The Anti-Terrorism Act of 2020, officially designated as Republic Act No. 11479, is a counter-terrorism law intended to prevent, prohibit, and penalize

terrorism in the Philippines Terrorism is a major social issue in the Philippines and it is linked to the Moro conflict and the communist rebellion. The country ranks in 16th place on the Global Terrorism Index's 2022 list of countries most affected by terrorism. Legal ...

. The law was passed by the 18th Congress and signed by President

Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...

on July 3, 2020, effectively replacing the

Human Security Act The Human Security Act of 2007, officially designated as Republic Act No. 9372, was a Philippine law that took effect on July 20, 2007. The law, which was watered-down after opposition from some politicians and rights groups feared the legislati ...

of 2007 on July 18, 2020. A total of 37 petitions were filed before the

Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...

challenging the law's constitutionality, making it the most assailed piece of legislation in Philippine history. On December 9, 2021, the Court announced that apart from two unconstitutional portions of the law, all other challenged provisions thereof are declared not unconstitutional.

Overview

Definition of terrorism

The Act defines terrorism as: * Engaging in acts intended to cause death or serious bodily injury to any person or endangers a person's life; * Engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property; * Engaging in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure; * Developing, manufacturing, possessing, acquiring, transporting, supplying, or using weapons; and * Releasing dangerous substances or causing fire, floods or explosions when the purpose is to intimidate the general public, create an atmosphere to spread a message of fear, provoke or influence by intimidation the government or any international organization, seriously destabilize or destroy the fundamental political, economic, or social structures in the country, or create a public emergency or seriously undermine public safety The definition states that "advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights" shall not be considered as terrorist acts only if they "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."

Creation of Anti-Terrorism Council

The law also creates a presidentially-appointed body, the Anti-Terrorism Council (ATC), which would designate the persons who could be arrested as "terrorists." Because of other provisions of the law. these persons could be detained for up to 24 days (14 days with a possible 10-day extension), and would not be automatically compensated for wrongful imprisonment as they originally were under the Human Security Act of 2007.

Warrantless arrest

The law allows suspects to be detained without a judicial warrant of arrest for 14 days and can be extended by 10 more days, and placed under surveillance for 60 days, that can also be extended by up to 30 days, by the police or military. But an analyst argues that this provision is essential for counterterrorism to "allow more time for investigators to get valuable information from the terror suspect. A longer detention period can also provide ample time to facilitate interrogation. It can also incapacitate the suspected terrorist from wrecking havoc. Most importantly, longer preventive detention can lawfully hold suspect when usual criminal charges cannot be filed for some technical considerations."

Removal of safeguard against wrongful detention

The Anti-Terrorism Act of 2020 also removes a section under the Human Security Act of 2007 which is meant to safeguard against the wrongful accusation and detention of suspects. Previously, if a person imprisoned under the HSA were found to actually not be guilty, that person would be compensated for wrongful detention, with the cost "automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused." Under the new law, a wrongfully detained person would have to file a suit against the government in order to get any remuneration for having been wrongfully accused.

Background

Branding of "rebel groups" in Philippine history

Conflicts with ideologically motivated groups, both armed and unarmed have frequently been labeled "terrorists," "rebels," and "bandits" throughout the Philippines' history.

Groups branded "insurrectos" during the colonial era and World War II

During the colonial era, forces fighting for Filipino independence, such as those under

Diego Silang Diego Silang y Andaya (; December 16, 1730 – May 28, 1763) was a Filipino revolutionary leader who allied with British forces to overthrow Spanish rule in the northern Philippines and establish an independent Ilocano state. His revolt was f ...

, Andres Bonifacio,

Emilio Aguinaldo Emilio Aguinaldo y Famy (: March 22, 1869February 6, 1964) was a Filipino revolutionary, statesman, and military leader who is the youngest president of the Philippines (1899–1901) and is recognized as the first president of the Philippine ...

, and Macario Sakay were intentionally labeled "insurrectos" and "bandits" in order to de-legitimize and downplay their cause. In the 1930s, the

Hukbalahap The Hukbong Bayan Laban sa Hapon (), better known by the acronym Hukbalahap, was a Communism, communist Guerrilla warfare, guerrilla movement formed by the farmers of Central Luzon. They were originally formed to Philippine resistance against Ja ...

of the Partido Komunista ng Pilipinas (PKP-1930) was one of the most active guerrilla forces fighting for Filipino freedom during World War II, but it found itself in conflict with the newly independent Philippine government after the war, until it was effectively defeated in the 1950s.

Opposition groups during the Marcos administration

A new communist organization, the

Communist Party of the Philippines The Communist Party of the Philippines ( fil, Partido Komunista ng Pilipinas) is a far-left, Marxist-Leninist-Maoist revolutionary organization and communist party in the Philippines, formed by Jose Maria Sison on 26 December 1968. It is desi ...

(CPP), was formed in 1969, and although it was still small, the Philippine government used its formation to take advantage of the cold war

red scare A Red Scare is the promotion of a widespread fear of a potential rise of communism, anarchism or other leftist ideologies by a society or state. The term is most often used to refer to two periods in the history of the United States which ar ...

in the United States to increase the influx of defense support funds from the US. A 1968 Philippine senate investigation into the

Jabidah massacre The Jabidah massacre on March 18, 1968 was the purported assassinations or executions of Moro people, Moro army recruits who allegedly mutiny, mutinied upon learning the true nature of their mission. It is acknowledged as a major flashpoint tha ...

, in which Muslim recruits were supposedly massacred in

Corregidor Corregidor ( tl, Pulo ng Corregidor, ) is an island located at the entrance of Manila Bay in the southwestern part of Luzon in the Philippines, and is considered part of the Province of Cavite. Due to this location, Corregidor has historically b ...

to prevent them from blowing the cover on a botched Military operation resulted in the rise of multiple secessionist movements in the Muslim-majority areas in western Mindanao Island, including the

Muslim Independence Movement The Muslim Independence Movement (MIM) was a secessionist political organization in the Philippines. On 1 May 1968, two months after the Jabidah massacre, Datu Udtog Matalam, a former governor of Cotabato, issued a Manifesto for the declaration of ...

, the

Bangsamoro Liberation Organization ar, منطقة بانجسامورو ذاتية الحكم فى مسلمى مينداناو , native_name = , settlement_type = Autonomous region , anthem = Bangsamoro Hymn , image_skyline ...

. President

Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...

cited the new communist and moro separatist movements among his reasons for declaring martial law in 1972, but also used his powers to "emasculate all the leaders" of the political opposition, allowing him to hold authoritarian power over the Philippines for more than two decades. While martial law decimated the leadership of the political opposition, it radicalized otherwise "moderate" young people of the time, leading to the rapid growth of the Communist Party of the Philippines' New People's Army. In western Mindanao, the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF) became the dominant voice of Muslim separatism after the burning of Jolo in 1974. In northern Luzon, the murder of

Macli-ing Dulag Macli-ing Dulag (customarily referred to by his first name, also spelled Macliing or Macli'ing; c. 1930 – 24 April 1980) was a ''pangat'' (leader) of the Butbut tribe of Kalinga province in the Philippines. He is best as one of the leaders of t ...

for his opposition to the Marcos administration's Chico River Dam project became a rallying cry which inspired the formation of militant groups such as the

Cordillera People's Liberation Army The Cordillera People's Liberation Army (CPLA) was a militant organization based in the Cordillera region in the Philippines founded by Conrado Balweg. Formation In 1986, the CPLA broke away from the communist New People's Army (NPA), criticiz ...

(CPLA). On the other hand, the martial law saw the creation of human rights advocacy groups across the whole political spectrum, with civil society groups such as the

Movement of Concerned Citizens for Civil Liberties The Movement of Concerned Citizens for Civil Liberties (MCCCL) is an advocacy coalition in the Philippines which was first formed under the leadership of Jose W. Diokno in 1971, as a response to the suspension of the Writ of Habeas Corpus in the w ...

and the Free Legal Assistance Group were joined even by church groups such as the National Council of Churches in the Philippines,

Association of Major Religious Superiors in the Philippines The Task Force Detainees of the Philippines (TFDP) is a non-profit, national human rights organization based in Manila, Philippines. It documents human rights violations, assists victims and their families, organizes missions, conducts human righ ...

, and

Catholic Bishops' Conference of the Philippines The Catholic Bishops' Conference of the Philippines; ceb, Hugpong sa mga Obispo nga Katoliko sa Pilipinas; bcl, Komperensya kan mga Obispo Katoliko kan Pilipinas; hil, Komperensya sang mga Obispo Katoliko sang Pilipinas; ilo, Kumperensya ti ...

, and by business groups such as the

Makati Business Club The Makati Business Club is a private non-profit business association in the Philippines founded in 1981 to promote the role of the business sector in national development efforts. Counting senior executives from some of the Philippines' largest ...

, in actively fighting the proliferation of human rights abuses during the period.

Conflicts after 1986

After Marcos was removed from power through the mostly-peaceful

People Power revolution The People Power Revolution, also known as the EDSA Revolution or the February Revolution, was a series of popular Demonstration (people), demonstrations in the Philippines, mostly in Metro Manila, from February 22 to 25, 1986. There was a ...

of 1986, the

Reform the Armed Forces Movement The Reform the Armed Forces Movement, also referred to by the acronym RAM, was a cabal of officers of the Armed Forces of the Philippines (AFP) known for several attempts to seize power in the Philippines during the 1980s and 1990s. In 1986, som ...

launched numerous coups to overthrow the government, while conflicts continued with the MNLF, MILF, CCP, and smaller groups like the CPLA. Ideological differences in the CCP resulted in various groups who rejected its adherence to Maoist orthodoxy splitting into more than a dozen smaller groups, including the Revolutionary Workers' Party of the Philippines.

Red-tagging

In recent years, international organizations including the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...

, and

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...

have called attention to the continued practice of red-tagging as a political tactic to stifle dissent in the Philippines. The practice, under which individuals or groups are labeled "communist" or "terrorist" regardless of their actual beliefs or affiliations, has been noted for frequently targeting human rights organizations, church or religious groups, health worker unions, the academe, and the mainstream media.

Religious extremist terrorism

Brothers Abdurajik Abubakar Janjalani and

Khadaffy Janjalani Khadaffy Abubakar Janjalani (also transliterated as Khadafy Janjalani, Khadafi Janjalani and Khaddafi Janjalani; March 3, 1975 – September 4, 2006) was the leader of the Moro militant group known as Abu Sayyaf and the leader of one of its ...

split from the MNLF in 1991 and established their own group, the Abu Sayyaf, which eventually became infamous for

bombing A bomb is an explosive weapon that uses the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-transmitted mechanica ...

kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...

s, assassinations,

extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...

, rape, child sexual assault, forced marriage, drive-by shootings,

and drug trafficking. On July 23, 2014, Abu Sayyaf leader

Isnilon Hapilon Isnilon Totoni Hapilon (March 10, 1968 – October 16, 2017), also known by the ''nom de guerre'' Abu Abdullah al-Filipini, was a Moro Filipino Islamist militant affiliated with ISIS. He was formerly leader of Abu Sayyaf Group, before its bat ...

swore an

oath of loyalty An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...

to Abu Bakr al-Baghdadi, the leader of the

Islamic State of Iraq and the Levant An Islamic state is a State (polity), state that has a form of government based on sharia, Islamic law (sharia). As a term, it has been used to describe various historical Polity, polities and theories of governance in the Islamic world. As a t ...

(ISIL). In September 2014, the group began kidnapping people for ransom, in the name of ISIL. However, in the leadup to the passage and signing of the Anti-Terror Act of 2020, President Rodrigo Duterte said that his administration would focus on "communists." He called the Abu Sayyaf "terrorists of no value," saying "''Actually the number one threat to the country, hindi Abu Sayyaf, hindi mga terorista of no value. Itong high-value targets itong mga komunista''" ("Actually the number one threat to the country is not the Abu Sayyaf Group, not terrorists of no value. The high-value targets are the communists")."

Legislative history

Human Security Act of 2007

The Anti-Terrorism Act of 2020 repeals the Human Security Act of 2007, making changes to some of the provisions as well as the definitions under terrorism. Senator

Panfilo Lacson Panfilo "Ping" Morena Lacson Sr. (; born June 1, 1948) is a Filipino former politician and police general who served as a Senate of the Philippines, Senator for three terms: from 2001 to 2013 and from 2016 to 2022. He was the Chief of the Phil ...

, one of the principal authors of the Anti-Terrorism Act of 2020, said that the Human Security Act of 2007 was a "dead letter law" because it has been "severely underutilized" as it only resulted in a single convicted felon and had only one proscribed organization, the Abu Sayyaf.

Senate Bill No. 1083

The bill was prepared by the Committees on National Defense and Security; Peace, Unification and Reconciliation; and Finance with the following as authors: *

* Lito Lapid * Imee Marcos * Bong Revilla * Ronald "Bato" dela Rosa *

Tito Sotto Vicente Castelo Sotto III (; born August 24, 1948), professionally known as Tito Sotto, is a Filipino politician, entertainer and athlete who served as Senate President from 2018 to 2022. Before that, had two stints each as Senate Majority Lea ...

It was approved by the Senate on February 26, 2020 with the following 19 voting in the affirmative: * Sonny Angara * Nancy Binay *

Pia Cayetano Pilar Juliana Schramm Cayetano KGCR (born March 22, 1966), known as Pia Cayetano, is a Filipina politician and lawyer serving as a Senator since 2019, a position she previously held from 2004 to 2016. She was also the Representative of Tagui ...

* Ronald "Bato" dela Rosa * Minority Leader

Franklin Drilon Franklin Magtunao Drilon (born November 28, 1945) is a Filipino lawyer and former politician. He had the longest tenure in the Senate of the Philippines (tied with Lorenzo Tañada, Tito Sotto and incumbent Loren Legarda), having served four no ...

* Grace Poe * Imee Marcos * Lito Lapid *

Joel Villanueva Emmanuel Joel Jose Villanueva (, born August 2, 1975), nicknamed "Tesdaman", is a Filipino politician serving as the Senate Majority Leader since 2022 and has been a Senator since 2016. He previously served as the Director General of the Techn ...

* Cynthia Villar * Manny Pacquiao * Win Gatchalian *

Bong Go Christopher Lawrence "Bong" Tesoro Go (; born June 14, 1974) is a Filipino politician serving as a Senator since 2019. He previously served in the Cabinet of President Rodrigo Duterte as Special Assistant to the President and Head of the Presi ...

Richard J. Gordon Richard Juico Gordon (born August 5, 1945) is a Filipino lawyer and politician who most recently served as a Senate of the Philippines, Senator from 2016 to 2022, and previously from 2004 to 2010. He is the chairman and CEO of the Philippine R ...

* Panfilo Lacson * Bong Revilla * Senate President Tito Sotto *

Francis Tolentino Francis N Tolentino (; is a Filipino politician and lawyer serving as a Senator since 2019. He served as Chairman of the Metropolitan Manila Development Authority (MMDA) from 2010 to 2015 and was the Mayor of Tagaytay from 1995 to 2004. For ...

* Majority Leader Juan Miguel Zubiri The following senators dissented: *

Risa Hontiveros Ana Theresia Navarro Hontiveros-Baraquel (; born February 24, 1966) is a Filipino politician, community leader, and journalist who has been serving as a senator of the Philippines since 2016. She previously served as a party-list representa ...

Kiko Pangilinan Francis Pancratius "Kiko" Nepomuceno Pangilinan (; born August 24, 1963) is a Filipino lawyer, politician, and farm owner who served as a Senator from 2001 to 2013 and from 2016 to 2022. He was the Senate Majority Leader from 2004 to 2008. A ...

House Bill No. 6875

The bill was introduced by the following representatives and filed on May 30, 2020. Out of the 71 original authors, 15 members had their names stricken out as the authors of the controversial bill. The bill was approved on final reading on June 3, 2020, as an adoption of the earlier version approved by Senate. An additional 5 withdrew their authorship afterwards.Go to http://congress.gov.ph, do search for "6875", click 18th Congress, click "History" * Raneo E. Abu – Batangas, 2nd District * Cyrille "Beng" F. Abueg-Zaldivar – Palawan, 2nd District * Maria Fe R. Abunda – Eastern Samar, Lone District, ''withdrew authorship on June 2, 2020'' * Resurreccion M. Acop – Antipolo, 2nd District * Michael Edgar Y. Aglipay – Party List – DIWA * Marlyn "Len" B. Alonte – Biñan, Lone District, ''withdrew authorship on June 2, 2020'' * Cristal S. Bagatsing – Manila, 5th District, ''withdrew authorship on June 2, 2020'' * Robert Ace S. Barbers – Surigao del Norte, 2nd District * Julienne "Jam" A. Baronda – Iloilo City, Lone District, ''withdrew authorship on June 3, 2020'' * Joseph Sto. Niño B. Bernos – Abra, Lone District * Rozzano Rufino B. Biazon – Muntinlupa, Lone District, Principal author, later disowned bill as it "only copied Senate version". ''Withdrew authorship June 3, 2020'' * Lianda B. Bolilia – Batangas, 4th District, ''withdrew authorship on June 3, 2020'' * Juan Pablo "Rimpy" P. Bondoc – Pampanga, 4th District * Narciso "Bong" Recio Bravo, Jr. – Masbate, 1st District * Jorge "PATROL" Bustos – Party List – PATROL * Argel Joseph T. Cabatbat – Party List – MAGSASAKA, ''withdrew authorship on June 2, 2020'' * Manuel DG. Cabochan III – Party List – MAGDALO, ''withdrew authorship on June 2, 2020'' * Arnold "Noli" D. Celeste – Pangasinan, 1st District * Ma. Theresa V. Collantes – Batangas, 3rd District * Anthony Peter "Onyx" D. Crisologo – Quezon City, 1st District, ''withdrew authorship on June 3, 2020'' * Manuel Jose "Mannix" M. Dalipe – Zamboanga City, 2nd District * Francisco G. Datol Jr. – Party List –

SENIOR CITIZENS Old age refers to ages nearing or surpassing the life expectancy of human beings, and is thus the end of the human biological life cycle, life cycle. Terms and euphemisms for people at this age include old people, the elderly (worldwide usage ...

* Presley C. De Jesus – Party List – PHILRECA * Adriano A. Ebcas – Party List – AKO PADAYON PILIPINO * Evelina G. Escudero – Sorsogon, 1st District, ''withdrew authorship on June 3, 2020'' * Conrad M. Estrella III – Party List – ABONO * Ria Cristina G. Fariñas – Ilocos Norte, 1st District, ''withdrew authorship on June 2, 2020'' * Danilo "Dan" S. Fernandez – Laguna, 1st District * Lawrence "Law" H. Fortun – Agusan del Norte, 1st District, ''withdrew authorship on June 2, 2020'' * Pablo John F. Garcia – Cebu, 3rd District * Ciriaco B. Gato Jr. – Batanes, Lone District * Ruwel Peter S. Gonzaga – Davao de Oro, 2nd District * Aurelio "Dong" D. Gonzales, Jr. – Pampanga, 3rd District, ''withdrew authorship on June 3, 2020'' * Neptali M. Gonzales II – Mandaluyong, Lone District * Michael B. Gorriceta – Iloilo, 2nd District, ''withdrew authorship on June 3, 2020'' * Ferdinand L. Hernandez – South Cotabato, 2nd District, ''withdrew authorship on June 4, 2020'' * Bernadette "BH" Herrera-Dy – Party List – BH, ''withdrew authorship on June 4, 2020'' * Wilton "Tonton" Tan Kho – Masbate, 3rd District * Loren Legarda – Antique, Lone District, ''requested name be removed'' after being "mistakenly" referred to as coauthor * Dahlia A. Loyola – Cavite, 5th District * Rodante D. Marcoleta – Party List – SAGIP * Ruth Mariano-Hernandez – Laguna, 2nd District, ''withdrew authorship on June 2, 2020'' * Francisco Jose "Bingo" F. Matugas II – Surigao del Norte, 1st District * John Marvin "Yul Servo" C. Nieto – Manila, 3rd District, ''withdrew authorship on June 8, 2020'' * Jericho Jonas "Koko" Bendigo Nograles – Party List – PBA * Henry S. Oaminal – Misamis Occidental, 2nd District * Joseph Stephen "Caraps" S. Paduano – Party List –

ABANG LINGKOD Abang Lingkod () is a political organization with representation in the House of Representatives of the Philippines. It aims to represent the interest of Filipino farmers and fishermen. History Abang Lingkod registered on December 22, 2009, to ...

* Wilter "Sharky" Wee Palma II – Zamboanga Sibugay, 1st District * Alberto "Bobby" Dapidran Pacquiao – Party List – OFW FAMILY * Eddiebong G. Plaza – Agusan del Sur, 2nd District * Roberto "Robbie" Villanueva Puno – Antipolo, 1st District * Strike Bautista Revilla – Cavite, 2nd District * Michael Odylon L. Romero – Party List – 1-PACMAN * Ferdinand Martin Gomez Romualdez – Leyte, 1st District * Xavier Jesus D. Romualdo – Camiguin, Lone District * Rogelio Neil P. Roque – Bukidnon, 4th District * Hector S. Sanchez – Catanduanes, Lone District *

Vilma Santos-Recto Rosa Vilma Tuazon Santos-Recto (, born November 3, 1953) is a Filipino actress, singer, dancer, TV host, producer, and politician. She served as a House Deputy Speaker since 2019 to 2022 and as the Representative of Batangas' 6th district since ...

– Batangas, 6th District * Edgar Mary S. Sarmiento – Samar, 1st District * Deogracias Victor "DV" Savellano – Ilocos Sur, 1st District * Rowena "Niña" O. Taduran – Party List – Party List

ACT-CIS The ACT-CIS Partylist, officially the Anti-Crime and Terrorism Community Involvement and Support Partylist, is a political organization which has party-list representation in the House of Representatives of the Philippines. They are supported pr ...

* Samier A. Tan – Sulu, 1st District * Sharee Ann T. Tan – Samar, 2nd District, ''withdrew authorship on June 3, 2020'' * Jose "Ping-Ping" I. Tejada – North Cotabato, 3rd District, ''withdrew authorship on June 7, 2020'' * John Reynald Marcelo Tiangco – Navotas, Lone District * Jocelyn P. Tulfo – Party List – Party List

* Raul "Boboy" C. Tupas – Iloilo, 5th District * Vicente "Ching" S.E. Veloso – Leyte, 3rd District * Luis Raymund "LRay" Favis Villafuerte, Jr. – Camarines Sur, 2nd District * Camille A. Villar – Las Piñas, Lone District *

Eric Go Yap Eric Go Yap (born May 11, 1979) is a Filipino politician serving as the Representative for Benguet's lone congressional district since 2022, and was the district's legislative caretaker from January 2020 until he was elected in his own right. H ...

– Party List – Party List

The House of Representatives voted 173–31 in favor of the bill, with 29 abstentions, but was corrected to 168–36 a day after to reflect corrections and retractions from members. The members voted in the plenary and via

Zoom Zoom may refer to: Technology Computing * Zoom (software), videoconferencing application * Page zooming, the ability to magnify or shrink a portion of a page on a computer display * Zooming user interface, a graphical interface allowing for image ...

and recorded in their "All Members"

Viber Viber, or Rakuten Viber, is a cross-platform voice over IP (VoIP) and instant messaging (IM) software application owned by Japanese multinational company Rakuten, provided as freeware for the Google Android, iOS, Microsoft Windows, Apple macOS a ...

community

Republic Act No. 11479: Signing of the law

The law was signed by President

on July 3, 2020, in the midst of the ongoing

COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...

and comes as part of the Philippines continued fight against terrorism in its borders. Proponents of the law have cited the

siege of Marawi The siege of Marawi ( fil, Pagkubkob sa Marawi), also known as the Marawi crisis (), and the Battle of Marawi (), was a five-month-long armed conflict in Marawi, Philippines, that started on May 23, 2017, between Government of the Philippines, ...

in 2017 as well as criminal activities from the

Islamic State An Islamic state is a State (polity), state that has a form of government based on sharia, Islamic law (sharia). As a term, it has been used to describe various historical Polity, polities and theories of governance in the Islamic world. As a t ...

-linked Abu Sayyaf group, New People's Army Communist Rebels, and other supposed emerging threats to peace and public safety. According to Justice Secretary Menardo Guevarra, the law took effect on July 18, 2020, 15 days after it was published in the website of the '' Official Gazette''. The Department of Justice released the law's implementing rules and regulations on October 16, 2020.

Proposal for repeal

In 2022, Kabataan party-list Rep.

Raoul Manuel Raoul Danniel Abellar Manuel (born August 30, 1994) is a Filipinos, Filipino youth activist and politician who is the House of Representatives of the Philippines, representative for Kabataan, Kabataan Party-list. He is currently the National Pr ...

, ACT Teachers party-list Rep. France Castro, and Gabriela women’s party-list Rep.

Arlene Brosas Arlene D. Brosas (born October 30, 1976) is a Filipina educator, child rights activist, and politician. She is a member of the Philippine House of Representatives for the 19th Congress and was part of the 18th Congress under the Gabriela Women ...

filed a bill in Congress that sought to repeal the Anti-Terrorism Act of 2020, which supposedly violates the Philippines’ international commitment to uphold human rights.

Legal challenges in the Supreme Court

The law is currently being challenged in the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

by multiple groups. Oral arguments began on February 2, 2021, after it was initially delayed due to the

. 37 petitions were filed before the Supreme Court. On December 9, 2021, the Supreme Court announced that except for the qualifier to the proviso in Section 4 of R.A. No. 11479, ''i.e.'', "… 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" and the second method for designation in Section 25 paragraph 2 of the same law, ''i.e.'', "Request for designation by other jurisdictions or supranational jurisdictions," the rest of the challenged provisions of the law are declared not unconstitutional. It further advised the parties and the public to await the publication of the decision and the separate opinions for the explanation of the votes.

Responses and reactions

International

United States

On July 15, 2020, 50 members of the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

urged Ambassador

Jose Manuel Romualdez Jose Manuel "Babe" del Gallego Romualdez (born November 8, 1947) is a Filipino journalist, publisher and business executive who is the current Ambassador of the Philippines to the United States. He previously served as Special Envoy of Preside ...

to request the Government of the Philippines to consider repealing the "oppressive and unnecessary legislation". The 50 representatives are: *

Raul Grijalva Raul, Raúl and Raül are the Italian, Portuguese, Romanian, Spanish, Galician, Asturian, Basque, Aragonese, and Catalan forms of the Anglo-Germanic given name Ralph or Rudolph. They are cognates of the French Raoul. Raul, Raúl or Raül may re ...

( D) representing Arizona's 3rd congressional district * Mike Thompson (D) representing

California's 5th congressional district California's 5th congressional district is a U.S. congressional district in California. The district is located in the northern San Joaquin Valley and central Sierra Nevada. The district includes all of Amador, Calaveras, Tuolumne and Mar ...

* Barbara Lee (D) representing California's 13th congressional district *

Jackie Speier Karen Lorraine Jacqueline Speier ( ; born May 14, 1950) is an American lawyer and politician serving as the U.S. representative for , serving in Congress since 2008. She is a member of the Democratic Party. The district, numbered as the 12th Distr ...

(D) representing

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* Eric Swalwell (D) representing

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(D) representing California's 18th congressional district * Judy Chu (D) representing California's 27th congressional district *

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(D) representing

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(D) representing

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* Jimmy Gomez (D) representing

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(D) representing

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* Katie Porter (D) representing

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(D) representing

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* Hank Johnson (D) representing

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(D) representing

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(D) representing Illinois's 9th congressional district *

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(D) representing Maryland's 8th congressional district * Jim McGovern (D) representing

Massachusetts' 2nd congressional district Massachusetts's 2nd congressional district is located in central Massachusetts (Central Massachusetts is the geographically central region of Massachusetts). It contains the cities of Worcester, which is the second-largest city in New England af ...

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(D) representing Massachusetts' 8th congressional district *

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(D) representing

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(D) representing

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* Betty McCollum (D) representing

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(D) representing

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* Chris Smith ( R) representing New Jersey's 4th congressional district * Deb Haaland (D) representing New Mexico's 1st congressional district * Nydia Velazquez (D) representing

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(D) representing New York's 12th congressional district *

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(D) representing

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* Paul Tonko (D)representing

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(D) representing

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* Suzanne Bonamici (D) representing

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(D) representing

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* Eleanor Holmes Norton (D) representing

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

United Nations

On June 30, 2020, at the 44th regular session of the UN Human Rights Council in Geneva, Switzerland. The UN High Commissioner for Human Rights Michelle Bachelet has criticized the then proposed bill saying it could have a "chilling effect" on human rights work in the country and called for restraint on signing the bill from President Duterte.

Amnesty International

Nicholas Bequelin,

's Asia-Pacific Regional Director, has said upon hearing news of the law being signed:

Greenpeace

The Southeast Asia office of

Greenpeace Greenpeace is an independent global campaigning network, founded in Canada in 1971 by Irving Stowe and Dorothy Stowe, immigrant environmental activists from the United States. Greenpeace states its goal is to "ensure the ability of the Earth t ...

urged the repeal of the Anti-Terrorism Act of 2020 due to its "sweeping definition of terrorism" which it said could be abused to stifle dissent.

Others

The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...

'' called the bill's enactment as "another nail in the coffin of the Philippines' waning democracy." ''

The Diplomat ''The Diplomat'' is an international online news magazine covering politics, society, and culture in the Indo-Pacific region. It is based in Washington, D.C. It was originally an Australian bi-monthly print magazine, founded by Minh Bui Jones ...

'' has stated that the law "takes aim at dissent." While

Al Jazeera Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazeera ...

notes that the law is "poised to cause more terror." Various international artists have expressed dissent against the legislation, including

Taylor Swift Taylor Alison Swift (born December 13, 1989) is an American singer-songwriter. Her discography spans multiple genres, and her vivid songwriting—often inspired by her personal life—has received critical praise and wide media coverage. Bor ...

. Swedish environmental activist

Greta Thunberg Greta Tintin Eleonora Ernman Thunberg (; born 3 January 2003) is a Swedish environmental activist who is known for challenging world leaders to take immediate action for climate change mitigation. Thunberg's activism began when she persuaded ...

also joined the petition against anti-terrorism law.

Local

Bangsamoro Autonomous Region in Muslim Mindanao

On July 2, 2020, the

Bangsamoro Parliament , legislature = 2nd BTA (Interim) Parliament , linking_name = , coa_pic = Bangsamoro_Parliament_Seal.png , coa_res = , session_room = File:BARMM lawmakers refile local governance code.jpg , sessi ...

passed a resolution urging President Rodrigo Duterte to veto the anti-terrorism bill, arguing that it would lead to abuses and would unfairly target

Muslim Filipinos Islam was the first-recorded monotheistic religion in the Philippines. Islam reached the Philippines in the 14th century with the arrival of Muslim traders from the Persian Gulf, southern India, and their followers from several sultanates in th ...

who have historically faced

religious discrimination Religious discrimination is treating a person or group differently because of the particular beliefs which they hold about a religion. This includes instances when adherents of different religions, denominations or non-religions are treated u ...

. After the passage of the bill into law, Chief Minister

Murad Ebrahim Ahod Balawag Ebrahim (born 15 May 1949), better known as Al-hajj Murad Ebrahim, is a Moro Filipino politician and former rebel leader currently serving as the first chief minister of the Bangsamoro Autonomous Region in Muslim Mindanao. As the cu ...

released a statement saying that Bangsamoro regional government fully respects President Duterte's decision to sign the bill into law and that it would seek representation in the Anti-Terrorism Council. In response, presidential spokesperson Harry Roque pointed out that the law does not provide for a council seat for the Bangsamoro regional government although the same law mandates the council to coordinate with the autonomous region's government.

Philippine Independence Day protests

More than 1,000 students and human rights activists gathered inside the

UP Diliman , image = University of The Philippines seal.svg , image_size = 175px , caption = Official Logo of UP Diliman , motto = Honor and Excellence , established = February 12, 194 ...

campus on June 12, 2020, coinciding on 122nd Independence Day from Spanish colonial rule, dubbed it as "Grand Mañanita". They called for the government to "junk" the proposed bill stating fears that it would curtail basic human rights and freedom of speech and dissent. The rally was held despite a government ban on mass gatherings under the general community quarantine in

Metro Manila Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the capital region, seat of government and one of three List of metrop ...

and other parts of the country because of the pandemic. Protesters could be seen wearing masks and practicing social distancing. Similar demonstrations were held by activists in various cities such as

Baguio Baguio ( , ), officially the City of Baguio ( ilo, Siudad ti Baguio; fil, Lungsod ng Baguio), is a 1st class highly urbanized city in the Cordillera Administrative Region, Philippines. It is known as the "Summer Capital of the Philippines", ...

, Legazpi, and

Cebu City Cebu City, officially the City of Cebu ( ceb, Dakbayan sa Sugbo; fil, Lungsod ng Cebu; hil, Dakbanwa sang Sugbo), is a 1st class Cities of the Philippines#Legal classification, highly urbanized city in the Central Visayas Regions of the P ...

. Demonstrations were also held at other universities such as the

De La Salle University De La Salle University ( fil, Pamantasang De La Salle or Unibersidad ng De La Salle), also referred to as DLSU, De La Salle or La Salle, is a private university, private, Catholic Church, Catholic coeducational research university run by the I ...

in Manila. Activist Mae Paner also present at the event, dressed up like Metro Manila Police Chief

Debold Sinas Debold Menorias Sinas (born May 8, 1965) is a Filipino retired police general who served as Chief of the Philippine National Police (PNP) from November 2020 to May 2021. During his tenure, he oversaw the COVID-19 community quarantines in the Ph ...

who was faced controversy over his birthday celebration on May 8, 2020, which the police called it "Mananita".

Churches and religious organizations

The National Council of Churches in the Philippines, a fellowship of ten Philippine Protestant denominations, denounced the bill as "a travesty against God's will as it gives the government, or even just a few persons in the Anti-terrorism Council, the absolute power that determines what course people's lives will take by putting forward a very vague definition of terrorism." The

Philippine Council of Evangelical Churches The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...

had likewise expressed reservations about the bill, saying "We firmly believe this Act imperils the rights of Filipinos and sense of dignity which, having its origin in God, our laws are called to uphold and protect." The PCEC specifically cited "vague definitions of terrorism, and the extended period of warrantless detention, which opens the way to serious abuses of a person's rights and dignity" as reasons for concern.

Others

The National Federation of Peasant Women (Amihan) have said that the rising cases of red-tagging in the country confirm the prevalent criticisms against the controversial legislation. The Association of Major Religious Superiors in the Philippines (AMRSP), which brings together the heads of men and women religious orders in the country, have expressed their dissent against the law, which they say may "assault human dignity and human rights." Various Filipino artists have also expressed disappointment and dissent against the signing of the bill. Members of the Filipino art community have also expressed their dissent. But Dr. Rommel C. Banlaoi, Chairman of the Philippine Institute for Peace, Violence and Terrorism defends the need to have a new Philippine anti-terrorism law as threats of terrorism in the Philippines have escalated even during the COVID-19 pandemic. Nonetheless, Dr. Banlaoi encourages those opposed to the anti-terrorism law to continue what they are doing in order to remain vigilant and to ensure human rights protection during the implementation of the said law. Celebrities, including former

Miss Universe Miss Universe is an annual international beauty pageant that is run by a United States and Thailand based Miss Universe Organization.Natalie Tadena (July 2, 2015"Donald Trump's Miss USA Pageant Lands on Reelz Cable Channel". ''The Wall Stre ...

titlists

Gloria Diaz Gloria Maria Aspillera Diaz (; born 10 March 1951) is a Filipino actress of film and television, model and beauty queen who rose to fame after being crowned Miss Universe 1969, becoming the first Filipino to hold the Miss Universe title. Early ...

, Pia Wurtzbach, and Catriona Gray, voiced their opposition to the bill.

Youth

The UP Diliman also took a knee in solidarity with

Black Lives Matter Black Lives Matter (abbreviated BLM) is a decentralized political and social movement that seeks to highlight racism, discrimination, and racial inequality experienced by black people. Its primary concerns are incidents of police bruta ...

and the fight against police brutality after George Floyd was murdered by the police officer while being arrested for allegedly using a counterfeit bill in

Minneapolis Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. Minneapolis has its origins ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

. Seven protesters from

University of the Philippines The University of the Philippines (UP; fil, Pamantasan ng Pilipinas Unibersidad ng Pilipinas) is a state university system in the Philippines. It is the country's national university, as mandated by Republic Act No. 9500 (UP Charter of 200 ...

and one bystander who were condemning the controversial anti-terror bill were arrested in

for alleged violations of general community quarantine (GCQ) guidelines. Dubbed as "Cebu 8", the detainees have spent 36 hours in detention. PNP Central Visayas denied the allegations that they used excessive force to disperse the anti-terror bill protests. Following the protests against the controversial anti-terrorism bill, several cloned Facebook accounts have been created on the platform. It started with

University of the Philippines Cebu The University of the Philippines Cebu (; ; also referred to as UPC or UP Cebu) is a public research university and the youngest constituent university of the University of the Philippines System located in Cebu City, the capital city of Cebu pr ...

on June 6, 2020, who have been targeted by the newly created, duplicated Facebook accounts of themselves. It later targeted the residents in Metro Manila, Iloilo, Dumaguete, and Cagayan de Oro City, and other areas, who have engaged in protests against the bill. As a result, the hashtag #HandsOffOurStudents trended on Twitter, which the netizens condemned the creation of fake accounts. Department of Justice Secretary Menardo Guevarra expressed concern over the matter and ordered the agency's cybercrime division to coordinate with the NBI and the PNP to investigate the matter.

References

{{Rodrigo Duterte 2020 in law 2020 in the Philippines 2020 controversies Philippine legislation Duterte administration controversies Terrorism laws

Overview

Definition of terrorism

Creation of Anti-Terrorism Council

Warrantless arrest

Removal of safeguard against wrongful detention

Background

Branding of "rebel groups" in Philippine history

Groups branded "insurrectos" during the colonial era and World War II

Opposition groups during the Marcos administration

Conflicts after 1986

Red-tagging

Religious extremist terrorism

Legislative history

Human Security Act of 2007

Senate Bill No. 1083

House Bill No. 6875

Republic Act No. 11479: Signing of the law

Proposal for repeal

Legal challenges in the Supreme Court

Responses and reactions

International

United States

United Nations

Amnesty International

Greenpeace

Others

Local

Bangsamoro Autonomous Region in Muslim Mindanao

Philippine Independence Day protests

Churches and religious organizations

Others

Youth

See also

References