EXECUTIVE ORDER NO.

163

DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ON

HUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING
GUIDELINES FOR THE OPERATION THEREOF, AND FOR OTHER PURPOSES

WHEREAS, the 1987 Constitution has been ratified by the people;

WHEREAS, the 1987 Constitution has created an independent office called the
Commission on Human Rights; and

WHEREAS, there is an urgent necessity to constitute the Commission on Human Rights

to give effect to the State policy that “the State values the dignity of every human person
and guarantees full respect for human rights.”

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby order:

SECTION 1. The Commission on Human Rights as provided for under Article XIII of the
1987 Constitution is hereby declared to be now in existence.

SECTION 2. (a) The Commission on Human Rights shall be composed of a Chairman

and four Members who must be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty five years of age and must not have been candidates
for any elective position in the elections immediately preceding their appointment.
However, a majority thereof shall be members of the Philippine Bar.

(b) The Chairman and the Members of the Commission on Human Rights shall not,
during their tenure, hold any other office or employment. Neither shall they engage in
the practice of any profession or in the active management or control of any business
which in any way be affected by the functions of their office, nor shall be financially
interested, directly or indirectly, in any contract with, or in any franchise or privilege
granted by the government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.

(c) The Chairman and the Members of the Commission on Human Rights shall be
appointed by the President for a term of seven years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.

(d) The Chairman and the Members of the Commission on Human Rights shall receive
the same salary as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of office.

SECTION 3. The Commission of Human Rights shall have the following powers and
functions:

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(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court.

(3) Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged whose human rights have been
violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detentions facilities;

(5) Establish a continuing program of research, education, and information to enhance

respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations
on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 4. The Presidential Committee on Human Rights, created under Executive

Order No. 8 dated March 18, 1986, as modified, is hereby abolished. The Commission
on Human Rights shall exercise such functions and powers of the Presidential
Committee on Human Rights under Executive Order No. 8, as modified, which are not
inconsistent with the provisions of the 1987 Constitution.

The unexpended appropriations of the Presidential Committee on Human Rights are

hereby transferred to the Commission on Human Rights. All properties, records,
equipment, buildings, facilities and other assets of the Presidential Committee on
Human Rights shall be transferred to the Commission on Human Rights.

The Commission on Human Rights may retain such personnel of the Presidential
Committee on Human Rights as may be necessary in the fulfillment of its powers and

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functions. Any public officer or employee separated from service as a result of the
abolition of the Presidential Committee on Human Rights effected under this Executive
Order shall receive the benefits to which they may be entitled under existing laws, rules
and regulations.

SECTION 5. The approved annual appropriations of the Commission on Human Rights

shall be automatically and regularly released.

SECTION 6. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.

SECTION 7. This Executive Order shall take effect immediately.

EXECUTIVE ORDER NO. 27

EDUCATION TO MAXIMIZE RESPECT FOR HUMAN RIGHTS

WHEREAS, the past regime was characterized by numerous violations of human rights;

WHEREAS, to gain greater respect for human rights and to deter violations thereof,
there is an urgent need to educate the people about these rights, the serious
consequences of, , and the avenues of redress from violations thereof;

WHEREAS, the Presidential Committee on Human Rights, primarily tasked to assist the
President in the discharge of her duty to respect and foster human rights, has
recommended that the system of formal and informal education be utilized for the
aforesaid purposes;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby

order:

1. The Ministry of Education, Culture and Sports shall include the study and
understanding of human rights in the curricula of all levels of education and training in
all schools in the country, adapting the scope and treatment of the subjects or courses
on human rights to the respective educational levels. It shall likewise initiate and
maintain regular programs and special projects to provide venues for information and
discussion of human rights including the utilization of informal education and other
means to stress the importance of respect therefor.

2. The Civil Service Commission shall include in the qualifying examinations for
government service basic knowledge on human rights.

3. In the formulation and creation of courses or subjects on human rights to be included

in the school curriculum or other educational or training programs to implement and

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carry out the directives herein including the writing, printing and publication of textbooks
and other reading materials relative thereto, the ministry or agencies concerned shall
consult and coordinate with the Presidential Committee on Human Rights and shall at
all times emphasize the following principles on human rights, and the laws and rules
governing the same, to wit:

a) All persons are born with human dignity and inherent rights. No one losses his dignity
and these rights regardless of what he or she may have done and no matter what his or
her political convictions may be.

b) Torture, other cruel and degrading treatment or punishment, unexplained or forced

disappearances and extra-legal executions (salvaging) are crimes, punishable by
Philippine laws under any and all circumstances

c) Anyone may, by himself or on behalf of a person arrested or detained, question the

legality of the arrest and detention before the appropriate court.

d) The Bill of Rights as adopted in toto in the Provisional Constitution under

Proclamation No. 3 dated March 25, 1986 or in the New Constitution when ratified,
including the jurisprudential ramifications thereof.

e) Prisoners shall be treated with humanity. Juvenile prisoners shall be kept, if the jail
will admit of it, in apartments separate from those containing prisoners of more than
eighteen years of age; and the different sexes shall be kept apart. The visits of parents
and friends who desire to exert a moral influence over prisoners shall at all reasonable
times be permitted under proper regulations.

f) Convicted prisoners may be assigned to work suitable to their age, sex and physical
condition.

g) Articles 124 to 131, 235, 245, 267 to 269 of the Revised Penal Code.

h) Republic Act No. 857.

i) Rules 113 and 126 of the 1985 Rules on Criminal Procedure.

j) The Rules for the Treatment of Prisoners as adopted by the Department (now
Ministry) of Justice on January 7, 1959; the Ministry of Justice Manual on the general
rules, policies and operations principles adhered to in the prison service.

4. If found appropriate and practicable by the Ministry of Education, Culture and Sports,
after considering the needs and capabilities of the students in the different educational
levels, subjects or courses dealing with international conventions, agreements,
declarations or covenants on human rights which were ratified by the Philippines or to
which it is a signatory, shall be included in the curricula.

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5. This Order shall be initially implemented within the framework of the budget of the
MECS for 1986. As far as practicable, the funds required therefor shall be drawn from
its appropriations for policy formulation, program planning, standard development and
instructional materials developments.

The Ministry of Budget and Management, after consultation with the MECS, shall
recommend to the President for her approval the necessary changes or modifications in
the expenditure items in the 1986 budget of the MECS to accommodate the
expenditures to be incurred in the implementation hereof.

Subsequent expenditures in the implementation hereof for the succeeding years shall
be accordingly incorporated in the annual budget of the MECS.

6. This Executive Order shall take effect immediately.

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or held in
custody of any person in authority or, agent of a person authority shall be subjected to
physical, psychological or mental harm, force, violence, threat or intimidation or any act that
impairs his/her free wi11 or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various international
instruments to which the Philippines is a State party such as, but not limited to, the
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.

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Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third
person information or a confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or Buffering arising only
from, inherent in or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against a person under his/her
custody, which attains a level of severity causing suffering, gross humiliation or debasement
to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a
result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or
any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as legitimate
targets as combatants that it could deal with, through the use of means allowed by domestic
and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or

agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or

rifle butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

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 (7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or
will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental

competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent

of a person in authority which are calculated to affect or confuse the mind and/or undermine
a person's dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or
any third party;

(9) Denial of sleep/rest;

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 (10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her
will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman
or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment
not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or punishment,
its physical and mental effects and, in some cases, the sex, religion, age and state of health of the
victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war,
internal political instability, or any other public emergency, or a document or any determination
comprising an "order of battle" shall not and can never be invoked as a justification for torture and
other cruel, inhuman and degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or

other similar forms of detention, where torture may be carried out with impunity. Are hereby
prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement. agencies concerned shall make an updated list of all detention centers and
facilities under their respective jurisdictions with the corresponding data on the prisoners or
detainees incarcerated or detained therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed. This list shall be made available to the public at
all times, with a copy of the complete list available at the respective national headquarters of the
PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP and all other
law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every
regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list
far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy.
updated in the same manner provided above, to the respective regional offices of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or

statement obtained as a result of torture shall be inadmissible in evidence in any proceedings,
except if the same is used as evidence against a person or persons accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of
torture shall have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public Attorney's Office

8
 (PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt
investigation shall mean a maximum period of sixty (60) working days from the time a
complaint for torture is filed within which an investigation report and/or resolution shall be
completed and made available. An appeal whenever available shall be resolved within the
same period prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said complaint or the presentation of evidence
therefor. In which case, the State through its appropriate agencies shall afford security in
order to ensure his/her safety and all other persons involved in the investigation and
prosecution such as, but not limited to, his/her lawyer, witnesses and relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents
evidence in any fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously and any order of release by virtue
thereof, or other appropriate order of a court relative thereto, shall be executed or complied with
immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance
in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and
other cruel, inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights
Action Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations
(NGOs).

Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after
interrogation, every person arrested, detained or under custodial investigation shall have the right to
he informed of his/her right to demand physical examination by an independent and competent
doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she
shall he provided by the State with a competent and independent doctor to conduct physical
examination. The State shall endeavor to provide the victim with psychological evaluation if available
under the circumstances. If the person arrested is a female, she shall be attended to preferably by a
female doctor. Furthermore, any person arrested, detained or under custodial investigation, including
his/her immediate family, shall have the right to immediate access to proper and adequate medical
treatment. The physical examination and/or psychological evaluation of the victim shall be contained
in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such
report shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological
and mental examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

9
 (c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
trauma;

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were
sustained;

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and
voluntarily waive such rights in writing, executed in the presence and assistance of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in
the commission of torture or other cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an
order to any lower ranking personnel to commit torture for whatever purpose shall be held equally
liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime
of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission,
or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or,
owing to the circumstances at the time, should have known that acts of torture or other cruel,
inhuman and degrading treatment or punishment shall be committed, is being committed, or has
been committed by his/her subordinates or by others within his/her area of responsibility and,
despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations
of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due to negligence shall also be liable as
principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part subsequent to its commission in
any of the following manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act
of torture or other cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its

10
 discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the
act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That
the accessory acts are done with the abuse of the official's public functions.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the
perpetrators of the following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the
victim shall have become insane, imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of
torture resulting in psychological, mental and emotional harm other than those described 1n
paragraph (b) of this section. '

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear
or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the
use of any such member; Or shall have become permanently incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of
his/her body other than those aforecited, or shall have lost the use thereof, or shall have
been ill or incapacitated for labor for a period of more than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum
period shall be imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be imposed if,
in consequence of torture, the victim shall have been ill or incapacitated for labor for thirty
(30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed upon those who establish, operate
and maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of this
Act where torture may be carried out with impunity.

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 (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel
of the AFP, the PNP and other law enforcement agencies for failure to perform his/her duty
to maintain, submit or make available to the public an updated list of detention centers and
facilities with the corresponding data on the prisoners or detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or
shall not be absorbed by any other crime or felony committed as a consequence, or as a means in
the conduct or commission thereof. In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable without prejudice to any other criminal
liability provided for by domestic and international laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the
crime of torture, persons who have committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of exempting them from any criminal
proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another

State where there are substantial grounds to believe that such person shall be in danger of being
subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of
the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the
Chairperson of the CHR, shall take into account all relevant considerations including, where
applicable and not limited to, the existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.

Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have
the right to claim for compensation as provided for under Republic Act No. 7309: Provided, That in
no case shall compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture
shall also have the right to claim for compensation from such other financial relief programs that may
be made available to him/her under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this
Act, the Department of Social Welfare and Development (DSWD), the DOJ and the Department of
Health (DOH) and such other concerned government agencies, and human rights organizations
shall formulate a comprehensive rehabilitation program for victims of torture and their families. The
DSWD, the DOJ and thc DOH shall also call on human rights nongovernment organizations duly
recognized by the government to actively participate in the formulation of such program that shall
provide for the physical, mental, social, psychological healing and development of victims of torture
and their families. Toward the attainment of restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel, inhuman and degrading punishment shall
likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to
periodically oversee the implementation of this Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as members: the Chairperson of the Senate
Committee on Justice and Human Rights, the respective Chairpersons of the House of
Representatives' Committees on Justice and Human Rights, and the Minority Leaders of both
houses or their respective representatives in the minority.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National
Defense (DND), the Department of the Interior and Local Government (DILG) and such other
concerned parties in both the public and private sectors shall ensure that education and information

12
regarding prohibition against torture and other cruel, inhuman and degrading treatment or
punishment shall be fully included in the training of law enforcement personnel, civil or military,
medical personnel, public officials and other persons who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education
(CHED) shall also ensure the integration of human rights education courses in all primary,
secondary and tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code
insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission of any
crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment or punishment as defined herein, the
penalty to be imposed shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby

appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active
participation of human rights nongovernmental organizations, shall promulgate the rules and
regulations for the effective implementation of tills Act. They shall also ensure the full dissemination
of such rules and regulations to all officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional,
the other provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

REPUBLIC ACT NO. 10368

AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS

VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I

PRELIMINARY PROVISIONS

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Section 1. Short Title. — This Act shall be known as the "Human Rights Victims Reparation and
Recognition Act of 2013″.

Section 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the Republic

of the Philippines declares that the State values the dignity of every human, person and guarantees
full respect for human rights. Pursuant to this declared policy, Section 12 of Article III of the
Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means
which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or
similar practices and their families.

By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of

international law as part of the law of the land, the Philippines adheres to international human rights
laws and conventions, the Universal Declaration of Human Rights, including the International
Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other
Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each State party the
obligation to enact domestic legislation to give effect to the rights recognized therein and to ensure
that any person whose rights or freedoms have been violated shall have an effective remedy, even if
the violation is committed by persons acting in an official capacity. In fact, the right to a remedy is
itself guaranteed under existing human rights treaties and/or customary international law, being
peremptory in character (jus cogens) and as such has been recognized as non-derogable.

Consistent with the foregoing, it is hereby declared the policy of the State to recognize the heroism
and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or
involuntary disappearance and other gross human rights violations committed during the regime of
former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25,
1986 and restore the victims’ honor and dignity. The State hereby acknowledges its moral and legal
obligation to recognize and/or provide reparation to said victims and/or their families for the deaths,
injuries, sufferings, deprivations and damages they suffered under the Marcos regime.

Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted upon
persons whose properties or businesses were forcibly taken over, sequestered or used, or those
whose professions were damaged and/or impaired, or those whose freedom of movement was
restricted, and/or such other victims of the violations of the Bill of Rights.

Section 3. Definition of Terms. — The following terms as used in this Act shall mean:

(a) Detention refers to the act of taking a person into custody against his will by persons
acting in an official capacity and/or agents of the State.

(b) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or
agents of the State, but shall not be limited to the following:

(1) Any search, arrest and/or detention without a valid search warrant or warrant of
arrest issued by a civilian court of law, including any warrantless arrest or detention
carried out pursuant to the declaration of Martial Law by former President Ferdinand
E. Marcos as well as any arrest., detention or deprivation of liberty carried out during
the covered period on the basis of an "Arrest, Search and Seizure Order (ASSO)", a
"Presidential Commitment Order {PCO)" or a "Preventive Detention Action (PDA)"
and such other similar executive issuances as defined by decrees of former
President Ferdinand E. Marcos, or in any manner that the arrest, detention or
deprivation, of liberty was effected;

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 (2) The infliction by a person acting in an official capacity and/or an agent of the
State of physical injury, torture, killing, or violation of other human rights, of any
person exercising civil or political rights, including but not limited to the freedom of
speech, assembly or organization; and/or the right to petition the government for
redress of grievances, even if such violation took place during or in the course of
what the authorities at the time deemed an illegal assembly or
demonstration: Provided, That torture in any form or under any circumstance shall be
considered a human rights violation;

(3) Any enforced or involuntary disappearance caused upon a person who was
arrested, detained or abducted against one’s will or otherwise deprived of one’s
liberty, as defined in Republic Act No. 103501, otherwise known as the "Anti-Enforced
or Involuntary Disappearance Act of 2012″;

(4) Any force or intimidation causing the involuntary exile of a person from the
Philippines;

(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a
business, confiscation of property, detention of owner/s and or their families,
deprivation of livelihood of a person by agents of the State, including those caused
by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate relatives by
consanguinity or affinity, as well as those persons considered as among their close
relatives, associates, cronies and subordinates under Executive Order No. 1, issued
on February 28, 1986 by then President Corazon C. Aquino in the exercise of her
legislative powers under the Freedom Constitution;

(6) Any act or series of acts causing, committing and/or conducting the following:

(i) Kidnapping or otherwise exploiting children of persons suspected of

committing acts against the Marcos regime;

(ii) Committing sexual offenses against human rights victims who are
detained and/or in the course of conducting military and/or police operations;
and

(iii) Other violations and/or abuses similar or analogous to the above,

including those recognized by international law.

(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the State as defined herein.
In order to qualify for reparation under this Act, the human rights violation must have been
committed during the period from September 21, 1972 to February 25, 1986: Provided,
however, That victims of human rights violations that were committed one (1) month before
September 21, 1972 and one (1) month after February 25, 1986 shall be entitled to
reparation, under this Act if they can establish that the violation was committed:

(1) By agents of the State and/or persons acting in an official capacity as defined
hereunder;

(2) For the purpose of preserving, maintaining, supporting or promoting the said
regime; or

15
 (3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.

(d) Persons Acting in an Official Capacity and/or Agents of the State.—The following persons
shall be deemed persons acting in an official capacity and/or agents of the State under this
Act:

(1) Any member of the former Philippine Constabulary (PC), the former Integrated
National Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian
Home Defense Force (CHDF) from September 21, 1972 to February 25, 1986 as
well as any civilian agent attached thereto; and any member of a paramilitary group
even if one is not organically part of the PC, the INP, the AFP or the CHDF so long
as it is shown that the group was organized, funded, supplied with equipment,
facilities and/or resources, and/or indoctrinated, controlled and/or supervised by any
person acting in an official capacity and/or agent of the State as herein defined;

(2) Any member of the civil service, including persons who held elective or appointive
public office at any time from September 21, 1972 to February 25, 1986;

(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the
Presidential Commission on Good Government (PCGG), issued on February 28,
1986 and related laws by then President Corazon C. Aquino in the exercise of her
legislative powers under the Freedom Constitution, including former President
Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate relatives by
consanguinity or affinity, as well as their close relatives, associates, cronies and
subordinates; and

(4) Any person or group/s of persons acting with the authorization, support or
acquiescence of the State during the Marcos regime.

(e) Torture refers to any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on any person under the custody of persons acting in an official
capacity and/or agents of the State, as defined by law, jurisprudence, international
conventions and Republic Act No. 9745, otherwise known as the "Anti-Torture Act of 2009″.

Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or
involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the Philippines, or
such other person named by the executor or administrator of the deceased or involuntary
disappeared HRVV’s estate in that order, shall be entitled to receive such reparation: Provided,
further, That no special power of attorney shall be recognized in the actual disbursement of the
award, and only the victim or the aforestated successor(s)-in-interest shall be entitled to personally
receive said reparation form the Board, unless the victim involved is shown to be incapacitated to the
satisfaction of the Board: Provided, furthermore, That the reparation received under this Act shall be
without prejudice to the receipt of any other sum by the HRVV from any other person or entity in any
case involving violations of human rights as defined in this Act.

Section 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social
Welfare and Development (DSWD), the Department of Education (DepED), the Commission on
Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and
such other government agencies shall render the necessary services as nonmonetary reparation for
HRVVs and/or their families, as may be determined by the Board pursuant to the provisions of this

16
Act. The amount necessary for this purpose shall be sourced from the budget of the agency
concerned in the annual General Appropriations Act (GAA).

Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion
to the gravity of the human rights violation committed on the HRVV and in accordance with the
number of points assigned to the individual under Section 19 hereof.

Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus
accrued interest which form part of the funds transferred to the government of the Republic of the
Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court,
adjudged by the Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor
of the Republic of the Philippines, shall be the principal source funds for the implementation of this
Act.

CHAPTER II

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

Section 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is
hereby created an independent and quasi-judicial body to be known as the Human Rights Victims’
Claims Board, hereinafter referred to as the Board. It shall be composed of nine (9) members, who
shall possess the following qualifications:

(a) Must be of known probity, competence and integrity;

(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of former
President Ferdinand E. Marcos;

(c) At least three (3) of them must be members of the Philippine Bar who have been
engaged in the practice of law for at least ten (10) years; and

(d) Must have a clear and adequate understanding and commitment to human rights
protection, promotion and advocacy.

The Human Rights Victims’ Claims Board shall be attached to but shall not be under the
Commission on Human Rights (CHR).

The Board shall organize itself within thirty (30) days from the completion of appointment of all nine
(9) members and shall thereafter organize its Secretariat.

Section 9. Appointment to the Board. — The President shall appoint the Chairperson and the other
eight (8) members of the Board: Provided, That human rights organizations such as, but not limited
to, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG),
the Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the Families of
Victims of Involuntary Disappearance (FIND) and the Samahan ng mga Ex-Detainees Laban sa
Detensyon at Aresto (SELDA) may submit nominations to the President.

Section 10. Powers and Functions of the Board. — The Board shall have the following powers and
functions:

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 (a) Receive, evaluate, process and investigate applications for claims under this Act;

(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;

(c) Conduct independent administrative proceedings and resolve disputes over claims;

(d) Approve with finality all eligible claims under this Act;

(e) Deputize appropriate government agencies to assist it in order to effectively perform its
functions;

(f) Promulgate such rules as may be necessary to carry out the purposes of this Act,
including rules of procedure in the conduct of its proceedings, with the Revised Rules of
Court of the Philippines having suppletory application;

(g) Exercise administrative control and supervision over its Secretariat;

(h) The Board, at its discretion, may consult the human rights organizations mentioned in
Section 9 herein; and

(i) Perform such other duties, functions and responsibilities as may be necessary to
effectively attain the objectives of this Act.

Section 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which
shall function simultaneously and independently of each other in the resolution of claims for
reparation. Each division shall be composed of one (1) Chairperson, who shall be a member of the
Philippine Bar and two (2) members to be appointed by the Board en banc.

Section 12. Emoluments. — The Chairperson and members of the Board shall have the rank,
salary, emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the
Court of Appeals, respectively.

Section 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may
come from the existing personnel of the CHR, without prejudice to the hiring of additional personnel
as determined by the Board to accommodate the volume of required work. The following shall be the
functions of the Secretariat:

(a) Receive, evaluate, process and investigate applications for claims under this Act;

(b) Recommend to the Board the approval of applications for claims;

(c) Assist the Board in technical functions; and

(d) Perform other duties that may be assigned by the Board.

The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for the
duration of the existence of the Board. There shall be a Technical Staff Head assisted by five (5)
Legal Officers and three (3) Paralegal Officers; and an Administrative Staff Head assisted by three
(3) Administrative Support Staff.

18
When necessary, the Board may hire additional contractual employees or contract a service provider
to provide services of counselors, psychologists, social workers and public education specialists,
among others, to augment the services of the Secretariat: Provided, That the maximum contract
amount per year shall not exceed more than fifteen percent (15%) of the total annual operating
budget of the Board.

Section 14. Operating Budget of the Board.— The operating budget of the Board shall be funded
from the Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00) as its
initial operating budget: Provided, That it shall not exceed Fifty million pesos (P50,000,000.00) a
year

Section 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or those
which may become available as reparation for HRVVs are properly disbursed in accordance with the
policies stated by Congress and relevant government rules, regulations and accounting procedures.

CHAPTER III

CLAIMANTS, REPARATION AND RECOGNITION

Section 16. Claimants. — Any person who is an HRVV may file a claim with the Board for reparation
and/or recognition in accordance with the provisions of this Act.

Section 17. Conclusive Presumption That One is an HRVV Under This Act. — The claimants in the
class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand
E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii
wherein a favorable judgment has been rendered, shall be extended the conclusive presumption that
they are HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation
shall also be accorded the same conclusive presumption: Provided, further, That nothing herein shall
be construed to deprive the Board of its original jurisdiction and its inherent power to determine the
extent of the human rights violations and the corresponding reparation and/or recognition that may
be granted.

Section 18. Motu Proprio Recognition. — The Board may take judicial notice motu proprio of
individual persons who suffered human rights violations as defined herein and grant such persons
recognition as HRVVs and included in the Roll of Victims as provided for in Section 26 hereof.

Section 19. Determination of Award. — (a) The Board shall follow the point system in the
determination of the award. The range shall be one (1) to ten (10) points, as follows:

(1) Victims who died or who disappeared and are still missing shall be given ten (10) points;

(2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine
(9) points:

(3) Victims who were detained shall be given three (3) to five (5) points; and

(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6)
under this Act shall be given one (1) to two (2) points.

The Board shall exercise its powers with due discretion in the determination of points for each victim,
which shall be based on the type of violation committed against the HRVV, frequently and duration

19
of the violation. In each category, HRVVs who had suffered more would receive more points. In
instances where a victim is classified in more than one category, one shall be awarded the points in
the higher category: Provided, That in cases where there are several eligible claims filed for
reparation by or on behalf of a particular HRVV, the Board shall award only one (1) valid claim which
corresponds to the category obtaining the highest number of points for each eligible claimant.

(b) The Board shall proceed to determine the award for each claimant classified under Sections 16,
17 and 18 of this Act.

(c) The Board shall then compute the final monetary value of one’s award that is equivalent to the
numerical value of one point multiplied by the number of points that a claimant is entitled to, as
previously determined by the Board.

(d) Within thirty (30) days after the Board has approved with finality each eligible claim pending
before it and after due publication of such legitimate claim, the award of monetary compensation
shall take effect: Provided., That any pending appeal filed by an aggrieved claimant or opposite
before the Board en banc must resolved by it sixty (60) days before the Board becomes functus
officio.

CHAPTER IV

GENERAL- PROVISIONS

Section 20. Transfer of Funds. — Pursuant to the judgment mentioned in Section 7 hereof, the
amount of Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set aside
and appropriated to fund the purposes of this Act.

Section 21. Documentation of Human — Rights Violations Committed by the Marcos Regime. — In
the implementation of this Act and without prejudice to any other documentary or other evidence that
may be required for the award of any reparation, any HRVV seeking reparation shall execute a
detailed sworn statement narrating the circumstances of the pertinent human rights violation/s
committed.

Section 22. Publication. — Consistent with Section 23 herein, the Board, after having been duly
convened, shall set the period for the commencement and termination of applications by HRVVs and
cause the publication of the same: Provided, That such period shall only become operative fifteen
(15) days after its last publication, which shall be once a week for three (3) consecutive weeks in at
least two (2) national newspapers of general circulation.

Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation
with the Board within six (6) months from the effectivity of the implementing rules and regulations
(IRR) of this Act: Provided, That failure to file an application within said period is deemed a waiver of
the right to file the same: Provided, further, That for HRVVs who are deceased, incapacitated, or
missing due to enforced disappearance, their legal heir/s or representatives, shall be entitled to file
an application for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if
such is filed within fifteen (15) days from the date of the last publication of the official list of eligible
claimants as may be determined by the Board. The Board shall cause the publication of the official
list of eligible claimants once a week for three (3) consecutive weeks in at least two (2) national
newspapers of general circulation.

20
Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten (10)
calendar days from the receipt of the Resolution of the Division, to the Board en banc, whose
decision shall then become final and executory.

Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the
Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate office
for prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years, shall be
disqualified from public office and employment and shall be deprived of the right to vote and be
voted for in any national or local election, even after the service of sentence unless granted absolute
pardon.

Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who shall misuse, embezzle or misappropriate the funds
for the reparation of HRVVs or who shall commit fraud in the processing of documents and claims of
HRVVs, or shall conspire with any individual to commit the same, shall also be prosecuted,

Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who may have been found guilty of committing any or all
of the prohibited acts stated in the preceding paragraph, or those acts punishable under the Revised
Penal Code, shall be penalized under the pertinent provisions in the Code and relevant special penal
laws.

Section 26. Roll of Victims. — Persons who are HRVVs, regardless of whether they opt to seek
reparation or not, shall be given recognition by enshrining their names in a Roll of Human Rights
Victims to be prepared by the Board.

A Memorial/Museum/Library shall be established in honor and in memory of the victims of human

rights violations whose names shall be inscribed in the Roll. A compendium of their sacrifices shall
be prepared and may be readily viewed and accessed in the internet. The
Memorial/Museum/Library/Compendium shall have an appropriation of at least Five hundred million
pesos (P500,000,000.00) from the accrued interest of the Ten billion peso (P10,000,000,000.00)
fund.

The Roll may also be displayed in government agencies as maybe designated by the HRVV
Memorial Commission as created hereunder.

Section 27. Human, Rights Violations Victims’ Memorial Commission.. — There is hereby created a
Commission to be known as the Human Rights Violations Victims’ Memorial Commission,
hereinafter referred to as the Commission, primarily for the establishment, restoration, preservation
and conservation of the Memorial/Museum/Library/Compendium in honor of the HRVVs during the
Marcos regime.

The powers and functions of the Commission shall be assumed by the Board of Trustees which shall
be composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the National
Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the National
Commission on Culture and the Arts (NCCA), the Secretary of the Department of Education and the
Head of the University of the Philippines Diliman Main Library, as members.

The Board of Trustees shall have the authority to hire and appoint its officials and employees,
receive donations and grants for and on its behalf, and generate revenues for the benefit of the
Commission.

21
The Commission shall be attached to the CHR solely for budgetary and administrative purposes.
The operating budget of the Commission shall be appropriated from the General Appropriations Act.

The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure that
the teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our history are included in
the basic, secondary and tertiary education curricula.

CHAPTER V

FINAL PROVISIONS

Section 28. Guidelines for the Implementing Rules and Regulations (1RR). — In implementing this
Act and in formulating the corresponding rules and regulations, and to ensure that all applications
are properly screened for fraudulent claims, the Board must provide for:

(a) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to oppose an application or claim on the
ground that it is fraudulent, fictitious or spurious and gives that party the opportunity to
question the same and to present evidence in support thereof; and

(c) A procedure that is speedy and expeditious without sacrificing any of the parties’
fundamental rights.

Within fifteen (15) days from the date of its organization, the Board shall promulgate the necessary
IRR and procedures for the effective implementation of this Act. The IRR shall be effective fifteen
(15) days after its publication in two (2) national newspapers of general circulation.

Section 29. Work Period; Sunset Clause. — The Board shall complete its work within two (2) years
from the effectivity of the IRR promulgated by it. After such period, it shall become functus officio.

Section 30. Separability Clause. — If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full
force and effect.

Section 31. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts
thereof inconsistent with any of the provisions of this Act, including Section 63(b) of Republic Act No.
6657, as amended, otherwise known as the Comprehensive Agrarian Reform Law of 1988 and
Section 40(a) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991,
are hereby repealed, amended or modified accordingly. 1âwphi1

Section 32. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

REPUBLIC ACT No. 10535

22
AN ACT TO SET THE PHILIPPINE STANDARD TIME (PST) IN ALL OFFICIAL SOURCES
THROUGHOUT THE COUNTRY, TO PROVIDE FUNDS FOR THE INSTALLATION, OPERATION
AND MAINTENANCE OF SYNCHRONIZED TIME DEVICES TO BE DISPLAYED IN KEY PUBLIC
PLACES AND TO DECLARE THE FIRST WEEK OF EVERY YEAR AS NATIONAL TIME
CONSCIOUSNESS WEEK

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 Philippine Standard Time (PST) Act of
2013″.

Section 2. Display of the Philippine Standard Time. – All national and local government offices shall
display the Philippine Standard Time (PST) on their official time devices, including bundy clocks, in
accordance with the official time being provided by the Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAGASA) using its network time protocol. All of these offices
shall coordinate, at least once a month, with the PAGASA to synchronize their official timepieces
and devices.

Section 3. Monitoring, Maintenance and Dissemination of the PST. – The PAGASA’s Time Service
Unit, in coordination with the Department of Science and Technology (DOST), shall be tasked to
monitor, maintain and disseminate the PST throughout the country. The PAGASA shall operate and
maintain a timekeeping system to perform these functions and shall endeavor to install and maintain
sufficiently large and prominently displayed synchronized time devices in all their field stations and in
key public places.

Section 4. Procurement of Equipment for the Automatic Dissemination of Time. – The procurement
of equipment necessary for the automatic dissemination of time with global positioning system
(GPS) shall be in accordance with the provisions of Republic Act No. 9184 (Government
Procurement Reform Act). The DOST shall be the procurement overseer of said equipment.

Section 5. General Appropriations. – The amount necessary for the implementation of this Act shall
be included in the appropriation of the PAGASA under the DOST in the General Appropriations Act.
Thereafter, such amount as may be necessary for the upgrading and/or maintenance of the
timekeeping system shall be included in the annual budget of the DOST and the PAGASA.

Section 6. Role of the National Telecommunications Commission (NTC). – The NTC shall require
the participation of all government and private television and radio stations in order to ensure the
synchronization of timekeeping devices can be undertaken even in the most remote parts of the
country.

Section 7. Violations. – The NTC shall have jurisdiction to enforce obedience to the provisions of
this Act by writ of injunction or by other process, mandatory or otherwise, restraining further
violations of this Act and enjoining obedience thereto.

Owners of private television and radio stations who shall fail to calibrate and synchronize their time
devices with the PST during their broadcast shall, upon hearing and due proceedings, be penalized
with a fine of not less than Thirty thousand pesos (P30,000.00) but not more than Fifty thousand
pesos (P50,000.00) and in case of second offense, revocation and cancellation of their franchises to
operate.

23
The fine to be collected as penalty for the violation of this Act shall be deposited in the general fund
of the National Treasury.

Section 8. Information Campaign. – All national and local government offices, including all schools,
public or private, shall conduct a continuing information campaign about the value of time and the
need to respect the time of others, in order that the people may realize the imperative of
synchronizing the official time.

Section 9. Institutionalization of the "National Time Consciousness Week". – The "National Time
Consciousness Week" shall be institutionalized and celebrated every first week of the year.

Section 10. Implementing Guidelines. – The PAGASA, in coordination with the DOST, the NTC, the
Department of Transportation and Communications (DOTC), the Department of the Interior and
Local Government (DILG), the Department of National Defense (DND), the Department of Health
(DOH), the Department of Education (DepED) and the Commission on Higher Education (CHED),
shall promulgate the necessary guidelines for the effective implementation of the calibration and
synchronization of the timekeeping devices and implementation of this Act within ninety (90) days
from the effectivity of this Act.

Section 11. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional,
the remaining parts or provisions not affected shall remain in full force and effect. 1âwphi1

Section 12. Repealing Clause. – All laws, decrees, executive orders, proclamations, rules and
regulations, and issuances, or parts thereof, which are inconsistent with the provisions of this Act are
hereby repealed or amended accordingly.

Section 13. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

Republic Act No. 7438             April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of

Public Officers.–

(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

24
 (b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all
times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer. lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such investigation
report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by
or conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the Commission on
Human Rights of by any international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include his or her spouse,
fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by
the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;
lawphi1 ©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave or grave felonies;

25
 (c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable
with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal
or City Treasurer must certify that no funds are available to pay the fees of assisting counsel
before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of Article
125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his own choice, shall
suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight
(8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who has been previously convicted of a similar
offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or from
examining and treating him, or from ministering to his spiritual needs, at any hour of the day
or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four
(4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00). lawphi1 ©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to
secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other
laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent
with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in any daily newspapers of general circulation in the Philippines.

Republic Act No. 9372             March 6, 2007

26
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
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 or 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);

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);

27
 4. Republic Act No. 6235 (Anti-Hijacking Law);

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.

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 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.

28
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.

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 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

29
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 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.

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 connection therewith that have been included in the deposit; and (d)

30
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.

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 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

31
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.

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, 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.

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

32
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 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 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.

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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 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
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

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psychological pressure, shall be, in its entirety, absolutely not admissible and 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) 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: (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.

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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
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 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
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.

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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
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 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,

37
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 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 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.

38
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 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 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 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.

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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 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 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

40
(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 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.

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.

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.

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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 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 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;

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 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

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 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.

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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
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.

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.

SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.

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SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three newspapers
of local circulation, one each in llocos Norte, Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three newspapers of local circulation, one
each in Cagayan de Oro, Davao and General Santos city.

The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired
everyday at primetime for seven days, morning, noon and night over three national television and
radio networks; three radio and television networks, one each in Cebu, Tacloban and lloilo; and in
five radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City,
Cotabato City and Zamboanga City. The publication in the newspapers of local circulation and the
announcements over local radio and television networks shall be done in the dominant language of
the community. After the publication required above shall have been done, the Act shall take effect
two months after the elections are held in May 2007. Thereafter, the provisions of this Act shall be
automatically suspended one month before and two months as after the holding of any election.

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