Thursday, September 20, 2007
Bill - Hon. Christine C. Gañalongo
Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCED BY CHRISTINE C. GAÑALONGO
EXPLANATORY NOTE
R.A 9372 will help provide Philippine law enforcement and judicial authorities with the legal tools they need to confront the threats posed by international terrorism, while ensuring protection of civil liberties and human rights.
This new law can violate a person’s right to privacy. Section 7 legalizes the surveillance of terror suspects. Authorities may intercept and record all communications of suspected terrorist and their alleged conspirators. Wiretapping and other forms of electronic surveillance need only the approval of any competent Regional Trial Court. The power eavesdrop is easily subject to abuse.
As provided by the Constitution, there is a recognition that people may communicate and correspond with each other without the State having a right to pry into such communication and correspondence.
In amending Section 10, the author is in the belief that no person in his right mind to puts himself in hot water following a piece of popular saying “the fish is caught by its own bite”.
For reasons mentioned above, the HSA, therefore should be amended so as to uphold the basic rights and fundamental liberties of the people as embodied in the Constitution.
Immediate approval of this bill is earnestly sought.
CHRISTINE C. GAÑALONGO
Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCED BY CHRISTINE C. GAÑALONGO
AN ACT AMENDING SECTIONS 7 AND 10 OF REPUBLIC ACT NO. 9372,
OTHERWISE KNOWN AS THE HUMAN SECURITY ACT OF 2007.
PROVIDING FOR THE PROTECTION OF ONE’S RIGHT PRIVACY AND
HIS FUNDAMENTAL LIBERTY.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Sections 7 and 10 of Republic Act No. 9372 are hereby amndedto read as follows.
“SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. – The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with [or suspected] of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.”
“SEC. 10. Effective Period of Judicial Authorization. – Any authorization granted by the authorizing division of the Court of Appeals, pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible period, which shall not exceed thirty (30) days from the expiration of the original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided, further, That the ex parte application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section 20 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act.
[If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person subject of the surveillance, monitoring, interception and recording as specified above.
SECTION 2. All laws, executive orders, rules, regulations and other issuances inconsistent with this Act are hereby repealed or modified accordingly.
SECTION 3. This Act shall take effect upon its approval.
Approved,Labels: justice
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