.
Among others, HSA allows wire-tapping:
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. – The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
It also vaguely defines what a terrorist group is:
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. – Any organization, association, or group of persons organized for the purpose of engaging in terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand shall, upon application of the Department of Justice before a competent Regional Trial Court, with due notice and opportunity to be heard given to the organization, association, or group of persons concerned, be declared as a terrorist and outlawed organization, association, or group of persons by the said Regional Trial Court.
Allows detention without judicial warrant of arrest:
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. – The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act.
Restricts the travel of suspects EVEN IF THE EVIDENCE OF GUILT IS NOT STRONG:
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.
Allows the seizure and sequestration of money, and other possessions of SUSPECTED terrorists and terrorist groups (the definition of which is vague):
SEC. 39. Seizure and Sequestration. – The deposits and their outstanding balances, placements, trust accounts, assets, and records in any bank or financial institution, moneys, businesses, transportation and communication equipment, supplies and other implements, and property of whatever kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group of persons; or (3) to a member of such organization, association, or group of persons shall be seized, sequestered, and frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State.
Now you tell me, does the HSA really wish to protect the Filipinos? Or only the interests of those in power?
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DJB Rizalist said,
July 15, 2007 at 11:30 pm
Take the text of the HSA. Count the number of times the word PENALTY occurs (my copy shows 45). Of these 4 provisions speak of penalties for crimes of terrorism, while 41 of them are jail sentences, fines and sanctions against law enforcers for various possible lapses.
I notice you left out of your citation of Section 7 the all impt proviso at the end of it::”Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.”
Compared to the present dispensation when there were no such restrictions on classes of persons and their relationships as targets of wiretapping under Tanada’s Anti wire tapping law, the HSA is bristling with human rights protections. Also, you could get wiretapping operations from a mere RTC before the HSA; now you have to go to a special division of the Court of Appeals. It’s harder to do wiretapping and surveillance now compared to before! That is the objective fact.
Why is the Left bent on attacking a law that increases protections for civil liberties and human security? Is it because they want off the terrorist lists?
atup said,
July 30, 2007 at 8:27 pm
Maganda ang batas na ito lalo sa mga parusa na nakalaan sa bawat sector nito at natitiyak kong magiging maganda ang kalalabasan ng batas na ito at nasisiguro kong maganda ang magiging reaksyon ng tao dito lalo na sa mga taong nasaktan ng dahil sa terorismo at mga nagmamalabis na mga namumuno sa pamahalaan .
Sa kabilang dako nanam, maganda ang batas na ito ngunit naniniwala ako na ang mga ito ay ginagamit lamang ng mga taong gusting mangurakot. Ginawa rin ang batas na ito upang mapagtakpan ang kabahuan ng mga taong mangungurakot sa ating bayan.
Embong said,
August 13, 2007 at 11:57 pm
Naiinis ako sa gobyerno natin dahil bakit hindi na lang nila baguhin ang halos lahat ng mga batas. Kasi ang tagal-tagal na ng mga batas na sinusunod natin ngayon, hindi na angkop sa panahon natin ngayon.
Hindi ba tama?
noel said,
August 19, 2007 at 12:24 am
human security act 2007
luz said,
August 23, 2007 at 12:59 am
ewan ang gulo!!!
alma said,
September 18, 2007 at 8:23 pm
sumusobra na ang pangulong gloria!!!!!! everyday na xang gumgawa ng mga batas,,at patuloy ring nasasagasaan ang karapatang pantao ng mga mamamayan ng ating bansa…….
Jd said,
September 23, 2007 at 8:24 pm
shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.
So where here is the restriction????
Jd said,
September 23, 2007 at 8:30 pm
What i mean is..the suspect is still entitled to travel..provided that he does not go against the conditions as stated in the provision…what if he really is a terrorist??? and he escapes..if one is free of guilt then justice will be given to you…the law is self justified…it is the first logical step to fyt terrorism
Let us not assume things yet..prejudhemant can be good but tto much of it is wrong…lets give it a chance and trust its wisdom..we elected the ones who made this law..therefor this is our law..and its intentions are good and for all of us..PEACE =.>
kat said,
December 12, 2007 at 9:11 pm
ang gulo na ng bayan natin!!!super these people are just adding to the problems of this country…sana lang noh mahiya naman sila gawin na lang nila trabaho nila instead na sila ung gumagawa ng gulo…..wala namang mangyayari kung okrayan kayo ng okrayan khit naman cno ang nakaupo inookray nyo….kaysa mag-okrayan kayo magpagalingan na lang kayo ng mga magagawang kbutihan sa bayang to…..puro lang kayo payabangan……
NILO ANDAL said,
February 11, 2008 at 8:46 pm
The Human Security Act seems to be a useless law. Terrorism can be eradicated even without this stupid law. congress passed this law not because they want protect the interest of the Filipino people but to protect the interest of the squatters in Malacanang.