A content analysis of Human Security Act vis-à-vis section three of the Bill of Rights of the 1987 Constitution

Abstract

This study was conducted to discuss the effectiveness of Republic Act No. 9372, “An Act to Secure the State and Protect Our People from Terrorism”, also known as the “Human Security Act of 2007”, in addressing the problem of terrorism in the Philippines. Qualitative content analysis was employed, wherein, articles, journals, books, as well as any other materials discussing the Human Security Act of 2007, were collected. This method was used in order to provide knowledge and understanding of the observable fact under the study, which helped in determining significant features of the content of the Human Security Act of 2007. There are numerous opinions and criticisms against the Human Security Act of 2007 because it was claimed that it is a dangerous law and it can easily violate the basic rights of an individual. The law is composed of sixty two (62) sections and some provisions sometimes contradict each other. Some provisions also failed to provide safeguards that will prevent violating the constitutional rights. Section sixteen (16) of the Human Security Act of 2007 violates due process under the Philippine Constitution because persons suspected of terrorism who are under surveillance or wiretapping are barred from participating in the proceeding to the detriment of their right to life and liberty. Human Security Act of 2007 is broad and vague. Section three (3) of the law failed to provide a clear and concise definition of terrorism.