OCA CIRCULAR NO. 79-2007, August 17, 2007

Republic Act No. 9372, otherwise known as the “Human Security Act
of 2007” took effect on July 15, 2007 . The law defines terrorism and
conspiracy to commit terrorism, and prescribes the functions of, among
others, the law enforcement authorities, the concerned agencies under
the Department of Justice and the different courts under the Judiciary.

All judges of the courts mentioned herein are advised to peruse and
analyze the provisions of the “Human Security Act of 2007.” Particular
attention should be given to the following provisions which relate to
the functions and responsibilities of the courts under the circumstances
described therein:

1. “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 [the] 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.”

2. “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 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 sui-veillance under Section 7 and examination of
   bank deposits under Section 27 of [the] Act.”

“The police or law enforcement personnel concerned shall, before
detaining the person suspected of the crime of terrorism, present him
or her before any judge at the latter’s residence or office nearest the
place where the arrest took place at any time of the day or night. It
shall be the duty of the judge, among other things, to ascertain the
identity of the police or law enforcement personnel and the person or
persons they have arrested and presented before him or her, to inquire
of them the reasons why they have arrested the person and determine by
questioning and personal observation whether or not the suspect has been
subjected to any physical, moral or psychological torture by whom and
why. The judge shall then submit a written report of what he/she had
observed when the subject was brought before him to the proper court
that has jurisdiction over the case of the person thus arrested.”

“The judge shall forthwith submit his/her report within three
calendar days from the time the suspect w ras brought to his/her
residence or office.”

“Immediately after taking custody of a person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism,
the police or law enforcement personnel shall notify in writing the
judge of the court nearest the place of apprehension or arrest-
Provided, That where the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice shall be served at
the residence of the judge nearest the place where the accused was
arrested. The penalty of ten (10) years and one day to twelve (12) years
of imprisonment shall be imposed upon the police or law enforcement
personnel who fails to not & any judge as provided in the preceding
paragraph.”

3. “SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. —
   In the event of an actual or imminent terrorist attack, suspects may
   not be detained for more than three days without the written approval of
   a municipal,-city, provincial or regional official of a Human Rights
   Commission or judge of the municipal, regional trial court, the
   Sandiganbayan or a justice of the Court of Appeals nearest the place of
   the arrest. If the arrest is made during Saturdays, Sundays, holidays or
   after office hours, the arresting police or law enforcement personnel
   shall bring the person thus arrested to the residence of any of the
   officials mentioned above that is nearest the place where the accused
   was arrested. The approval in writing of any of the said officials shall
   be secured by the police or law enforcement personnel concerned within
   five days after the date of the detention of the persons concerned.
   Provided, however, That within three days after the detention the
   suspects, whose connection with the terror attack or threat is not
   established, shall be released immediately.”

4. “SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. — The
   penalty often (10) years and one day to twelve (12) years of
   imprisonment shall be imposed upon any police or law enforcement
   personnel who has apprehended or arrested, detained and taken custody of
   a person charged with or suspected of the crime of terrorism or
   conspiracy to commit terrorism and fails to deliver such charged or
   suspected person to the proper judicial authority within the period of
   three days.”

5. “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.

He/she may also be placed under house arrest by order of the
court at his or her usual place of residence. While under house arrest,
he or she may not use telephones, cell phones, e- mails, computers, the
internet or other means of communications with people outside the
residence until otherwise ordered by the court.

The restrictions abovementioned shall be terminated upon the
acquittal of the accused or of the dismissal of the case filed against
him or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.

6. “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:
   (l) 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.”

“The accused or a person suspected of may withdraw such sums as
may be reasonably needed by the monthly needs of his family including
the services of his or her counsel and his or her family’s medical needs
upon approval of the court. He or she may also use any of his property
that is under seizure or sequestration or frozen because of his/her
indictment as a terrorist upon permission of the court for any
legitimate reason.”

“Any person who unjiistifiably refuses to follow the order of
the proper division of the Court of Appeals to allow the person accused
of the crime of terrorism or of the crime of conspiracy to commit
terrorism to withdraw such sums from sequestered or frozen deposits,
placements, trust accounts, assets and records as may be necessary for
the regular sustenance of his/her family or to use any of his/her
property that has been seized, sequestered or frozen for legitimate
purposes while his/her case is pending shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.”

7. “SEC. 40. Nature of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — The
   seized, sequestered and frozen bank deposits, placements, trust
   accounts, assets and records belonging to a person suspected of or
   charged with the crime of terrorism or conspiracy to commit terrorism
   shall be deemed as property held in trust by the bank or financial
   institution for such person and the government during the pendency of
   the investigation of the person suspected of or during the pendency of
   the trial of the person charged with any of the said crimes, as the case
   may be and their use or disposition while the case is pending shall be
   subject to the approval of the court before which the case or cases are
   pending.”

8. “SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records.
   — If the person suspected of or charged with the crime of terrorism or
   conspiracy to commit terrorism is found, after his investigation, to be
   innocent by the investigating body, or is acquitted, after his
   arraignment or his case is dismissed before his arraignment by a
   competent court, the seizure, sequestration and freezing of his bank
   deposits, placements, trust accounts, assets and records shall forthwith
   be deemed lifted by the investigating body or by the competent court,
   as the case may be, and his bank deposits, placements, trust accounts,
   assets and records shall be deemed released from such seizure,
   sequestration and freezing, and shall be restored concerned without any
   further action on his part. The filing of any appeal on motion for
   reconsideration shall not state the release of said funds from seizure,
   sequestration and freezing.”

“If the person charged with the crime of terrorism or conspiracy
to commit terrorism is convicted by a final judgment of a competent
trial court, his seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records shall be automatically
forfeited in favor of the government.”

“Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of Five hundred thousand pesos
(P500,000.00) a day for the period in which his properties, assets or
funds were seized shall be paid to him on the concept of liquidated
damages. The amount shall be taken from the appropriations of the police
or law enforcement agency that caused the filing of the enumerated
charges against him/her.”

9. “SEC. 48. Continuous Trial. — In
   cases of terrorism or conspiracy to commit terrorism, the judge shall
   set the case for continuous trial on a daily basis from Monday to Friday
   or other short-term trial calendar so as to ensure speedy trial.”

For information and guidance.

August 17, 2007.