The Anti-Terrorism Act of 2020, Republic Act No. 11479, replaced the older Human Security Act and defines terrorism and a range of related offenses. Terrorism under the law generally involves engaging in acts intended to cause death or serious bodily harm, extensive damage to property or critical infrastructure, or to intimidate the public or coerce the government, when the purpose is to intimidate, sow fear, or destabilize. Importantly, the law contains a provision that advocacy, protest, dissent, and similar exercises of civil and political rights are not intended to be included, provided they are not intended to cause the harms defined. The law also penalizes related acts such as threatening, planning, training, conspiring, proposing, inciting, recruiting, and providing material support for terrorism. A controversial feature is the allowance, upon written authorization from the Anti-Terrorism Council, of detention of a suspect for an extended period without judicial warrant of arrest longer than the ordinary periods under the Revised Penal Code, subject to conditions and notification requirements. The Supreme Court reviewed the law and upheld most of it while striking down certain portions. Despite the expanded powers, constitutional safeguards continue to apply: the presumption of innocence, the right to counsel, the right against torture, and the right to due process. So the law creates broad terrorism offenses and expanded state powers, but it operates within constitutional limits and expressly excludes legitimate dissent.
What Terrorism Covers
RA 11479 defines terrorism as acts intended to cause death or serious harm, extensive damage to critical infrastructure, or to intimidate the public or coerce the government. It penalizes planning, training, inciting, recruiting, and material support.
Dissent Is Excluded
The law expressly provides that advocacy, protest, and dissent are not included, provided they are not intended to cause the defined harms.
Detention and Safeguards
Upon authorization from the Anti-Terrorism Council, a suspect may be detained for an extended period beyond ordinary limits, subject to conditions. The Supreme Court upheld most of the law but struck down some parts. Constitutional safeguards — innocence, counsel, against torture, due process — still apply.
Practical Takeaways
- RA 11479 defines broad terrorism offenses and expanded powers;
- Legitimate dissent is expressly excluded;
- Constitutional rights continue to apply despite extended detention.
Frequently Asked Questions
What is the Anti-Terrorism Act? The Anti-Terrorism Act of 2020, Republic Act No. 11479, which replaced the Human Security Act and defines terrorism and a range of related offenses, with expanded state powers.
Does the law cover protest and dissent? No. The law expressly provides that advocacy, protest, dissent, and similar exercises of civil and political rights are not intended to be included, provided they are not meant to cause the harms defined.
Can a suspect be detained without a warrant? Upon written authorization from the Anti-Terrorism Council, a suspect may be detained for an extended period beyond the ordinary periods, subject to conditions and notification requirements. The Supreme Court reviewed and upheld most of the law.
Do constitutional rights still apply? Yes. Despite the expanded powers, constitutional safeguards continue to apply, including the presumption of innocence, the right to counsel, the right against torture, and the right to due process.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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