The Constitution of the Philippines 1987 contains a guarantee of various rights and freedoms
and provides for procedural safeguards. Relevant legislation is Section 1A of the
Memorandum Order No. 121, Revised Penal Code (Act No. 3815), Department Order No.
94, 4 March 1998 (relating to refugees), Rules on Criminal Procedure Republic Act 7438.
Section 1A of the Memorandum Order No. 121 defines terrorism as follows:
The premeditated use or threatened use of violence or means of destruction perpetrated
against innocent civilians or non-combatants, or against civilian and government properties,
usually intended to influence an audience. Its purpose is to create a state of fear that will aid
in extorting, coercing, intimidating, or causing individuals and groups to alter their behaviour.
Its methods are hostage-taking, piracy or sabotage, assassination, threats, hoaxes, and
indiscriminate bombings or shootings.
Other legislation addresses further offences relating to terrorism:
•
Illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of,
firearms, ammunition or explosives (PD 1866 as amended by RA 8294, RAC Sections
878, 883);
•
Obstruction of apprehension and prosecution of criminal offenders (Presidential Decree
No. 1829);
•
Regulation of activities and registration of foreign agents (Batas Pambansa Biland (No.
39);
•
Immigration act of 1940; and
•
Tariff and customs Code of 1978 (PD 1464 as amended).259
The Advisory Council of Jurists recommends that:
1. National security concerns, while important, need to be balanced with the human rights
guarantees in the Philippines Constitution and international treaties to which the
Philippines is a party, as well as customary rules of international law. Care must be taken
that counter-terrorism measures are not used to restrict fundamental rights or to target
vulnerable groups.
2. Counter-terrorism measures should be promulgated by parliamentary legislation, which
allows scope for public participation, rather than by Executive decree.
259
Counter-Terrorism Committee Report - Philippines, Security Council, S/2001/1290, 27 December 2001, p.8.
119