Financial Crime World

Supreme Court Rules on Extraterritorial Application of Anti-Terrorism Act

The Philippine Supreme Court has recently promulgated rules and regulations to implement the Anti-Terrorism Act, allowing for the extraterritorial application of criminal provisions.

New Rules and Regulations

Under the new rules, individual persons who commit any of the crimes defined in the anti-terrorism act outside the territorial limits of the Philippines but with a connection to the country can still be prosecuted. This includes individuals who:

  • Commit crimes on Philippine ships or aircraft
  • Within diplomatic premises
  • Against Filipino citizens or persons of Philippine descent

The Supreme Court also ruled that Filipino nationals who commit similar crimes outside the country’s territory can still be prosecuted in the Philippines. In cases where an alien is requested for extradition under the International Convention for the Suppression of the Financing of Terrorism and is not extradited to the requesting state, the Department of Justice will prosecute the case without undue delay.

Key Provisions

  • Extraterritorial application of criminal provisions
  • Filipino nationals who commit similar crimes outside the country’s territory can still be prosecuted in the Philippines
  • The Department of Justice will prosecute cases where an alien is requested for extradition under the International Convention for the Suppression of the Financing of Terrorism and is not extradited to the requesting state
  • Implementing rules and regulations to be promulgated by the Anti-Money Laundering Council (AMLC) within 30 days from the effectivity of the law

Impact

The new rules aim to strengthen the country’s anti-terrorism efforts by allowing for the prosecution of individuals who commit crimes outside the country’s territory but with a connection to the Philippines. This move is seen as a significant step in combating terrorism and protecting national security.

Background

The Supreme Court approved the consolidated Senate Bill No. 3127 and House Bill No. 5015, which was finally passed by both houses of Congress on June 6, 2012. The law aims to strengthen the country’s anti-terrorism efforts and provide a comprehensive framework for preventing and suppressing terrorist activities.

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