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Republic of the Philippines A.

Article 122 (Piracy in General and Mutiny in the High Seas or in t
CONGRESS OF THE PHILIPPINES e P ilippine
THIRTEENTH CONGRESS Waters);
Third Regular ession B.Article 134 (Rebellion or Insurrection);
REPUBLIC ACT NO.________ C.Article 134-a (Coup d ‘Etat),including acts committed by private
AN ACT persons;
TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM D.Article 248 (Murder);
TERRORISM E.Article 267 (Kidnapping and Serious Illegal Detention);
Be it enacted by the Senate and House of Representatives of the F.Article 324 (Crimes Involving Destruction,
Philippines in Congress assembled: or under
SECTION 1.hort Title .– This Act s all hencefort be known as t e (1)Presidential Decree No.1613 (The Law on Arson);
“Human Security Act of (2)Republic Act No.6969 (Toxic Substances and Hazardous and
2007.” Nuclear Waste Control
SEC.2.Declaration of Policy .– It is declared a policy of the State to Act of 1990);
protect life,liberty,and (3)Republic Act No.5207,(Atomic Energy Regulatory and Liability
property from acts of terrorism,to condemn terrorism as inimical Act of 1968);
and dangerous to t e national security of (4)Republic Act No.6235 (Anti-Hijacking Law);
the country and to the welfare of the people,and to make terrorism (5)Presidential Decree No.532 (Anti-piracy and Anti-ig way Robbery
a crime against t e Filipino people, Law of 1974);
against humanity,and against t e law of nations. and,
In t e implementation of the policy stated above,t e State s all (6)Presidential Decree No.1866,as amended (Decree Codifying t e
uphold the basic rights and Laws on Illegal and
fundamental liberties of the people as enshrined in the constitution. Unlawful Possession,Manufacture,Dealing in,Acquisition or
The State recognizes t at t e fight against terrorism requires a Disposition of Firearms,
compre ensive approac , Ammunitions or Explosives)
comprising political,economic,diplomatic,military,and legal means thereby sowing and creating a condition of widespread and
duly taking into account the root extraordinary fear and panic among t e
causes of terrorism without acknowledging t ese as justifications populace,in order to coerce the government to give in to an
for terrorist and/or criminal activities. unlawful demand shall be guilty of the crime of
Suc measures shall include conflict management and post-conflict terrorism and shall suffer the penalty of forty (40)years of
peace-building,addressing the roots of imprisonment,without the benefit of parole as
conflict by building state capacity and promoting equitable provided for under Act No.4103,ot erwise known as the
economic development. Indeterminate Sentence Law,as amended.
Nothing in this Act s all be interpreted as a curtailment,restriction SEC.4.Conspiracy to Commit Terrorism .– Persons who conspire to
or diminution of constitutionally commit the crime of terrorism
recognized powers of the executive branc of the government.It is shall suffer the penalty of forty (40)years of imprisonment..-3-
to be understood,however,t at the There is conspiracy when two or more persons come to an
exercise of t e constitutionally recognized powers of the executive agreement concerning t e commission
department of the government shall not of the crime of terrorism as defined in Section 3 ereof and decide
prejudice respect for human rights whic s all be absolute and to commit the same.
protected at all times..-2- SEC.5.Accomplice .– Any person who,not being a principal under
SEC.3.Terrorism .– Any person who commits an act punis able Article 17 of the Revised
under any of t e following Penal Code or a conspirator as defined in Section 4
provisions of the Revised Penal Code: ereof,cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or Provided ,That surveillance,interception and recording of
simultaneous acts shall suffer the penalty of communications between lawyers and
from seventeen (17)years,four (4)months one day to twenty clients,doctors and patients,journalists and their sources and
(20)years of imprisonment. confidential business correspondence shall
SEC.6.Accessory .– Any person who,aving knowledge of the not be aut orized.
commission of the crime of SEC.8.Formal Application for Judicial Authorization .– The written
terrorism or conspiracy to commit terrorism,and without having order of the aut orizing division
participated t erein,either as principal or of the Court of Appeals to track down,tap,listen to,intercept,and
accomplice under Articles 17 and 18 of the Revised Penal record communications,messages,
Code,takes part subsequent to its commission conversations,discussions,or spoken or written words of any person
in any of the following manner:(a)by profiting himself or assisting suspected of the crime of terrorism or
the offender to profit by t e effects of t e the crime of conspiracy to commit terrorism shall only be granted
crime;(b)by concealing or destroying the body of t e crime,or the by t e authorizing division of the Court of
effects,or instruments t ereof,in order Appeals upon an ex parte written application of a police or of a law
to prevent its discovery;(c)by arboring,concealing,or assisting in enforcement official who has been duly
the escape of the principal or aut orized in writing by the Anti-Terrorism Council created in
conspirator of the crime,shall suffer the penalty of ten (10)years Section 53 of this Act to file suc ex parte
and one day to twelve (12)years of application,and upon examination under oat or affirmation of t e
imprisonment. applicant and t e witnesses e may
Notwithstanding the above paragrap ,t e penalties prescribed for produce to establish:(a)that there is probable cause to believe
accessories s all not be based on personal knowledge of facts or
imposed upon t ose who are suc wit respect to t eir circumstances that the said crime of terrorism or conspiracy to
spouses,ascendants,descendants,legitimate, commit terrorism has been committed,or is
natural,and adopted brot ers and sisters,or relatives by affinity being committed,or is about to be committed;(b)t at there is
within the same degrees,wit the single probable cause to believe based on
exception of accessories falling within the provisions of personal knowledge of facts or circumstances t at evidence,whic is
subparagrap (a). essential to t e conviction of any
SEC.7.urveillance of uspects and Interception and Recording of charged or suspected person for,or to t e solution or prevention
Communications .– The of,any suc crimes,will be obtained;
provisions of Republic Act No.4200 (Anti-wire Tapping Law)to the and,(c)t at t ere is no ot er effective means readily available for
contrary notwit standing,a police or acquiring suc evidence.
law enforcement official and t e members of is team may,upon a SEC.9.Classification and Contents of the Order of the Court .– The
written order of the Court of Appeals, written order granted by the
listen to,intercept and record,with t e use of any mode,form,kind or aut orizing division of the Court of Appeals as well as its order,if
type of electronic or other any,to extend or renew t e same,t e
surveillance equipment or intercepting and tracking devices,or wit t original application of t e applicant,including his application to
e use of any other suitable ways and extend or renew,if any,and the written
means for that purpose,any aut orizations of the Anti-Terrorism Council s all be deemed and are
communication,message,conversation,discussion,or spoken or hereby declared as classified
written information:Provided,That t e person being surveilled or whose
words between members of a judicially declared and outlawed communications,letters,papers,
terrorist organization,association,or group.-4- messages,conversations.Discussions,spoken or written words and
of persons or of any person c arged wit or suspected of the crime effects have been monitored,listened
of terrorism or conspiracy to commit to,bugged or recorded by law enforcement aut orities as t e right to
terrorism. be informed of the acts done by the
law enforcement aut orities in t e premises or to c allenge,if he or s another non-extendible period,w ic shall not exceed thirty (30)days
e intends to do so,t e legality of the.-5- from the expiration of t e original
interference before the Court of Appeals whic issued t e written period:Provided ,That t e aut orizing division of the Court of
order.The written order of t e Appeals is satisfied t at suc extension or
aut orizing division of the Court of Appeals shall specify the renewal is in the public interest:and Provided ,further ,That t e ex
following:(a)t e identity,suc as name and parte application for extension or.-6-
address,if known,of the charged or suspected person whose renewal,w ich must be filed by t e original applicant,as been duly
communications,messages,conversations, authorized in writing by the Anti-
discussions,or spoken or written words are to be tracked Terrorism Council.
down,tapped,listened to,intercepted,and In case of deat of the original applicant or in case he is physically
recorded and,in t e case of radio,electronic,or telep onic (w et er disabled to file the application
wireless or ot erwise) for extension or renewal,t e one next in rank to t e original
communications,messages,conversations,discussions,or spoken or applicant among the members of the team
written words,t e electronic named in t e original written order of t e authorizing division of t e
transmission systems or t e telep one numbers to be tracked Court of Appeals s all file the
down,tapped,listened to,intercepted,and application for extension or renewal:Provided,That,without
recorded and t eir locations or if the person suspected of t e crime prejudice to the liability of the police or law
of terrorism or conspiracy to commit enforcement personnel under Section 20 hereof,t e applicant police
terrorism is not fully known,suc person shall be subject to or law enforcement official shall have
continuous surveillance provided there is a thirty (30)days after t e termination of t e period granted by the
reasonable ground to do so;(b)t e identity (name,address,and t e Court of Appeals as provided in the
police or law enforcement preceding paragrap s wit in whic to file t e appropriate case before
organization)of t e police or of the law enforcement t e Public Prosecutor ’ s Office for any
official,including t e individual identity (names, violation of this Act.
addresses,and t e police or law enforcement organization)of the If no case is filed within the thirty (30)-day period,t e applicant
members of is team,judicially police or law enforcement official
aut orized to track down,tap,listen to,intercept,and record t e shall immediately notify t e person subject of the
communications,messages, surveillance,interception and recording of t e termination
conversations,discussions,or spoken or written words;(c)t e offense of the said surveillance,interception and recording.The penalty of
or offenses committed,or being ten (10)years and one day to twelve
committed,or soug t to be prevented;and,(d)the lengt of time wit (12)years of imprisonment s all be imposed upon t e applicant
in whic the aut orization shall be police or law enforcement official who fails
used or carried out. to notify t e person subject of the
SEC.10.Effective Period of Judicial Authorization .– Any aut surveillance,monitoring,interception and recording as specified
orization granted by the aut orizing above.
division of t e Court of Appeals,pursuant to Sec.9 (d)of this SEC.11.Custody of Intercepted and Recorded Communications .–
Act,shall only be effective for t e length of All tapes,discs,and
time specified in t e written order of t e aut orizing division of t e recordings made pursuant to the aut orization of the aut orizing
Court of Appeals,whic shall not division of the Court of Appeals,including
exceed a period of thirty (30)days from t e date of receipt of the all excerpts and summaries t ereof as well as all written notes or
written order of the aut orizing division of memoranda made in connection
the Court of Appeals by the applicant police or law enforcement therewit ,shall,within forty-eight (48)hours after the expiration of t
official. e period fixed in the written order of
The aut orizing division of the Court of Appeals may extend or the aut orizing division of the Court of Appeals or within forty-eight
renew the said aut orization for (48)hours after the expiration of any
extension or renewal granted by the aut orizing division of t e Court written aut ority granted by t e aut orizing division of t e Court of
of Appeals,be deposited wit the Appeals.
aut orizing Division of the Court of Appeals in a sealed envelope or The joint affidavit s all also certify under oat that no duplicates or
sealed package,as t e case may be, copies of the whole or any part
and shall be accompanied by a joint affidavit of t e applicant police of any of suc tapes,discs,and recordings,and that no duplicates or
or law enforcement official and t e copies of t e whole or any part of
members of is team. any of suc excerpts,summaries,written notes,and memoranda,have
In case of deat of t e applicant or in case e is p ysically disabled to been made,or,if made,t at all
execute t e required suc duplicates and copies are included in the sealed envelope or
affidavit,t e one next in rank to the applicant among t e members sealed package,as t e case may be,
of t e team named in the written order.-7- deposited wit the aut orizing division of t e Court of Appeals.
of the aut orizing division of the Court of Appeals shall execute wit It shall be unlawful for any person,police or law enforcement official
t e members of the team t at required to omit or exclude from the
affidavit. joint affidavit any item or portion thereof mentioned in t is
It shall be unlawful for any person,police officer or any custodian of Section..-8-
the tapes,discs and Any person,police or law enforcement officer who violates any of
recording,and t eir excerpts and summaries,written notes or the acts proscribed in t e
memoranda to copy in whatever form,to preceding paragrap shall suffer the penalty of not less than ten
remove,delete,expunge,incinerate,shred or destroy in any manner (10)years and one day to twelve (12)
the items enumerated above in whole years of imprisonment.
or in part under any pretext whatsoever. SEC.13.Disposition of Deposited Materials .– The sealed envelope
Any person who removes,deletes,expunges incinerates,shreds or or sealed package and t e
destroys t e items contents thereof,whic are deposited wit t e authorizing division of
enumerated above shall suffer a penalty of not less t an six the Court of Appeals,shall be
(6)years and one day to twelve (12)years of deemed and are hereby declared classified information,and the
imprisonment. sealed envelope or sealed package shall
SEC.12.Contents of Joint Affidavit .– The joint affidavit of t e police not be opened and its contents (including the tapes,discs,and
or of the law enforcement recordings and all t e excerpts and
official and the individual members of his team s all state:(a)the summaries t ereof and the notes and memoranda made in
number of tapes,discs,and recordings connection therewit )shall not be divulged,
that ave been made,as well as t e number of excerpts and revealed,read,replayed,or used as evidence unless aut orized by
summaries t ereof and t e number of written written order of t e aut orizing division
notes and memoranda,if any,made in connection therewit ;(b)t e of the Court of Appeals,w ic written order shall be granted only
dates and times covered by eac of upon a written application of t e
suc tapes,discs,and recordings;(c)t e number of tapes,discs,and Department of Justice filed before t e aut orizing division of t e
recordings,as well as the number of Court of Appeals and only upon a showing
excerpts and summaries t ereof and the number of written notes that t e Department of Justice as been duly aut orized in writing by
and memoranda made in connection the Anti-Terrorism Council to file the
therewit that have been included in t e deposit;and (d)the date of application with proper written notice the person w ose
the original written aut orization conversation,communication,message discussion
granted by t e Anti-Terrorism Council to t e applicant to file t e ex or spoken or written words ave been t e subject of
parte application to conduct the tracking surveillance,monitoring,recording and interception to
down,tapping,intercepting,and recording,as well as the date of any open,reveal,divulge,and use t e contents of t e sealed envelope or
extension or renewal of the original sealed package as evidence.
Any person,law enforcement official or judicial aut ority who Appeals,tracks down,taps,listens to,intercepts,and records in
violates is duty to notify in writing whatever manner or form any
the persons subject of the surveillance as defined above s all suffer communication,message,conversation,discussion,or spoken or
t e penalty of six (6)years and one written word of a person charged wit or
day to eight (8)years of imprisonment. suspected of t e crime of terrorism or the crime of conspiracy to
SEC.14.Application to Open Deposited Sealed Envelop or ealed commit terrorism shall be guilty of an
Package .– The written offense and shall suffer the penalty of ten (10)years and one day to
application wit notice to t e party concerned to open t e deposited twelve (12)years of imprisonment.
sealed envelope or sealed package In addition to t e liability attaching to the offender for t e
shall clearly state t e purpose or reason:(a)for opening the sealed commission of any ot er offense,t e
envelope or sealed package;(b)for penalty of ten (10)years and one day to twelve (12)years of
revealing or disclosing its classified contents;(c)for imprisonment and the accessory penalty of
replaying,divulging,and or reading any of the listened perpetual absolute disqualification from public office shall be
to,intercepted,and recorded imposed upon any police or law enforcement
communications,messages,conversations,discussions,or spoken or personnel who maliciously obtained an authority from the Court of
written Appeals to track down,tap,listen to,
words (including any of the excerpts and summaries thereof and intercept,and record in whatever manner or form any
any of t e notes or memoranda made in communication,message,conversation,discussion,
connection therewith);and,(d)for using any of said listened to or spoken or written words of a person charged with or suspected
,intercepted,and recorded communications,.-9- of t e crime of terrorism or conspiracy to
messages,conversations,discussions,or spoken or written words commit terrorism:Provided,That notwit standing Section 13 of t is
(including any of t e excerpts and Act,the party aggrieved by suc
summaries t ereof and any of t e notes or memoranda made in aut orization shall be allowed access to t e sealed envelope or
connection therewit )as evidence. sealed package and the contents t ereof
Any person,law enforcement official or judicial aut ority who as evidence for the prosecution of any police or law enforcement
violates is duty to notify as defined personnel who maliciously procured said
above shall suffer t e penalty of six (6)years and one day to eight aut orization..-10-
(8)years of imprisonment. SEC.17.Proscription of Terrorist Organizations,Association,or
SEC.15.Evidentiary Value of Deposited Materials .– Any listened Group of Persons .– Any
to,intercepted,and recorded organization,association,or group of persons organized for the
communications,messages,conversations,discussions,or spoken or purpose of engaging in terrorism,or which,
written words,or any part or parts alt oug not organized for t at purpose,actually uses the acts to
thereof,or any information or fact contained t erein,including t eir terrorize mentioned in this Act or to sow
existence,content,substance,purport, and create a condition of widespread and extraordinary fear and
effect,or meaning,which have been secured in violation of the panic among the populace in order to
pertinent provisions of this Act,s all coerce the government to give in to an unlawful demand shall,upon
absolutely not be admissible and usable as evidence against application of the Department of
anybody in any judicial,quasi-judicial, Justice before a competent Regional Trial Court,wit due notice and
legislative,or administrative investigation,inquiry,proceeding,or opportunity to be heard given to the
hearing. organization,association,or group of persons concerned,be declared
SEC.16.Penalty for Unauthorized or malicious Interceptions and/or as a terrorist and outlawed
Recordings .– Any police or organization,association,or group of persons by the said Regional
law enforcement personnel who,not being aut orized to do so by Trial Court.
the aut orizing division of the Court of SEC.18.Period of Detention Without Judicial Warrant of Arrest .–
The provisions of Article 125 of
the Revised Penal Code to t e contrary notwit standing,any police saturdays,sundays,olidays or after office ours,the written notice
or law enforcement personnel,who, shall be served at the residence of t e
having been duly authorized in writing by t e Anti-Terrorism Council judge nearest t e place where t e accused was arrested.
as taken custody of a person The penalty of ten (10)years and one day to twelve (12)years of
charged wit or suspected of t e crime of terrorism or t e crime of imprisonment s all be imposed
conspiracy to commit terrorism shall, upon the police or law enforcement personnel who fails to notify
without incurring any criminal liability for delay in t e delivery of any judge as provided in the preceding
detained persons to t e proper judicial paragrap .
aut orities,deliver said charged or suspected person to t e proper SEC.19.Period of Detention in the Event of an Actual or Imminent
judicial aut ority within a period of three Terrorist Attack .– In the event
(3)days counted from t e moment t e said charged or suspected of an actual or imminent terrorist attack,suspects may not be
person has been appre ended or detained for more t an t ree (3)days wit out
arrested,detained,and taken into custody by the said police,or law the written approval of a municipal,city,provincial or regional official
enforcement personnel:Provided, of a Human Rights Commission or
That t e arrest of those suspected of the crime of terrorism or judge of the municipal,regional trial court,t e Sandiganbayan or a
conspiracy to commit terrorism must result justice of the Court of Appeals nearest
from t e surveillance under Section 7 and examination of bank the place of the arrest.If t e arrest is made during
deposits under Section 27 of t is Act. Saturdays,Sundays,olidays or after office ours,the
The police or law enforcement personnel concerned shall,before arresting police or law enforcement personnel shall bring t e person
detaining t e person suspected thus arrested to the residence of any
of the crime of terrorism,present im or er before any judge at the of t e officials mentioned above that is nearest the place where t e
latter ’s residence or office nearest the accused was arrested.The approval in
place where the arrest took place at any time of the day or nig t.It writing of any of the said officials shall be secured by the police or
shall be the duty of t e judge,among law enforcement personnel concerned
ot er things,to ascertain the identity of the police or law within five (5)days after the date of t e detention of the persons
enforcement personnel and t e person or persons concerned:Provided,however ,That
they have arrested and presented before him or her,to inquire of t within three (3)days after the detention the suspects,whose
em t e reasons why t ey ave arrested connection wit t e terror attack or t reat is
the person and determine by questioning and personal observation not establis ed,s all be released immediately.
whet er or not the suspect as been SEC.20.Penalty for Failure to Deliver uspect to the Proper Judicial
subjected to any physical,moral or psyc ological torture by whom Authority Within Three (3)
and why.The judge shall then submit a Days .– The penalty of ten (10)years and one day to twelve
written report of what e/s e had observed when t e subject was (12)years of imprisonment shall be imposed
broug t before him to t e proper court.-11- upon any police or law enforcement personnel who as appre ended
that as jurisdiction over t e case of the person thus arrested.t e or arrested,detained and taken
judge s all forthwit submit is/er custody of a person charged wit or suspected of the crime of
report within three (3)calendar days from t e time t e suspect was terrorism or conspiracy to commit terrorism.-12-
broug t to his/er residence or office. and fails to deliver suc charged or suspected person to the proper
Immediately after taking custody of a person charged wit or judicial aut ority wit in the period of
suspected of the crime of terrorism or three (3)days.
conspiracy to commit terrorism,t e police or law enforcement SEC.21.Rights of a Person Under Custodial Detention .– The
personnel s all notify in writing t e judge of moment a person c arged wit or
the court nearest t e place of appre ension or arrest:Provided,That suspected of t e crime of terrorism or t e crime of conspiracy to
where t e arrest is made during commit terrorism is appre ended or
arrested and detained,he shall fort wit be informed,by the arresting crime of terrorism or the crime of conspiracy to commit terrorism
police or law enforcement officers or as been placed under custodial arrest
by t e police or law enforcement officers to whose custody the and detention s all keep a securely and orderly maintained official
person concerned is broug t,of is or er logbook,whic is hereby declared as a
right:(a)to be informed of t e nature and cause of is arrest,to public document and opened to and made available for the
remain silent and to have competent and inspection and scrutiny of t e lawyer or lawyers
independent counsel preferably of is c oice.If the person cannot of the person under custody or any member of his or er family or
afford the services of counsel of his or relative by consanguinity or affinity
her choice,t e police or law enforcement officers concerned s all within the fourt civil degree or his or her physician at any time of t
immediately contact t e free legal e day or nig t without any form of
assistance unit of the Integrated Bar of t e Philippines (IBP)or t e restriction.The logbook s all contain a clear and concise record
Public Attorney ’ s Office (PAO).It s all of:(a)the name,description,and address
be the duty of the free legal assistance unit of the IBP or the PAO t of the detained person;(b)t e date and exact time of his initial
us contacted to immediately visit the admission for custodial arrest and
person(s)detained and provide im or er wit legal assistance.These detention;(c)t e name and address of the physician or physicians
rights cannot be waived except in who examined im physically and
writing and in the presence of the counsel of c oice;(b)informed of t medically;(d)the state of his ealt and physical condition at the time
e cause or causes of is detention in of his initial admission for custodial
the presence of is legal counsel;(c)allowed to communicate freely detention;(e)the date and time of eac removal of the detained
wit his legal counsel and to confer person from his cell for interrogation or for
with them at any time without restriction;(d)allowed to any purpose;(f)the date and time of is return to is cell;(g)the name
communicate freely and privately wit out and address of t e physician or
restrictions wit the members of his family or wit his nearest physicians who physically and medically examined im after eac
relatives and to be visited by them;and,(e) interrogation;(h)a summary of the
allowed freely to avail of the service of a physician or physicians of physical and medical findings on the detained person after eac of
choice. suc interrogation;(i)t e names and
SEC.22.Penalty for Violation of the Rights of a Detainee .– Any addresses of his family members and nearest relatives,if any and if
police or law enforcement available;(j)the names and addresses
personnel,or any personnel of the police or other law enforcement of persons who visit t e detained person;(k)the date and time of
custodial unit t at violates any of the eac of such visits;(l)t e date and time
aforesaid rights of a person charged wit or suspected of the crime of each request of the detained person to communicate and confer
of terrorism or t e crime of conspiracy wit his legal counsel or counsels;(m)
to commit terrorism shall be guilty of an offense and shall suffer the date and time of eac visit,and date and time of eac departure
the penalty of ten (10)years and one day of his legal counsel or counsels;and,
to twelve (12)years of imprisonment. (n)all other important events bearing on and all relevant details
Unless t e police or law enforcement personnel who violated t e regarding the treatment of t e detained
rights of a detainee or detainees person while under custodial arrest and detention.
as stated above is duly identified,the same penalty shall be The said police or law enforcement custodial unit shall upon
imposed on the police officer or head or leader demand of the aforementioned lawyer
of the law enforcement unit having custody of t e detainee at t e or lawyers or members of the family or relatives within the fourt
time the violation was done..-13- civil degree of consanguinity or affinity of
SEC.23.Requirement for an Official Custodial Logbook and Its the person under custody or his or her physician issue a certified
Contents .– The police or ot er true copy of the entries of the logbook
law enforcement custodial unit in whose care and control t e person relative to t e concerned detained person without delay or
charged wit or suspected of the restriction or requiring any fees whatsoever
including documentary stamp tax,notarial fees,and t e like.This imprisonment
certified true copy may be attested by t e.-14- SEC.26.Restriction on Travel .-In cases where evidence of guilt is
person who as custody of t e logbook or who allowed the party not strong,and the person
concerned to scrutinize it at the time t e charged with t e crime of terrorism or conspiracy to commit
demand for the certified true copy is made. terrorism is entitled to bail and is granted the.-15-
The police or other law enforcement custodial unit who fails to same,t e court,upon application by t e prosecutor,shall limit the rig
comply wit the preceding t of travel of the accused to wit in
paragrap to keep an official logbook s all suffer the penalty of ten the municipality or city where he resides or where the case is
(10)years and one day to twelve (12) pending,in t e interest of national security
years of imprisonment. and public safety,consistent wit Article III,Section 6 of t e
SEC.24.No Torture or Coercion in Investigation and Interrogation Constitution.Travel outside of said
.– No t reat,intimidation,or municipality or city,wit out t e aut orization of t e court,s all be
coercion,and no act whic will inflict any form of physical pain or deemed a violation of the terms and
torment,or mental,moral,or conditions of is bail,whic s all then be forfeited as provided under
psychological pressure,on t e detained person,whic shall vitiate is the Rules of Court.
free-will,s all be employed in is He or s e may also be placed under house arrest by order of the
investigation and interrogation for t e crime of terrorism or the court at his or her usual place of
crime of conspiracy to commit terrorism; residence.
ot erwise,the evidence obtained from said detained person While under ouse arrest,he or she may not use telephones,cellp
resulting from suc threat,intimidation,or ones,e-mails,computers,t e
coercion,or from suc inflicted physical pain or torment,or internet or other means of communications wit people outside t e
mental,moral,or psyc ological pressure,shall residence until ot erwise ordered by
be,in its entirety,absolutely not admissible and usable as evidence the court.
in any judicial,quasi-judicial, The restrictions abovementioned shall be terminated upon t e
legislative,or administrative investigation,inquiry,proceeding,or acquittal of t e accused or of t e
hearing. dismissal of t e case filed against him or earlier upon the discretion
SEC.25.Penalty for Threat,Intimidation,Coercion,or Torture in the of the court on motion of t e
Investigation and prosecutor or of the accused.
Interrogation of a Detained Person .– Any person or persons who SEC.27.Judicial Authorization Required to Examine Bank
use t reat,intimidation,or coercion,or Deposits,Accounts,and Records.–
who inflict physical pain or torment,or mental,moral,or The provisions of Republic Act No.1405 as amended,to the contrary
psychological pressure,whic shall vitiate the free- notwithstanding,t e justices of the
will of a c arged or suspected person under investigation and Court of Appeals designated as a special court to handle anti-
interrogation for t e crime of terrorism or t e terrorism cases after satisfying t emselves of
crime of conspiracy to commit terrorism s all be guilty of an offense the existence of probable cause in a earing called for t at purpose t
and s all suffer the penalty of twelve at (1)a person charged with or
(12)years and one day to twenty (20)years of imprisonment. suspected of t e crime of terrorism or conspiracy to commit
When death or serious permanent disability of said detained person terrorism,(2)of a judicially declared and
occurs as a consequence of outlawed terrorist organization,association,or group of persons,and
the use of such t reat,intimidation,or coercion,or as a consequence (3)of a member of such judicially
of the infliction on him of suc declared and outlawed organization,association,or group of
physical pain or torment,or as a consequence of the infliction on persons,may aut orize in writing any police
him of suc mental,moral,or or law enforcement officer and the members of his/her team duly
psychological pressure,t e penalty shall be twelve (12)years and aut orized in writing by t e anti-terrorism
one day to twenty (20)years of
council to:(a)examine,or cause t e examination of,t e applicant,including his ex parte application to extend or renew,if
deposits,placements,trust accounts,assets and any,and t e written aut orizations of the
records in a bank or financial institution;and (b)gat er or cause t e Anti Terrorism Council,shall be deemed and are hereby declared as
gathering of any relevant information classified information:Provided,That
about such deposits,placements,trust accounts,assets,and records the person whose bank deposits,placements,trust
from a bank or financial institution. accounts,assets,and records ave been examined,
the bank or financial institution concerned shall not refuse to allow frozen,sequestered and seized by law enforcement aut orities as
suc examination or to provide the the right to be informed of t e acts
desired information,w en so ordered by and served wit t e written done by the law enforcement aut orities in t e premises or to
order of t e Court of Appeals..-16- challenge,if he or she intends to do so,the
SEC.28.Application to Examine Bank Deposits,Accounts,and legality of the interference.The written order of the authorizing
Records.– The written order of division of t e Court of Appeals designated
the Court of Appeals authorizing the examination of bank to andle cases involving terrorism s all specify:(a)t e identity of the
deposits,placements,trust accounts,assets, said:(1)person charged wit or
and records:(1)of a person charged wit or suspected of the crime suspected of t e crime of terrorism or conspiracy to commit
of terrorism or conspiracy to commit terrorism,(2)judicially declared and outlawed.-17-
terrorism,(2)of any judicially declared and outlawed terrorist terrorist organization,association,or group of persons,and
organization,association,or group of (3)member of suc judicially declared and
persons,or (3)of any member of suc organization,association,or outlawed organization,association,or group of persons,as the case
group of persons in a bank or financial may be,whose deposits,placements,
institution,and t e gat ering of any relevant information about t e trust accounts,assets,and records are to be examined or the
same from said bank or financial information to be gat ered;(b)the identity of
institution,shall only be granted by the aut orizing division of t e the bank or financial institution where suc
Court of Appeals upon an ex parte deposits,placements,trust accounts,assets,and records are
application to t at effect of a police or of a law enforcement official held and maintained;(c)the identity of t e persons who will conduct
who as been duly aut orized in writing the said examination and the
to file such ex parte application by t e Anti-Terrorism Council gat ering of t e desired information;and,(d)the lengt of time the aut
created in Section 53 of t is Act to file suc orization shall be carried out.
ex parte application,and upon examination under oat or affirmation SEC.30.Effective Period of Court Authorization to Examine and
of t e applicant and t e witnesses e Obtain Information on Bank
may produce to establis t e facts that will justify t e need and Deposits,Accounts,and Records.– The aut orization issued or
urgency of examining and freezing t e granted by the aut orizing division of the
bank deposits,placements,trust accounts,assets,and records:(1)of Court of Appeals to examine or cause the examination of and to
the person charged wit or freeze bank deposits,placements,trust
suspected of t e crime of terrorism or conspiracy to commit accounts,assets,and records,or to gat er information about the
terrorism,(2)of a judicially declared and same,shall be effective for the lengt of
outlawed terrorist organization,association or group of persons,or time specified in t e written order of t e aut orizing division of t e
(3)of any member of suc organization, Court of Appeals,whic shall not
association,or group of persons. exceed a period of thirty (30)days from t e date of receipt of the
SEC.29.Classification and Contents of the Court Order Authorizing written order of the aut orizing division of
the Examination of Bank the Court of Appeals by the applicant police or law enforcement
Deposits,Accounts,and Records.– The written order granted by the official.
aut orizing division of t e Court of The aut orizing division of the Court of Appeals may extend or
Appeals as well as its order,if any,to extend or renew t e same,the renew the said aut orization for
original ex parte application of t e
another period,which s all not exceed thirty (30)days renewable to deposits,placements,trust accounts,assets and records of:(1)a
anot er thirty (30)days from the person c arged wit or suspected of the
expiration of the original period,provided that the aut orizing crime of terrorism or the crime of conspiracy to commit
division of the Court of Appeals is satisfied terrorism,(2)a judicially declared and outlawed
that such extension or renewal is in the public interest,and terrorist organization,association,or group of persons,or (3)a
provided furt er t at t e application for member of any suc organization,
extension or renewal,whic must be filed by t e original applicant,as association,or group of persons shall,wit in forty-eight (48)ours
been duly authorized in writing by after the expiration of t e period fixed in
the Anti-Terrorism Council. the written order of t e authorizing division of t e Court of Appeals
In case of deat of the original applicant or in case he is physically or within forty-eig t (48)ours after the
disabled to file the application expiration of t e extension or renewal granted by t e aut orizing
for extension or renewal,t e one next in rank to t e original division of t e Court of Appeals,be
applicant among the members of the team deposited wit t e aut orizing division of t e Court of Appeals in a
named in t e original written order of t e authorizing division of t e sealed envelope or sealed package,as
Court of Appeals s all file the the case may be,and shall be accompanied by a joint affidavit of
application for extension or renewal:Provided,That,without the applicant police or law enforcement
prejudice to the liability of the police or law official and t e persons w o actually conducted the examination of
enforcement personnel under Section 19 hereof,t e applicant police said bank deposits,placements,trust
or law enforcement official shall have accounts,assets and records.
thirty (30)days after t e termination of t e period granted by the SEC.32.Contents of Joint Affidavit.– The joint affidavit s all
Court of Appeals as provided in the.-18- state:(a)t e identifying marks,
preceding paragrap s wit in whic to file t e appropriate case before numbers,or symbols of t e deposits,placements,trust
t e Public Prosecutor ’ s Office for any accounts,assets,and records examined;(b)t e
violation of this Act. identity and address of t e bank or financial institution where suc
If no case is filed within the thirty (30)-day period,t e applicant deposits,placements,trust accounts,.-19-
police or law enforcement official assets,and records are held and maintained;(c)the number of bank
shall immediately notify in writing t e person subject of t e bank deposits,placements,trust accounts,
examination and freezing of bank assets,and records discovered,examined,and frozen;(d)the
deposits,placements,trust accounts,assets and records.The penalty outstanding balances of eac of suc
of ten (10)years and one day to deposits,placements,trust accounts,assets;(e)all
twelve (12)years of imprisonment shall be imposed upon the information,data,excerpts,summaries,notes,
applicant police or law enforcement official memoranda,working sheets,reports,documents,records examined
who fails to notify in writing t e person subject of the bank and placed in t e sealed envelope or
examination and freezing of bank deposits, sealed package deposited wit t e aut orizing division of the Court of
placements,trust accounts,assets and records. Appeals;(f)t e date of t e original
Any person,law enforcement official or judicial aut ority who written aut orization granted by t e Anti-Terrorism Council to the
violates is duty to notify in writing as applicant to file t e ex parte application to
defined above shall suffer t e penalty of six (6)years and one day conduct t e examination of t e said bank deposits,placements,trust
to eig t (8)years of imprisonment. accounts,assets and records,as well
SEC.31.Custody of Bank Data and Information Obtained after as the date of any extension or renewal of the original written aut
Examination of Deposits, orization granted by t e aut orizing
Placements,Trust Accounts,Assets and Records.– All division of t e Court of Appeals;and (g)that t e items enumerated
information,data,excerpts,summaries,notes, were all t at were found in t e bank or
memoranda,working s eets,reports,and ot er documents obtained financial institution examined at t e time of t e completion of t e
from the examination of t e bank examination.
The joint affidavit s all also certify under oat that no duplicates or SEC.34.Application to Open Deposited Bank Materials.– The
copies of the information,data, written application,wit notice in
excerpts,summaries,notes,memoranda,working sheets,reports,and writing to the party concerned not later t an three (3)days of the
documents acquired from t e scheduled opening,to open the sealed
examination of the bank deposits,placements,trust accounts,assets envelope or sealed package s all clearly state the purpose and
and records have been made,or,if reason:(a)for opening the sealed
made,that all suc duplicates and copies are placed in t e sealed envelope or sealed package;(b)for revealing and disclosing its
envelope or sealed package deposited classified contents;and,(c)for using t e
with t e aut orizing division of t e Court of Appeals. classified
It shall be unlawful for any person,police officer or custodian of t e information,data,excerpts,summaries,notes,memoranda,working
bank data and information sheets,reports,and
obtained after examination of deposits,placements,trust documents as evidence.
accounts,assets and records to copy,to remove, SEC.35.Evidentiary Value of Deposited Bank Materials.– Any
delete,expunge,incinerate,s red or destroy in any manner the items information,data,excerpts,
enumerated above in whole or in summaries,notes,memoranda,work sheets,reports,or documents
part under any pretext w atsoever. acquired from t e examination of the
Any person who copies,removes,deletes,expunges bank deposits,placements,trust accounts,assets and records
incinerates,shreds or destroys t e items of:(1)a person c arged or suspected of
enumerated above shall suffer a penalty of not less t an six the crime of terrorism or the crime of conspiracy to commit
(6)years and one day to twelve (12)years of terrorism,(2)a judicially declared and outlawed
imprisonment. terrorist organization,association,or group of persons,or (3)a
SEC.33.Disposition of Bank Materials.– The sealed envelope or member of suc organization,association,
sealed package and t e or group of persons,whic ave been secured in violation of the
contents thereof,whic are deposited wit t e authorizing division of provisions of this Act,shall absolutely not
the Court of Appeals,shall be be admissible and usable as evidence against anybody in any
deemed and are hereby declared classified information,and the judicial,quasi-judicial,legislative,or
sealed envelope or sealed package shall administrative investigation,inquiry,proceeding,or earing.
not be opened and its contents shall not be SEC.36.Penalty for Unauthorized or Malicious Examination of a
divulged,revealed,read,or used as evidence unless.-20- Bank or a Financial Institution.–
aut orized in a written order of the aut orizing division of the Court Any person,police or law enforcement personnel who examines the
of Appeals,w ic written order shall be deposits,placements,trust accounts,
granted only upon a written application of the Department of assets,or records in a bank or financial institution of:(1)a person c
Justice filed before the aut orizing division of arged with or suspected of t e crime
the Court of Appeals and only upon a showing t at t e Department of terrorism or t e crime of conspiracy to commit terrorism,(2)a
of Justice has been duly aut orized in judicially declared and outlawed terrorist.-21-
writing by t e Anti-Terrorism Council to file t e application,with organization,association,or group of persons,or (3)a member of suc
notice in writing to the party concerned not organization,association,or group
later t an t ree (3)days before the scheduled opening,to of persons,without being aut orized to do so by the Court of
open,reveal,divulge,and use t e contents of Appeals,shall be guilty of an offense and
the sealed envelope or sealed package as evidence. shall suffer the penalty of ten (10)years and one day to twelve
Any person,law enforcement official or judicial aut ority who (12)years of imprisonment.
violates is duty to notify in writing as In addition to t e liability attaching to the offender for t e
defined above shall suffer t e penalty of six (6)years and one day commission of any ot er offense,t e
to eig t (8)years of imprisonment. penalty of ten (10)years and one day to twelve (12)years of
imprisonment s all be imposed upon any
police or law enforcement personnel,who maliciously obtained an and communication equipment,supplies and other implements,and
aut ority from the Court of Appeals to property of whatever kind and nature
examine the deposits,placements,trust accounts,assets,or records belonging:(1)to any person suspected of or charged before a
in a bank or financial institution of:(1) competent Regional Trial Court for the
a person c arged with or suspected of t e crime of terrorism or crime of terrorism or the crime of conspiracy to commit
conspiracy to commit terrorism,(2)a terrorism;(2)to a judicially declared and outlawed
judicially declared and outlawed terrorist organization,association,or group of persons;or (3)to a member of
organization,association,or group of persons,or (3)a member of suc organization,association,or
suc organization,association,or group of persons:Provided,That group of persons shall be seized,sequestered,and frozen in order to
notwithstanding Section 33 of this Act, prevent t eir use,transfer,or
the party aggrieved by suc authorization s all upon motion duly conveyance for purposes t at are inimical to t e safety and security
filed be allowed access to the sealed of the people or injurious to t e
envelope or sealed package and the contents thereof as evidence interest of the State.
for the prosecution of any police or law The accused or a person suspected of may withdraw such sums as
enforcement personnel who maliciously procured said aut orization. may be reasonably needed by
SEC.37.Penalty of Bank Officials and Employees Defying a Court the mont ly needs of his family including t e services of his or her
Authorization.– An employee, counsel and his or er family ’ s medical
official,or a member of the board of directors of a bank or financial needs upon approval of t e court.He or she may also use any of is
institution,who refuses to allow the property that is under seizure or
examination of t e deposits,placements,trust accounts,assets,and sequestration or frozen because of his or er indictment as a
records of:(1)a person charged wit terrorist upon permission of the court for any
or suspected of the crime of terrorism or the crime of conspiracy to legitimate reason.
commit terrorism,(2)a judicially Any person who unjustifiably refuses to follow the order of the
declared and outlawed terrorist organization,association,or group of proper division of the Court of
persons,or (3)a member of such Appeals to allow t e person accused of t e crime of terrorism or of
judicially declared and outlawed organization,association,or group the crime of conspiracy to commit
of persons in said bank or financial terrorism to withdraw suc sums from sequestered or frozen
institution,when duly served wit the written order of t e aut orizing deposits,placements,trust accounts,assets
division of t e Court of Appeals,shall and records as may be necessary for t e regular sustenance of is or
be guilty of an offense and s all suffer the penalty of ten (10)years er family or to use any of is or er
and one day to twelve (12)years of property that as been seized,sequestered or frozen for legitimate
imprisonment. purposes while is or er case is
SEC.38.Penalty for False or Untruthful tatement or pending shall suffer the penalty of ten (10)years and one day to
Misrepresentation of Material Fact in Joint twelve (12)years of imprisonment.
Affidavits.– Any false or untruthful statement or misrepresentation SEC.40.Nature of eized,equestered and Frozen Bank
of material fact in the joint affidavits Deposits,Placements,Trust Accounts,
required respectively in Section 12 and Section 32 of t is Act shall Assets and Records.– The seized,sequestered and frozen bank
constitute a criminal offense and the.-22- deposits,placements,trust accounts,
affiants shall suffer individually the penalty of ten (10)years and assets and records belonging to a person suspected of or charged
one day to twelve (12)years of wit t e crime of terrorism or
imprisonment. conspiracy to commit terrorism shall be deemed as property eld in
SEC.39.Seizure and equestration .– The deposits and t eir trust by the bank or financial institution.-23-
outstanding balances,placements, for suc person and the government during the pendency of t e
trust accounts,assets,and records in any bank or financial investigation of the person suspected of or
institution,moneys,businesses,transportation
during t e pendency of t e trial of the person c arged wit any of t e unjustifiably refuses to restore or delays t e restoration of
said crimes,as t e case may be and seized,sequestered and frozen bank deposits,
their use or disposition while the case is pending s all be subject to placements,trust accounts,assets and records of a person
the approval of the court before whic suspected of or charged wit the crime of.-24-
the case or cases are pending. terrorism or conspiracy to commit terrorism after suc suspected
SEC.41.Disposition of the eized,Sequestered and Frozen Bank person has been found innocent by the
Deposits,Placements,Trust investigating body or after the case against suc charged person as
Accounts,Assets and Record.– If t e person suspected of or charged been dismissed or after he is
wit t e crime of terrorism or acquitted by a competent court shall suffer the penalty of ten
conspiracy to commit terrorism is found,after his investigation,to (10)years and one day to twelve (12)years
be innocent by the investigating body,or of imprisonment.
is acquitted,after is arraignment or is case is dismissed before his SEC.43.Penalty for the Loss,Misuse,Diversion or Dissipation of
arraignment by a competent court, eized,equestered and
the seizure,sequestration and freezing of is bank Frozen Bank Deposits,Placements,Trust Accounts,Assets and
deposits,placements,trust accounts,assets and Records.– Any person who is responsible
records shall forthwit be deemed lifted by t e investigating body or for t e loss,misuse,diversion,or dissipation of t e whole or any part
by t e competent court,as t e case of t e seized,sequestered and
may be,and is bank deposits,placements,trust accounts,assets and frozen bank deposits,placements,trust accounts,assets and records
records shall be deemed released of a person suspected of or charged
from suc seizure,sequestration and freezing,and shall be restored with the crime of terrorism or conspiracy to commit terrorism s all
to im without any delay by the bank suffer the penalty of ten (10)years and
or financial institution concerned without any furt er action on his one day to twelve (12)years of imprisonment.
part.The filing of any appeal on motion SEC.44.Infidelity in the Custody of Detained Persons .– Any public
for reconsideration shall not state the release of said funds from officer who as direct custody
seizure,sequestration and freezing. of a detained person under the provisions of t is Act and who by is
If t e person charged wit t e crime of terrorism or conspiracy to deliberate act,misconduct,or
commit terrorism is convicted by inexcusable negligence causes or allows the escape of suc detained
a final judgment of a competent trial court,is seized,sequestered person shall be guilty of an offense
and frozen bank deposits,placements, and shall suffer the penalty of:(a)twelve (12)years and one day to
trust accounts,assets and records shall be automatically forfeited in twenty (20)years of imprisonment,if
favor of t e government. the detained person has already been convicted and sentenced in a
Upon is or her acquittal or t e dismissal of the charges against him final judgment of a competent court;
or her,the amount of Five and (b)six (6)years and one day to twelve (12)years of
Hundred Thousand Pesos (P500,000.00)a day for t e period in whic imprisonment,if t e detained person as not been
is properties,assets or funds were convicted and sentenced in a final judgment of a competent court.
seized shall be paid to him on t e concept of liquidated SEC.45.Immunity and Protection of Government Witnesses .– The
damages.The amount s all be taken from t e provisions of Republic Act No.
appropriations of the police or law enforcement agency that caused 6981 (Witness Protection,Security and Benefits Act)to the contrary
the filing of t e enumerated charges notwit standing,t e immunity of
against him or her. government witnesses testifying under this Act shall be governed
SEC.42.Penalty for Unjustified Refusal to Restore or Delay in by Sections 17 and 18 of Rule 119 of the
Restoring eized,equestered Rules of Court:Provided,however,That said witnesses shall be
and Frozen Bank Deposits,Placements,Trust Accounts,Assets and entitled to benefits granted to witnesses
Records.– Any person who under said Republic Act No.6981.
SEC.46.Penalty for Unauthorized Revelation of Classified Materials prejudice to the rig t of t e acquitted accused to file criminal or
.– The penalty of ten (10) administrative c arges against t ose
years and one day to twelve (12)years of imprisonment s all be responsible for charging im wit the case of terrorism.
imposed upon any person,police or law Any officer,employee,personnel,or person who delays t e release or
enforcement agent,judicial officer or civil servant who,not being aut refuses to release t e
orized by t e Court of Appeals to do amounts awarded to t e individual acquitted of the crime of
so,reveals in any manner or form any classified information under terrorism as directed in the paragrap
this Act..-25- immediately preceding shall suffer t e penalty of six (6)mont s of
SEC.47.Penalty for Furnishing False Evidence,Forged Document,or imprisonment..-26-
purious Evidence .– The If t e deductions are less than t e amounts due to t e detained
penalty of twelve (12)years and one day to twenty (20)years of persons,the amount needed to
imprisonment shall be imposed upon any complete the compensation s all be taken from the current
person who knowingly furnishes false testimony,forged document appropriations for intelligence,emergency,
or spurious evidence in any social or ot er funds of the Office of the President.
investigation or earing under t is Act. In t e event that t e amount cannot be covered by the current
SEC.48.Continuous Trial.-In cases of terrorism or conspiracy to budget of the police or law
commit terrorism,the judge enforcement agency concerned,the amount shall be automatically
shall set t e case for continuous trial on a daily basis from Monday included in t e appropriations of t e
to Friday or other short-term trial said agency for the coming year.
calendar so as to ensure speedy trial. SEC.51.Duty to Record and Report the Name and Address of the
SEC.49.Prosecution Under This Act hall Be a Bar to Another Informant .-The police or law
Prosecution Under the Revised enforcement officers to w om the name of a suspect in the crime of
Penal Code or Any Special Penal Laws.-When a person as been terrorism was first revealed shall
prosecuted under a provision of t is record the real name and t e specific address of the informant.
Act,upon a valid complaint or information or ot er formal c arge The police or law enforcement officials concerned s all report t e
sufficient in form and substance to informant ’ s name and address to
sustain a conviction and after t e accused had pleaded to t e their superior officer who shall transmit t e information to the
charge,the acquittal of the accused or the Congressional Oversig t Committee or to the
dismissal of t e case s all be a bar to anot er prosecution for any proper court within five (5)days after the suspect was placed under
offense or felony w ic is necessarily arrest or is properties were
included in the offense charged under t is Act. sequestered,seized or frozen.
SEC.50.Damages for Unproven Charge of Terrorism .– Upon The name and address of the informant shall be considered
acquittal,any person who is confidential and s all not be
accused of terrorism shall be entitled to t e payment of damages in unnecessarily revealed until after the proceedings against the
t e amount of Five Hundred Thousand suspect shall have been terminated.
Pesos (P500,000.00)for every day that e or she has been detained SEC.52.Applicability of the Revised Penal Code.-The provisions of
or deprived of liberty or arrested Book I of the Revised Penal
without a warrant as a result of suc an accusation.The amount of Code shall be applicable to t is Act.
damages s all be automatically SEC.53.Anti-Terrorism Council .– An Anti-Terrorism
charged against the appropriations of t e police agency or the Anti- Council,hereinafter referred to,for brevity,
Terrorism Council t at brought or as t e “Council,” is ereby created.The members of the Council
sanctioned the filing of t e charges against the accused.It s all also are:(1)t e Executive Secretary,who
be released wit in fifteen (15)days shall be its c airperson;(2)t e Secretary of Justice,who s all be its
from the date of the acquittal of the accused.The award of Vice Chairperson;and (3)the
damages mentioned above shall be without
Secretary of Foreign Affairs;(4)the Secretary of National 3.Direct the speedy investigation and prosecution of all persons
Defense;(5)the Secretary of the Interior and accused or detained for t e
Local Government;(6)the Secretary of Finance;and (7)the National crime of terrorism or conspiracy to commit terrorism and other
Security Advisor,as its other offenses punis able under
members. this Act,and monitor t e progress of their cases;
The Council s all implement t is Act and assume the responsibility 4.Establis and maintain compre ensive data-base information
for t e proper and effective systems on terrorism,terrorist activities,
implementation of the anti-terrorism policy of the country.The and counter-terrorism operations;
Council shall keep records of its proceedings 5.Freeze the funds property,bank deposits,placements,trust
and decisions.All records of t e Council shall be subject to suc accounts,assets and records
security classifications as t e Council.-27- belonging to a person suspected of or c arged wit t e crime of
may,in its judgment and discretion,decide to adopt to safeguard terrorism or conspiracy to.-28-
the safety of the people,the security of commit terrorism,pursuant to Republic Act No.9160 ot erwise
the Republic,and the welfare of t e nation. known as t e Anti-Money
The National Intelligence Coordinating Agency shall be t e Laundering Act of 2001,as amended;
Secretariat of t e Council.The Council 6.Grant monetary rewards and ot er incentives to informers who
shall define t e powers,duties,and functions of t e National give vital information
Intelligence Coordinating Agency as leading to the appre ension,arrest,detention,prosecution,and
Secretariat of the Council.The National Bureau of Investigation,the conviction of person or
Bureau of Immigration,the Office of persons who are liable for t e crime of terrorism or conspiracy to
Civil Defense,t e Intelligence Service of the Armed Forces of t e commit terrorism;
Philippines,the Anti-Money Laundering 7.Establis and maintain coordination wit and t e cooperation and
Council,the Philippine Center on Transnational Crime,and the assistance of ot er
Philippine National Police intelligence and nations in t e struggle against international terrorism;and
investigative elements shall serve as support agencies for the 8.Request the Supreme Court to designate specific divisions of t e
Council. Court of Appeals and
The Council shall formulate and adopt compre regional trial courts in Manila,Cebu City and Cagayan de Oro City,as
ensive,adequate,efficient,and effective anti- the case may be,to
terrorism plans,programs,and counter-measures to suppress and handle all cases involving the crime of terrorism or conspiracy to
eradicate terrorism in t e country and to commit terrorism and all
protect the people from acts of terrorism.Not ing herein shall be matters incident to said crimes.The Secretary of Justice shall assign
interpreted to empower the Anti-Terrorism a team of
Council to exercise any judicial or quasi-judicial power or aut ority. prosecutors from:(a)Luzon to andle terrorism cases filed in the
SEC.54.Functions of the Council .– In pursuit of its mandate in the regional trial court in
previous Section,t e Council Manila;(b)from t e Visayas to handle cases filed in Cebu City;and
shall have the following functions with due regard for the rig ts of t (c)from Mindanao to
e people as mandated by t e handle cases filed in Cagayan de Oro City.
Constitution and pertinent laws: SEC.55.Role of the Commission on Human Rights .-The
1.Formulate and adopt plans,programs and counter-measures Commission on Human Rights shall
against terrorists and acts of give the highest priority to t e investigation and prosecution of
terrorism in t e country; violations of civil and political rights of
2.Coordinate all national efforts to suppress and eradicate acts of persons in relation to the implementation of t is Act;and for this
terrorism in the country purpose,the Commission shall have the
and mobilize the entire nation against terrorism proscribed in t is concurrent jurisdiction to prosecute public officials,law
Act; enforcers,and other persons who may ave
violated the civil and political rights of persons suspected whic t e P ilippines is a signatory and to any contrary provision of
of,accused of,or detained for t e crime of any law of preferential application,the
terrorism or conspiracy to commit terrorism. provisions of this Act shall apply:(1)to individual persons who
SEC.56.Creation of a Grievance Committee .-There is ereby commit any of the crimes defined and
created a Grievance Committee punis ed in this Act within t e terrestrial domain,interior
composed of the Ombudsman,as chair,and the Solicitor waters,maritime zone,and airspace of the
General,and an undersecretary from t e Philippines;(2)to individual persons who,alt oug physically outside
Department of Justice (DOJ),as members,to receive and evaluate the territorial limits of t e Philippines,
complaints against t e actuations of commit,conspire or plot to commit any of the crimes defined and
the police and law enforcement officials in the implementation of t punished in t is Act inside the territorial
is Act.The Committee shall old office limits of the Philippines;(3)to individual persons who,alt oug
in Manila..-29- physically outside the territorial limits of t e
The Committee s all ave three (3)subcommittees t at will be Philippines,commit any of t e said crimes on board Philippine ship
respectively eaded by t e Deputy or P ilippine airship;(4)to individual
Ombudsmen in Luzon,t e Visayas and Mindanao.The persons who commit any of said crimes within any
subcommittees s all respectively hold office at the embassy,consulate,or diplomatic premises belonging
Offices of Deputy Ombudsmen.Three (3)Assistant Solicitors General to or occupied by t e Philippine government in an official
designated by the Solicitor General, capacity;(5)to individual persons who,alt oug
and t e regional prosecutors of t e DOJ assigned to the regions physically outside t e territorial limits of t e Philippines,commit said
where t e Deputy Ombudsmen old crimes against Philippine citizens or.-30-
office shall be members thereof.The three (3)subcommittees shall persons of P ilippine descent,where their citizenship or et nicity was
assist the Grievance Committee in a factor in the commission of the
receiving,investigating and evaluating complaints against the police crime;and (6)to individual persons who,alt oug physically outside
and other law enforcement officers in the territorial limits of t e Philippines,
the implementation of the Act.If t e evidence warrants it,t ey may commit said crimes directly against t e Philippine government.
file t e appropriate cases against the SEC.59.Joint Oversight Committee .-There is ereby created a Joint
erring police and law enforcement officers.Unless seasonably Oversight Committee to
disowned or denounced by t e oversee t e implementation of t is Act.
complainants,decisions or judgments in t e said cases shall The Oversight Committee shall be composed of five (5)members
preclude the filing of ot er cases based on eac from the Senate and the
the same cause or causes of action as those that were filed wit the House in addition to the C airs of the Committees of Public Order of
Grievance Committee or its branc es. bot Houses who shall also Chair t e
SEC.57.Ban on Extraordinary Rendition .-No person suspected or Oversight Committee in the order specified erein.The members ip
convicted of the crime of of t e Committee for every House
terrorism shall be subjected to extraordinary rendition to any shall at least ave two (2)opposition or minority members.The Joint
country unless his or her testimony is needed Oversight Committee shall have its
for terrorist related police investigations or judicial trials in t e said own independent counsel.
country and unless his or her human The Chair of t e Committee s all rotate every six (6)mont s wit t e
rights,including t e right against torture,and right to counsel,are Senate chairing it for the first
officially assured by the requesting six (6)mont s and the House for t e next six (6)mont s.In every
country and transmitted accordingly and approved by t e case,t e ranking opposition or minority
Department of Justice. member of t e Committee shall be the Vice C air.
SEC.58.Extra-Territorial Application of this Act .– Subject to t e Upon t e expiration of one year after this Act is approved by t e
provision of an existing treaty of President,t e Committee shall
review t e Act particularly t e provisions t at aut orize the in Cagayan de Oro,Davao and General Santos City.
surveillance of suspects of or persons charged The title of t e Act and its provisions defining the acts of terrorism
with the crime of terrorism.To t at end,t e Committee shall summon that are punis ed s all be aired
the police and law enforcement everyday at primetime for seven (7)days,morning,noon and night
officers and the members of the Anti-Terrorism Council and require over three (3)national television and
t em to answer questions from the radio networks;three (3)radio and television networks,one eac in
members of Congress and to submit a written report of the acts Cebu,Tacloban and Iloilo;and in five
they ave done in t e implementation of (5)radio and television networks,one eac in Lanao del Sur,Cagayan
the law including t e manner in whic the persons suspected of or de Oro,Davao City,Cotabato City
charged wit the crime of terrorism and Zamboanga City.The publication in the newspapers of local
have been dealt wit in their custody and from the date when the circulation and t e announcements over
movements of the latter were subjected local radio and television networks s all be done in t e dominant
to surveillance and his or er language of the community.
correspondences,messages,conversations and t e like were listened After t e publication required above shall ave been done,t e Act s
to or all take effect two (2)mont s
subjected to monitoring,recording and tapping. after the elections are eld in May 2007.
Wit out prejudice to its submitting other reports,the Committee Thereafter,the provisions of t is Act s all be automatically
shall render a semi-annual report suspended one mont before and two
to bot Houses of Congress.The report may include where necessary months after t e holding of any election.
a recommendation to reassess t e Approved,
effects of globalization on terrorist activities on the people,provide
a sunset clause to or amend any
portion of t e Act or to repeal the Act in its entirety..-31-
The courts dealing wit anti-terrorism cases shall submit to
Congress and the President a report
every six (6)months of the status of anti-terrorism cases t at have
been filed wit them starting from the
date t is Act is implemented.
SEC.60.eparability Clause .– If for any reason any part or provision
of this Act is declared
unconstitutional or invalid,the ot er parts or provisions hereof w ich
are not affected thereby shall remain
and continue to be in full force and effect.
SEC.61.Repealing Clause .– All laws,decrees,executive orders,rules
or regulations or parts
thereof,inconsistent wit the provisions of t is Act are hereby
repealed,amended,or modified accordingly.
SEC.62.pecial Effectivity Clause.-After t e bill shall have been
signed into law by t e
President,the Act shall be publis ed in three (3)newspapers of
national circulation;three (3)newspapers
of local circulation,one eac in Ilocos Norte,Baguio City and
Pampanga;three (3)newspapers of local
circulation,one eac in Cebu,Iloilo and Tacloban;and t ree
(3)newspapers of local circulation,one eac