2. The Anti-Terrorism Act of 2020".

R.A. NO. 11479, July 03, 2020

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;
>Critical Infrastructure shall refer to an asset
or system, whether physical or virtual, so
essential to the maintenance of vital societal
functions or to the delivery of essential public
services that the incapacity or destruction of
such systems and assets would have a
debilitating impact on national defense and
security, national economy, public health or
safety, the administration of justice, and other
functions analogous thereto.
It may include, but is not limited to, an asset
or system affecting telecommunications,
water and energy supply, emergency services,
food security, fuel supply, banking and
finance, transportation, radio and television,
information systems and technology,
chemical and nuclear sectors (Section 3, a)
(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 and the benefits of Republic Act No.
10592, otherwise known as "An Act Amending
Articles 29, 94, 97, 98 and 99 of Act No. 3815,
as amended, otherwise known as the Revised
Penal Code".
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.
(the underlined portion is unconstitutional)
Notes per Calleja et al vs. Executive Secretary, et
al G.R. No. 252578, December 07, 2021
Section 4 of the ATA consists
of two distinct parts: the main part and
the proviso.
The main part of Section 4 provides for
the actus reus, the mens rea, and
corresponding imposable penalty for the
crime of terrorism;
The main part is subdivided into three
components.

The first component enumerates the conduct

which consists of the actus reus of
terrorism, i.e., Section 4(a) to (e), or the overt
acts that constitute the crime.
The second component enumerates the
purposes or intents of any of the actus
reus, i.e., to intimidate the general public or a
segment thereof; to create an atmosphere or
spread a message of fear; to provoke or
influence by intimidation the government or
any international organization; to seriously
destabilize or destroy the fundamental
political, economic, or social structures of the
country, or create a public emergency or
seriously undermine public safety.
This is the mens rea component of terrorism,
which is inferred from the nature and context
of the actus reus.
The third component provides the imposable
penalty for the crime of terrorism, i.e., life
imprisonment without the benefit of parole
and the benefits of R.A. No. 10592.
The proviso, if rephrased into its logical inverse,
purports to allow for advocacies, protests,
dissents, stoppages of work, industrial or mass
actions, and other similar exercises of civil and
political rights to be punished as acts of
terrorism if they are "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."
With this deconstruction, it is evident that
the main part chiefly pertains to conduct,
while the proviso, by clear import of its
language and its legislative history, innately
affects the exercise of the freedom of speech
and expression.
The main part of Section 4 of the ATA cannot
be assailed through a facial challenge.

The proviso, however, is subject of facial

challenge on void for vagueness and
overbreadth doctrine.
Nonetheless,

Terrorism, as defined in Section 4 of the ATA,

is not impermissibly vague.
The main part of Section 4 has three
components; with the first component
providing the actus reus, and the second
component providing the mens rea. It is from
these first two components - the actus
reus and the mens rea - as expressed in
the main part of Section 4, that the crime of
terrorism should be construed.
Thus, in the case of Section 4(a), it should be
clarified that the crime proven is not
terrorism if all that the prosecution is able to
prove is that the accused committed an act
intended to cause death, serious bodily injury,
or danger to a person's life. Section 4(a) does
not punish the very act of intending death,
serious bodily injury, or danger to a person's
life.
Such a reading improperly dissects that
portion of Section 4, and reads it in a vacuum;
one should not be completely impervious to
terrorism's overarching concept which is,
essentially, to cause or threaten to
cause damage or harm of sufficient
magnitude in order to achieve the actor's
intended result/purpose, such as to
intimidate the general public, create an
atmosphere or spread a message of fear, or
intimidate or destabilize the government.
The same observation rings true for the acts
mentioned under Section 4(b) to (e). The
Court notes in this regard that neither the
text nor the congressional records support
petitioners' view as to the lack of clarity and
preciseness in the definition of terrorism, as
borne out by the following exchanges in the
Senate:
Senator Drilon: Mr. President, if we read the
provision carefully, the acts enumerated in
(A) to (E) would be punished when the
purpose of such act, by its nature and context,
is to intimidate or put fear except an actual
bombing because that would be covered by
other sections. It is just the purpose to induce
government by force to do or to abstain from
doing such an act. Our question here, Mr.
President, what is the difference between this
and the crime of grave threats under the
Revised Penal Code?
Senator Lacson: It is the purpose, Mr.
President. A simple crime of grave threats
without the purpose of sowing terrorism or
committing terroristic acts, iba po iyon. We
are always bound by the intent and purpose of
the act.
A textual review of the main part of Section 4
shows that its first and second components
provide a clear correlation and a manifest link
as to how or when the crime of terrorism is
produced.
When the two components of the main
part of Section 4 are taken together,
they create a demonstrably valid and
legitimate definition of terrorism that is
general enough to adequately address the
ever-evolving forms of terrorism, but neither
too vague nor too broad as to violate due
process or encroach upon the freedom of
speech and expression and other fundamental
liberties.
The proviso's "Not Intended Clause" is void
for vagueness as it has a chilling effect on the
average person. Before the protester can
speak, he must first guess whether his speech
would be interpreted as a terrorist act under
Section 4 and whether he might be arrested,
indicted, and/or detained for it.
Furthermore, the "Not Intended Clause"
renders the proviso overbroad. By virtue of
the said clause, Section 4 supposes that
speech that is "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" is punishable as
terrorism. This abridges free expression
Only the “Not intended clause” is
unconstitutional, but the rest of the provision
is not.
“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.”
Therefore, the Court strikes down the "Not
Intended Clause" as unconstitutional and
categorically affirms that all individuals, in
accordance with Section 4 of Article III of the
1987 Constitution, are free to protest, dissent,
advocate, peaceably assemble to petition the
government for redress of grievances, or
otherwise exercise their civil and political
rights, without fear of being prosecuted as
terrorists under the ATA.
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 benefit 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
include 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.
The same penalty shall be imposed on any
person who organizes or facilitates the travel
of individuals to a state other than their state
of residence or nationality for the purpose of
recruitment which may be committed
through any of the following means:
(a) Recruiting another person to serve in any
capacity in or with an armed force in a
foreign state, whether the armed force forms
part of the armed forces of the government of
that foreign state or otherwise;

(b) Publishing an advertisement or

propaganda for the purpose of recruiting
persons to serve in any capacity in or with
such armed force;
(c) Publishing an advertisement or
propaganda containing any information
relating to the place at which or the manner
in which persons may make applications to
serve or obtain information relating to service
in any capacity in or with such armed force or
relating to the manner in which persons may
travel to a foreign state for the purpose of
serving in any capacity in or with such armed
force; or
(d) Performing any other act with intention of
facilitating or promoting the recruitment of
persons to serve in any capacity in or with
such armed force.

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.
Persons liable:

(l)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;
(m) Terrorist Organization, Association or
Group of Persons shall refer to any entity
organized for the purpose of engaging in
terrorism, or those proscribe under Section 26
hereof of the United Nations Security
Council-designated terrorist organization;
and
3. Section 14. Accessory.- Any person who
having knowledge of the commission of any
of the crimes defined and penalized under
Section 4 of this Act, without having
participated therein, takes part subsequent to
its commission in any of the following
manner: (a) by profiting himself/herself or
assisting the offender to profit by the effects
of the crime; (b) by concealing or destroying
the body of the crime, or the effects, or
instruments thereof, in order to prevent its
discovery; or
(c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of
the crime, shall be liable as an accessory and
shall suffer the penalty of imprisonment of
twelve (12) years.
Section 16. Surveillance of Suspects and
Interception and Recording of
Communications.- The provisions of Republic
Act No. 4200, otherwise known as the
"Anti-Wire Tapping Law" to the contrary
notwithstanding, a law enforcement agent or
military personnel may, upon a written order
of the Court of Appeals secretly wiretap,
overhear and listen to, intercept, screen, read,
survey, record or collect, with the use of any
mode, form, kind or type of electronic,
mechanical or other equipment or device or
technology now known or may hereafter be
known to science or with the use of any other
suitable ways and means for the above
purposes, any private communications,
conversation, discussion/s, data, information,
messages in whatever form, kind or nature,
spoken or written words
(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:

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.
The law enforcement agent or military
personnel shall likewise be obligated to (1) file
an ex-parte application with the Court of
Appeals for the issuance of an order, to
compel telecommunications service providers
(TSP)
and internet service providers (ISP) to
produce all customer information and
identification records as well as call and text
data records, content and other cellular or
internet metadata of any person suspected of
any of the crimes defined and penalized
under the provisions of this Act;
and (2) furnish the National
Telecommunications Commission (NTC) a
copy of said application. The NTC shall
likewise be notified upon the issuance of the
order for the purpose of ensuring immediate
compliance.
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.
The head of the detaining facility shall ensure
that the detained suspect is informed of
his/her rights as a detainee and shall ensure
access to the detainee by his/her counsel or
agencies and entities authorized by law to
exercise visitorial powers over detention
facilities.
The penalty of imprisonment of ten (10) years
shall be imposed upon the police or law
enforcement agent or military personnel who
fails to notify any judge as provided in the
preceding paragraph.
Ruling:
Constitutional.
Under Section 29, a person may be arrested
without a warrant by law enforcement officers
or military personnel for acts defined or
penalized under Sections 4 to 12 of the
ATA but only under any of the instances
contemplated in Rule 9.2, i.e., arrest in
flagrante delicto, arrest in hot pursuit, and
arrest of escapees, which mirrors Section 5,
Rule 113 of the Rules of Court.
Once arrested without a warrant under those
instances, a person may be detained for up to
14 days, provided that the ATC issues a
written authority in favor of the arresting
officer pursuant to Rule 9.1, upon submission
of a sworn statement stating the details of the
person suspected of committing acts of
terrorism and the relevant circumstances as
basis for taking custody of said person.
⚫ If the ATC does not issue the written
authority, then the arresting officer shall
deliver the suspected person to the proper
judicial authority within the periods
specified under Article 125 of the RPC - the
prevailing general rule. The extended
detention period - which, as will be
explained in the ensuing discussions, is the
crux of Section 29 - is therefore
deemed as an exception to Article 125 of the
RPC based on Congress' own wisdom and
policy determination relative to the exigent
and peculiar nature of terrorism and hence,
requires, as a safeguard, the written
authorization of the ATC, an executive agency
comprised of high-ranking national security
officials.