Oversights in the HSA?

Published by the Visayan Daily Star Publications, Inc.

NINFA R. LEONARDIA Editor-in-Chief & President

CARLA P. GOMEZ Editor GUILLERMO TEJIDA III Desk Editor NANETTE L. GUADALQUIVER Busines Editor CEDELF P. TUPAS Sports Editor (On Leave) RENE GENOVE Bureau Chief, Dumaguete MAJA P. DELY Advertising Coordinator

CARLOS ANTONIO L. LEONARDIA Administrative Officer

The misgivings of both officials and ordinary citizens over the provisions of the so-call Human Security Act, better known as the Anti-Terrorism Law, have been reinforced by the recent observation of a high-ranking official of the Bangko Sentral ng Pilipinas that it contains loopholes that could give advantages to the very people it is supposed to save us from - the terrorists.

This, said the general counsel of the BSP, is because the HSA, while it covers bank deposits, trust accounts, placements, assets and records, does not include foreign currency deposits.

This, he further said, could allow terrorist groups to maintain their funds in foreign currencies which are not covered by the HSA and are, in fact, protected by the General Banking Law which provides for secrecy. Under the HSA, such funds could only be probed by law enforcement agencies, and not by the BSP because it is not mandated to conduct such investigation, although it is the agency that has the capability to do this, and not the law enforcers.

Meanwhile, Senator Aquilino Pimentel has again pointed out that the crimes delineated in the HSA are already covered by other laws enacted by the country, and that the penalties for them are prescribed in the Revised Penal Code. That is why the HSA has even been referred to by some solons as nothing but a "paper tiger".

There is also a perception in various sectors that the HSA, or Republic Act 9372, does not clearly define what "terrorism" is and only makes it illegal for anyone to commit certain acts that, as earlier mentioned, are already punishable under present laws.

But perhaps that is what makes the HSA ominous for those who have really studied its provisions and the leeways it grants those in charge of enforcing it. It apparently does not only threaten some of our freedoms, but can also impact on the economy of the country, as well.*