Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BiLLNo, 9482

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women's Party);
REP. CARLOS ISAGANI T. ZARATE, REP. FERDINAND R. GAITE, and REP. EUFEMIA
C. CULLAMAT (Bayan Muna Partylist);
REP, FRANCE L. CASTRO (ACT Teachers’ Partylist);
and REP. SARAH JANE |, ELAGO (Kabataan Partylist)

EXPLANATORY NOTE

Amid the backdrop of endless spate of kilings and arrests and mounting people's resistance,
former president Gloria Macapagal-Arroyo signed into law Republic Act No. 9372 or the "Human
Security Act (HSA) of 2007." At the signing ofthe law, Arroyo described the measure as a “legal
muscle to help end the paralysis of fear, empowered with a law that identifies terrorism and
penalizes it, a law that preserves and protects freedom.” Expectedly, the United States hailed the
Passage of the measure especially as it conforms to the US War on Terror strategy, which is
essentially the neutralization of perceived threats to its global hegemony,

Prior to the HSAs signing, Arroyo issued Proclamation 1017 declaring a state of national
emergency as well as General Order No. 5 which directed the Armed Forces of the Philippines to
Suppress ‘lawless violence.” Both Proclamation 1017 and General Order No. 5 were later struck
down by the Supreme Court. The consttutionalty of the HSA however was upheld despite
Widespread criticisms of the measure for threatening fundamental rights and civil liberties,

The Human Security Act of 2007 reclassifies common crimes already contained in the Revised
Penal Code as acts of terorsm with higher penalties based on the overly vague qualifier ‘thereby
Sowing and creating a condition of widespread and extraordinary fear and panic among the
Populace, in order to coerce the government to give in to an unlawful demand," The law also
authorizes wiretapping and other forms of surveilance of persons and organizations suspected of
the crime of terrorism and of conspiracy to commit terrorism based on a written Court of Appeals
order. Aside from this, the government can also freeze the funds, bank deposits and other assets
belonging to a person based merely on the suspicion that he or she is a terrorist

Various human rights groups and progressive organizations, including Gabriela Women's Party,
have raised serious concerns on how the law institutionalizes the broad fascist powers of the AFP
and the PNP in conducting surveillance and carying out arrests and detention of govemment


cries based on the vague pretext and suspicion of terrorism. Media groups and lawyers’ groups
have cited the law’s chilling effect on the freedom of speech, and its implications on the people's
rights to free association. Former UN special rapporteur Martin Scheinin said that ‘many provisions
of the Human Security Act are not in accordance with international human rights standards,”

More than a decade after the law's signing, the Duterte administration weaponized the HSA to
Come up with a list of more than 600 alleged terrorists ~ which strangely include 2 UN special
rapporteur, human rights defenders, deceased persons and vague aliases. The said petition for
prescription, which was fled by the Department of Justice (D0u), cited the Human Security Act of
2007 as legal basis. The DOU later admitted thatthe names included in the lst did not go through
Personal verification, thereby highlighting the threats of the overly broad stipulations in the HSA to
personal freedom and basio civil rights. To illustrate, peace consultant Randy Felix Malayao,
whose name was included in the DOJ list, was kiled on February 23, 2018 while riding a bus fo
the province. The perpetrators of the political killing remain on the loose.

The Human Security Act of 2007 was also cited in the fling of trumped up charges and illegal
arrest on January 28, 2019 against indigenous peoples’ leader Jomorito Guaynon, peasant leader
Ireneo Udarbe and four members of a local farmers’ group in Misamis Oriental. They remain
detained at Camp Evangelista, Cagayan de Oro City despite based on planted evidence and
concocted allegation that they were terrorists and were illegally possessing firearms and
explosives.

In a desperate attempt to institutionalize the reign of fear, state terrorism and martial rule, the
Duterte administration sought to amend the already draconian Human Security Act of 2007 during
the 17th Congress to introduce more lethal and more repressive provisions. Among the original
amendments proposed include the upscaling of penalties to death penalty which wil equally apply
to all levels of committing and conspiring to commit terrorism. The HSA amendments dangerously
Stand as a peak draconian legal concoction that will wipe out all remaining democratic rights
enshrined in our laws, and a monstrous legal instrument that will complement the Duterte regime's
Policy of mass murders and repression and his de facto dictatorial rule that is enabled by the
militarization of the bureaucracy.

The Human Security Act of 2007 does not need to be amended, It needs to be repealed in its
entirety ~ to safeguard our basic rights and civil liberties, to preserve whatever democratic gains
that we have produced out of our collective uprising, and to ensure that there will be no place for
tyrants in Philippine society.


In view of the foregoing, the passage of ths billis eamestly sought

Gabriela Women’s Party

A, ) '
RDINAND R. GAITE CARLOS 7 ZARATE: EUFRMIA C. CULLAMAT

Bayan Muna Partylist Bayan Muna Partylist Bayan Muna Partylist

SARAH/JANE |. ELAGO
AGA Teachers’ Partylist KabgtaanPartylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 0482

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women's Party);
REP. CARLOS ISAGANI T. ZARATE, REP. FERDINAND R. GAITE, and REP. EUFEMIA.
C. CULLAMAT (Bayan Muna Partylist); REP. FRANCE L. CASTRO (ACT Teachers’
Partylist); and REP. SARAH JANE |, ELAGO (Kabataan Partylist)

AN ACT REPEALING REPUBLIC ACT NO. 9372 OTHERWISE KNOWN
AS THE “HUMAN SECURITY ACT OF 2007"

Be it enacted by the Senate and the House of Representatives of the Republic ofthe Philippines in
Congress assembled:

Section 1. Republic Act No. 9372 (An Act to Secure the State and Protect our People from
Terrorism), otherwise known as the "Human Security Act of 2007," is hereby repealed.

Section 2. All laws, jurisprudence, executive orders, executive issuances or letters of instruction,
or any part thereof that are inconsistent with or contrary to the provisions of this Act are hereby
deemed repealed, amended or modified accordingly

Section 3. This Act shall take effect fileen (15) days after its publication in the Otficial Gazette or
in at least two (2) national newspapers of general circulation.

Approved,