FACTS ONLY: What is the Human Security Act of 2007?

In a country dazed by crisis or terrorism, what does the anti-despot Constitution offer against lawless elements aside from Martial Law?

Infographic by Rappler

CAVITE, Philippines — In a 261-18 vote, the Congress has approved President Duterte's request to extend the imposition of Martial Law in Mindanao until December 31.

Video courtesy of  Radio Television Malacañang (RTVM), 

grabbed from Rappler's Youtube channel

This includes the suspension of the privilege of the writ of habeas corpus, which the president had added into the declaration.

Earlier, he divulged that it was security officials who suggested that he request for the 5-month extension. His request to stretch it to December was meant to cover also the rehabilitation of Marawi City and prevent growth of ISIS activity in the region. (READ: Duterte to make warrantless arrests even without martial law)

Defense Secretary Delfin Lorenzana guaranteed that the Martial Law will not be extended to Visayas and Luzon, despite statements coming from the president that it may be possible if the ISIS threat persists.

But is Martial Law our only way out of terrorism?

RA 9372: Surveillance and Detention

The Human Security Act of 2007 serves to secure the state and protect the people from terrorism.

Under RA 9372, the police or any law enforcement official is allowed to listen to, intercept, and record communications between outlawed terrorist organizations, associations, groups, and individuals charged or suspected of the crime of terrorism. It stated that those who also conspire to commit terrorism can be wire tapped.

Personalities exempted from surveillance are lawyers and their clients, as well as doctors and their patients, and journalists and their sources of information.

The police are also allowed to detain, without warrants of arrest, confirmed and suspected terrorists only after extensive surveillance, as well as examining their bank records.

In a span of three days, the police must have presented the arrested person to a judge for questioning before delivering him to the proper judicial authorities. The judge or the nearest Human Rights Commission officer has to provide a written approval to detain suspects for more than three days.

Detained persons have the right to remain silent and request for free legal counsel by. He must also be informed of why he was arrested, and allowed to communicate freely and privately with his family and his attorney. The suspect may also avail of a physician.

During the investigations, the suspects cannot be physically and mentally tortured or threatened in order to extract information from them.

If the persons detained were proven innocent, they shall be released immediately.

RA 9372: Monitor bank record

The Court of Appeals (CA) may authorize the police to examine bank accounts and gather information about suspects, terrorists, and conspirators' bank records without meeting refusal from the bank or financial institution concerned.

A maximum of thirty days is given to the police to examine bank records, and for the CA to seize, sequester, and freeze bank accounts to prevent their use. This time period may be extended or renewed.

However, the accused may withdraw reasonable sums for the monthly needs of his family, upon the court's approval.

Rebellious figures will suffer a maximum of 40 years in prison, and their accomplices a maximum of 20 years according to the Revised Penal Code.

Overall, RA 9372 recognizes civil authority and "respect for human rights which shall be absolute and protected at all times." (READ: Questions you need to ask about martial law in Mindanao)

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