Chasing terrorists: A legal inquest into the Human Security Act of 2007 and a comparative analysis of its salient features with selected anti-terror legislations

Date of Publication

2013

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Criminal Law | Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Abstract/Summary

Since the enactment of the Philippine's anti-terrorism law, The Human Security Act of 2007 (HSA), it has been the topic of much debate due to its controversial provisions. The very fact that it has not been used to charge any criminal in the country of terrorism despite the rampant terrorist activities that has terrified the nation since the date of its passing raises questions concerning the credibility and sufficiency of the act to put a stop to these terrorist activities, the very purpose of its enactment. Expectedly, various individuals and concerned citizens, institutions, and even government divisions alike have assailed the constitutionality of the act, only to be dismissed altogether by the Supreme Court in an en banc decision promulgated October 5, 2010 on grounds that are more procedural than substantive. Associate Justice Roberto Abad himself stated that their decision to dismiss these cases "does not definitively uphold the validity of the questioned law",and that the specific questions by the petitioners may be "raised in the proper forum if and when an actual controversy arises and becomes ripe for adjudication."

In this regard, the proponents challenge the credibility of the HAS by doing a comparative analysis of its specific provisions vis-Ã -vis those of the anti-terror legislations of selected countries such as the United States, Malaysia, and Indonesia.

Calls for the amendment of the HAS have been made by the President himself. Terrorist acts continue to happen in the country. In fact, while this study is being conducted, another terrorist act that killed 6 and wounded 48 was recorded in the books. At the end of this study, yet series of violent terrorist acts was staged by one of the most notorious insurgent militant groups in the southern region of the country that killed 200 innocent civilians and injured 250. Being the only instrument we have to address the immediate problem of terrorism, the HAS needs to be set to a higher standard that would make it sufficient enough to be the answer to the eradication of these bewildering terrorist attacks.

Abstract Format

html

Language

English

Format

Print

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Keywords

Human Security Act of 2007; Terrorism—Law and legislation--Philippines

Embargo Period

4-29-2021

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