Liability-for-terrorism - Revised.pptx

LIABILITY FOR SUPPORTING MILITANT/REBEL/TERROR GROUPS By LTC ROLANDO ESCALONA MAJ LEX MICHELLE DAPANAS CPT LORRAINE ANNE DELA PAZ CPT LEAN ANDREW PALANGDAO CPT PERCY RUTH BUYUCCAN CPT CATHERINE GACUTAN Atty. Maricel Capa

PURPOSE This primer is intended to educate LGUs,

Organizations, Businesses and Individuals on certain activities they are voluntarily performing which knowingly or unknowingly may hold them liable for belligerent activities.

BACKGROUND Communists insurgents are receiving P460

Million worth of revolutionary taxes from two resource rich provinces in Southern Mindanao Alone At least 60 % comes from mining companies in Compostela Valley

BACKGROUND They collect from sari-sari store owners as

low as two pesos per day. Banana plantations in Davao Del Norte were reported to have been victims of these so called revolutionary taxes. Politicians during election period were also reported to pay these taxes.

BACKGROUND Those who refuse to contribute suffer dire

consequences an example was APEX Mining which had their equipment and facilities burned down by the rebels.

WHAT ARE REVOLUTIONARY TAXES? Revolutionary taxes is one of the major

reasons why the Communist Rebels were able to persist for a long period of time. It is the lifeblood of the Communist movement without which, they would not be able to multiply their force.

WHAT ARE REVOLUTIONARY TAXES? It is used to fund not only the armed

movement but also their political fronts. It is a method of extorting money and resources from corporations, individuals and politicians, particularly on the country side. Paying revolutionary taxes is a form of support to the rebels. It is illegal and can subject YOU to liabilities.

WHO MAY BE HELD LIABLE? 1. Individuals

2. Non-government/ Civic Organizations 3. Government Organizations 4. Political Parties 5. Politicians 6. Businesses

*ANYONE who supports terror/rebellious groups whether in CASH or KIND.

WHAT IS A TERRORIST? A terrorist is any person who commits the

specified crimes in Section 3 of the Human Security Act That sows and creates a condition of “widespread and extraordinary fear and panic” among the populace, for the purpose of coercing the government to give in to an unlawful demand.

WHAT ARE THE CRIMES THAT MAY BE PUNISHABLE UNDER TERRORISM? A. Art. 122 (Piracy in General and Mutiny) ; B. Art. 134 (Rebellion or Insurrection);

C. Art. 134-A (Coup d’Etat), including acts committed by private persons; D. Art. 248 (Murder); E. Art. 267 (Kidnapping and Serious Illegal Detention);

WHAT ARE THE CRIMES THAT MAY BE PUNISHABLE UNDER TERRORISM?  F. Art. 324 (Crimes Involving Destruction); or under

 (1) P.D. 1613 (Law on Arson);  (2) R.A. 6969 (Toxic Substance and Hazardous and Nuclear Waste Control

Act);  (3) R.A. 5207 (Atomic Energy Regulatory and Liability Act);  (4) R.A. 6235 (Anti-Hijacking Law);  (5) P.D. 532 (Anti-Piracy and Anti-Highway Robbery Law); and  (6) P.D. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,  Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives)

WHO ARE LIABLE FOR TERRORISM?  Principal - Any Person who commits an act stated in Sec. 3  Conspirators - two or more persons who come to an agreement

concerning the commission of the crime of terrorism (Sec4)  Accomplice – not a principal or a conspirator who cooperates in

the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts.(Sec5)  Accessory – not a principal or accomplice who, having knowledge

of the commission of the crime of terrorism or conspiracy to commit terrorism, takes part subsequent to its commission (profiting, concealing, harboring or assisting in the escape.(Sec6)

WHAT ARE THE PENALTES FOR TERRORISM: Conspirator - 40 years of imprisonment

without the benefit of parole.  Accomplice – 17 years, 4 mos and 1 day to 20 years of imprisonment Accessory – 10 years and 1 day to 12 years of imprisonment.

CAN MILITANT GROUPS BE HELD LIABLE FOR INDIVIDUAL CRIMES? Yes. Terrorism being more difficult to prove

since all the elements must concur, often militant/ rebel groups are held liable for individual crimes that they perform.

WHAT IS REBELLION?  According to Article 134, there must be public

uprising and taking up of arms against the government and the purpose is either to remove from the allegiance to the Government or its laws the territory of the Philippines or any part thereof or anybody of land, naval or other armed forces or to deprive wholly or partially any of the powers of the Chief Executive or Congress. The penalty for rebellion is

WHAT IS THE PENALTY FOR REBELLION? Any person merely participating or executing the

commands of others in a rebellion or insurrection shall suffer the penalty of reclusion temporal. (Art 135 RPC) The conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by prision correccional in its maximum period and a fine shall not exceed five thousand pesos (P5,000.00), and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (Art 136 RPC)

WHAT WILL I BE LIABLE FOR? An individual may be liable for: Terror Financing Money Laundering

Violation of RA 9851 (Philippine Act on Crimes

Against International Humanitarian Law, Genocide and Other Crimes against Humanity

WHAT IS TERROR FINANCING?  Any person who, directly or indirectly, willfully and without lawful

excuse, possesses, provides, collects or uses property or funds or makes available property, funds or financial service or other related services, by any means, with the unlawful and willful intention that they should be used or with the knowledge that they are to be used, in full or in part: (a) to carry out or facilitate the commission of any terrorist act; (b) by a terrorist organization, association or group; or (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism

WHAT IS THE PENALTY FOR TERROR FINANCING? The penalty of reclusion temporal in its

maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00). (Sec 4 R.A. No 10168) If the offender is a juridical person, it shall be imposed on officers. (Sec 9 R.A. No 10168)

WHAT IF MILITANT/ TERROR GROUPS FORCES SOMEONE TO PRODUCE MONEY OR PROPERTY IN EXCHANGE FOR SAFETY? The NPA’s act of extorting from the person amounts

to Robbery with Violence or Intimidation of Persons which is punishable under Article 293 of the RPC. The person forced to produce said money or property cannot be held liable for financing terrorism because he was compelled to do so. Any person compelled to perform an act under duress is not liable for his acts.

WHAT IF HE VOLUNTARILY GIVES HIS MONEY TO MILITANT/ TERROR GROUPS? He can then be held liable for terror

financing, money laundering and/or Violation of RA 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes against Humanity

WHAT IS MONEY LAUNDERING? For the purpose of being liable for financing

militant groups, money laundering under rule 4.1.a is defined as crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. It is committed by any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.

WHAT IS MONEY LAUNDERING? Among the unlawful activities mentioned in Rule 3.i of

RA 9160, the following are included: Robbery, Kidnapping, Murder, Destructive Arson, Terrorism and Malversation of public funds They shall suffer the penalty of seven (7) to fourteen (14) years and a fine of not less than Three Million Philippine Pesos (Php3,000,000.00) but not more than twice the value of the monetary instrument or property involved in the offense. (Rule 14.1.a)

HOW CAN I BE HELD LIABLE UNDER RA 9851? RA 9851 penalizes crimes against humanity

including torture, willful killing, launching an attack against civilian population. Section 8.3 mentions a person’s individual criminal liability for contributing in anyway in the commission of the crime.

HOW CAN I BE HELD LIABLE UNDER RA 9851?  Further, Section 8.b holds a person criminally liable as

accomplice for facilitating the commission of a crime defined and penalized in this Act if he/she aids, abets or otherwise assists in its commission or attempted commission, including providing the means for its commission  Such persons shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00).

WHAT IS THE LIABILITY OF A GOVERNMENT OFFICIAL?  In addition to individual liabilities previously

mentioned, he may be liable for:  Malversation under Art 217 of RPC  Disloyalty of Public Officers or Employees under Art 137 of RPC  Violation of Anti-Graft law  Violation of Code of Conduct and Ethical Standards for Public Officials  Violation of Article 261 of Omnibus Election Code

WHAT IS MALVERSATION? Art 217: Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer: 1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.

WHAT IS MALVERSATION? 2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos. 3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos. 4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos

WHAT IS MALVERSATION? If the amount exceeds the latter, the penalty

shall be reclusion temporal in its maximum period to reclusion perpetua. In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

WHAT IS DISLOYALTY OF PUBLIC OFFICERS? Article 137 punishes the following: Failing to resist rebellion by all the means in their

power; Continuing to discharge the duties of their offices under the control of rebels; or Accepting appointment to office under rebels. They are punished with the penalty of prision

correccional in its minimum period.

HOW IS ANTI-GRAFT LAW VIOLATED BY A PUBLIC OFFICER?  He shall be liable if he uses his position to benefit the terrorist such as:

 He will be liable under Sec. 3(b) of the Anti-Graft Law if he directly or

indirectly receives gifts or any other benefit for himself or for others in connection with any contract or transaction between the gov’t and a terrorist group/individual, wherein his official capacity has to intervene under the law.  He will also be liable under Sec. 3(c) of the same law if he directly or indirectly requests or receives any gift, present, share, percentage, or benefit, for himself or for any other person from a terrorist group/individual for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license in consideration for the help given or to be given.

HOW IS ANTI-GRAFT LAW VIOLATED BY A PUBLIC OFFICER?  He shall be liable for the penalty of imprisonment for not less than one year nor

more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income (Sec 9, RA 9301)  Any public officer against whom any criminal prosecution under a valid information

under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him. (Sec 13, RA 9301)

HOW DOES A PUBLIC OFFICIAL BECOME LIABLE UNDER THE CODE OF CONDUCT? If they divulge confidential or classified

information they obtained by reason of their office, which is not available to the public to further private interests or give undue advantage to anyone or to prejudice public interests.

MAY A PUBLIC OFFICER BE ADMINISTRATIVELY LIABLE FOR EXTENDING MATERIAL AID TO THE NPA? Yes. Section 60 of the Local Government Code of 1991 enumerates the grounds for which an elective local official may be disciplined, suspended or removed from office. These include misconduct in office (Section 60 (c), Republic Act 7160). Misconduct means “a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer” (Samson vs. Restrivera, 646 SCRA 481). Financing terrorist groups such as the NPA is contrary to a public officer’s Constitutional duty to be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, as well as their duty to act with patriotism and justice.

HOW DOES ONE BECOME LIABLE UNDER THE OMNIBUS ELECTION CODE? Article 261 of the Omnibus Election Code

considers an election offense the giving of donations, goods or in kind to any person or group during election period by a candidate to advance his/ her candidacy or political favor since it may be considered a form of vote buying.

HOW DOES ONE BECOME LIABLE UNDER THE OMNIBUS ELECTION CODE?  Penalty for those who committed an election offense is imprisonment

of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.  Any political party found guilty shall be sentenced to pay a fine

of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.

WHAT IF THE TERROR GROUP BURNS PROPERTY FOR FAILURE OF AN OFFICIAL TO RENDER ASSISTANCE TO THEM? They will be liable for destructive arson if the burned

edifice is situated on a populated place. PD 1613 amending the laws on arson classifies the burning of any building whether situated in a populated place as destructive arson. The penalty is Reclusion temporal in its maximum period to Reclusion Perpetua If death results from arson, the penalty will be Reclusion Perpetua to Death

WHAT IF A CORPORATION EXTENDS MATERIAL AID TO TERRORIST ORGANIZATIONS?  The Directors, Officers or employees who voted for or who has

directed or caused the extending of material support to terrorists shall be liable for Terrorist Financing under RA 10168. In Ching v. Secretary of Justice, GR 164317, it was held that if crimes are committed by a corporation or other juridical entity, the directors, officers, employees or other officers thereof responsible for the offense shall be charged and penalized for the crime, precisely because of the nature of the crime and the penalty therefor. A corporation cannot be arrested or imprisoned.  Moreover, the primary registration of the corporation may be revoked by the SEC pursuant to Sec. 5 (m) of the Securities Regulation Code and its business permit be likewise revoked by the local chief executive pursuant to Se. 445 of the Local Government Code if it is proven that the corporation committed serious violations of Philippine law or otherwise performed acts that would render it unfit to transact business in the Philippines

QUESTIONS ?