ANTI-TERRORISM LAW OF 2020, IPINALIWANAG

Summary

The presentation explains the Anti-Terrorism Act of 2020 (RA 11479), with particular emphasis on the speaker’s claim that issuing or patronizing “permits to campaign and win” may be punishable under the law as support for terrorism.

Supreme Court Ruling

The speaker says the Supreme Court upheld most of RA 11479 but struck down two provisions as unconstitutional:

• One concerned language in Section 4 about acts not intended to cause death or serious physical harm. The Court reportedly found it overbroad and vague, and a violation of freedom of expression.
• The other allowed the Anti-Terrorism Council (ATC) to adopt designation requests from foreign or supranational jurisdictions. The presentation says the Court had not yet explained its reasoning for that ruling.

The presentation also cites a December 2021 NTF-ELCAC statement welcoming the decision.

Purpose and Administration

The Act aims to protect life, liberty, and property from terrorism, and condemns terrorism as a threat to national security and public welfare.

The ATC is described as the law’s primary implementing body, with executive and administrative functions—not judicial powers—and support from other government agencies and institutions.

Conduct Covered

The presentation lists terrorism and related offenses, including:

• Threats, planning or training, conspiracy, proposals, and incitement
• Recruitment
• Knowing and voluntary membership in a terrorist organization
• Certain foreign-terrorist activities
• Providing material support
• Acting as an accessory

It stresses that advocacy, protest, dissent, work stoppages, and similar exercises of civil and political rights are not terrorism by themselves. For incitement, it says authorities must consider factors such as context, intent, content, reach, and the speaker’s influence.

“Permits to Campaign and Win”

The speaker argues that both those who issue these permits and those who patronize or subscribe to them may face penalties. The presentation links this to the offense of providing material support, which it says includes non-monetary assistance such as transportation, lodging, or services.

Designation, Proscription, and Surveillance

The ATC can designate individuals or groups, while proscription of an organization involves court proceedings. The presentation distinguishes the two processes and describes court-approved surveillance, generally limited to 60 days, with a possible extension.

It also says surveillance requires written authority, and that recordings and related records must be submitted to the Court of Appeals.

Penalties and Accountability

The speaker cites life imprisonment for several serious offenses, including terrorism, recruitment, and providing material support; 12 years for offenses such as incitement, proposal, and membership; and penalties for accessories and for unlawful surveillance, mishandling recordings, failing to notify authorities or a judge, mistreating detainees, and other violations.

The presentation also says law-enforcement officers may face criminal, administrative, and civil liability, as well as additional penalties affecting public office and benefits.

Presenters or Contributors

• Presenter: An unnamed representative associated with PNP Regional Office 8; no personal name is discernible in the subtitles.
• NTF-ELCAC: Cited through a press release; not identified as a presenter.