The battle for constitutional guarantees: A study on the constitutionality of Human Security Act of 2007
Date of Publication
6-2017
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
National Security Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Juan Arturo Iluminado De Castro
Abstract/Summary
Terrorism is a major issue in the Philippines. From bombings, kidnappings, murders and hijackings, Philippines tried to suppress violence and to put an end to terrorism. Different approaches have been rendered in resolving terrorism such as peace talks and by way of improving our military forces in order to safeguard the protection of the people. The effort of the government to counter terrorism has a negative effect in the country. It has been said that anti-terrorism bill was triggered as response to a call of United Nations to its allied nations as to enact measure in the wake of 9/11 terrorist attack. It is also a response to terrorist activities committed by Abu Sayyaf Group, Moro Islamic Liberation Front and Jemaah Islamiyah, which perpetrated abduction and murder to our fellow citizens and even to foreigners. Republic Act No. 9372 otherwise known as “Human Security Act of 2007” (HSA) was passed to ensure that the fight against terrorism requires a comprehensive approach. Before HSA was passed, the act had been known as Senate Bill No. 2137 otherwise known as “An Act to Deter and Punish Acts of Terrorism and for Other Purposes” and subsequently, it was known as Senate Bill No. 2187 otherwise known as “An Act to Define and Punish the Crime of Terrorism, the Crime of Conspiracy to Commit Terrorism, and the Crime of Proposal to Commit Terrorism, and for Other Purposes”. Enactment of HSA increased access to personal information and surveillances. The provisions of HSA widen the scope of the authority of legal enforcement personnel to gather more data that might lead to violation of one’s constitutional rights. HSA must not only focus on prosecuting terrorism but must take into account the rights of every citizen so as not to diminish the enjoyment of such rights. Constitutional rights are vested upon each and every person. Such rights must be protected and respected in every circumstance. Any effort of the government to improve the security of the state must strictly adhere with the Constitution and to International Standards as to ensure that there is no violation of any fundamental freedoms. For almost a decade, no case has been decided nor law has been passed as to the Constitutionality of the HSA. HSA was never been used to prosecute those who were suspected of the crime of terrorism up to this point. The law invited criticisms on its legality and validity but then it is not acted upon. Such objections and criticisms were based on violation of constitutional guarantees especially the right of due process and the fear that the human rights safeguards will be put at risk. There are studies that the antiterror law will lead to greater tumult when not properly adhered. In line with this, the Constitutionality of the HSA must be taken into consideration.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG006952; TG06952
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Terrorism—Law and legislation--Philippines; Human Security Act of 2007 (Philippines)
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Recommended Citation
Dacara, C. C. (2017). The battle for constitutional guarantees: A study on the constitutionality of Human Security Act of 2007. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7273
Embargo Period
11-6-2024
