Criminal Law – TITLE ONE
Special Laws
Commonwealth Act No. 616
AN ACT TO PUNISH ESPIONAGE
AND OTHER OFFENSES AGAINST
THE NATIONAL SECURITY
SECTION 1. Unlawfully obtaining or
permitting to be obtained information
affecting national defense. — (a) Whoever,
for the purposes of obtaining information
respecting the national defense with intent
or reason to believe that the information to
be obtained is to be used to the injury of
the Philippines or of the United States, or
to the advantage of any foreign nation,
goes upon, enters, flies over, or otherwise
obtains information concerning any vessel,
aircraft, work of defense, navy yard, naval
station, submarine base, coaling station,
fort, battery, torpedo station, dockyard,
canal, railroad, arsenal, camp, factory,
mine, telegraph, telephone, wireless, or
signal station, building, office, or other
place connected with the national defense,
owned or constructed, or in progress of
construction by the Philippines or by the
United States or under the control of the
Philippines or of the United States, or any
of its officers or agents, or within the
exclusive jurisdiction of the Philippines or
of the United States, or any place in which
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any vessel, aircraft, arms, munitions, or
other materials or instruments for the use
in time of war are being made, prepared,
repaired, or stored, under any contract or
agreement with the Philippines or the
United States, or with any person on behalf
of the Philippines or the United States, or
otherwise on behalf of the Philippines or
the United States, or any prohibited place
within the meaning of section six hereof;
or
(b) Whoever, for the purpose aforesaid,
and with like intent or reason to believe,
copies, takes, makes, or obtains, or
attempts, or induces or aids another to
copy, take, make, or obtain, any sketch,
photograph, photographic negative, blue
print, plan, map, model, instrument,
appliance, document, writing, or note of
anything connected with the national
defense; or
(c) Whoever, for the purpose aforesaid,
receives or obtains or agrees or attempts or
induces or aids another to receive or obtain
from any person, or from any source
whatever, any document, writing, code
book, signal book, sketch, photograph,
photographic negative, blue print, plan,
map, model, instrument, appliance, or note
of anything connected with the national
defense, knowing or having reason to
believe, at the time he receives or obtains,
or agrees or attempts or induces or aids
another to receive or obtain it, that it has
been or will be obtained, taken, made, or
disposed of by any person contrary to the
provisions of this Act; or
(d) Whoever, lawfully or unlawfully
having possession of, access to, control
over, or being intrusted with any
document, writing, code book, signal book,
sketch, photograph, photographic negative,
blue print, plan, map, model, instrument,
appliance, or note relating to the national
defense, wilfully communicates or
transmits or attempts to communicate or
transmit the same to any person not
entitled to receive it, or wilfully retains the
same and fails to deliver it on demand to
the officer or employee of the Philippines
or of the United States entitled to receive
it; or
(e) Whoever, being intrusted with or
having lawful possession or control of any
document, writing, code book, signal book,
sketch, photograph, photographic negative,
blue print, plan, map, model, note or
information, relating to the national
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Special Laws
defense, through gross negligence permits
the same to be removed from its proper
place of custody or delivered to anyone in
violation of this trust or to be lost, stolen,
abstracted, or destroyed, shall be punished
by imprisonment for not more than ten
years and may, in addition thereto, be
fined not more than ten thousand pesos.
SECTION 2. Unlawful disclosing
information affecting national defense. —
(a) Whoever, with the intent or reason to
believe that it is to be used to the injury of
the Philippines or of the United States or to
the advantage of a foreign nation,
communicates, delivers, or transmits, or
attempts to, or aids or induces another to,
communicate, deliver, or transmit to any
foreign government, or any faction or
party or military or naval force within a
foreign country, whether recognized or
unrecognized by the Philippines or by the
United States, or to any representative,
officer, agent, employee, subject, or citizen
thereof, either directly or indirectly, any
document, writing, code book, signal
book, sketch, photograph, photographic
negative, blue print, plan, map, model,
instrument, appliance, or information
relating to the national defense, shall be
punished by imprisonment for not more
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than twenty years, if the offense is
committed in time of peace, or by death or
imprisonment for not more than thirty
years, if it is in time of war.
(b) Whoever, in time of war with intent
that the same shall be communicated to the
enemy, shall collect, record, publish, or
communicate, or attempt to elicit any
information with respect to the movement,
number, description, condition, or
disposition of any of the armed forces,
ships, aircraft, or war materials of the
Philippines or of the United States, or with
respect to the plans or conduct, or
supposed plans or conduct of any military,
naval, or air operations, or with respect to
any works or measures undertaken for or
connected with, or intended for the
fortification or defense of any place, or any
other information relating to the public
defense which might be useful to the
enemy, shall be punished by death or by
imprisonment for not more than thirty
years.
SECTION 3. Disloyal acts or works in
time of peace. — It shall be unlawful for
any person, with intent to interfere with,
impair, or influence the loyalty, morale, or
discipline of the military, naval, or air
forces of the Philippines or of the United
States: (a) to advise, counsel, urge, or in
any manner cause insubordination,
disloyalty, mutiny, or refusal of duty by
any member of the military, naval, or air
forces of the Philippines or of the United
States; or (b) to distribute any written or
printed matter which advises, counsels, or
urges insubordination, disloyalty, mutiny,
or refusal of duty by any member of the
military, naval, or air forces of the
Philippines or of the United States. The
violation of this section shall be punished
by imprisonment for not more than ten
years, or by fine not more than ten
thousand pesos, or both.
SECTION 4. Disloyal acts or words in
time of war. — Whoever, when the
Philippines or the United States is at war,
shall wilfully make or convey false reports
or false statements with the intent to
interfere with the operation or success of
the military, naval, or air forces of the
Philippines or of the United States or to
promote the success of its enemies shall
wilfully cause or attempt to cause
insubordination, disloyalty, mutiny, or
refusal of duty, in the military, naval, or air
forces of the Philippines or the United
States, or shall wilfully obstruct the
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recruiting or enlistment service of the
Philippines or of the United States, to the
injury of the service of the Philippines or
of the United States, shall be punished by
imprisonment for not more than twenty
years, or by a fine of not more than twenty
thousand pesos, or both.
SECTION 5. Conspiracy to violate
preceding sections. — If two or more
persons conspire to violate the provisions
of sections one, two, three, or four of this
Act, and one or more of such persons does
any act to effect the object of the
conspiracy, each of the parties to such
conspiracy shall be punished as in said
sections provided in the case of the doing
of the act the accomplishment of which is
the object of such conspiracy.
SECTION 6. Harboring or concealing
violators of the law. — Whoever harbors
or conceals any person who he knows, or
has reasonable ground to believe or
suspect, has committed, or is about to
commit, an offense under this Act, shall be
punished by imprisonment of not more
than ten years and may, in addition thereto,
be fined not more than ten thousand pesos.
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SECTION 7. Designation of prohibited
places by proclamation. — The President
of the Philippines in time of war or in case
of national emergency may by
proclamation designate any place other
than those set forth in subsection (a) of
section one hereof in which anything for
the use of the army, navy, or air forces are
being prepared or constructed or stored as
a prohibited place for the purpose of this
Act: Provided, That he shall determine that
information with respect thereto would be
prejudicial to the national defense.
SECTION 8. Photographing, etc.,
defensive installations regulated; penalties.
— Whenever, in the interests of national
defense, the President of the Philippines
shall define certain vital military, naval, or
air installations or equipment as requiring
protection against the general
dissemination of information relative
thereto, it shall be unlawful to make any
photograph, sketch, picture, drawing, map,
or graphical representation of such vital
military, naval, and air installations or
equipment without first obtaining
permission of the commanding officer of
the military, naval, or air post, camp, or
station concerned, or higher authority, and
promptly submitting the product obtained
to such commanding officer or higher
authority for censorship or such other
action as he may deem necessary. Any
person found guilty of a violation of this
section shall be punished by imprisonment
for not more than one year, or by a fine of
not more than two thousand pesos, or both.
SECTION 9. Photographing, etc., from
aircraft. — Any person who uses or
permits or procures the use of an aircraft
for the purpose of making a photograph,
sketch, picture, drawing, map, or graphical
representation of vital military, naval or air
installations or equipment, in violation of
section eight of this Act, shall be liable to
the penalty therein provided.
SECTION 10. Reproducing, publishing,
selling, etc., uncensored copies. — After
the President of the Philippines shall have
defined any vital military, naval, or air
installation or equipment as being within
the category contemplated under section
eight of this Act, it shall be unlawful for
any person to reproduce, publish, sell, or
give away any photograph, sketch, picture,
drawing, map or graphical representation
of the vital military, naval, or air
installations or equipment so defined,
without first obtaining permission of the
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commanding officer of the military, naval,
or air post, camp, or station concerned, or
higher authority, unless such photograph,
sketch, picture, drawing, map, or graphical
representation has clearly indicated
thereon that it has been censored by the
proper military, naval, or air authority.
Any person found guilty of a violation of
this section shall be punished as provided
in section eight of this Act.
SECTION 11. Destroying or injuring or
attempting to injure or destroy war
material in time of war. — When the
Philippines or the United States is at war,
whoever, with intent to injure, interfere
with, or obstruct the Philippines or the
United States or any associate nation in
preparing for or carrying on the war, or
whoever, with reason to believe that his act
may injure, interfere with, or obstruct the
Philippines or the United States or any
associate nation in preparing for or
carrying on the war, shall wilfully injure or
destroy, or shall attempt to so injure or
destroy, any war material, war premises, or
war utilities, as herein defined, shall be
imprisoned not more than thirty years or
be fined not more than thirty thousand
pesos, or both.
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SECTION 12. Making or causing war
material to be made in defective manner.
— When the Philippines or the United
States is at war, whoever, with intent to
injure, interfere with, or obstruct the
Philippines or the United States or any
associate nation in preparing for or
carrying on the war, or whoever, with
reason to believe that his act may injure,
interfere with, or obstruct the Philippines
or the United States or any associate nation
in preparing for or carrying on the war,
shall wilfully make or cause to be made in
a defective manner, or attempt to make or
cause to be made in a defective manner,
any war material, as herein defined, or any
tool, implement, machine, utensil, or
receptacle used or employed in making,
producing, manufacturing, or repairing any
such war material, as herein defined, shall
be imprisoned not more than thirty years
or be fined not more than thirty thousand
pesos, or both.
SECTION 13. Injuring or destroying
national defense material, premises, or
utilities. — Whoever, with intent to injure,
interfere with, or obstruct the national
defense of the Philippines or the United
States shall wilfully injure or destroy, or
shall attempt to so injure or destroy, any
national defense material, national defense
premises, or national defense utilities, as
herein provided, shall be imprisoned not
more than ten years or be fined not more
than ten thousand pesos, or both.
SECTION 14. Making or causing to be
made in a defective manner, or attempting
to make or cause to be made in a defective
manner, national defense material. —
Whoever, with intent to injure, interfere
with, or obstruct the national defense of
the Philippines or of the United States,
shall wilfully make or cause to be made in
a defective manner, or attempt to make or
cause to be made in a defective manner,
any national defense material, as herein
defined, or any tool, implement, machine,
utensil, or receptacle used or employed in
making, producing, manufacturing, or
repairing any such national defense
material, as herein defined, shall be
imprisoned not more than ten years, or
fined not more than ten thousand pesos, or
both.
SECTION 15. Definition of terms. — The
term “aircraft” as used in this Act means
any contrivance known or hereafter
invented, used, or designed for navigation
or flight in the air. The expression “post,
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camp, or station” as used in this Act shall
be interpreted to include naval vessels,
military and naval aircraft, and any
separate military, naval or air command.
The words “war or national defense
material” as used herein shall include
arms, armament, ammunition, livestock,
stores of clothing, food, foodstuffs, or fuel;
and shall also include supplies, munitions,
and all other articles of whatever
description, and any part or ingredient
thereof, intended for, adapted to, or
suitable for the use of the Philippines or
the United States, or any associate nation,
in connection with the conduct of war or
national defense.
The words “war or national defense
premises,” as used herein, shall include all
buildings, grounds, mines, or other places
wherein such war or national defense
material is being produced, manufactured,
repaired, stored, mined, extracted,
distributed, loaded, unloaded, or
transported, together with all machinery
and appliances therein contained; and all
ports, arsenals, navy yards, prisons, camps,
or other military, naval, or air stations of
the Philippines or the United States or any
associate nation.
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The words “war or national defense
utilities,” as used herein, shall include all
railroads, railways, electric lines, roads of
whatever description, railroad or railway
fixture, canal, lock, dam, wharf, pier, dock,
bridge, building, structure, engine,
machine, mechanical contrivance, car,
vehicle, boat, or aircraft, or any other
means of transportation whatsoever,
whereon or whereby such war or national
defense material or any troops of the
Philippines or of the United States, or of
any associate nation, are being or may be
transported either within the limits of the
Philippines or the United States or upon
the high seas; and all dams, reservoirs,
aqueducts, water and gas mains, oil or
gasoline stations, pipes, structures, and
buildings, whereby or in connection with
which water, or gas, or oil, or gasoline, or
other fluid is being furnished, or may be
furnished, to any war or national defense
premises or to the military, naval, or air
forces of the Philippines or the United
States, or any associate nation, and all
electric light and power, steam or
pneumatic power, telephone, and telegraph
plants, poles, wires, and fixtures and
wireless stations, and the buildings
connected with the maintenance and
operation thereof used to supply water,
light, heat, gas, oil, gasoline, fluid, power,
or facilities of communication to any war
or national defense premises or to the
military, naval, or air forces of the
Philippines or of the United States, or any
associate nation.
The words “associate nation,” as used in
this chapter, shall be deemed to mean any
nation at war with any nation with which
the Philippines or the United States is at
war.
The words “foreign government,” as used
in this Act, shall be deemed to include any
government, faction, or body of insurgents
within a country with which the
Philippines or United States is at peace,
which government, faction, or body of
insurgents may or may not have been
recognized by the Philippines or the
United States as a government.
SECTION 16. This Act shall take effect
upon its approval.
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Republic Act No. 6235
AN ACT PROHIBITING CERTAIN
ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER
PURPOSES.
Section 1. It shall be unlawful for any
person to compel a change in the course or
destination of an aircraft of Philippine
registry, or to seize or usurp the control
thereof, while it is in flight. An aircraft is
in flight from the moment all its external
doors are closed following embarkation
until any of such doors is opened for
disembarkation.
It shall likewise be unlawful for any
person to compel an aircraft of foreign
registry to land in Philippine territory or to
seize or usurp the control thereof while it
is within the said territory.
Section 2. Any person violating any
provision of the foregoing section shall be
punished by an imprisonment of not less
than twelve years but not more than twenty
years, or by a fine of not less than twenty
thousand pesos but not more than forty
thousand pesos.
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The penalty of imprisonment of fifteen
years to death, or a fine of not less than
twenty-five thousand pesos but not more
than fifty thousand pesos shall be imposed
upon any person committing such violation
under any of the following circumstances:
1. Whenever he has fired upon the
pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft; or
3. Whenever the crime is
accompanied by murder, homicide,
serious physical injuries or rape.
Section 3. It shall be unlawful for any
person, natural or juridical, to ship, load or
carry in any passenger aircraft operating as
a public utility within the Philippines, and
explosive, flammable, corrosive or
poisonous substance or material.
Section 4. The shipping, loading or
carrying of any substance or material
mentioned in the preceding section in any
cargo aircraft operating as a public utility
within the Philippines shall be in
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accordance with regulations issued by the
Civil Aeronautics Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any
substance, either solid or liquid,
mixture or single compound, which
by chemical reaction liberates heat
and gas at high speed and causes
tremendous pressure resulting in
explosion. The term shall include
but not limited to dynamites,
firecrackers, blasting caps, black
powders, bursters, percussions,
cartridges and other explosive
materials, except bullets for
firearm.
(2) "Flammable" is any substance
or material that is highly
combustible and self-igniting by
chemical reaction and shall include
but not limited to acrolein, allene,
aluminum dyethyl monochloride,
and other aluminum compounds,
ammonium chlorate and other
ammonium mixtures and other
similar substances or materials.
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(3) "Corrosive" is any substance or
material, either liquid, solid or
gaseous, which through chemical
reaction wears away, impairs or
consumes any object. It shall
include but not limited to alkaline
battery fluid packed with empty
storage battery, allyl
chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate
and other similar materials and
substances.
(4) "Poisonous" is any substance or
materials, except medicinal drug,
either liquid, solid or gaseous,
which through chemical reactions
kills, injuries or impairs a living
organism or person, and shall
include but not limited to allyl
isothiocyanate, ammunition
(chemical, non-explosive but
containing Class A, B or poison),
aniline oil, arsine, bromobenzyle
cyanide, bromoacetone and other
similar substances or materials.
Section 6. Any violation of Section three
hereof shall be punishable by an
imprisonment of at least five years but not
more than ten years or by a fine of not less
than ten thousand pesos but not more than
twenty thousand pesos: Provided, That if
the violation is committed by a juridical
person, the penalty shall be imposed upon
the manager, representative, director, agent
or employee who violated, or caused,
directed, cooperated or participated in the
violation thereof: Provided, further, That
in case the violation is committed in the
interest of a foreign corporation legally
doing business in the Philippines, the
penalty shall be imposed upon its resident
agent, manager, representative or director
responsible for such violation and in
addition thereto, the license of said
corporation to do business in the
Philippines shall be revoked.
Any violation of Section four hereof shall
be an offense punishable with the
minimum of the penalty provided in the
next preceding paragraph.
Section 7. For any death or injury to
persons or damage to property resulting
from a violation of Sections three and four
hereof, the person responsible therefor
may be held liable in accordance with the
applicable provisions of the Revised Penal
Code.
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Section 8. Aircraft companies which
operate as public utilities or operators of
aircraft which are for hire are authorized to
open and investigate suspicious packages
and cargoes in the presence of the owner
or shipper, or his authorized
representatives if present; in order to help
the authorities in the enforcement of the
provisions of this Act: Provided, That if
the owner, shipper or his representative
refuses to have the same opened and
inspected, the airline or air carrier is
authorized to refuse the loading thereof.
Section 9. Every ticket issued to a
passenger by the airline or air carrier
concerned shall contain among others the
following condition printed thereon:
"Holder hereof and his hand-carried
luggage(s) are subject to search for, and
seizure of, prohibited materials or
substances. Holder refusing to be searched
shall not be allowed to board the aircraft,"
which shall constitute a part of the contract
between the passenger and the air carrier.
Section 10. The Civil Aeronautics
Administration is hereby directed to
promulgate within one month after the
approval of this Act such regulations as are
provided in Section four hereof and cause
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the publication of such rules and
regulations in the Official Gazette and in a
newspaper of national circulation for at
least once a week for three consecutive
weeks. Such regulations shall take effect
fifteen days after publication in the
Official Gazette.
Section 11. This Act shall take effect after
the publication mentioned in the preceding
section.
Republic Act No. 9372
AN ACT TO SECURE THE STATE
AND PROTECT OUR PEOPLE FROM
TERRORISM
Be it enacted by the Senate and the House
of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. - This Act shall
henceforth be known as the "Human
Security Act of 2007."
SEC. 2. Declaration of Policy. - It is
declared a policy of the State to protect
life, liberty, and property from acts of
terrorism, to condemn terrorism as
inimical and dangerous to the national
security of the country and to the welfare
of the people, and to make terrorism a
crime against the Filipino people, against
humanity, and against the law of nations.
In the implementation of the policy stated
above, the State shall uphold the basic
rights and fundamental liberties of the
people as enshrined in the Constitution.
The State recognizes that the fight against
terrorism requires a comprehensive
approach, comprising political, economic,
diplomatic, military, and legal means duly
taking into account the root causes of
terrorism without acknowledging these as
justifications for terrorist and/or criminal
activities. Such measures shall include
conflict management and post-conflict
peace-building, addressing the roots of
conflict by building state capacity and
promoting equitable economic
development.
Nothing in this Act shall be interpreted as
a curtailment, restriction or diminution of
constitutionally recognized powers of the
executive branch of the government. It is
to be understood, however that the exercise
of the constitutionally recognized powers
of the executive department of the
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government shall not prejudice respect for
human rights which shall be absolute and
protected at all times.
SEC. 3. Terrorism.- Any person who
commits an act punishable under any of
the following provisions of the Revised
Penal Code:
a. Article 122 (Piracy in General
and Mutiny in the High Seas or in
the Philippine Waters);
b. Article 134 (Rebellion
Insurrection);
c. Article 134-a (Coup d' Etat),
including acts committed by
private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and
Serious Illegal Detention);
f. Article 324 (Crimes Involving
Destruction), or under
1. Presidential Decree No.
1613 (The Law on Arson);
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2. Republic Act No. 6969
(Toxic Substances and
Hazardous and Nuclear
Waste Control Act of
1990);
3. Republic Act No. 5207,
(Atomic Energy Regulatory
and Liability Act of 1968);
4. Republic Act No. 6235
(Anti-Hijacking Law);
or 5. Presidential Decree No.
532 (Anti-Piracy and Anti-
Highway Robbery Law of
1974); and,
6. 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)
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.
SEC. 4. Conspiracy to Commit
Terrorism. - Persons who conspire to
commit the crime of terrorism shall suffer
the penalty of forty (40) years of
imprisonment.
There is conspiracy when two or more
persons come to an agreement concerning
the commission of the crime of terrorism
as defined in Section 3 hereof and decide
to commit the same.
SEC. 5. Accomplice. - Any person who,
not being a principal under Article 17 of
the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in
the execution of either the crime of
terrorism or conspiracy to commit
terrorism by previous or simultaneous acts
shall suffer the penalty of from seventeen
(17) years, four months one day to twenty
(20) years of imprisonment.
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SEC. 6. Accessory. - Any person who,
having knowledge of the commission of
the crime of terrorism or conspiracy to
commit terrorism, and without having
participated therein, either as principal or
accomplice under Articles 17 and 18 of the
Revised Penal Code, takes part subsequent
to its commission in any of the following
manner: (a) by profiting himself or
assisting the offender to profit by the
effects of the crime; (b) by concealing or
destroying the body of the crime, or the
effects, or instruments thereof, in order to
prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the
principal or conspirator of the crime, shall
suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the
penalties prescribed for accessories shall
not be imposed upon those who are such
with respect to their spouses, ascendants,
descendants, legitimate, natural, and
adopted brothers and sisters, or relatives
by affinity within the same degrees, with
the single exception of accessories falling
within the provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and
Interception and Recording of
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Communications. -The provisions of
Republic Act No. 4200 (Anti-Wire
Tapping Law) to the contrary
notwithstanding, a police or law
enforcement official and the members of
his team may, upon a written order of the
Court of Appeals, listen to, intercept and
record, with the use of any mode, form,
kind or type of electronic or other
surveillance equipment or intercepting and
tracking devices, or with the use of any
other suitable ways and means for that
purpose, any communication, message,
conversation, discussion, or spoken or
written words between members of a
judicially declared and outlawed terrorist
organization, association, or group of
persons or of any person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided, That surveillance, interception
and recording of communications between
lawyers and clients, doctors and patients,
journalists and their sources and
confidential business correspondence shall
not be authorized.
SEC. 8. Formal Application for Judicial
Authorization. - The written order of the
authorizing division of the Court of
Appeals to track down, tap, listen to,
intercept, and record communications,
messages, conversations, discussions, or
spoken or written words of any person
suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism
shall only be granted by the authorizing
division of the Court of Appeals upon an
ex parte written application of a police or
of a law enforcement official who has been
duly authorized in writing by the Anti-
Terrorism Council created in Section 53 of
this Act to file such ex parte application,
and upon examination under oath or
affirmation of the applicant and the
witnesses he may produce to establish: (a)
that there is probable cause to believe
based on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit
terrorism has been committed, or is being
committed, or is about to be committed;
(b) that there is probable cause to believe
based on personal knowledge of facts or
circumstances that evidence, which is
essential to the conviction of any charged
or suspected person for, or to the solution
or prevention of, any such crimes, will be
obtained; and, (c) that there is no other
effective means readily available for
acquiring such evidence.
Criminal Law – TITLE ONE
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SEC. 9. Classification and Contents of
the Order of the Court. - The written order
granted by the authorizing division of the
Court of Appeals as well as its order, if
any, to extend or renew the same, the
original application of the applicant,
including his application to extend or
renew, if any, and the written
authorizations of the Anti-Terrorism
Council shall be deemed and are hereby
declared as classified information:
Provided, That the person being surveilled
or whose communications, letters, papers,
messages, conversations, discussions,
spoken or written words and effects have
been monitored, listened to, bugged or
recorded by law enforcement authorities
has the right to be informed of the acts
done by the law enforcement authorities in
the premises or to challenge, if he or she
intends to do so, the legality of the
interference before the Court of Appeals
which issued the written order. The written
order of the authorizing division of the
Court of Appeals shall specify the
following: (a) the identity, such as name
and address, if known, of the charged or
suspected person whose communications,
messages, conversations, discussions, or
spoken or written words are to be tracked
down, tapped, listened to, intercepted, and
Averell B. Abrasaldo – I-Estrellado
recorded and, in the case of radio,
electronic, or telephonic (whether wireless
or otherwise) communications, messages,
conversations, discussions, or spoken or
written words, the electronic transmission
systems or the telephone numbers to be
tracked down, tapped, listened to,
intercepted, and recorded and their
locations or if the person suspected of the
crime of terrorism or conspiracy to commit
terrorism is not fully known, such person
shall be subject to continuous surveillance
provided there is a reasonable ground to do
so; (b) the identity (name, address, and the
police or law enforcement organization) of
the police or of the law enforcement
official, including the individual identity
(names, addresses, and the police or law
enforcement organization) of the members
of his team, judicially authorized to track
down, tap, listen to, intercept, and record
the communications, messages,
conversations, discussions, or spoken or
written words; (c) the offense or offenses
committed, or being committed, or sought
to be prevented; and, (d) the length of time
within which the authorization shall be
used or carried out.
SEC. 10. Effective Period of Judicial
Authorization. - Any authorization granted
by the authorizing division of the Court of
Appeals, pursuant to Section 9(d) of this
Act, shall only be effective for the length
of time specified in the written order of the
authorizing division of the Court of
Appeals, which shall not exceed a period
of thirty (30) days from the date of receipt
of the written order of the authorizing
division of the Court of Appeals by the
applicant police or law enforcement
official.
The authorizing division of the Court of
Appeals may extend or renew the said
authorization for another non-extendible
period, which shall not exceed thirty (30)
days from the expiration of the original
period: Provided, That the authorizing
division of the Court of Appeals is
satisfied that such extension or renewal is
in the public interest: and Provided,
further, That the ex parte application for
extension or renewal, which must be filed
by the original applicant, has been duly
authorized in writing by the Anti-
Terrorism Council.
In case of death of the original applicant or
in case he is physically disabled to file the
application for extension or renewal, the
one next in rank to the original applicant
Criminal Law – TITLE ONE
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among the members of the team named in
the original written order of the
authorizing division of the Court of
Appeals shall file the application for
extension or renewal: Provided, That,
without prejudice to the liability of the
police or law enforcement personnel under
Section 20 hereof, the applicant police or
law enforcement official shall have thirty
(30) days after the termination of the
period granted by the Court of Appeals as
provided in the preceding paragraphs
within which to file the appropriate case
before the Public Prosecutor's Office for
any violation of this Act.
If no case is filed within the thirty (30)-day
period, the applicant police or law
enforcement official shall immediately
notify the person subject of the
surveillance, interception and recording of
the termination of the said surveillance,
interception and recording. The penalty of
ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed
upon the applicant police or law
enforcement official who fails to notify the
person subject of the surveillance,
monitoring, interception and recording as
specified above.
Averell B. Abrasaldo – I-Estrellado
SEC. 11. Custody of Intercepted and
Recorded Communications. - All tapes,
discs, and recordings made pursuant to the
authorization of the authorizing division of
the Court of Appeals, including all
excerpts and summaries thereof as well as
all written notes or memoranda made in
connection therewith, shall, within forty-
eight (48) hours after the expiration of the
period fixed in the written order of the
authorizing division of the Court of
Appeals or within forty-eight (48) hours
after the expiration of any extension or
renewal granted by the authorizing
division of the Court of Appeals, be
deposited with the authorizing Division of
the Court of Appeals in a sealed envelope
or sealed package, as the case may be, and
shall be accompanied by a joint affidavit of
the applicant police or law enforcement
official and the members of his team.
In case of death of the applicant or in case
he is physically disabled to execute the
required affidavit, the one next in rank to
the applicant among the members of the
team named in the written order of the
authorizing division of the Court of
Appeals shall execute with the members of
the team that required affidavit.
It shall be unlawful for any person, police
officer or any custodian of the tapes, discs
and recording, and their excerpts and
summaries, written notes or memoranda to
copy in whatever form, to remove, delete,
expunge, incinerate, shred or destroy in
any manner the items enumerated above in
whole or in part under any pretext
whatsoever.
Any person who removes, deletes,
expunges, incinerates, shreds or destroys
the items enumerated above shall suffer a
penalty of not less than six years and one
day to twelve (12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit. -
The joint affidavit of the police or of the
law enforcement official and the individual
members of his team shall state: (a) the
number of tapes, discs, and recordings that
have been made, as well as the number of
excerpts and summaries thereof and the
number of written notes and memoranda, if
any, made in connection therewith; (b) the
dates and times covered by each of such
tapes, discs, and recordings; (c) the
number of tapes, discs, and recordings, as
well as the number of excerpts and
summaries thereof and the number of
written notes and memoranda made in
Criminal Law – TITLE ONE
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connection therewith that have been
included in the deposit; and (d) the date of
the original written authorization granted
by the Anti-Terrorism Council to the
applicant to file the ex parte application to
conduct the tracking down, tapping,
intercepting, and recording, as well as the
date of any extension or renewal of the
original written authority granted by the
authorizing division of the Court of
Appeals.
The joint affidavit shall also certify under
oath that no duplicates or copies of the
whole or any part of any of such tapes,
discs, and recordings, and that no
duplicates or copies of the whole or any
part of any of such excerpts, summaries,
written notes, and memoranda, have been
made, or, if made, that all such duplicates
and copies are included in the sealed
envelope or sealed package, as the case
may be, deposited with the authorizing
division of the Court of Appeals.
It shall be unlawful for any person, police
or law enforcement official to omit or
exclude from the joint affidavit any item or
portion thereof mentioned in this Section.
Averell B. Abrasaldo – I-Estrellado
Any person, police or law enforcement
officer who violates any of the acts
prescribed in the preceding paragraph shall
suffer the penalty of not less than ten (10)
years and one day to twelve (12) years of
imprisonment.
SEC. 13. Disposition of Deposited
Material. -The sealed envelope or sealed
package and the contents thereof, which
are deposited with the authorizing division
of the Court of Appeals, shall be deemed
and are hereby declared classified
information, and the sealed envelope or
sealed package shall not be opened and its
contents (including the tapes, discs, and
recordings and all the excerpts and
summaries thereof and the notes and
memoranda made in connection therewith)
shall not be divulged, revealed, read,
replayed, or used as evidence unless
authorized by written order of the
authorizing division of the Court of
Appeals, which written order shall be
granted only upon a written application of
the Department of Justice filed before the
authorizing division of the Court of
Appeals and only upon a showing that the
Department of Justice has been duly
authorized in writing by the Anti-
Terrorism Council to file the application
with proper written notice the person
whose conversation, communication,
message discussion or spoken or written
words have been the subject of
surveillance, monitoring, recording and
interception to open, reveal, divulge, and
use the contents of the sealed envelope or
sealed package as evidence.
Any person, law enforcement official or
judicial authority who violates his duty to
notify in writing the persons subject of the
surveillance as defined above shall suffer
the penalty of six years and one day to
eight years of imprisonment.
SEC. 14. Application to Open Deposited
Sealed Envelope or Sealed Package. - The
written application with notice to the party
concerned to open the deposited sealed
envelope or sealed package shall clearly
state the purpose or reason: (a) for opening
the sealed envelope or sealed package; (b)
for revealing or disclosing its classified
contents; (c) for replaying, divulging, and
or reading any of the listened to,
intercepted, and recorded communications,
messages, conversations, discussions, or
spoken or written words (including any of
the excerpts and summaries thereof and
any of the notes or memoranda made in
Criminal Law – TITLE ONE
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connection therewith); [ and, (d) for using
any of said listened to, intercepted, and
recorded communications, messages,
conversations, discussions, or spoken or
written words (including any of the
excerpts and summaries thereof and any of
the notes or memoranda made in
connection therewith) as evidence.
Any person, law enforcement official or
judicial authority who violates his duty to
notify as defined above shall suffer the
penalty of six years and one day to eight
years of imprisonment.
SEC. 15. Evidentiary Value of Deposited
Materials. - Any listened to, intercepted,
and recorded communications, messages,
conversations, discussions, or spoken or
written words, or any part or parts thereof,
or any information or fact contained
therein, including their existence, content,
substance, purport, effect, or meaning,
which have been secured in violation of
the pertinent provisions of this Act, shall
absolutely not be admissible and usable as
evidence against anybody in any judicial,
quasi-judicial, legislative, or
administrative investigation, inquiry,
proceeding, or hearing.
Averell B. Abrasaldo – I-Estrellado
SEC. 16. Penalty for Unauthorized or
Malicious Interceptions and/or
Recordings. - Any police or law
enforcement personnel who, not being
authorized to do so by the authorizing
division of the Court of Appeals, tracks
down, taps, listens to, intercepts, and
records in whatever manner or form any
communication, message, conversation,
discussion, or spoken or written word of a
person charged with or suspected of the
crime of terrorism or the crime of
conspiracy to commit terrorism shall be
guilty of an offense and shall suffer the
penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
In addition to the liability attaching to the
offender for the commission of any other
offense, the penalty of ten (10) years and
one day to twelve (12) years of
imprisonment and the accessory penalty of
perpetual absolute disqualification from
public office shall be imposed upon any
police or law enforcement personnel who
maliciously obtained an authority from the
Court of Appeals to track down, tap, listen
to, intercept, and record in whatever
manner or form any communication,
message, conversation, discussion, or
spoken or written words of a person
charged with or suspected of the crime of
terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding
Section 13 of this Act, the party aggrieved
by such authorization shall be allowed
access to the sealed envelope or sealed
package and the contents thereof as
evidence for the prosecution of any police
or law enforcement personnel who
maliciously procured said authorization.
SEC. 17. Proscription of Terrorist
Organizations, Association, or Group of
Persons. - Any organization, association,
or group of persons organized for the
purpose of engaging in terrorism, or
which, although not organized for that
purpose, actually uses the acts to terrorize
mentioned in this Act or to sow and create
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, upon application of the
Department of Justice before a competent
Regional Trial Court, with due notice and
opportunity to be heard given to the
organization, association, or group of
persons concerned, be declared as a
terrorist and outlawed organization,
Criminal Law – TITLE ONE
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association, or group of persons by the said
Regional Trial Court.
SEC. 18. Period of Detention Without
Judicial Warrant of Arrest. - The
provisions of Article 125 of the Revised
Penal Code to the contrary
notwithstanding, any police or law
enforcement personnel, who, having been
duly authorized in writing by the Anti-
Terrorism Council has taken custody of a
person charged with or suspected of the
crime of terrorism or the crime of
conspiracy to commit terrorism shall,
without incurring any criminal liability for
delay in the delivery of detained persons to
the proper judicial authorities, deliver said
charged or suspected person to the proper
judicial authority within a period of three
days counted from the moment the said
charged or suspected person has been
apprehended or arrested, detained, and
taken into custody by the said police, or
law enforcement personnel: Provided, That
the arrest of those suspected of the crime
of terrorism or conspiracy to commit
terrorism must result from the surveillance
under Section 7 and examination of bank
deposits under Section 27 of this Act.
Averell B. Abrasaldo – I-Estrellado
The police or law enforcement personnel
concerned shall, before detaining the
person suspected of the crime of terrorism,
present him or her before any judge at the
latter's residence or office nearest the place
where the arrest took place at any time of
the day or night. It shall be the duty of the
judge, among other things, to ascertain the
identity of the police or law enforcement
personnel and the person or persons they
have arrested and presented before him or
her, to inquire of them the reasons why
they have arrested the person and
determine by questioning and personal
observation whether or not the suspect has
been subjected to any physical, moral or
psychological torture by whom and why.
The judge shall then submit a written
report of what he/she had observed when
the subject was brought before him to the
proper court that has jurisdiction over the
case of the person thus arrested. The judge
shall forthwith submit his/her report within
three calendar days from the time the
suspect was brought to his/her residence or
office.
Immediately after taking custody of a
person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism, the police or law enforcement
personnel shall notify in writing the judge
of the court nearest the place of
apprehension or arrest: Provided ,That
where the arrest is made during Saturdays,
Sundays, holidays or after office hours, the
written notice shall be served at the
residence of the judge nearest the place
where the accused was arrested.
The penalty of ten (10) years and one day
to twelve (12) years of imprisonment shall
be imposed upon the police or law
enforcement personnel who fails to notify
and judge as Provided in the preceding
paragraph.
SEC. 19. Period of Detention in the
Event of an Actual or Imminent Terrorist
Attack. - In the event of an actual or
imminent terrorist attack, suspects may not
be detained for more than three days
without the written approval of a
municipal, city, provincial or regional
official of a Human Rights Commission or
judge of the municipal, regional trial court,
the Sandiganbayan or a justice of the Court
of Appeals nearest the place of the arrest.
If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the
arresting police or law enforcement
personnel shall bring the person thus
Criminal Law – TITLE ONE
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arrested to the residence of any of the
officials mentioned above that is nearest
the place where the accused was arrested.
The approval in writing of any of the said
officials shall be secured by the police or
law enforcement personnel concerned
within five days after the date of the
detention of the persons
concerned: Provided, however, That within
three days after the detention the suspects,
whose connection with the terror attack or
threat is not established, shall be released
immediately.
SEC. 20. Penalty for Failure to Deliver
Suspect to the Proper Judicial Authority
within Three Days. - The penalty of ten
(10) years and one day to twelve (12) years
of imprisonment shall be imposed upon
any police or law enforcement personnel
who has apprehended or arrested, detained
and taken custody of a person charged
with or suspected of the crime of terrorism
or conspiracy to commit terrorism and fails
to deliver such charged or suspected
person to the proper judicial authority
within the period of three days.
SEC. 21. Rights of a Person under
Custodial Detention. - The moment a
person charged with or suspected of the
Averell B. Abrasaldo – I-Estrellado
crime of terrorism or the crime of
conspiracy to commit terrorism is
apprehended or arrested and detained, he
shall forthwith be informed, by the
arresting police or law enforcement
officers or by the police or law
enforcement officers to whose custody the
person concerned is brought, of his or her
right: (a) to be informed of the nature and
cause of his arrest, to remain silent and to
have competent and independent counsel
preferably of his choice. If the person
cannot afford the services of counsel of his
or her choice, the police or law
enforcement officers concerned shall
immediately contact the free legal
assistance unit of the Integrated Bar of the
Philippines (IBP) or the Public Attorney's
Office (PAO). It shall be the duty of the
free legal assistance unit of the IBP or the
PAO thus contacted to immediately visit
the person(s) detained and provide him or
her with legal assistance. These rights
cannot be waived except in writing and in
the presence of the counsel of choice; (b)
informed of the cause or causes of his
detention in the presence of his legal
counsel; (c) allowed to communicate freely
with his legal counsel and to confer with
them at any time without restriction; (d)
allowed to communicate freely and
privately without restrictions with the
members of his family or with his nearest
relatives and to be visited by them; and, (e)
allowed freely to avail of the service of a
physician or physicians of choice.
SEC. 22. Penalty for Violation of the
Rights of a Detainee. - Any police or law
enforcement personnel, or any personnel
of the police or other law enforcement
custodial unit that violates any of the
aforesaid rights of a person charged with
or suspected of the crime of terrorism or
the crime of conspiracy to commit
terrorism shall be guilty of an offense and
shall suffer the penalty of ten (10) years
and one day to twelve (12) years of
imprisonment.
Unless the police or law enforcement
personnel who violated the rights of a
detainee or detainees as stated above is
duly identified, the same penalty shall be
imposed on the police officer or hear or
leader of the law enforcement unit having
custody of the detainee at the time the
violation was done.
SEC. 23. Requirement for an Official
Custodial Logbook and its Contents. -
The police or other law enforcement
Criminal Law – TITLE ONE
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custodial unit in whose care and control
the person charged with or suspected of
the crime of terrorism or the crime of
conspiracy to commit terrorism has been
placed under custodial arrest and detention
shall keep a securely and orderly
maintained official logbook, which is
hereby declared as a public document and
opened to and made available for .the
inspection and scrutiny of the lawyer or
lawyers of the person under custody or any
member of his or her family or relative by
consanguinity or affinity within the fourth
civil degree or his or her physician at any
time of the day or night without any form
of restriction. The logbook shall contain a
clear and concise record of: (a) the name,
description, and address of the detained
person; (b) the date and exact time of his
initial admission for custodial arrest and
detention; (c) the name and address of the
physician or physicians who examined him
physically and medically; (d) the state of
his health and physical condition at the
time of his initial admission for custodial
detention; (e) the date and time of each
removal of the detained person from his
cell for interrogation or for any purpose;
(f) the date and time of his return to his
cell; (g) the name and address of the
physician or physicians who physically
Averell B. Abrasaldo – I-Estrellado
and medically examined him after each
interrogation; (h) a summary of the
physical and medical findings on the
detained person after each of such
interrogation; (i) the names and addresses
of his family members and nearest
relatives, if any and if available; (j) the
names and addresses of persons, who visit
the detained person; (k) the date and time
of each of such visits; (1) the date and time
of each request of the detained person to
communicate and confer with his legal
counsel or counsels; (m) the date and time
of each visit, and date and time of each
departure of his legal counsel or counsels;
and, (n) all other important events bearing
on and all relevant details regarding the
treatment of the detained person while
under custodial arrest and detention.
The said police or law enforcement
custodial unit shall upon demand of the
aforementioned lawyer or lawyers or
members of the family or relatives within
the fourth civil degree of consanguinity or
affinity of the person under custody or his
or her physician issue a certified true copy
of the entries of the logbook relative to the
concerned detained person without delay
or restriction or requiring any fees
whatsoever including documentary stamp
tax, notarial fees, and the like. This
certified true copy may be attested by the
person who has custody of the logbook or
who allowed the party concerned to
scrutinize it at the time the demand for the
certified true copy is made.
The police or other law enforcement
custodial unit who fails to comply with the
preceding paragraph to keep an official
logbook shall suffer the penalty of ten (10)
years and one day to twelve (12) years of
imprisonment.
SEC. 24. No Torture or Coercion in
Investigation and Interrogation. - No
threat, intimidation, or coercion, and no act
which will inflict any form of physical
pain or torment, or mental, moral, or
psychological pressure, on the detained
person, which shall vitiate his freewill,
shall be employed in his investigation and
interrogation for the crime of terrorism or
the crime of conspiracy to commit
terrorism; otherwise, the evidence obtained
from said detained person resulting from
such threat, intimidation, or coercion, or
from such inflicted physical pain or
torment, or mental, moral, or
psychological pressure, shall be, in its
entirety, absolutely not admissible and
Criminal Law – TITLE ONE
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usable as evidence in any judicial, quasi-
judicial, legislative, or administrative
investigation, inquiry, proceeding, or
hearing.
SEC. 25. Penalty for Threat,
Intimidation, Coercion, or Torture in the
Investigation and Interrogation of a
Detained Person. - Any person or persons
who use threat, intimidation, or coercion,
or who inflict physical pain or torment, or
mental, moral, or psychological pressure,
which shall vitiate the free-will of a
charged or suspected person under
investigation and interrogation for the
crime of terrorism or the crime of
conspiracy to commit terrorism shall be
guilty of an offense and shall suffer the
penalty of twelve (12) years and one day to
twenty (20) years of imprisonment.
When death or serious permanent
disability of said detained person occurs as
a consequence of the use of such threat,
intimidation, or coercion, or as a
consequence of the infliction on him of
such physical pain or torment, or as a
consequence of the infliction on him of
such mental, moral, or psychological
pressure, the penalty shall be twelve (12)
Averell B. Abrasaldo – I-Estrellado
years and one day to twenty (20) years of
imprisonment.
SEC. 26. Restriction on Travel. - In cases
where evidence of guilt is not strong, and
the person charged with the crime of
terrorism or conspiracy to commit
terrorism is entitled to bail and is granted
the same, the court, upon application by
the prosecutor, shall limit the right of
travel of the accused to within the
municipality or city where he resides or
where the case is pending, in the interest of
national security and public safety,
consistent with Article III, Section 6 of the
Constitution. Travel outside of said
municipality or city, without the
authorization of the court, shall be deemed
a violation of the terms and conditions of
his bail, which shall then be forfeited as
provided under the Rules of Court.
He/she may also be placed under house
arrest by order of the court at his or her
usual place of residence.
While under house arrest, he or she may
not use telephones, cellphones, e-mails,
computers, the internet or other means of
communications with people outside the
residence until otherwise ordered by the
court.
The restrictions abovementioned shall be
terminated upon the acquittal of the
accused or of the dismissal of the case
filed against him or earlier upon the
discretion of the court on motion of the
prosecutor or of the accused.
SEC. 27. Judicial Authorization
Required to Examine Bank Deposits,
Accounts, and Records. - The provisions
of Republic Act No. 1405 as amended, to
the contrary notwithstanding, the justices
of the Court of Appeals designated as a
special court to handle anti-terrorism cases
after satisfying themselves of the existence
of probable cause in a hearing called for
that purpose that: (1) a person charged
with or suspected of the crime of terrorism
or, conspiracy to commit terrorism, (2) of a
judicially declared and outlawed terrorist
organization, association, or group of
persons; and (3) of a member of such
judicially declared and outlawed
organization, association, or group of
persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized
in writing by the anti-terrorism council to:
Criminal Law – TITLE ONE
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(a) examine, or cause the examination of,
the deposits, placements, trust accounts,
assets and records in a bank or financial
institution; and (b) gather or cause the
gathering of any relevant information
about such deposits, placements, trust
accounts, assets, and records from a bank
or financial institution. The bank or
financial institution concerned, shall not
refuse to allow such examination or to
provide the desired information, when so,
ordered by and served with the written
order of the Court of Appeals.
SEC. 28. Application to Examine Bank
Deposits, Accounts, and Records. - The
written order of the Court of Appeals
authorizing the examination of bank
deposits, placements, trust accounts,
assets, and records: (1) of a person charged
with or suspected of the crime of terrorism
or conspiracy to commit terrorism; (2) of
any judicially declared and outlawed
terrorist organization, association, or group
of persons, or (3) of any member of such
organization, association, or group of
persons in a bank or financial institution,
and the gathering of any relevant
information about the same from said bank
or financial institution, shall only be
granted by the authorizing division of the
Averell B. Abrasaldo – I-Estrellado
Court of Appeals upon an ex parte
application to that effect of a police or of a
law enforcement official who has been
duly authorized in writing to file such ex
parte application by the Anti-Terrorism
Council created in Section 53 of this Act to
file such ex parte application, and upon
examination under oath or affirmation of
the applicant and, the witnesses he may
produce to establish the facts that will
justify the need and urgency of examining
and freezing the bank deposits,
placements, trust accounts, assets, and
records: (1) of the person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of a
judicially declared and outlawed terrorist
organization, association or group of
persons; or (3) of any member of such
organization, association, or group of
persons.
SEC. 29. Classification and Contents of
the Court Order Authorizing the
Examination of Bank Deposits,
Accounts, and Records. - The written
order granted by the authorizing division
of the Court of Appeals as well as its
order, if any, to extend or renew the same,
the original ex parte application of the
applicant, including his ex parte
application to extend or renew, if any, and
the written authorizations of the Anti-
Terrorism Council, shall be deemed and
are hereby declared as classified
information: Provided, That the person
whose bank deposits, placements, trust
accounts, assets, and records have been
examined, frozen, sequestered and seized
by law enforcement authorities has the
right to be informed of the acts done by the
law enforcement authorities in the
premises or to challenge, if he or she
intends to do so, the legality of the
interference. The written order of the
authorizing division of the Court of
Appeals designated to handle cases
involving terrorism shall specify: (a) the
identify of the said: (1) person charged
with or suspected of the crime of terrorism
or conspiracy to commit terrorism; (2)
judicially declared and outlawed terrorist
organization, association, or group of
persons; and (3) member of such judicially
declared and outlawed organization,
association, or group of persons, as the
case may be. whose deposits, placements,
trust accounts, assets, and records are to be
examined or the information to be
gathered; (b) the identity of the bank or
financial Institution where such deposits,
placements, trust accounts, assets, and
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records are held and maintained; (c) the
identity of the persons who will conduct
the said examination and the gathering of
the desired information; and, (d) the length
of time the authorization shall be carried
out.
SEC. 30. Effective Period of Court
Authorization to Examine and Obtain
Information on Bank Deposits, Accounts,
and Records. - The authorization issued or
granted by the authorizing division of the
Court of Appeals to examine or cause the
examination of and to freeze bank
deposits, placements, trust accounts,
assets, and records, or to gather
information about the same, shall be
effective for the length of time specified in
the written order of the authorizing
division of the Court of Appeals, which
shall not exceed a period of thirty (30)
days from the date of receipt of the written
order of the authorizing division of the
Court of Appeals by the applicant police or
law enforcement official.
The authorizing division of the Court of
Appeals may extend or renew the said
authorization for another period, which
shall not exceed thirty (30) days renewable
to another thirty (30) days from the
Averell B. Abrasaldo – I-Estrellado
expiration of the original period: Provided,
That the authorizing division of the Court
of Appeals is satisfied that such extension
or renewal is in the public interest: and,
Provided, further, That the application for
extension or renewal, which must be filed
by the original applicant, has been duly
authorized in writing by the Anti-
Terrorism Council.
In case of death of the original applicant or
in case he is physically disabled to file the
application for extension or renewal, the
one next in rank to the original applicant
among the members of the ream named in
the original written order of the
authorizing division of the Court of
Appeals shall file the application for
extension or renewal: Provided, That,
without prejudice to the liability of the
police or law enforcement personnel under
Section 19 hereof, the applicant police or
law enforcement official shall have thirty
(30) days after the termination of the
period granted by the Court of Appeals as
provided in the preceding paragraphs
within which to file the appropriate case
before the Public Prosecutor's Office for
any violation of this Act.
If no case is filed within the thirty (30)-day
period, the applicant police or law
enforcement official shall immediately
notify in writing the person subject of the
bank examination and freezing of bank
deposits, placements, trust accounts, assets
and records. The penalty of ten (10) years
and one day to twelve (12) years of
imprisonment shall be imposed upon the
applicant police or law enforcement
official who fails to notify in writing the
person subject of the bank examination
and freezing of bank deposits, placements,
trust accounts, assets and records.
Any person, law enforcement official or
judicial authority who violates his duty to
notify in writing as defined above shall
suffer the penalty of six years and one day
to eight years of imprisonment.
SEC. 31. Custody of Bank Data and
Information Obtained after Examination
of Deposits, Placements, Trust Accounts,
Assets and Records. - All information,
data, excerpts, summaries, notes,
memoranda, working sheets, reports, and
other documents obtained from the
examination of the bank deposits,
placements, trust accounts, assets and
records of: (1) a person charged with or
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suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed
terrorist organization, association, or group
of persons; or (3) a member of any such
organization, association, or group of
persons shall, within forty-eight (48) hours
after the expiration of the period fixed in
the written order of the authorizing
division of the Court of Appeals or within
forty-eight (48) hours after the expiration
of the extension or renewal granted by the
authorizing division of the Court of
Appeals, be deposited with the authorizing
division of the Court of Appeals in a
sealed envelope or sealed package, as the
case may be, and shall be accompanied by
a joint affidavit of the applicant police or
law enforcement official and the persons
who actually conducted the examination of
said bank deposits, placements, trust
accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. -
The joint affidavit shall state: (a) the
identifying marks, numbers, or symbols of
the deposits, placements, trust accounts,
assets, and records examined; (b) the
identity and address of the bank or
financial institution where such deposits,
placements, trust accounts, assets, and
Averell B. Abrasaldo – I-Estrellado
records are held and maintained; (c) the
number of bank deposits, placements, trust
accounts, assets, and records discovered,
examined, and frozen; (d) the outstanding
balances of each of such deposits,
placements, trust accounts, assets; (e) all
information, data, excerpts, summaries,
notes, memoranda, working sheets,
reports, documents, records examined and
placed in the sealed envelope or sealed
package deposited with the authorizing
division of the Court of Appeals; (f) the
date of the original written authorization
granted by the Anti-Terrorism Council to
the applicant to file the ex parte
Application to conduct the examination of
the said bank deposits, placements, trust
accounts, assets and records, as well as the
date of any extension or renewal of the
original written authorization granted by
the authorizing division of the Court of
Appeals; and (g) that the items
Enumerated were all that were found in the
bank or financial institution examined at
the time of the completion of the
examination.
The joint affidavit shall also certify under
oath that no duplicates or copies of the
information, data, excerpts, summaries,
notes, memoranda, working sheets,
reports, and documents acquired from the
examination of the bank deposits,
placements, trust accounts, assets and
records have been made, or, if made, that
all such duplicates and copies are placed in
the sealed envelope or sealed package
deposited with the authorizing division of
the Court of Appeals.
It shall be unlawful for any person, police
officer or custodian of the bank data and
information obtained after examination of
deposits, placements, trust accounts, assets
and records to copy, to remove, delete,
expunge, incinerate, shred or destroy in
any manner the items enumerated above in
whole or in part under any pretext
whatsoever,
Any person who copies, removes, deletes,
expunges, incinerates, shreds or destroys
the items enumerated above shall suffer a
penalty of not less than six years and one
day to twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. -
The sealed envelope or sealed package and
the contents thereof, which are deposited
with the authorizing division of the Court
of Appeals, shall be deemed and are
hereby declared classified information and
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the sealed envelope or sealed package shall
not be opened and its contents shall not be
divulged, revealed, read, or used as
evidence unless authorized in a written
order of the authorizing division of the
Court of Appeals, which written order
shall be granted only upon a written
application of the Department of Justice
filed before the authorizing division of the
Court of Appeals and only upon a showing
that the Department of Justice has been
duly authorized in writing by the Anti-
Terrorism Council to file the application,
with notice in writing to the party
concerned not later than three days before
the scheduled opening, to open, reveal,
divulge, and use the contents of the sealed
envelope or sealed package as evidence.
Any person, law enforcement official or
judicial authority who violates his duty to
notify in writing as defined above shall
suffer the penalty of six years and one day
to eight years of imprisonment.
SEC. 34. Application to Open Deposited
Bank Materials. - The written application,
with notice in writing to the party
concerned not later than three days of the
scheduled opening, to open the sealed
envelope or sealed package shall clearly
Averell B. Abrasaldo – I-Estrellado
state the purpose and reason: (a) for
opening the sealed envelope or sealed
package; (b) for revealing and disclosing
its classified contents; and, (c) for using
the classified information, data, excerpts,
summaries, notes, memoranda, working
sheets, reports, and documents as
evidence.
SEC. 35. Evidentiary Value of Deposited
Bank Materials. - Any information, data,
excerpts, summaries, notes, memoranda,
work sheets, reports, or documents
acquired from the examination of the bank
deposits, placements, trust accounts, assets
and records of: (1) a person charged or
suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed
terrorist organization, association, or group
of persons; or (3) a member of such
organization, association, or group of
persons, which have been secured in
violation of the provisions of this Act,
shall absolutely not be admissible and
usable as evidence against anybody in any
judicial, quasi-judicial, legislative, or
administrative investigation, inquiry,
proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or
Malicious Examination of a Bank or a
Financial Institution. - Any person, police
or law enforcement personnel who
examines the deposits, placements, trust
accounts, assets, or records in a bank or
financial institution of: (1) a person
charged with or suspected of the crime of
terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared
and outlawed terrorist organization,
association, or group of persons; or (3) a
member of such organization, association,
or group of persons, without being
authorized to do so by the Court of
Appeals, shall be guilty of an offense and
shall suffer the penalty of ten (10) years
and one day to twelve (12) years of
imprisonment.
In addition to the liability attaching to the
offender for the commission of any other
offense, the penalty of ten (10) years and
one day to twelve (12) years of
imprisonment shall be imposed upon any
police or law enforcement personnel, who
maliciously obtained an authority from the
Court of Appeals to examine the deposits,
placements, trust accounts, assets, or
records in a bank or financial institution of:
(1) a person charged with or suspected of
Criminal Law – TITLE ONE
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the crime of terrorism or conspiracy to
commit terrorism; (2) a judicially declared
and outlawed terrorist organization,
association, or group of persons; or (3) a
member of such organization, association,
or group of persons: Provided, That
notwithstanding Section 33 of this Act, the
party aggrieved by such authorization shall
upon motion duly filed be allowed access
to the sealed envelope or sealed package
and the contents thereof as evidence for the
prosecution of any police or law
enforcement personnel who maliciously
procured said authorization.
SEC. 37. Penalty of Bank Officials and
Employees Defying a Court
Authorization. - An employee, official, or
a member of the board of directors of a
bank or financial institution, who refuses
to allow the examination of the deposits,
placements, trust accounts, assets, and
records of: (1) a person charged with or
suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed
organization, association, or group of
persons; or (3) a member of such judicially
declared and outlawed organization,
association, or group of persons in said
bank or financial institution, when duly
Averell B. Abrasaldo – I-Estrellado
served with the written order of the
authorizing division of the Court of
Appeals, shall be guilty of an offense and
shall suffer the penalty of ten (10) years
and one day to twelve (12) years of
imprisonment.
SEC. 38. Penalty for False or Untruthful
Statement or Misrepresentation of
Material Fact in Joint Affidavits. - Any
false or untruthful statement or
misrepresentation of material fact in the
joint affidavits required respectively in
Section 12 and Section 32 of this Act shall
constitute a criminal offense and the
affiants shall suffer individually the
penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. -
The deposits and their outstanding
balances, placements, trust accounts,
assets, and records in any bank or financial
institution, moneys, businesses,
transportation and communication
equipment, supplies and other implements,
and property of whatever kind and nature
belonging: (1) to any person suspected of
or charged before a competent Regional
Trial Court for the crime of terrorism or
the crime of conspiracy to commit
terrorism; (2) to a judicially declared and
outlawed organization, association, or
group of persons; or (3) to a member of
such organization, association, or group of
persons shall be seized, sequestered, and
frozen in order to prevent their use,
transfer, or conveyance for purposes that
are inimical to the safety and security of
the people or injurious to the interest of the
State.
The accused or a person suspected of may
withdraw such sums as may be reasonably
needed by the monthly needs of his family
including the services of his or her counsel
and his or her family's medical needs upon
approval of the court. He or she may also
use any of his property that is under
seizure or sequestration or frozen because
of his/her indictment as a terrorist upon
permission of the court for any legitimate
reason.
Any person who unjustifiably refuses to
follow the order of the proper division of
the Court of Appeals to allow the person
accused of the crime of terrorism or of the
crime of conspiracy to commit terrorism to
withdraw such sums from sequestered or
frozen deposits, placements, trust accounts,
assets and records as may be necessary for
Criminal Law – TITLE ONE
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the regular sustenance of his/her family or
to use any of his/her property that has been
seized, sequestered or frozen for legitimate
purposes while his/her case is pending
shall suffer the penalty of ten (10) years
and one day to twelve (12) years of
imprisonment.
SEC. 40. Nature of Seized. Sequestered
and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Records. -
The seized, sequestered and frozen bank
deposits, placements, trust accounts, assets
and records belonging to a person
suspected of or charged with the crime of
terrorism or conspiracy to commit
terrorism shall be deemed as property held
in trust by the bank or financial institution
for such person and the government during
the pendency of the investigation of the
person suspected of or during the
pendency of the trial of the person charged
with any of the said crimes, as the case
may be and their use or disposition while
the case is pending shall be subject to the
approval of the court before which the case
or cases are pending.
SEC. 41. Disposition of the Seized,
Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and
Averell B. Abrasaldo – I-Estrellado
Record. - If the person suspected of or
charged with the crime of terrorism or
conspiracy to commit terrorism is found,
after his investigation, to be innocent by
the investigating body, or is acquitted,
after his arraignment or his case is
dismissed before his arraignment by a
competent court, the seizure, sequestration
and freezing of his bank deposits,
placements, trust accounts, assets and
records shall forthwith be deemed lifted by
the investigating body or by the competent
court, as the case may be, and his bank
deposits, placements, trust accounts, assets
and records shall be deemed released from
such seizure, sequestration and freezing,
and shall be restored to him without any
delay by the bank or financial institution
concerned without any further action on
his part. The filing of any appeal on
motion for reconsideration shall not state
the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of
terrorism or conspiracy to commit
terrorism is convicted by a final judgment
of a competent trial court, his seized,
sequestered and frozen bank deposits,
placements, trust accounts, assets and
records shall be automatically forfeited in
favor of the government.
Upon his or her acquittal or the dismissal
of the charges against him or her, the
amount of Five hundred thousand pesos
(P500.000.00) a day for the period in
which his properties, assets or funds were
seized shall be paid to him on the concept
of liquidated damages. The amount shall
be taken from the appropriations of the
police or law enforcement agency that
caused the filing of the enumerated
charges against him/her.
SEC. 42. Penalty for Unjustified Refusal
to Restore or Delay in Restoring Seized,
Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and
Records. - Any person who unjustifiably
refuses to restore or delays the restoration
of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets
and records of a person suspected of or
charged with the crime of terrorism or
conspiracy to commit terrorism after such
suspected person has been found innocent
by the investigating body or after the case
against such charged person has been
dismissed or after he is acquitted by a
competent court shall suffer the penalty of
Criminal Law – TITLE ONE
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ten (10) years and one day to twelve (12)
years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse,
Diversion or Dissipation of Seized,
Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and
Records. - Any person who is responsible
for the loss, misuse, diversion, or
dissipation of the whole or any part of the
seized, sequestered and frozen bank
deposits, placements, trust accounts, assets
and records of a person suspected of or
charged with the crime of terrorism or
conspiracy to commit terrorism shall suffer
the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of
Detained Persons. - Any public officer
who has direct custody of a detained
person or under the provisions of this Act
and who by his deliberate act, misconduct,
or inexcusable negligence causes or allows
the escape of such detained person shall be
guilty of an offense and shall suffer the
penalty of: (a) twelve (12) years and one
day to twenty (20) years of imprisonment,
if the detained person has already been
convicted and sentenced in a final
judgment of a competent court; and (b) six
Averell B. Abrasaldo – I-Estrellado
years and one day to twelve (12) years of
imprisonment, if the detained person has
not been convicted and sentenced in a final
judgment of a competent court.
SEC. 45. Immunity and Protection of
Government Witnesses. - The provisions
of Republic Act No. 6981 (Witness
Protection, Security and Benefits Act) to
the contrary notwithstanding, the
immunity of government witnesses
testifying under this Act shall be governed
by Sections 17 and 18 of Rule 119 of the
Rules of Court: Provided, however, That
said witnesses shall be entitled to benefits
granted to witnesses under said Republic
Act No.6981.
SEC. 46. Penalty for Unauthorized
Revelation of Classified Materials. - The
penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be
imposed upon any person, police or law
enforcement agent, judicial officer or civil
servant who, not being authorized by the
Court of Appeals to do so, reveals in any
manner or form any classified information
under this Act.
SEC. 47. Penalty for Furnishing False
Evidence, Forged Document, or Spurious
Evidence. - The penalty of twelve (12)
years and one day to twenty (20) years of
imprisonment shall be imposed upon any
person who knowingly furnishes false
testimony, forged document or spurious
evidence in any investigation or hearing
under this Act.
SEC. 48. Continuous Trial. - In cases of
terrorism or conspiracy to commit
terrorism, the judge shall set the
continuous trial on a daily basis from
Monday to Friday or other short-term trial
calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act
Shall be a Bar to Another Prosecution
under the Revised Penal Code or any
Special Penal Laws. - When a person has
been prosecuted under a provision of this
Act, upon a valid complaint or information
or other formal charge sufficient in form
and substance to sustain a conviction and
after the accused had pleaded to the
charge, the acquittal of the accused or the
dismissal of the case shall be a bar to
another prosecution for any offense or
felony which is necessarily included in the
offense charged under this Act.
Criminal Law – TITLE ONE
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SEC. 50. Damages for Unproven Charge
of Terrorism. - Upon acquittal, any person
who is accused of terrorism shall be
entitled to the payment of damages in the
amount of Five hundred thousand pesos
(P500,000.00) for every day that he or she
has been detained or deprived of liberty or
arrested without a warrant as a result of
such an accusation. The amount of
damages shall be automatically charged
against the appropriations of the police
agency or the Anti-Terrorism Council that
brought or sanctioned the filing of the
charges against the accused. It shall also be
released within fifteen (15) days from the
date of the acquittal of the accused. The
award of damages mentioned above shall
be without prejudice to the right of the
acquitted accused to file criminal or
administrative charges against those
responsible for charging him with the case
of terrorism.
Any officer, employee, personnel, or
person who delays the release or refuses to
release the amounts awarded to the
individual acquitted of the crime of
terrorism as directed in the paragraph
immediately preceding shall suffer the
penalty of six months of imprisonment.
Averell B. Abrasaldo – I-Estrellado
If the deductions are less than the amounts
due to the detained persons, the amount
needed to complete the compensation shall
be taken from the current appropriations
for intelligence, emergency, social or other
funds of the Office of the President.
In the event that the amount cannot be
covered by the current budget of the police
or law enforcement agency concerned, the
amount shall be automatically included in
the appropriations of the said agency for
the coming year.
SEC. 51. Duty to Record and Report the
Name and Address of the Informant. -
The police or law enforcement officers to
whom the name or a suspect in the crime
of terrorism was first revealed shall record
the real name and the specific address of
the informant.
The police or law enforcement officials
concerned shall report the informant's
name and address to their superior officer
who shall transmit the information to the
Congressional Oversight Committee or to
the proper court within five days after the
suspect was placed under arrest or his
properties were sequestered, seized or
frozen.
The name and address of the informant
shall be considered confidential and shall
not be unnecessarily revealed until after
the proceedings against the suspect shall
have been terminated.
SEC. 52. Applicability of the Revised
Penal Code. - The provisions of Book I of
the Revised Penal Code shall be applicable
to this Act.
SEC. 53. Anti-Terrorism Council. - An
Anti-Terrorism Council, hereinafter
referred to, for brevity, as the "Council," is
hereby created. The members of the
Council are: (1) the Executive Secretary,
who shall be its Chairperson; (2) the
Secretary of Justice, who shall be its Vice
Chairperson; and (3) the Secretary of
Foreign Affairs; (4) the Secretary of
National Defense; (5) the Secretary of the
Interior and Local Government; (6) the
Secretary of Finance; and (7) the National
Security Advisor, as its other members.
The Council shall implement this Act and
assume the responsibility for the proper
and effective implementation of the anti-
terrorism policy of the country. The
Council shall keep records of its
proceedings and decisions. All records of
Criminal Law – TITLE ONE
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the Council shall be subject to such
security classifications as the Council may,
in its judgment and discretion, decide to
adopt to safeguard the safety of the people,
the security of the Republic, and the
welfare of the nation.
The National Intelligence Coordinating
Agency shall be the Secretariat of the
Council. The Council shall define the
powers, duties, and functions of the
National Intelligence Coordinating Agency
as Secretariat of the Council. The National
Bureau of Investigation, the Bureau of
Immigration, the Office of Civil Defense,
the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money
Laundering Council, the Philippine Center
on Transnational Crime, and the Philippine
National Police intelligence and
investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt
comprehensive, adequate, efficient, and
effective anti-terrorism plans, programs,
and counter-measures to suppress and
eradicate terrorism in the country and to
protect the people from acts of terrorism.
Nothing herein shall be interpreted to
empower the Anti-Terrorism Council to
Averell B. Abrasaldo – I-Estrellado
exercise any judicial or quasi-judicial
power or authority.
SEC. 54. Functions of the Council. - In
pursuit of its mandate in the previous
Section, the Council shall have the
following functions with due regard for the
rights of the people as mandated by the
Constitution and pertinent laws:
1. Formulate and adopt plans,
programs and counter-measures
against terrorists and acts of
terrorism in the country;
2. Coordinate all national efforts to
suppress and eradicate acts of
terrorism in the country and
mobilize the entire nation against
terrorism prescribed in this Act;
3. Direct the speedy investigation
and prosecution of all persons
accused or detained for the crime
of terrorism or conspiracy to
commit terrorism and other
offenses punishable under this Act,
and monitor the progress of their
cases;
4. Establish and maintain
comprehensive data-base
information system on terrorism,
terrorist activities, and counter-
terrorism operations;
5. Freeze the funds property, bank
deposits, placements, trust
accounts, assets and records
belonging to a person suspected of
or charged with the crime of
terrorism or conspiracy to commit
terrorism, pursuant to Republic Act
No. 9160, otherwise known as the
Anti-Money Laundering Act of
2001, as amended;
6. Grant monetary rewards and
other incentives to informers who
give vital information leading to
the apprehension, arrest, detention,
prosecution, and conviction of
person or persons who are liable
for the crime of terrorism or
conspiracy to commit terrorism;
7. Establish and maintain
coordination with and the
cooperation and assistance of other
nations in the struggle against
international terrorism; and
Criminal Law – TITLE ONE
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8. Request the Supreme Court to
designate specific divisions of the
Court of Appeals and Regional
Trial Courts in Manila, Cebu City
and Cagayan de Oro City, as the
case may be, to handle all cases
involving the crime of terrorism or
conspiracy to commit terrorism and
all matters incident to said crimes.
The Secretary of Justice shall
assign a team of prosecutors from:
(a) Luzon to handle terrorism cases
filed in the Regional Trial Court in
Manila; (b) from the Visayas to
handle cases filed in Cebu City;
and (c) from Mindanao to handle
cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on
Human Rights. - The Commission on
Human Rights shall give the highest
priority to the investigation and
prosecution of violations of civil and
political rights of persons in relation to the
implementation of this Act; and for this
purpose, the Commission shall have the
concurrent jurisdiction to prosecute public
officials, law enforcers, and other persons
who may have violated the civil and
political rights of persons suspected of, or
Averell B. Abrasaldo – I-Estrellado
detained for the crime of terrorism or
conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance
Committee. - There is hereby created a
Grievance Committee composed of the
Ombudsman, as chair, and the Solicitor
General, and an undersecretary from the
Department of Justice (DOJ), as members,
to receive and evaluate complaints against
the actuations of the police and law
enforcement officials in the
implementation of this Act. The
Committee shall hold office in Manila.
The Committee shall have three
subcommittees that will be respectively
headed by the Deputy Ombudsmen in
Luzon, the Visayas and Mindanao. The
subcommittees shall respectively hold
office at the Offices of Deputy
Ombudsman. Three Assistant Solicitors
General designated by the Solicitor
General, and the regional prosecutors of
the DOJ assigned to the regions where the
Deputy Ombudsmen hold office shall be
members thereof. The three subcommittees
shall assist the Grievance Committee in
receiving, investigating and evaluating
complaints against the police and other law
enforcement officers in the implementation
of this Act. If the evidence warrants it,
they may file the appropriate cases against
the erring police and law enforcement
officers. Unless seasonably disowned or
denounced by the complainants, decisions
or judgments in the said cases shall
preclude the filing of other cases based on
the same cause or causes of action as those
that were filed with the Grievance
Committee or its branches.
SEC. 57. Ban on Extraordinary
Rendition. - No person suspected or
convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any
country unless his or her testimony is
needed for terrorist related police
investigations or judicial trials in the said
country and unless his or her human rights,
including the right against torture, and
right to counsel, are officially assured by
the requesting country and transmitted
accordingly and approved by the
Department of Justice.
SEC. 58. Extra-Territorial Application of
this Act. - Subject to the provision of an
existing treaty of which the Philippines is a
signatory and to any contrary provision of
any law of preferential application, the
provisions of this Act shall apply: (1) to
individual persons who commit any of the
Criminal Law – TITLE ONE
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crimes defined and punished in this Act
within the terrestrial domain, interior
waters, maritime zone, and airspace of the
Philippines; (2) to individual persons who,
although physically outside the territorial
limits of the Philippines, commit, conspire
or plot to commit any of the crimes
defined and punished in this Act inside the
territorial limits of the Philippines; (3) to
individual persons who, although
physically outside the territorial limits of
the Philippines, commit any of the said
crimes on board Philippine ship or
Philippine airship; (4) to individual
persons who commit any of said crimes
within any embassy, consulate, or
diplomatic premises belonging to or
occupied by the Philippine government in
an official capacity; (5) to individual
persons who, although physically outside
the territorial limits of the Philippines,
commit said crimes against Philippine
citizens or persons of Philippines descent,
where their citizenship or ethnicity was a
factor in the commission of the crime; and
(6) to individual persons who, although
physically outside the territorial limits of
the Philippines, commit said crimes
directly against the Philippine government.
Averell B. Abrasaldo – I-Estrellado
SEC. 59. Joint Oversight Committee. -
There is hereby created a Joint Oversight
Committee to oversee the implementation
of this Act. The Oversight Committee shall
be composed of five members each from
the Senate and the House in addition to the
Chairs of the Committees of Public Order
of both Houses who shall also Chair the
Oversight Committee in the order
specified herein. The membership of the
Committee for every House shall at least
have two opposition or minority members.
The Joint Oversight Committee shall have
its own independent counsel. The Chair of
the Committee shall rotate every six
months with the Senate chairing it for the
first six months and the House for the next
six months. In every case, the ranking
opposition or minority member of the
Committee shall be the Vice Chair. Upon
the expiration of one year after this Act is
approved by the President, the Committee
shall review the Act particularly the
provision that authorize the surveillance of
suspects of or persons charged with the
crime of terrorism. To that end, the
Committee shall summon the police and
law enforcement officers and the members
of the Anti-Terrorism Council and require
them to answer questions from the
members of Congress and to submit a
written report of the acts they have done in
the implementation of the law including
the manner in which the persons suspected
of or charged with the crime of terrorism
have been dealt with in their custody and
from the date when the movements of the
latter were subjected to surveillance and
his or her correspondences, messages,
conversations and the like were listened to
or subjected to monitoring, recording and
tapping. Without prejudice to its
submitting other reports, the Committee
shall render a semiannual report to both
Houses of Congress. The report may
include where necessary a
recommendation to reassess the effects of
globalization on terrorist activities on the
people, provide a sunset clause to or
amend any portion of the Act or to repeal
the Act in its entirety. The courts dealing
with anti-terrorism cases shall submit to
Congress and the President a report every
six months of the status of anti-terrorism
cases that have been filed with them
starting from the date this Act is
implemented.
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Republic Act No. 10168

AN ACT DEFINING THE CRIME OF
FINANCING OF TERRORISM,
PROVIDING PENALTIES
THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of

Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. – This Act shall be

known as "The Terrorism Financing
Prevention and Suppression Act of 2012?.

Section 2. Declaration of Policy. – It is the

policy of the State to protect life, liberty,
and property from acts of terrorism and to
condemn terrorism and those who support
and finance it and to recognize it as
inimical and dangerous to national security
and the welfare of the people, and to make
the financing of terrorism a crime against

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE ONE
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the Filipino people, against humanity, and
against the law of nations.
The State, likewise, recognizes and
adheres to international commitments to
combat the financing of terrorism,
specifically to the International
Convention for the Suppression of the
Financing of Terrorism, as well as other
binding terrorism-related resolutions of the
United Nations Security Council pursuant
to Chapter 7 of the Charter of the United
Nations (UN).
Toward this end, the State shall reinforce
its fight against terrorism by criminalizing
the financing of terrorism and related
offenses, and by preventing and
suppressing the commission of said
offenses through freezing and forfeiture of
properties or funds while protecting human
rights.
Section 3. Definition of Terms. – As used
in this Act:
(a) Anti-Money Laundering
Council (AMLC) refers to the
Council created by virtue of
Republic Act No. 9160, as
amended, otherwise known as the
Averell B. Abrasaldo – I-Estrellado
"Anti-Money Laundering Act of
2001, as amended".
(b) Anti-Terrorism Council
(ATC) refers to the Council created
by, virtue of Republic Act No.
9372, otherwise known as the
"Human Security Act of 2007?.
(c) Covered institutions refer to or
shall have the same meaning as
defined under the Anti-Money
Laundering Act (AMLA), as
amended.
(d) Dealing, with regard to
property or funds refers to receipt,
acquisition, transacting,
representing, concealing, disposing
or converting, transferring or
moving, use as security of or
providing financial services.
(e) Designated persons refers to:
(1) any person or entity
designated and/or identified
as a terrorist, one who
finances terrorism, or a
terrorist organization or
group under the applicable
United Nations Security
Council Resolution or by
another jurisdiction or
supranational jurisdiction;
(2) any organization,
association, or group of
persons proscribed pursuant
to Section 17 of the Human
Security Act of 2007; or
(3) any person,
organization, association, or
group of persons whose
funds or property, based on
probable cause are subject
to seizure and sequestration
under Section 39 of the
Human Security Act of
2007.
(f) Forfeiture refers to a court order
transferring in favor of the
government, after due process,
ownership of property or funds
representing, involving, or relating
to financing of terrorism as defined
in Section 4 or an offense under
Sections 5, 6, 7, 8, or 9 of this Act.
Criminal Law – TITLE ONE
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(g) Freeze refers to the blocking or principal or as an accomplice, in to compel a government or

restraining of specific property or
funds from being transacted,
converted, concealed, moved or
disposed without affecting the
ownership thereof.
(h) Property or funds refer to
financial assets, property of every
kind, whether tangible or
intangible, movable or immovable,
however acquired, and legal
documents or instruments in any
form, including electronic or
digital, evidencing title to, or
interest in, such funds or other
assets, including, but not limited to,
bank credits, travellers cheques,
bank cheques, money orders,
shares, securities, bonds, drafts, or
letters of credit, and any interest,
dividends or other income on or
value accruing from or generated
by such funds or other assets.
(i) Terrorist refers to any natural
person who: (1) commits, or
attempts, or conspires to commit
terrorist acts by any means, directly
or indirectly, unlawfully and
willfully; (2) participates, as a
terrorist acts; (3) organizes or
directs others to commit terrorist
acts; or (4) contributes to the
commission of terrorist acts by a
group of persons acting with a
common purpose where the
contribution is made intentionally
and with the aim of furthering the
terrorist act or with the knowledge
of the intention of the group to
commit a terrorist act.
(j) Terrorist acts refer to the
following:
(1) Any act in violation of
Section 3 or Section 4 of
the Human Security Act of
2007;
(2) Any other act intended
to cause death or serious
bodily injury to a civilian,
or to any other person not
taking an active part in the
hostilities in a situation of
armed conflict, when the
purpose of such act, by its
nature or context, is to
intimidate a population, or
an international
organization to do or to
abstain from doing any act;
(3) Any act which
constitutes an offense under
this Act, that is within the
scope of any of the
following treaties of which
the Republic of the
Philippines is a State party:
(a) Convention for
the Suppression of
Unlawful Seizure of
Aircraft, done at
The Hague on 16
December 1970 ;
(b) Convention for
the Suppression of
Unlawful Acts
against the Safety of
Civil Aviation, done
at Montreal on 23
September 1971 ;
(c) Convention on
the Prevention and
Punishment of

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE ONE
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Crimes against Serving (i) International

Internationally International Civil Convention for the
Protected Persons, Aviation, Suppression of
including supplementary to Terrorist Bombings,
Diplomatic Agents, the Convention for adopted by the
adopted by the the Suppression of General Assembly
General Assembly Unlawful Acts of the United
of the United against the Safety of Nations on 15
Nations on 14 Civil Aviation, done December 1997.
December 1973; at Montreal on 24
February 1988 ; (k) Terrorist
(d) International organization,
Convention against (g) Convention for association or a
the Taking of the Suppression of group of
Hostages, adopted Unlawful Acts persons refers to
by the General against the Safety of any entity owned or
Assembly of the Maritime controlled by any
United Nations on Navigation, done at terrorist or group of
17 December 1979; Rome on 10 March terrorists that: (1)
1988 ; commits, or
(e) Convention on attempts to commit,
the Physical (h) Protocol for the terrorist acts by any
Protection of Suppression of means, directly or
Nuclear Material, Unlawful Acts indirectly,
adopted at Vienna against the Safety of unlawfully and
on 3 March 1980 ; Fixed Platforms willfully; (2)
located on the participates as an
(f) Protocol for the Continental Shelf, accomplice in
Suppression of done at Rome on 10 terrorist acts; (3)
Unlawful Acts of March 1988; or organizes or directs
Violence at Airports others to commit

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE ONE
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terrorist acts; or (4) association or group; or (c) by an
contributes to the individual terrorist, shall be guilty of the
commission of crime of financing of terrorism and shall
terrorist acts by a suffer the penalty of reclusion temporal in
group of persons its maximum period to reclusion perpetua
acting with common and a fine of not less than Five hundred
purpose of thousand pesos (Php500,000.00) nor more
furthering the than One million pesos (Php1,000,000.00).
terrorist act where
the contribution is Any person who organizes or directs
made intentionally others to commit financing of terrorism
and with the aim of under the immediately preceding
furthering the paragraph shall likewise be guilty of an
terrorist act or with offense and shall suffer the same penalty
the knowledge of as herein prescribed.
the intention of the
group to commit a For purposes of this Act, knowledge or
terrorist act. intent may be established by direct
evidence or inferred from the attendant
Section 4. Financing of Terrorism. – Any circumstances.
person who, directly or indirectly, willfully
and without lawful excuse, possesses, For an act to constitute a crime under this
provides, collects or uses property or funds Act, it shall not be necessary that the funds
or makes available property, funds or were actually used to carry out a crime
financial service or other related services, referred to in Section 3(j).
by any means, with the unlawful and
willful intention that they should be used Section 5. Attempt or Conspiracy to
or with the knowledge that they are to be Commit the Crimes of Financing of
used, in full or in part: (a) to carry out or Terrorism and Dealing with Property or
facilitate the commission of any terrorist Funds of Designated Persons. – Any
act; (b) by a terrorist organization, attempt to commit any crime under Section
Averell B. Abrasaldo – I-Estrellado
4 or Section 8 under this Act shall be
penalized by a penalty two degrees lower
than that prescribed for the commission of
the same as provided under this Act.
Any conspiracy to commit any crime
under Section 4 or Section 8 of this Act
shall be penalized by the same penalty
prescribed for the commission of such
crime under the said sections.
There is conspiracy to commit the offenses
punishable under Sections 4 and 8 of this
Act when two (2) or more persons come to
an agreement concerning the commission
of such offenses and decided to commit it.
Section 6. Accomplice. – Any person who,
not being a principal under Article 17 of
the Revised Penal Code or a conspirator as
defined in Section 5 hereof, cooperates in
the execution of either the crime of
financing of terrorism or conspiracy to
commit the crime of financing of terrorism
by previous or simultaneous acts shall
suffer the penalty one degree lower than
that prescribed for the conspirator.
Section 7. Accessory. – Any person who,
having knowledge of the commission of
the crime of financing of terrorism but
Criminal Law – TITLE ONE
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without having participated therein as a
principal, takes part subsequent to its
commission, by profiting from it or by
assisting the principal or principals to
profit by the effects of the crime, or by
concealing or destroying the effects of the
crime in order to prevent its discovery, or
by harboring, concealing or assisting in the
escape of a principal of the crime shall be
guilty as an accessory to the crime of
financing of terrorism and shall be
imposed a penalty two degrees lower than
that prescribed for principals in the crime
of financing terrorism.
Section 8. Prohibition Against Dealing
with Property or Funds of Designated
Persons. – Any person who, not being an
accomplice under Section 6 or accessory
under Section 7 in relation to any property
or fund: (i) deals directly or indirectly, in
any way and by any means, with any
property or fund that he knows or has
reasonable ground to believe is owned or
controlled by a designated person,
organization, association or group of
persons, including funds derived or
generated from property or funds owned or
controlled, directly or indirectly, by a
designated person, organization,
association or group of persons; or (ii)
Averell B. Abrasaldo – I-Estrellado
makes available any property or funds, or
financial services or other related services
to a designated and/or identified person,
organization, association, or group of
persons, shall suffer the penalty of
reclusion temporal in its maximum period
to reclusion perpetua and a fine of not less
than Five hundred thousand pesos
(Php500,000.00) nor more than One
million pesos (Php1,000,000.00).
Section 9. Offense by a Juridical Person,
Corporate Body or Alien. – If the offender
is a corporation, association, partnership or
any juridical person, the penalty shall be
imposed upon the responsible officers, as
the case may be, who participated in, or
allowed by their gross negligence, the
commission of the crime or who shall have
knowingly permitted or failed to prevent
its commission. If the offender is a
juridical person, the court may suspend or
revoke its license. If the offender is an
alien, the alien shall, in addition to the
penalties herein prescribed, be deported
without further proceedings after serving
the penalties herein prescribed.
Section 10. Authority to Investigate
Financing of Terrorism. – The AMLC,
either upon its own initiative or at the
request of the ATC, is hereby authorized to
investigate: (a) any property or funds that
are in any way related to financing of
terrorism or acts of terrorism; (b) property
or funds of any person or persons in
relation to whom there is probable cause to
believe that such person or persons are
committing or attempting or conspiring to
commit, or participating in or facilitating
the financing of terrorism or acts of
terrorism as defined herein.
The AMLC may also enlist the assistance
of any branch, department, bureau, office,
agency or instrumentality of the
government, including government-owned
and -controlled corporations in
undertaking measures to counter the
financing of terrorism, which may include
the use of its personnel, facilities and
resources.
For purposes of this section and
notwithstanding the provisions of Republic
Act No. 1405, otherwise known as the
"Law on Secrecy of Bank Deposits", as
amended; Republic Act No. 6426,
otherwise known as the "Foreign Currency
Deposit Act of the Philippines", as
amended; Republic Act No. 8791,
otherwise known as "The General Banking
Criminal Law – TITLE ONE
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Law of 2000? and other laws, the AMLC
is hereby authorized to inquire into or
examine deposits and investments with
any banking institution or non-bank
financial institution and their subsidiaries
and affiliates without a court order.
Section 11. Authority to Freeze. – The
AMLC, either upon its own initiative or at
the request of the ATC, is hereby
authorized to issue an ex parte order to
freeze without delay: (a) property or funds
that are in any way related to financing of
terrorism or acts of terrorism; or (b)
property or funds of any person, group of
persons, terrorist organization, or
association, in relation to whom there is
probable cause to believe that they are
committing or attempting or conspiring to
commit, or participating in or facilitating
the commission of financing of terrorism
or acts of terrorism as defined herein.
The freeze order shall be effective for a
period not exceeding twenty (20) days.
Upon a petition filed by the AMLC before
the expiration of the period, the effectivity
of the freeze order may be extended up to a
period not exceeding six (6) months upon
order of the Court of Appeals: Provided,
That the twenty-day period shall be tolled
Averell B. Abrasaldo – I-Estrellado
upon filing of a petition to extend the
effectivity of the freeze order.
Notwithstanding the preceding paragraphs,
the AMLC, consistent with the Philippines
’ international obligations, shall be
authorized to issue a freeze order with
respect to property or funds of a
designated organization, association, group
or any individual to comply with binding
terrorism-related Resolutions, including
Resolution No. 1373, of the UN Security
Council pursuant to Article 41 of the
Charter of the UN. Said freeze order shall
be effective until the basis for the issuance
thereof shall have been lifted. During the
effectivity of the freeze order, an aggrieved
party may, within twenty (20) days from
issuance, file with the Court of Appeals a
petition to determine the basis of the freeze
order according to the principle of
effective judicial protection.
However, if the property or funds subject
of the freeze order under the immediately
preceding paragraph are found to be in any
way related to financing of terrorism or
acts of terrorism committed within the
jurisdiction of the Philippines , said
property or funds shall be the subject of
civil forfeiture proceedings as hereinafter
provided.
Section 12. Exceptions for Investigative
Requirements. – Notwithstanding the
immediately preceding provision, the
AMLC may decide to defer the issuance of
a freeze order for as long as necessary for
any specific investigative/prosecutorial
purposes.
Section 13. Humanitarian Exemptions. –
The person whose property or funds have
been frozen under the first paragraph of
Section 11 may withdraw such sums as the
court determines to be reasonably needed
for monthly family needs and sustenance
including the services of counsel and the
family medical needs of such
person.1âwphi1
The person whose property or funds have
been frozen under the third paragraph of
Section 11 may withdraw such sums as the
AMLC determines to be reasonably
needed for monthly family needs including
the services of counsel and the family
medical needs of such person.
Section 14. Appropriation and Use of
Funds of Public Attorney’s Office (PAO). –
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Any appropriation and use of funds of
PAO to provide free legal assistance or
services to persons charged of the offenses
defined and penalized herein shall not be
construed as a violation of this Act,
thereby exempting the PAO from any
liability.
Section 15. Publication of Designation. –
The Department of Foreign Affairs with
respect to designation under Section 3 (e)
(1) of this Act, and the ATC with respect
to designation under Section 3 (e) (2) and
(3) and Section 11 of this Act, shall
publish a list of the designated persons to
which this Act or the Human Security Act
applies. The concerned agencies shall
ensure that an electronic version of the
document is made available to the public
on their respective website.
Each respective agency or authority shall
ensure that information on procedures
established in rules and regulations issued
pursuant to this Act for delisting,
unfreezing and exemptions for basic,
necessary or extraordinary expenses shall
likewise be made available in their
respective website.
Averell B. Abrasaldo – I-Estrellado
Section 16. Duty of the Covered
Institutions and/or Relevant Government
Agencies Upon Receipt of the Freeze
Order. – Upon receipt of the notice of a
freeze order, the covered institutions
and/or relevant government agencies shall
immediately preserve the subject property
or funds in accordance with the order of
the AMLC and shall forthwith serve a
copy of the notice of the freeze order upon
the owner or holder of the property or
funds. Any responsible officer or other
person who fails to comply with a freeze
order shall suffer the penalty of
imprisonment from six (6) months to four
(4) years and a fine of not less than One
hundred thousand pesos (Php100,000.00)
nor more than Five hundred thousand
pesos (Php500,000.00), at the discretion of
the court, without prejudice to the
administrative sanctions that the AMLC
may impose on the erring covered
institution.
Section 17. Predicate Offense to Money
Laundering. – Financing of terrorism
under Section 4 and offenses punishable
under Sections 5, 6, and 7 of this Act shall
be predicate offenses to money laundering
as defined in Republic Act No. 9160,
otherwise known as the "Anti-Money
Laundering Act of 2001?, as amended, and
subject to its suspicious transaction
reporting requirement.
Section 18. Civil Forfeiture. – The
procedure for the civil forfeiture of
property or funds found to be in any way
related to financing of terrorism under
Section 4 and other offenses punishable
under Sections 5, 6, and 7 of this Act shall
be made in accordance with the AMLA, as
amended, its Revised Implementing Rules
and Regulations and the Rules of
Procedure promulgated by the Supreme
Court.
Section 19. Extra-Territorial Application
of this Act. – Subject to the provision of an
existing treaty, including the International
Convention for the Suppression of the
Financing of Terrorism of which the
Philippines is a State Party, and to any
contrary provision of any law of
preferential application, the criminal
provisions of this Act shall apply: (a) to
individual persons who, although
physically outside the territorial limits of
the Philippines, commit, conspire or plot to
commit any of the crimes defined and
punished in this Act inside the territorial
limits of the Philippines; (b) to individual
Criminal Law – TITLE ONE
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persons who, although physically outside
the territorial limits of the Philippines,
commit any of the said crimes on board
Philippine ship or Philippine airship; (c) to
individual persons who commit any of said
crimes within any embassy, consulate, or
diplomatic premises belonging to or
occupied by the Philippine government in
an official capacity; (d) to individual
persons who, although physically outside
the territorial limits of the Philippines,
commit said crimes against Philippine
citizens or persons of Philippine descent,
where their citizenship or ethnicity was a
factor in the commission of the crime; and
(e) to individual persons who, although
physically outside the territorial limits of
the Philippines, commit said crimes
directly against the Philippine government.
The provisions of this Act shall likewise
apply to a Filipino national who, although
outside the territorial jurisdiction of the
Philippines , commit, conspire or plot to
commit any of the crimes defined and
punished in this Act.
In case of an alien whose extradition is
requested pursuant to the International
Convention for the Suppression of the
Financing of Terrorism, and that alien is
Averell B. Abrasaldo – I-Estrellado
not extradited to the requesting State, the
Republic of the Philippines, without
exception whatsoever and whether or not
the offense was committed in the
Philippines, shall submit the case without
undue delay to the Department of Justice
for the purpose of prosecution in the same
manner as if the act constituting the
offense had been committed in the
Philippines, in which case, the courts of
the Philippines shall have jurisdiction over
the offense.
Section 20. Extradition. – The Philippines
may, at its option, subject to the principle
of reciprocity, consider the International
Convention for the Suppression of the
Financing of Terrorism as a legal basis for
requesting or granting extradition in
respect of the offenses set forth under this
Act.
Section 21. Applicability of the Revised
Penal Code. – The provisions of Book I of
the Revised Penal Code shall apply
suppletorily to this Act.
Criminal Law – TITLE ONE
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REPUBLIC ACT NO. 9851
AN ACT DEFINING AND
PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN
LAW, GENOCIDE AND OTHER
CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS,
AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in
Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be
known as the "Philippine Act on Crimes
Against International Humanitarian
Law, Genocide, and Other Crimes
Against Humanity".
Section 2. Declaration of Principles and
State Policies. -
(a) The Philippines renounces war
as an instrument of national policy,
Averell B. Abrasaldo – I-Estrellado
adopts the generally accepted
principles of international law as
part of the law of the land and
adheres to a policy of peace,
equality, justice, freedom,
cooperation and amity with all
nations.
(b) The state values the dignity of
every human person and guarantees
full respect for human rights,
including the rights of indigenous
cultural communities and other
vulnerable groups, such as women
and children;
(c) It shall be the responsibility of
the State and all other sectors
concerned to resolved armed
conflict in order to promote the
goal of "Children as Zones of
Peace";
(d) The state adopts the generally
accepted principles of international
law, including the Hague
Conventions of 1907, the Geneva
Conventions on the protection of
victims of war and international
humanitarian law, as part of the law
our nation;
Criminal Law – TITLE ONE
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(e) The most serious crimes of
concern to the international
community as a whole must not go
unpunished and their effective
prosecution must be ensured by
taking measures at the national
level, in order to put an end to
impunity for the perpetrators of
these crimes and thus contribute to
the prevention of such crimes, it
being the duty of every State to
exercise its criminal jurisdiction
over those responsible for
international crimes;
(f) The State shall guarantee
persons suspected or accused of
having committed grave crimes
under international law all rights
necessary to ensure that their trial
will be fair and prompt in strict
accordance with national and
international law and standards for
fair trial, It shall also protect
victims, witnesses and their
families, and provide appropriate
redress to victims and their
families, It shall ensure that the
legal systems in place provide
accessible and gender-sensitive
Averell B. Abrasaldo – I-Estrellado
avenues of redress for victims of
armed conflict, and
(g)The State recognizes that the
application of the provisions of this
Act shall not affect the legal status
of the parties to a conflict, nor give
an implied recognition of the status
of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the
term:
(a) "Apartheid' means inhumane
acts committed in the context of an
institutionalized regime of
systematic oppression and
domination by one racial group or
groups and committed with the
intention of maintaining that
regime
(b) "Arbitrary deportation or
forcible transfer of population"
means forced displacement of the
persons concerned by expultion by
expulsion or other coercive acts
from the area in which they are
lawfully present, without grounds
permitted under domestic or
international law.
(c) "Armed conflict" means any use
of force or armed violence between
States or a protracted armed
violence between governmental
authorities and organized armed
groups or between such groups
within that State: Provided, That
such force or armed violence gives
rise, or may give rise, to a situation
to which the Geneva Conventions
of 12 August 1949, including their
common Article 3, apply. Armed
conflict may be international, that
is, between two (2) or more States,
including belligerent occupation; or
non-international, that is, between
governmental authorities and
organized armed groups or between
such groups within a state. It does
not cover internal disturbances or
tensions such as riots, isolated and
sporadic acts of violence or other
acts of a similar nature.
(d) "Armed forces" means all
organized armed forces, groups and
units that belong to a party to an
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armed conflict which are under a
command responsible to that party
for the conduct of its subordinates.
Such armed forces shall be subject
to an internal disciplinary system
which enforces compliance with
International Humanitarian Law
(e) "Attack directed against any
civilian population" means a course
of conduct involving the multiple
commission of acts referred to in
Section 6 of this Act against any
civilian population, pursuant to or
in furtherance of a State or
organizational policy to commit
such attack.
(f) "Effective command and
control" or " effective authority and
control" means having the material
ability to prevent and punish the
commission of offenses by
subordinates.
(g) "Enforced or involuntary
disappearance of persons" means
the arrest, detention, or abduction
of persons by, or with the
authorization support or
acquiescence of, a State or a
Averell B. Abrasaldo – I-Estrellado
political organization followed by a
refusal to acknowledge that
deprivation of freedom or to give
information on the fate or
whereabouts of those persons, with
the intention of removing from the
protection of the law for a
prolonged period of time
(h) "Enslavement" means the
exercise of any or all of the powers
attaching to the right of ownership
over a person and includes the
exercise of such power in the
course of trafficking in persons, in
particular women and children.
(i) "Extermination" means the
international infliction of
conditions of life, inter alia, the
deprivation of access to food and
medicine, calculated to bring about
the destruction of a part of a
population.
(j) " Forced pregnancy" means the
unlawful confinement of a women
to be forcibly made pregnant, with
the intent of affecting the ethnic
composition of any population
carrying out other grave violations
of international law.
(k) "Hors de Combat" means a
person who:
(1) is in the power of an
adverse party;
(2) has clearly expressed an
intention to surrender; or
(3) has been rendered
unconscious or otherwise
incapacitated by wounds or
sickness and therefore is
incapable of defending
himself: Provided, that in
any of these cases, the
person form any hostile act
and does not attempt to
escape.
(l) "Military necessity" means the
necessity of employing measures
which are indispensable to achieve
a legitimate aim of the conflict and
are not otherwise prohibited by
International Humanitarian Law
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(m) "Non-defended locality" means
a locality that fulfills the following
conditions:
(1) all combatants, as well
as mobile weapons and
mobile military equipment,
must have been evacuated;
(2) no hostile use of fixed
military installations or
establishments must have
been made;
(3) no acts of hostility must
have been committed by the
authorities or by the
population; and
(4) no activities in support
of military operations, must
have been undertaken.
(n) "No quarter will be given'
means refusing to spare the life of
anybody, even of persons
manifestly unable to defend
themselves or who clearly express
their intention to surrender.
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(o) "Perfidy" means acts which
invite the confidence of an
adversary to lead him/her to
believe he/she is entitled to, or is
obliged to accord, protection under
the rules of International
Humanitarian Law, with the intent
to betray that confidence, including
but not limited to:
(1) feigning an intent to
negotiate under a flag of
truce;
(2) feigning surrender;
(3) feigning incapacitation
by wounds or sickness;
(4) feigning civilian or
noncombatant status; and
(5) feigning protective
status by use of signs,
emblems or uniforms of the
United Nations or of a
neutral or other State not
party to the conflict.
(p) "Persecution" means the
international and severe
deprivation of fundamental rights
contrary to international law by
reason of identity of the group or
collectivity.
(q) "Protect person" in an armed
conflict means:
(1) a person wounded, sick
or shipwrecked, whether
civilian or military;
(2) a prisoner of war or any
person deprived of liberty
for reasons related to an
armed conflict;
(3) a civilian or any person
not taking a direct part or
having ceased to take part
in the hostilities in the
power of the adverse party;
(4) a person who, before the
beginning of hostilities, was
considered a stateless
person or refugee under the
relevant international
instruments accepted by the
parties to the conflict
concerned or under the
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national legislation of the
state of refuge or state of
residence;
(5) a member of the
medical personnel assigned
exclusively to medical
purposes or to the
administration of medical
units or to the operation of
or administration of
medical transports; or
(6) a member of the
religious personnel who is
exclusively engaged in the
work of their ministry and
attached to the armed forces
of a party to the conflict, its
medical units or medical
transports, or non-
denominational,
noncombatant military
personnel carrying out
functions similar to
religious personnel.
(r) " Superior" means:
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(1) a military commander or
a person effectively acting
as a military commander; or
(2) any other superior, in as
much as the crimes arose
from activities within the
effective authority and
control of that superior.
(s) "Torture" means the intentional
infliction of severe pain or
suffering, whether physical,
mental, or psychological, upon a
person in the custody or under the
control of the accused; except that
torture shall not include pain or
suffering arising only from,
inherent in or incidental to, lawful
sanctions.
(t) "Works and installations
containing dangerous forces"
means works and installations the
attack of which may cause the
release of dangerous forces and
consequent severe losses among
the civilian population, namely:
dams, dikes, and nuclear, electrical
generation stations.
CHAPTER III
CRIMES AGAINST
INTERNATIONAL HUMANITARIAN
LAW, 
GENOCIDE AND OTHER CRIMES
AGAINST HUMANITY
Section 4. War Crimes. - For the purpose
of this Act, "war crimes" or "crimes
against Interntional Human Humanitarian
Law" means:
(a) In case of an international
armed conflict , grave breaches of
the Geneva Conventions of 12
August 1949, namely, any of the
following acts against persons or
property protected under provisions
of the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman
treatment, including
biological experiments;
(3) Willfully causing great
suffering, or serious injury
to body or health;
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(4) Extensive destruction
and appropriation of
property not justified by
military necessity and
carried out unlawfully and
wantonly;
(5) Willfully depriving a
prisoner of war or other
protected person of the
rights of fair and regular
trial;
(6) Arbitrary deportation or
forcible transfer of
population or unlawful
confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a
prisoner of war or other
protected person to serve in
the forces of a hostile
power; and
(9) Unjustifiable delay in
the repatriation of prisoners
of war or other protected
persons.
Averell B. Abrasaldo – I-Estrellado
(b) In case of a non-international all judicial guarantees
armed conflict, serious violations which are generally
of common Article 3 to the four (4) recognized as
Geneva Conventions of 12 August indispensable.
1949, namely , any of the following
acts committed against persons (c) Other serious violations of the
taking no active part in the laws and customs applicable in
hostilities, including member of the armed conflict, within the
armed forces who have laid down established framework of
their arms and those placed hors de international law, namely:
combat by sickness, wounds,
detention or any other cause; (1) Internationally directing
attacks against the civilian
(1) Violence to life and population as such or
person, in particular, willful against individual civilians
killings, mutilation, cruel not taking direct part in
treatment and torture; hostilities;
(2) Committing outrages (2) Intentionally directing
upon personal dignity, in attacks against civilian
particular, humiliating and objects, that is, object
degrading treatment; which are not military
objectives;
(3) Taking of hostages; and
(3) Intentionally directing
(4) The passing of attacks against buildings,
sentences and the carrying material, medical units and
out of executions without transport, and personnel
previous judgment using the distinctive
pronounced by a regularly emblems of the Geneva
constituted court, affording Conventions or Additional
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Protocol III in conformity
with intentional law;
(4) Intentionally directing
attacks against personnel,
installations, material, units
or vehicles involved in a
humanitarian assistance or
peacekeeping mission in
accordance with the Charter
of the United Nations, as
ling as they are entitled to
the protection given to
civilians or civilian objects
under the international law
of armed conflict;
(5) Launching an attack in
the knowledge that such
attack will cause incidental
loss of life or injury to
civilians or damage to
civilian objects or
widespread, long-term and
severe damage to the
natural environment which
would be excessive in
relation to the concrete and
direct military advantage
anticipated;
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(6) Launching an attack
against works or
installations containing
dangerous forces in the
knowledge that such attack
will cause excessive loss of
life, injury to civilians or
damage to civilian objects,
and causing death or serious
injury to body or health .
(7) Attacking or
bombarding, by whatever
means, towns, villages,
dwellings or buildings
which are undefended and
which are not military
objectives, or making non-
defended localities or
demilitarized zones the
object of attack;
(8) Killing or wounding a
person in the knowledge
that he/she is hors de
combat, including a building or place has been
combatant who, having laid
down his/her arms or no
longer having means of
defense, has surrendered at
discretion;
(9) Making improper use of
a flag of truce, of the flag or
the military insignia and
uniform of the enemy or of
the United Nations, as well
as of the distinctive
emblems of the Geneva
Conventions or other
protective signs under
International Humanitarian
Law, resulting in death,
serious personal injury or
capture;
(10) Intentionally directing
attacks against buildings
dedicated to religion,
education, art, science or
charitable purposes, historic
monuments, hospitals and
places where the sick and
wounded are collected,
provided they are not
military objectives. In case
of doubt whether such
used to make an effective
contribution to military
action, it shall be presumed
not to be so used;
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(11) Subjecting persons
who are in the power of an
adverse party to physical
mutilation or to medical or
scientific experiments of
any kind, or to removal of
tissue or organs for
transplantation, which are
neither justified by the
medical, dental or hospital
treatment of the person
concerned nor carried out in
his/her interest, and which
cause death to or seriously
endanger the health of such
person or persons;
(12) Killing, wounding or
capturing an adversary by
resort to perfidy;
(13) Declaring that no
quarter will be given;
(14) Destroying or seizing
the enemy's property unless
such destruction or seizure
is imperatively demanded
by the necessities of war;
Averell B. Abrasaldo – I-Estrellado
(15) Pillaging a town or
place, even when taken by
assault;
(16) Ordering the
displacements of the
civilian population for
reasons related to the
conflict, unless the security
of the civilians involved or
imperative military reasons
so demand;
(17) Transferring, directly
or indirectly, by the
occupying power of parts of
its own civilian population
into the territory it
occupies, or the deportation
or transfer of all or parts of
the population of the
occupied territory within or
outside this territory;
(18) Commiting outrages
upon personal dignity, in
particular, humiliating and
degrading treatments;
(19) Commiting rape,
sexual slavery, enforced
prostitution, forced
pregnancy, enforced
sterilization, or any other
form of sexual violence also
constituting a grave breach
of the Geneva Conventions
or a serious violation of
common Article 3 to the
Geneva Convensions;
(20) Utilizing the presence
of a civilian or other
protected person to render
certain points, areas or
military forces immune
from military operations;
(21) Intentionally using
starvation of civilians as a
method of warfare by
depriving them of objects
indespensable to their
survival, including willfully
impeding relief supplies as
provided for under the
Geneva Conventions and
their Additional Protocols;
(22) In an international
armed conflict, compelling
the nationals of the hostile
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party to take part in the eighteen (18) years with hard envelopes
operations of war directed into an armed force which do not
against their own country, or group other than entirely cover the
even if they were in the the national armed core or are pierced
belligerent's service before forces; and with incisions; and
the commencement of the
war; (iii) Using children (iv) Weapons,
under the age of projectiles and
(23) In an international eighteen (18) years material and
armed conflict, declaring to participate methods of warfare
abolished, suspended or actively in which are of the
inadmissible in a court of hostilities; and nature to cause
law the rights and actions of superfluous injury
the nationals of the hostile (25) Employing means of or unecessary
party; warfare which are suffering or which
prohibited under are inherently
(24) Commiting any of the international law, such as: indiscriminate in
following acts: violation of the
(i) Poison or international law of
(i) Conscripting, poisoned weapons; armed conflict.
enlisting or
recruiting children (ii) Asphyxiating, Any person found guilty of
under the age of poisonous or other commiting any of the acts specified
fifteen (15) years gases, and all herein shall suffer the penalty
into the national analogous liquids, provided under Section 7 of this
armed forces; materials or devices; Act.

(ii) Conscripting, (iii) Bullets which Section 5. Genocide - (a) For the purpose
enlisting or expand or flatten of this Act, "genocide" means any of the
recruiting children easily in the human following acts with intent to destroy, in
under the age of body, such as bullets whole or in part, a national, ethnic, racial,

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE ONE
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religious, social or any other similar stable
and permanent group as such:
(1) Killing members of the
group;
(2) Causing serious bodily
or mental harm to members
of the group;
(3) Deliberately inflicting
on the group conditions of
life calculated to bring
about its physical
destruction in whole or in
part;
(4) Imposing measures
intended to prevent births
within the group; and
(5) Forcibly transferring
children of the group to
another group.
(b) It shall be unlawful for any
person to directly and publicly
incite others to commit genocide.
Any person found guilty of committing
any of the acts specified in paragraphs (a)
Averell B. Abrasaldo – I-Estrellado
and (b) of this section shall suffer the
penalty provided under Section 7 of this
Act.
Section 6. Other Crimes Against
Humanity. - For the purpose of this act,
"other crimes against humanity" means
any of the following acts when committed
as part of a widespread or systematic
attack directed against any civilian
population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation
forcible transfer of population;
(e) Imprisonment or other severe
deprivation of physical liberty in
violation of fundamental rules of
international law;
(f) Torture;
(g) Rape, sexual slavery, enforced
prostitution, forced pregnancy,
enforced sterilization, or any other
form of sexual violence of
comparable gravity;
(h) Persecution against any
identifiable group or collectivity on
political, racial, national, ethnic,
cultural, religious, gender, sexual
orientation or other grounds that
are universally recognized as
impermissible under international
law, in connection with any act
referred to in this paragraph or any
crime defined in this Act;
(i) Enforced or involuntary
disappearance of persons;
(j) Apartheid; and
or
(k) Other inhumane acts of a
similar character intentionally
causing great suffering, or serious
injury to body or to mental or
physical health.
Any person found guilty of committing
any of the acts specified herein shall suffer
the penalty provided under Section 7 of
this Act.
Criminal Law – TITLE ONE
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CHAPTER IV In addition, the court shall order the (2) Orders, solicits or
PENAL PROVISIONS forfeiture of proceeds, property and assets induces the commission of
derived, directly or indirectly, from that such a crime which in fact
Section 7. Penalties. - Any person found crime, without prejudice to the rights of occurs or is attempted;
guilty of committing any of the acts bona fide third (3rd) parties. The court
provided under Sections 4, 5 and 6 of this shall also impose the corresponding (3) In any other way
Act shall suffer the penalty of reclusion accessory penalties under the Revised contributes to the
temporal in its medium to maximum Penal Code, especially where the offender commission or attempted
period and a fine ranging from One is a public officer. commission of such a crime
hundred thousand pesos (Php 100,000.00) by a group of person acting
to Five hundred thousand pesos (Php CHAPTER V with a common purpose.
500,000.00). SOME PRINCIPLES OF CRIMINAL Such contribution shall be
LIABILITY intentional and shall either:
When justified by the extreme gravity of
the crime, especially where the commision Section 8. Individual Criminal (i) be made with the
of any of the crimes specified herein Responsibilities. - (a) In addition to aim of furthering the
results in death or serious physical injury, existing provisions in Philippine law on criminal activity or
or constitutes rape, and considering the principles of criminal responsibility, a criminal purpose of
individual circumstances of the accused, person shall be criminally liable as the group, where
the penalty of reclusion perpetua and a fine principal for a crime defined and penalized such activity or
ranging from Five hundred thousand pesos in this Act if he/she: purpose involves the
(Php 500,000.00) to One million pesos commission of a
(Php 1,000,000.00) shall be imposed. (1) Commits such a crime, crime defined in this
whether as an individual, Act; or
Any person found guilty of inciting others jointly with another or
to commit genocide referred to in Section through another person, (ii) be made in the
5(b) of this Act shall suffer the penalty of regardless of whether that knowledge of the
prision mayor in its minimum period and a other person is criminally intention of the
fine ranging from Ten thousand pesos (Php responsible; group to commit the
10,000.00) to Twenty thousand pesos (Php crime.
20,000.00).

Averell B. Abrasaldo – I-Estrellado

Criminal Law – TITLE ONE
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(b) A person shall be criminally
liable as accomplice for facilitating
the commission of a crime defined
and penalized in this Act if he/she
aids, abets or otherwise assists in
its commission or attempted
commission, including providing
the means for its commission.
(c) A person shall be criminally
liable for a crime defined and
penalized in this Act if he/she
attempts to commit such a crime by
taking action that commences its
execution by means of a substantial
step, but the crime does not occur
because of circumstances
independent of the person's
intention. However, a person who
abandons the effort to commit the
crime or otherwise prevents the
completion of the crime shall not
be liable for punishment under this
Act for the attempt to commit the
same if he/she completely and
voluntarily gave up the criminal
purpose.
Section 9. Irrelevance of Official
Capacity. - This Act shall apply equally to
all persons without any distinction based
Averell B. Abrasaldo – I-Estrellado
on official capacity. In particular, official
capacity as a head of state or government,
a member of a government or parliament,
an elected representative or a government
official shall in no case exempt a person
from criminal responsibility under this
Act, nor shall it, in and of itself, constitute
a ground for reduction of sentence.
However:
(a) Immunities or special
procedural rules that may be
attached to the official capacity of a
person under Philippine law other
than the established constitutional
immunity from suit of the
Philippine President during his/her
tenure, shall not bar the court from
exercising jurisdiction over such a
person; and
(b) Immunities that may be
attached to the official capacity of a
person under international law may
limit the application of this Act, nut
only within the bounds established
under international law.
Section 10. Responsibility of Superiors. -
In addition to other grounds of criminal
responsibility for crimes defined and
penalized under this Act, a superior shall
be criminally responsible as a principal for
such crimes committed by subordinates
under his/her effective command and
control, or effective authority and control
as the case may be, as a result of his/her
failure to properly exercise control over
such subordinates, where:
(a) That superior either knew or,
owing to the circumstances at the
time, should have known that the
subordinates were committing or
about to commit such crimes;
(b) That superior failed to take all
necessary and reasonable measures
within his/her power to prevent or
repress their commission or to
submit the matter to the competent
authorities for investigation and
prosecution.
Section 11. Non-prescription.  - The
crimes defined and penalized under this
Act, their prosecution, and the execution of
sentences imposed on their account, shall
not be subject to any prescription.
Section 12. Orders from a Superior. - The
fact that a crime defined and penalized
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under this Act has been committed by a
person pursuant to an order of a
government or a superior, whether military
or civilian, shall not relieve that person of
criminal responsibility unless all of the
following elements occur:
(a) The person was under a legal
obligation to obey orders of the
government or the superior in
question;
(b) The person did not know that
the order was unlawful; and
(c) The order was not manifestly
unlawful.
For the purposes of this section, orders to
commit genocide or other crimes against
humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and
Witnesses. - In addition to existing
provisions in Philippine law for the
protection of victims and witnesses, the
following measures shall be undertaken:
Averell B. Abrasaldo – I-Estrellado
(a) The Philippine court shall take
appropriate measures to protect the
safety, physical and physiological
well-being, dignity and privacy of
victims and witnesses. In so doing,
the court shall have regard of all
relevant factors, including age,
gender and health, and the nature
of the crime, in particular, but not
limited to, where the crime
involves sexual or gender violence
or violence against children. The
prosecutor shall take such measures
particularly during the
investigation and prosecution of
such crimes. These measures shall
not be prejudicial to or inconsistent
with the rights of the accused and
to a fair and impartial trial;
(b) As an exception to the general
principle of public hearings, the
court may, to protect the victims
and witnesses or an accused,
conduct any part of the proceedings
in camera or allow the presentation
of evidence by electronic or other
special means. In particular, such
measures shall be implemented in
the case of the victim of sexual
violence or a child who is a victim
or is a witness, unless otherwise
ordered by the court, having regard
to all the circumstances,
particularly the views of the victim
or witness;
(c) Where the personal interests of
the victims are affected, the court
shall permit their views and
concerns to be presented and
considered at stages of the
proceedings determined to be
appropriate by the court in manner
which is not prejudicial to or
inconsistent with the rights of the
accused and a fair and impartial
trial. Such views and concerns may
be presented by the legal
representatives of the victims
where the court considers it
appropriate in accordance with the
established rules of procedure and
evidence; and
(d) Where the disclosure of
evidence or information pursuant to
this Act may lead to the grave
endangerment of the security of a
witness for his/her family, the
prosecution may, for the purposes
of any proceedings conducted prior
Criminal Law – TITLE ONE
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to the commencement of the trial,
withhold such evidence or
information and instead submit a
summary thereof. Such measures
shall be exercised in a manner
which is not prejudicial to or
inconsistent with the rights of the
accused and to a fair and impartial
trial.
Section 14. Reparations to Victims. - In
addition to existing provisions in
Philippine law and procedural rules for
reparations to victims, the following
measures shall be undertaken:
(a) The court shall follow the
principles relating to the
reparations to, or in respect of,
victims,including restitution,
compensation and rehabilitation.
On this basis, in its decision, the
court may, wither upon request or
on its own motion in exceptional
circumstances, determine the scope
and extent of any damage, loss and
injury to, or in respect of, victims
and state the principles on which it
is acting;1avvphi1
Averell B. Abrasaldo – I-Estrellado
(b) The court may make an order
directly against a convicted person
specifying appropriate reparations
to, or in respect of, victims,
including restitution, compensation
and rehabilitation; and
(c) Before making an order under
this section, the court may invite
and shall take account of
representations from or on behalf
of the convicted person, victims or
other interested persons.
Nothing in this section shall be interpreted
as prejudicing the rights of victims under
national or international law.
CHAPTER VII
Applicability of International Law and
Other Laws
Section 15. Applicability of International
Law.- In the application and interpretation
of this Act, Philippine courts shall be
guided by the following sources:
(a) The 1948 Genocide
Convention;
(b) The 1949 Genava Conventions
I-IV, their 1977 Additional
Protocols I and II and their 2005
Additional Protocol III;
(c) The 1954 Hague Convention for
the Protection of Cultural Property
in the Event of Armed Conflict, its
First Protocol and its 1999 Second
Protocol;
(d) The 1989 Convention on the
Rights of the Child and its 2000
Optional Protocol on the
Involvement of Children in Armed
Conflict;
(e) The rules and principles of
customary international law;
(f) The judicial decisions of
international courts and tribunals;
(g) Relevant and applicable
international human rights
instruments;
(h) Other relevant international
treaties and conventions ratified or
acceded to by the Republic of the
Philippines; and
Criminal Law – TITLE ONE
Special Laws
(i) Teachings of the most highly
qualified publicists and
authoritative commentaries on the
foregoing sources as subsidiary
means for the determination of
rules of international law.
Section 16. Suppletory Application of the
Revised Penal Code and Other General or
Special Laws.  - The provisions of the
Revised Penal Code and other general or
special laws shall have a suppletory
application to the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall
exercise jurisdiction over persons, whether
military or civilian, suspected or accused
of a crime defined and penalized in this
Act, regardless of where the crime is
committed, provided, any one of the
following conditions is met:
(a) The accused is a Filipino
citizen;
(b) The accused, regardless of
citizenship or residence, is present
in the Philippines; or
Averell B. Abrasaldo – I-Estrellado
(c) The accused has committed the
said crime against a Filipino
citizen.
In the interest of justice, the relevant
Philippine authorities may dispense with
the investigation or prosecution of a crime
punishable under this Act if another court
or international tribunal is already
conducting the investigation or
undertaking the prosecution of such crime.
Instead, the authorities may surrender or
extradite suspected or accused persons in
the Philippines to the appropriate
international court, if any, or to another
State pursuant to the applicable extradition
laws and treaties.
No criminal proceedings shall be initiated
against foreign nationals suspected or
accused of having committed the crimes
defined and penalized in this Act if they
have been tried by a competent court
outside the Philippines in respect of the
same offense and acquitted, or having been
convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors
and Investigators. - The Regional Trial
Court of the Philippines shall have original
and exclusive jurisdiction over the crimes
punishable under this Act. Their judgments
may be appealed or elevated to the Court
of Appeals and to the Supreme Court as
provided by law.
The Supreme Court shall designate special
courts to try cases involving crimes
punishable under this Act. For these cases,
the Commission on Human Rights, the
Department of Justice, the Philippine
National Police or other concerned law
enforcement agencies shall designate
prosecutors or investigators as the case
may be.
The State shall ensure that judges,
prosecutors and investigators, especially
those designated for purposes of this Act,
receive effective training in human rights,
International Humanitarian Law and
International Criminal Law.