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R. Human Security Act of 2007

1. CRIMES

a. Terrorism

Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

Under RPC:

1) Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

2) Article 134 (Rebellion or Insurrection);

3) Article 134-a (Coup d’ Etat), including acts committed by private persons;

4) Article 248 (Murder);

5) Article 267 (Kidnapping and Serious Illegal Detention);

6) Article 324 (Crimes Involving Destruction); or,

Under Special Laws:

1) Presidential Decree No. 1613 (The Law on Arson);

2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

3) Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

4) Republic Act No. 6235 (Anti-Hijacking Law);

5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,

6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

… thereby sowing and creating 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 be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. (Section 3, R.A. No. 9372, Human Security Act of 2012)

b. Conspiracy to Commit Terrorism

Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. (Section 4, Ibid.)

CONSPIRACY: There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same. (Paragraph 2, Section 4, Ibid.)

2. OFFENDERS

1) PRINCIPAL/CONSPIRATOR: Those who commit or conspire to commit the crime.

2) ACCOMPLICE: Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment. (Section 5, Ibid.)

3) ACCESSORY:  Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner:

(a) By profiting himself or assisting the offender to profit by the effects of the crime;

(b) By concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery;

(c) By harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. (Section 6, Ibid.)

NOTABLE JURISDPRUDENCE:

1) Southern Hemisphere Engagement Network Inc. v. Anti-Terrorism Council: Before a charge for terrorism may be filed under RA 9372, there must first be a predicate crime actually committed to trigger the operation of the key qualifying phrases in the other elements of the crime, including the coercion of the government to accede to an “unlawful demand.” (En Banc, G.R. No. 178552, 05 October 201)

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