The Human Security Act of 2007 defines the Crime of Terrorism as follows:
SEC. 3. Terrorism. – Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
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- Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
- Article 134 (Rebellion or Insurrection);
- Article 134-a (Coup d‘Etat), including acts committed by private persons;
- Article 248 (Murder);
- Article 267 (Kidnapping and Serious Illegal Detention);
- Article 324 (Crimes Involving Destruction,
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or under
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- Presidential Decree No. 1613 (The Law on Arson);
- Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
- Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
- Republic Act No. 6235 (Anti-Hijacking Law);
- Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
- Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
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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 shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
I agree with Senator Rodolfo Biazon, Chairman of the Senate Defense Committee that the actions of the Moro Islamic Liberation Front Commanders Bravo and Pangalian in Lanao del Norte and Sarangani cross the line from “mere rebellion” into “terrorist rebellion”–in which over forty persons have been been killed–mostly civilians. As readily admitted by Eid Kabalu, Ghazali Jafar and Mohagher Iqbal, these incidents of mayhem, house burnings, and hostage takings are in reaction to the TRO issued by the Supreme Court on the MOA-AD. If, as many people believe, this MOA-AD violates the Philippine Constitution of 1987, then the MILF would clearly be committing acts of terrorism as defined by HSA 2007 itself. The Crime of Terrorism is defined by the Human Security Act as a composite crime involving “predicate crimes”–such as murder, arson, destruction of private property, kidnapping and hostaging — done in order to force the government into some illegal act — such as an unconstitutional Memorandum of Agreement.
Whether it be Commander Umbra Kato in Cotabato or Commanders Bravo and Pangalian in Lanao del Norte, the MILF has put on that comfortable old shoe of plausible deniability in claiming the renegade nature of “Lost Commands” whenever it has been convenient to do so. However, they did not quite do that in this case of Lanao del Norte. Instead, what I heard Mohagher Iqbal very plainly say today was that the MILF Central Committee could not control “hard-liners” for whom the decision of the Philippine Govt to seek renegotiation of the MOA-AD was unacceptable. It seems fairly obvious that those hardliners include the MILF Central Committee itself.
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It is clear that what they had done in Northern Cotabato and Lanao del Norte is a terroristic act/crime of terrorism.
It’s been clear to me years ago. I’ve always maintained that the way to go for peace in Mindanao is to annihilate the MILF. Then invest on Mindanao and give the ARMM the chance to take off.
J,
I agree with you. The GRP must foster annihilation with this rebel group. As we can see the government is advocating the idea that this rebel group could find total independence, in the long run….
We belong only to one sovereignty, therefore the GRP must uphold in defending its territory.
How many lives will be in graveyard if the Government will always focus on the Peace Agreement in Mindanao. The wings of this archipelago must be sincere in the total destruction of the MILF rebels. What, if they will terrorize the whole Mindanao??? It is a call to AFP to safeguard the whole regions in Mindanao & as much as posssible Deploy all soldiers in the whole Mindanao territory, Hence, more casualties will flourish if the Philippine soldiers will be asleep. Even the christian dominated areas and not part of the BJE must be lookout of the soldiers!!!!!!! [mahirap na baka isang gabi ang Caraga region ay atakihin.]
The soldiers must be alert in the whole vicinity of Mindanao.
“Annihilation” sounds good to some people, if only it were actually possible. Filipinos haven’t got the stomach for real ethnic cleansing though. We will have to settle for mutual toleration. Oh and the Rule of Law.
Sounds like good ol’ pwede na yan mentality at work here, folks. :D
I become less and less surprised of every year that goes by where the Philippines fails to prosper or at least exhibit some semblance of dignity as a state.
“Harrummphh” says Benign0. Many days I feel the same way. But in this case one cannot deny that Nationalism breeds Nationalism and once a certain group of people get bitten by the idea that they should be one nation, and deserve to be, nothing can cure them of that giddy feeling until the realities of independence hits them (or half a dozen plebiscites rejecting them!)
However, I wish there were an international standard that says any revolution or self-anointed “war of liberation” must have an expiration date. Especially “separatist” movements. If a rebel group cannot ignite a bona fide national war of liberation among their stated countrymen within say two or three years, or even two or three decades, and finally win, why, there must be something wrong with their Nationalist Idea and they ought to try something easier like electoral politics.
The “Bangsamoro” (aka the MILF in disguise) are a case in point–somehow that bunch does not inspire in many, whether Muslim or Christian or lumad, any confidence that Mindanano would be better led by them!
DJB, not just a limit on the length of the insurgency but also the number of times referenda may be held to determine which units volunteer their inclusion. My friends in Iligan are complaining, “How many times do we have to reject ARMM?”