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Anti-Terrorism Act’s IRR Amended

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The Anti-Terrorism Council (ATC) has adopted amendments to the Implementing Rules and Regulations (IRR) of Republic Act No. 11479, otherwise known as the Anti-Terrorism Act of 2020 (ATA), through Resolution No. 68, Series of 2024. These amendments are a product of collaboration between the ATC, the Department of Justice (DOJ), the Anti-Money Laundering Council (AMLC), the Department of National Defense, and the private sector. The amended IRR aims to ensure the efficient implementation of the ATA while safeguarding constitutional rights and due process in an era of technological advancements and other emerging operational and legal challenges.

 

Outlined below are the relevant amendments and new provisions of the ATA’s IRR:

 

 

  • Scope of Protected Speech (Rule 4.4)

Legitimate forms of expression and peaceful assembly such as advocacy, protest, dissent, stoppage of work, industrial or mass action, creative, artistic, and cultural expressions, or other similar exercises of civil and political rights are now explicitly protected under the ATA. Pursuant to the Supreme Court’s decision in Calleja v. Executive Secretary, the IRR now clearly distinguishes lawful activities from acts of terrorism. The paragraph providing that the enumerated acts “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” may be considered acts of terrorism has now been deleted.

 

 

  • Modernized Publication Requirements (Rule 6.7)

Vehicles for posting, publication, and dissemination of ATC resolutions of designations are now expanded by utilizing digital platforms such as the online official gazette and the official website of the ATC, and by adopting, if applicable, other measures and arrangements that will ensure speedy publication and dissemination of issuances. Additionally, the ATC, through the ATC Secretariat, shall also post, update, and maintain a consolidated ATC designation list on its website.

 

 

  • Humanitarian Exemptions on Frozen Funds (Rule 8.12)

To facilitate the granting of humanitarian exemptions on frozen assets, the AMLC is now tasked to determine the amount reasonably necessary for monthly family needs, legal representation, and medical expenses—a function that was formerly lodged with the ATC. The AMLC may also seek the assistance of relevant government agencies in determining the reasonableness of the amount to be withdrawn. 

 

 

  • Detention Protocols (Rule 9.3)

In accordance with Supreme Court directives on the proper safeguards during the detention of individuals under the law, the law enforcement agent or military personnel making the arrest, within twenty-four (24) hours from the arrest,  is required to notify through a written report, the Regional Trial Court within or nearest to the place of apprehension or arrest, the Commission on Human Rights, the detainee’s counsel, and any immediate family member, if known.

 

The written report, which may be filed personally or electronically, shall indicate whether the detainee has been afforded, among others, his or her constitutional right to know the nature or cause of the arrest, the right to remain silent, and the right to counsel. The detainee is also free to avail the service of an interpreter and a physician. He or she is also allowed to communicate freely and be visited by his or her legal counsel, family members, and relatives.

 

 

  • Production of Records of Telecommunication Companies and Internet Service Providers (Rule 5.4)

Telecommunications and internet service providers are required upon notice to preserve relevant subscriber information, transactional and content data, and other metadata of any person suspected of any crimes of terrorism for investigation purposes. This amendment is aligned with the provision on the preservation of computer data for law enforcement purposes under Section 13 of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012. Pursuant to National Privacy Commission Circular No. 2023-06 on the requirements for the security of personal data processed by personal information controller or processor, all information obtained under such preservation request shall be processed in accordance with applicable data privacy laws, rules, and regulations.

 

 

  • Additional 10 Day-Extension of Detention (Rule 9.5)

The ATC, through the Secretary of Justice, may file with the RTC a verified motion with notice to the detainee and counsel for a 10-day extension of the period of detention if further detention is necessary to: (a) preserve evidence gathered against them related to terrorism or to complete their investigation; (b) prevent the commission of another act of terrorism; and (c) investigation is being conducted properly without delay.

 

 

  • Designation Pursuant to Requests from Foreign and Supranational Jurisdictions 

The rule on the adoption of requests for designation by other foreign or supranational jurisdictions has been deleted for being unconstitutional as ruled in Calleja v. Executive Secretary.

 

The amended IRR may be accessed through this link.

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