(Speech via powerpoint presentation delivered by Sr. Cres Lucero, executive director of Task Force Detainees of the Philippines during the Stakeholders Forum on Human Security Act sponsored by Lahra, City Councilor Maglinao as chairperson of the Committee on Human Rights and by UCCP church on September 7, 2007 @ Patio Alejandra Restor)
Consists of 62 sections: Incoherent, disorganized and disjointed law
NO discernible structure
NO headings or sub-headings
NO groupings of sections
NO logical connection between/among provisions
Some sections CONTRADICT each other
Other sections simply MAKE NO SENSE
CRIMINALIZES “terrorism;” 4 elements
For PURPOSE of COERCING government, To GIVE IN to an “UNLAWFUL” DEMAND.
An AGREEMENT Between 2 or MORE PERSONS
To COMMIT crime of “terrorism” And a DECISION to COMMIT it
Vagueness of definition of “terrorism” renders it easy to SUSPECT ANYONE OF ENGAGING IN A CONSPIRACY
PENALIZES
“Terrorism” – 40 years imprisonment without parole
“Conspiracy to Commit Terrorism” – 40 years imprisonment without parole“Accessories” (Those who KNOW ABOUT terrorism or conspiracy to commit terrorism, DID NOT PARTICIPATE in it, BUT (a) DIRECTLY PROFITTED or ASSISTED offender to profit from crime; or (b) CONCEALED or DESTROYED body, effects or instruments of crime to prevent discovery; or (c) HARBORED, CONCEALED, or ASSISTED in ESCAPE of principal or conspirator of crime ) – 10 years and 1 day to 12 years imprisonment
Allows WARRANTLESS ARRESTS (Sec. 18, HSA)
When person has committed, is actually committing or is attempting to commit an offense IN PRESENCE of arresting officer
When offense has just been committed and arresting officer has probable cause to believe BASED ON PERSONAL KNOWLEDGE OF FACTS AND CIRCUMSTANCES that person to be arrested committed offense
When person escaped from prison or detention or while being transferred
Authorizes PREVENTIVE DETENTION
3 days detention WITHOUT CHARGES from moment of apprehension/arrest
Extended (“Custodial”) detention authorized in writing by:
Municipal, city, provincial or regional official of a Human Rights Commission
Municipal Trial Court Judge
Regional Trial Court Judge
Sandiganbayan Justice
Court of Appeals Justice
Approval in writing issued within 5 DAYS from date of detention
Rights under CUSTODIAL DETENTION
To remain silent
To competent and independent counsel preferably of choice; if custodial detainee cannot afford lawyer, arresting/detaining officer must immediately contact free legal assistance unit of Integrated Bar of the
To communicate freely with counsel and confer with counsel at any time without restrictions
To communicate freely and privately without restrictions with members of family or nearest relatives
To freely avail of services of physician of choice
To be free from torture, threat, intimidation, coercion that vitiates free will
Provides CONTRADICTORY Procedures
BEFORE detention, arresting officer must bring arrested person to judge nearest place of arrest anytime day or night. Judge must
Ascertain identity of arresting officer
Ascertain identity of arrested person
Inquire into reasons for arrest
Determine, by questioning and personal observation, whether arrested person was subjected to physical, moral or psychological torture, by whom and why
Within 3 calendar days, submit report to court with jurisdiction over arrested person
Authorizes SURVEILLANCE and WIRETAPPING
Allows SEQUESTRATION and FREEZING of assets
Authorizes Payment of DAMAGES
PhP 500,000 PER DAY for those accused but ACQUITTED of terrorism
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