Philippine Anti-Terrorism Laws (RA 11479 & RA 10168)

Republic Act No. 11479, the Anti-Terrorism Act of 2020.

To define and penalize terrorism and related acts while establishing investigative, preventive, and procedural safeguards.

The government body established under RA 11479 to perform specified counterterrorism policy, designation, and coordination functions.

No. The law excludes specified advocacy, protest, dissent, and similar activities when they do not meet its statutory conditions for terrorism.

The prosecution must establish the particular statutory intent and conduct required by the offense.

An administrative process identifying persons or groups under the statutory designation framework, distinct from criminal conviction.

A judicial process for declaring an organization, association, or group as terrorist under the requirements of the law.

Designation is undertaken through the statutory administrative framework; proscription requires judicial proceedings.

No. Criminal conviction requires prosecution and proof of every element beyond reasonable doubt.

The Terrorism Financing Prevention and Suppression Act of 2012.

Specified acts of financing terrorism and related prohibited dealings with funds or property.

Terrorism financing concerns funds intended or used for terrorism; money laundering concerns specified dealings involving proceeds of unlawful activity.

Republic Act No. 9208, as amended by RA 10364 and RA 11862.

Specified acts of recruitment, transportation, transfer, harboring, receipt, or related conduct for exploitation through means covered by the statute, with special rules for children.

No. Trafficking can occur entirely within the Philippines.

No. The statute provides special rules for child trafficking that do not require the same prohibited means.

No. Consent is legally immaterial in circumstances specified by the anti-trafficking law.

Trafficking committed under circumstances specifically designated by law as qualifying circumstances.

Electronic communications may establish recruitment, inducement, coordination, exploitation, or other statutory elements.

The Expanded Anti-Trafficking in Persons Act of 2022, further amending the Philippine anti-trafficking framework.

Republic Act No. 9745, the Anti-Torture Act of 2009.

Persons acting in an official capacity or with the involvement, consent, or acquiescence specified by the law, subject to its elements.

An intentional act causing severe pain or suffering of a physical nature for a purpose prohibited by the statute.

Conduct causing severe mental or psychological pain or suffering through acts prohibited by the statute.

No. An order from a superior is not a lawful justification for torture.

No. RA 9745 prohibits torture without such justification.

It supports protection, documentation, and investigation of alleged torture and related injuries.

The Anti-Enforced or Involuntary Disappearance Act of 2012.

Deprivation of liberty involving state participation or acquiescence followed by refusal to acknowledge it or concealment of the person's fate or whereabouts.

It may form part of the offense of enforced disappearance and obstruct legal protection against unlawful detention.

No. The law does not recognize such circumstances as a justification.

They help establish accountability, document custody, and protect detainees against disappearance and unlawful detention.

Republic Act No. 8049, as amended by RA 11053.

To strengthen the prohibition against hazing and establish liability and safeguards for initiation activities.

No. Consent does not legalize acts prohibited by the Anti-Hazing Act.

Potentially yes, when the specific statutory requirements for that person's liability are met.

They support compliance with the safeguards prescribed by the Anti-Hazing Act.

The Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

To provide special protection for children against specified abuse, exploitation, and discrimination.

No. The prosecution must prove the elements of the particular provision charged.

The Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act.

Online Sexual Abuse or Exploitation of Children.

Child Sexual Abuse or Exploitation Materials.

To prevent and penalize online sexual abuse or exploitation of children and offenses involving child sexual abuse or exploitation materials.

No. Conduct committed through digital or online means may satisfy the statutory elements.

The Cybercrime Prevention Act of 2012.

Accessing the whole or any part of a computer system without right.

Interception by technical means, without right, of nonpublic transmissions of computer data as defined by law.

Intentional acquisition, use, misuse, transfer, possession, alteration, or deletion of another person's identifying information without right, as defined by law.

It helps prevent loss or alteration of potentially relevant electronic evidence while lawful investigative procedures are followed.