REPUBLIC ACT NO.

9372
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTI! "# Short Title# $ This %ct shall henceforth be &no'n as the (Human Security
%ct of )**+#,
SEC# )# 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 'elfare of the people- and to ma&e
terrorism a crime against the .ilipino people- against humanity- and against the la' 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 recogni/es that the fight against terrorism re0uires a comprehensive
approach- comprising political- economic- diplomatic- military- and legal means duly
ta&ing into account the root causes of terrorism 'ithout ac&no'ledging these as
1ustifications for terrorist and2or criminal activities# Such measures shall include conflict
management and post3conflict peace3building- addressing the roots of conflict by
building state capacity and promoting e0uitable economic development#
!othing in this %ct shall be interpreted as a curtailment- restriction or diminution of
constitutionally recogni/ed po'ers of the e4ecutive branch of the government# It is to be
understood- ho'ever- that the e4ercise of the constitutionally recogni/ed po'ers of the
e4ecutive department of the government shall not pre1udice respect for human rights
'hich shall be absolute and protected at all times#
SEC# 5# Terrorism# $ %ny person 'ho commits an act punishable under any of the
follo'ing provisions of the Revised Penal Code:
"# %rticle ")) 6Piracy in 7eneral and 8utiny in the High Seas or in the Philippine
9aters:;
)# %rticle "5< 6Rebellion or Insurrection:;
5# %rticle "5<3a 6Coup d=Etat:- including acts committed by private persons;
<# %rticle )<> 68urder:;
?# %rticle )@+ 6Aidnapping and Serious Illegal Betention:;
@# %rticle 5)< 6Crimes Involving Bestruction-
or under
"# Presidential Becree !o# "@"5 6The Ca' on %rson:;
)# Republic %ct !o# @D@D 6To4ic Substances and Ha/ardous and !uclear 9aste Control
%ct of "DD*:;
5# Republic %ct !o# ?)*+- 6%tomic Energy Regulatory and Ciability %ct of "D@>:;
<# Republic %ct !o# @)5? 6%nti3Hi1ac&ing Ca':;
?# Presidential Becree !o# ?5) 6%nti3piracy and %nti3high'ay Robbery Ca' of "D+<:;
and-
@# Presidential Becree !o# ">@@- as amended 6Becree Codifying the Ca's on Illegal
and Enla'ful Possession- 8anufacture- Bealing in- %c0uisition or Bisposition of
.irearms- %mmunitions or E4plosives:
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thereby so'ing and creating a condition of 'idespread and e4traordinary fear and panic
among the populace- in order to coerce the government to give in to an unla'ful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty 6<*:
years of imprisonment- 'ithout the benefit of parole as provided for under %ct !o# <"*5-
other'ise &no'n as the Indeterminate Sentence Ca'- as amended#
SEC# <# Conspiracy to Commit Terrorism# $ Persons 'ho conspire to commit the crime
of terrorism shall suffer the penalty of forty 6<*: years of imprisonment#
There is conspiracy 'hen t'o or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 5 hereof and decide to
commit the same#
SEC# ?# Accomplice# $ %ny person 'ho- not being a principal under %rticle "+ of the
Revised Penal Code or a conspirator as defined in Section < hereof- cooperates in the
e4ecution of either the crime of terrorism or conspiracy to commit terrorism by previous
or simultaneous acts shall suffer the penalty of from seventeen 6"+: years- four 6<:
months one day to t'enty 6)*: years of imprisonment#
SEC# @# Accessory# $ %ny person 'ho- having &no'ledge of the commission of the
crime of terrorism or conspiracy to commit terrorism- and 'ithout having participated
therein- either as principal or accomplice under %rticles "+ and "> of the Revised Penal
Code- ta&es part subse0uent to its commission in any of the follo'ing manner: 6a: by
profiting himself or assisting the offender to profit by the effects of the crime; 6b: by
concealing or destroying the body of the crime- or the effects- or instruments thereof- in
order to prevent its discovery; 6c: by harboring- concealing- or assisting in the escape of
the principal or conspirator of the crime- shall suffer the penalty of ten 6"*: years and
one day to t'elve 6"): years of imprisonment#
!ot'ithstanding the above paragraph- the penalties prescribed for accessories shall not
be imposed upon those 'ho are such 'ith respect to their spouses- ascendants-
descendants- legitimate- natural- and adopted brothers and sisters- or relatives by
affinity 'ithin the same degrees- 'ith the single e4ception of accessories falling 'ithin
the provisions of subparagraph 6a:#
SEC# +# Surveillance of Suspects and Interception and Recording of Communications# $
The provisions of Republic %ct !o# <)** 6%nti3'ire Tapping Ca': to the contrary
not'ithstanding- a police or la' enforcement official and the members of his team may-
upon a 'ritten order of the Court of %ppeals- listen to- intercept and record- 'ith the use
of any mode- form- &ind or type of electronic or other surveillance e0uipment or
intercepting and trac&ing devices- or 'ith the use of any other suitable 'ays and means
for that purpose- any communication- message- conversation- discussion- or spo&en or
'ritten 'ords bet'een members of a 1udicially declared and outla'ed terrorist
organi/ation- association- or group of persons or of any person charged 'ith or
suspected of the crime of terrorism or conspiracy to commit terrorism#
Provided- That surveillance- interception and recording of communications bet'een
la'yers and clients- doctors and patients- 1ournalists and their sources and confidential
business correspondence shall not be authori/ed#
SEC# ># Formal Application for Judicial Authorization# $ The 'ritten order of the
authori/ing division of the Court of %ppeals to trac& do'n- tap- listen to- intercept- and
record communications- messages- conversations- discussions- or spo&en or 'ritten
'ords of any person suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall only be granted by the authori/ing division of the Court of
%ppeals upon an e4 parte 'ritten application of a police or of a la' enforcement official
'ho has been duly authori/ed in 'riting by the %nti3Terrorism Council created in Section
2
?5 of this %ct to file such e4 parte application- and upon e4amination under oath or
affirmation of the applicant and the 'itnesses he may produce to establish: 6a: that
there is probable cause to believe based on personal &no'ledge 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; 6b: that there is
probable cause to believe based on personal &no'ledge of facts or circumstances that
evidence- 'hich is essential to the conviction of any charged or suspected person for- or
to the solution or prevention of- any such crimes- 'ill be obtained; and- 6c: that there is
no other effective means readily available for ac0uiring such evidence#
SEC# D# Classification and Contents of the rder of the Court# $ The 'ritten order
granted by the authori/ing division of the Court of %ppeals as 'ell as its order- if any- to
e4tend or rene' the same- the original application of the applicant- including his
application to e4tend or rene'- if any- and the 'ritten authori/ations of the %nti3
Terrorism Council shall be deemed and are hereby declared as classified information:
Provided- That the person being surveilled or 'hose communications- letters- papers-
messages- conversations# Biscussions- spo&en or 'ritten 'ords and effects have been
monitored- listened to- bugged or recorded by la' enforcement authorities has the right
to be informed of the acts done by the la' 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 %ppeals 'hich issued the 'ritten order# The 'ritten order of the authori/ing division of
the Court of %ppeals shall specify the follo'ing: 6a: the identity- such as name and
address- if &no'n- of the charged or suspected person 'hose communications-
messages- conversations- discussions- or spo&en or 'ritten 'ords are to be trac&ed
do'n- tapped- listened to- intercepted- and recorded and- in the case of radio-
electronic- or telephonic 6'hether 'ireless or other'ise: communications- messages-
conversations- discussions- or spo&en or 'ritten 'ords- the electronic transmission
systems or the telephone numbers to be trac&ed do'n- 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 &no'n- such person shall be sub1ect to
continuous surveillance provided there is a reasonable ground to do so; 6b: the identity
6name- address- and the police or la' enforcement organi/ation: of the police or of the
la' enforcement official- including the individual identity 6names- addresses- and the
police or la' enforcement organi/ation: of the members of his team- 1udicially
authori/ed to trac& do'n- tap- listen to- intercept- and record the communications-
messages- conversations- discussions- or spo&en or 'ritten 'ords; 6c: the offense or
offenses committed- or being committed- or sought to be prevented; and- 6d: the length
of time 'ithin 'hich the authori/ation shall be used or carried out#
SEC# "*# !ffective Period of Judicial Authorization# $ %ny authori/ation granted by the
authori/ing division of the Court of %ppeals- pursuant to Sec# D 6d: of this %ct- shall only
be effective for the length of time specified in the 'ritten order of the authori/ing division
of the Court of %ppeals- 'hich shall not e4ceed a period of thirty 65*: days from the date
of receipt of the 'ritten order of the authori/ing division of the Court of %ppeals by the
applicant police or la' enforcement official#
The authori/ing division of the Court of %ppeals may e4tend or rene' the said
authori/ation for another non3e4tendible period- 'hich shall not e4ceed thirty 65*: days
from the e4piration of the original period: Provided- That the authori/ing division of the
Court of %ppeals is satisfied that such e4tension or rene'al is in the public interest: and
Provided- further- That the e4 parte application for e4tension or rene'al- 'hich must be
filed by the original applicant- has been duly authori/ed in 'riting by the %nti3Terrorism
Council#
In case of death of the original applicant or in case he is physically disabled to file the
application for e4tension or rene'al- the one ne4t in ran& to the original applicant among
the members of the team named in the original 'ritten order of the authori/ing division
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of the Court of %ppeals shall file the application for e4tension or rene'al: Provided-
That- 'ithout pre1udice to the liability of the police or la' enforcement personnel under
Section )* hereof- the applicant police or la' enforcement official shall have thirty 65*:
days after the termination of the period granted by the Court of %ppeals as provided in
the preceding paragraphs 'ithin 'hich to file the appropriate case before the Public
ProsecutorFs ffice for any violation of this %ct#
If no case is filed 'ithin the thirty 65*:3day period- the applicant police or la'
enforcement official shall immediately notify the person sub1ect of the surveillance-
interception and recording of the termination of the said surveillance- interception and
recording# The penalty of ten 6"*: years and one day to t'elve 6"): years of
imprisonment shall be imposed upon the applicant police or la' enforcement official
'ho fails to notify the person sub1ect of the surveillance- monitoring- interception and
recording as specified above#
SEC# ""# Custody of Intercepted and Recorded Communications# $ %ll tapes- discs- and
recordings made pursuant to the authori/ation of the authori/ing division of the Court of
%ppeals- including all e4cerpts and summaries thereof as 'ell as all 'ritten notes or
memoranda made in connection there'ith- shall- 'ithin forty3eight 6<>: hours after the
e4piration of the period fi4ed in the 'ritten order of the authori/ing division of the Court
of %ppeals or 'ithin forty3eight 6<>: hours after the e4piration of any e4tension or
rene'al granted by the authori/ing division of the Court of %ppeals- be deposited 'ith
the authori/ing Bivision of the Court of %ppeals in a sealed envelope or sealed pac&age-
as the case may be- and shall be accompanied by a 1oint affidavit of the applicant police
or la' enforcement official and the members of his team#
In case of death of the applicant or in case he is physically disabled to e4ecute the
re0uired affidavit- the one ne4t in ran& to the applicant among the members of the team
named in the 'ritten order of the authori/ing division of the Court of %ppeals shall
e4ecute 'ith the members of the team that re0uired affidavit#
It shall be unla'ful for any person- police officer or any custodian of the tapes- discs and
recording- and their e4cerpts and summaries- 'ritten notes or memoranda to copy in
'hatever form- to remove- delete- e4punge- incinerate- shred or destroy in any manner
the items enumerated above in 'hole or in part under any prete4t 'hatsoever#
%ny person 'ho removes- deletes- e4punges incinerates- shreds or destroys the items
enumerated above shall suffer a penalty of not less than si4 6@: years and one day to
t'elve 6"): years of imprisonment#
SEC# ")# Contents of Joint Affidavit# $ The 1oint affidavit of the police or of the la'
enforcement official and the individual members of his team shall state: 6a: the number
of tapes- discs- and recordings that have been made- as 'ell as the number of e4cerpts
and summaries thereof and the number of 'ritten notes and memoranda- if any- made
in connection there'ith; 6b: the dates and times covered by each of such tapes- discs-
and recordings; 6c: the number of tapes- discs- and recordings- as 'ell as the number of
e4cerpts and summaries thereof and the number of 'ritten notes and memoranda made
in connection there'ith that have been included in the deposit; and 6d: the date of the
original 'ritten authori/ation granted by the %nti3Terrorism Council to the applicant to file
the e4 parte application to conduct the trac&ing do'n- tapping- intercepting- and
recording- as 'ell as the date of any e4tension or rene'al of the original 'ritten
authority granted by the authori/ing division of the Court of %ppeals#
The 1oint affidavit shall also certify under oath that no duplicates or copies of the 'hole
or any part of any of such tapes- discs- and recordings- and that no duplicates or copies
of the 'hole or any part of any of such e4cerpts- summaries- 'ritten notes- and
memoranda- have been made- or- if made- that all such duplicates and copies are
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included in the sealed envelope or sealed pac&age- as the case may be- deposited 'ith
the authori/ing division of the Court of %ppeals#
It shall be unla'ful for any person- police or la' enforcement official to omit or e4clude
from the 1oint affidavit any item or portion thereof mentioned in this Section#
%ny person- police or la' enforcement officer 'ho violates any of the acts proscribed in
the preceding paragraph shall suffer the penalty of not less than ten 6"*: years and one
day to t'elve 6"): years of imprisonment#
SEC# "5# Disposition of Deposited "aterials# $ The sealed envelope or sealed pac&age
and the contents thereof- 'hich are deposited 'ith the authori/ing division of the Court
of %ppeals- shall be deemed and are hereby declared classified information- and the
sealed envelope or sealed pac&age shall not be opened and its contents 6including the
tapes- discs- and recordings and all the e4cerpts and summaries thereof and the notes
and memoranda made in connection there'ith: shall not be divulged- revealed- read-
replayed- or used as evidence unless authori/ed by 'ritten order of the authori/ing
division of the Court of %ppeals- 'hich 'ritten order shall be granted only upon a 'ritten
application of the Bepartment of Gustice filed before the authori/ing division of the Court
of %ppeals and only upon a sho'ing that the Bepartment of Gustice has been duly
authori/ed in 'riting by the %nti3Terrorism Council to file the application 'ith proper
'ritten notice the person 'hose conversation- communication- message discussion or
spo&en or 'ritten 'ords have been the sub1ect of surveillance- monitoring- recording
and interception to open- reveal- divulge- and use the contents of the sealed envelope
or sealed pac&age as evidence#
%ny person- la' enforcement official or 1udicial authority 'ho violates his duty to notify
in 'riting the persons sub1ect of the surveillance as defined above shall suffer the
penalty of si4 6@: years and one day to eight 6>: years of imprisonment#
SEC# "<# Application to pen Deposited Sealed !nvelop or Sealed Pac#age# $ The
'ritten application 'ith notice to the party concerned to open the deposited sealed
envelope or sealed pac&age shall clearly state the purpose or reason: 6a: for opening
the sealed envelope or sealed pac&age; 6b: for revealing or disclosing its classified
contents; 6c: for replaying- divulging- and or reading any of the listened to- intercepted-
and recorded communications- messages- conversations- discussions- or spo&en or
'ritten 'ords 6including any of the e4cerpts and summaries thereof and any of the
notes or memoranda made in connection there'ith:; and- 6d: for using any of said
listened to -intercepted- and recorded communications- messages- conversations-
discussions- or spo&en or 'ritten 'ords 6including any of the e4cerpts and summaries
thereof and any of the notes or memoranda made in connection there'ith: as evidence#
%ny person- la' enforcement official or 1udicial authority 'ho violates his duty to notify
as defined above shall suffer the penalty of si4 6@: years and one day to eight 6>: years
of imprisonment#
SEC# "?# !videntiary $alue of Deposited "aterials# $ %ny listened to- intercepted- and
recorded communications- messages- conversations- discussions- or spo&en or 'ritten
'ords- or any part or parts thereof- or any information or fact contained therein-
including their e4istence- content- substance- purport- effect- or meaning- 'hich have
been secured in violation of the pertinent provisions of this %ct- shall absolutely not be
admissible and usable as evidence against anybody in any 1udicial- 0uasi31udicial-
legislative- or administrative investigation- in0uiry- proceeding- or hearing#
SEC# "@# Penalty for %nauthorized or malicious Interceptions and&or Recordings# $ %ny
police or la' enforcement personnel 'ho- not being authori/ed to do so by the
authori/ing division of the Court of %ppeals- trac&s do'n- taps- listens to- intercepts- and
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records in 'hatever manner or form any communication- message- conversation-
discussion- or spo&en or 'ritten 'ord of a person charged 'ith 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 6"*: years and one day to t'elve 6"): years of
imprisonment#
In addition to the liability attaching to the offender for the commission of any other
offense- the penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment
and the accessory penalty of perpetual absolute dis0ualification from public office shall
be imposed upon any police or la' enforcement personnel 'ho maliciously obtained an
authority from the Court of %ppeals to trac& do'n- tap- listen to- intercept- and record in
'hatever manner or form any communication- message- conversation- discussion- or
spo&en or 'ritten 'ords of a person charged 'ith or suspected of the crime of terrorism
or conspiracy to commit terrorism: Provided- That not'ithstanding Section "5 of this %ct-
the party aggrieved by such authori/ation shall be allo'ed access to the sealed
envelope or sealed pac&age and the contents thereof as evidence for the prosecution of
any police or la' enforcement personnel 'ho maliciously procured said authori/ation#
SEC# "+# Proscription of Terrorist rganizations' Association' or (roup of Persons# $
%ny organi/ation- association- or group of persons organi/ed for the purpose of
engaging in terrorism- or 'hich- although not organi/ed for that purpose- actually uses
the acts to terrori/e mentioned in this %ct or to so' and create a condition of
'idespread and e4traordinary fear and panic among the populace in order to coerce the
government to give in to an unla'ful demand shall- upon application of the Bepartment
of Gustice before a competent Regional Trial Court- 'ith due notice and opportunity to
be heard given to the organi/ation- association- or group of persons concerned- be
declared as a terrorist and outla'ed organi/ation- association- or group of persons by
the said Regional Trial Court#
SEC# "># Period of Detention )ithout Judicial )arrant of Arrest# $ The provisions of
%rticle ")? of the Revised Penal Code to the contrary not'ithstanding- any police or la'
enforcement personnel- 'ho- having been duly authori/ed in 'riting by the %nti3
Terrorism Council has ta&en custody of a person charged 'ith or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall- 'ithout incurring any
criminal liability for delay in the delivery of detained persons to the proper 1udicial
authorities- deliver said charged or suspected person to the proper 1udicial authority
'ithin a period of three 65: days counted from the moment the said charged or
suspected person has been apprehended or arrested- detained- and ta&en into custody
by the said police- or la' 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 + and e4amination of ban& deposits under Section )+ of
this %ct#
The police or la' enforcement personnel concerned shall- before detaining the person
suspected of the crime of terrorism- present him or her before any 1udge at the latterFs
residence or office nearest the place 'here the arrest too& place at any time of the day
or night# It shall be the duty of the 1udge- among other things- to ascertain the identity of
the police or la' enforcement personnel and the person or persons they have arrested
and presented before him or her- to in0uire of them the reasons 'hy they have arrested
the person and determine by 0uestioning and personal observation 'hether or not the
suspect has been sub1ected to any physical- moral or psychological torture by 'hom
and 'hy# The 1udge shall then submit a 'ritten report of 'hat he2she had observed
'hen the sub1ect 'as brought before him to the proper court that has 1urisdiction over
the case of the person thus arrested# the 1udge shall forth'ith submit his2her report
'ithin three 65: calendar days from the time the suspect 'as brought to his2her
residence or office#
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Immediately after ta&ing custody of a person charged 'ith or suspected of the crime of
terrorism or conspiracy to commit terrorism- the police or la' enforcement personnel
shall notify in 'riting the 1udge of the court nearest the place of apprehension or arrest:
Provided- That 'here the arrest is made during saturdays- sundays- holidays or after
office hours- the 'ritten notice shall be served at the residence of the 1udge nearest the
place 'here the accused 'as arrested#
The penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment shall be
imposed upon the police or la' enforcement personnel 'ho fails to notify any 1udge as
provided in the preceding paragraph#
SEC# "D# Period of Detention in the !vent of an Actual or Imminent Terrorist Attac## $ In
the event of an actual or imminent terrorist attac&- suspects may not be detained for
more than three 65: days 'ithout the 'ritten approval of a municipal- city- provincial or
regional official of a Human Rights Commission or 1udge of the municipal- regional trial
court- the Sandiganbayan or a 1ustice of the Court of %ppeals nearest the place of the
arrest# If the arrest is made during Saturdays- Sundays- holidays or after office hours-
the arresting police or la' enforcement personnel shall bring the person thus arrested to
the residence of any of the officials mentioned above that is nearest the place 'here the
accused 'as arrested# The approval in 'riting of any of the said officials shall be
secured by the police or la' enforcement personnel concerned 'ithin five 6?: days after
the date of the detention of the persons concerned: Provided- ho'ever- That 'ithin
three 65: days after the detention the suspects- 'hose connection 'ith the terror attac&
or threat is not established- shall be released immediately#
SEC# )*# Penalty for Failure to Deliver Suspect to the Proper Judicial Authority )ithin
Three *+, Days# $ The penalty of ten 6"*: years and one day to t'elve 6"): years of
imprisonment shall be imposed upon any police or la' enforcement personnel 'ho has
apprehended or arrested- detained and ta&en custody of a person charged 'ith or
suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver
such charged or suspected person to the proper 1udicial authority 'ithin the period of
three 65: days#
SEC# )"# Rights of a Person %nder Custodial Detention# $ The moment a person
charged 'ith or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism is apprehended or arrested and detained- he shall forth'ith be informed- by
the arresting police or la' enforcement officers or by the police or la' enforcement
officers to 'hose custody the person concerned is brought- of his or her right: 6a: 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 la' enforcement officers
concerned shall immediately contact the free legal assistance unit of the Integrated Bar
of the Philippines 6IBP: or the Public %ttorneyFs ffice 6P%:# It shall be the duty of the
free legal assistance unit of the IBP or the P% thus contacted to immediately visit the
person6s: detained and provide him or her 'ith legal assistance# These rights cannot be
'aived e4cept in 'riting and in the presence of the counsel of choice; 6b: informed of
the cause or causes of his detention in the presence of his legal counsel; 6c: allo'ed to
communicate freely 'ith his legal counsel and to confer 'ith them at any time 'ithout
restriction; 6d: allo'ed to communicate freely and privately 'ithout restrictions 'ith the
members of his family or 'ith his nearest relatives and to be visited by them; and- 6e:
allo'ed freely to avail of the service of a physician or physicians of choice#
SEC# ))# Penalty for $iolation of the Rights of a Detainee# $ %ny police or la'
enforcement personnel- or any personnel of the police or other la' enforcement
custodial unit that violates any of the aforesaid rights of a person charged 'ith or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall
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be guilty of an offense and shall suffer the penalty of ten 6"*: years and one day to
t'elve 6"): years of imprisonment#
Enless the police or la' enforcement personnel 'ho 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 head or leader of the la' enforcement unit having custody of the
detainee at the time the violation 'as done#
SEC# )5# Re-uirement for an fficial Custodial .og/oo# and Its Contents# $ The police
or other la' enforcement custodial unit in 'hose care and control the person charged
'ith or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism has been placed under custodial arrest and detention shall &eep a securely
and orderly maintained official logboo&- 'hich is hereby declared as a public document
and opened to and made available for the inspection and scrutiny of the la'yer or
la'yers of the person under custody or any member of his or her family or relative by
consanguinity or affinity 'ithin the fourth civil degree or his or her physician at any time
of the day or night 'ithout any form of restriction# The logboo& shall contain a clear and
concise record of: 6a: the name- description- and address of the detained person; 6b: the
date and e4act time of his initial admission for custodial arrest and detention; 6c: the
name and address of the physician or physicians 'ho e4amined him physically and
medically; 6d: the state of his health and physical condition at the time of his initial
admission for custodial detention; 6e: the date and time of each removal of the detained
person from his cell for interrogation or for any purpose; 6f: the date and time of his
return to his cell; 6g: the name and address of the physician or physicians 'ho
physically and medically e4amined him after each interrogation; 6h: a summary of the
physical and medical findings on the detained person after each of such interrogation;
6i: the names and addresses of his family members and nearest relatives- if any and if
available; 61: the names and addresses of persons 'ho visit the detained person; 6&: the
date and time of each of such visits; 6l: the date and time of each re0uest of the
detained person to communicate and confer 'ith his legal counsel or counsels; 6m: the
date and time of each visit- and date and time of each departure of his legal counsel or
counsels; and- 6n: all other important events bearing on and all relevant details
regarding the treatment of the detained person 'hile under custodial arrest and
detention#
The said police or la' enforcement custodial unit shall upon demand of the
aforementioned la'yer or la'yers or members of the family or relatives 'ithin 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 logboo& relative to the
concerned detained person 'ithout delay or restriction or re0uiring any fees 'hatsoever
including documentary stamp ta4- notarial fees- and the li&e# This certified true copy
may be attested by the person 'ho has custody of the logboo& or 'ho allo'ed the party
concerned to scrutini/e it at the time the demand for the certified true copy is made#
The police or other la' enforcement custodial unit 'ho fails to comply 'ith the
preceding paragraph to &eep an official logboo& shall suffer the penalty of ten 6"*: years
and one day to t'elve 6"): years of imprisonment#
SEC# )<# 0o Torture or Coercion in Investigation and Interrogation# $ !o threat-
intimidation- or coercion- and no act 'hich 'ill inflict any form of physical pain or
torment- or mental- moral- or psychological pressure- on the detained person- 'hich
shall vitiate his free3'ill- shall be employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit terrorism; other'ise- the
evidence obtained from said detained person resulting from such threat- intimidation- or
coercion- or from such inflicted physical pain or torment- or mental- moral- or
psychological pressure- shall be- in its entirety- absolutely not admissible and usable as
8
evidence in any 1udicial- 0uasi31udicial- legislative- or administrative investigation-
in0uiry- proceeding- or hearing#
SEC# )?# Penalty for Threat' Intimidation' Coercion' or Torture in the Investigation and
Interrogation of a Detained Person# $ %ny person or persons 'ho use threat-
intimidation- or coercion- or 'ho inflict physical pain or torment- or mental- moral- or
psychological pressure- 'hich shall vitiate the free3'ill 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 t'elve 6"): years and one day to t'enty 6)*: years of imprisonment#
9hen death or serious permanent disability of said detained person occurs as a
conse0uence of the use of such threat- intimidation- or coercion- or as a conse0uence
of the infliction on him of such physical pain or torment- or as a conse0uence of the
infliction on him of such mental- moral- or psychological pressure- the penalty shall be
t'elve 6"): years and one day to t'enty 6)*: years of imprisonment
SEC# )@# Restriction on Travel# 3 In cases 'here evidence of guilt is not strong- and the
person charged 'ith 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 'ithin the municipality or city 'here he resides or
'here the case is pending- in the interest of national security and public safety-
consistent 'ith %rticle III- Section @ of the Constitution# Travel outside of said
municipality or city- 'ithout the authori/ation of the court- shall be deemed a violation of
the terms and conditions of his bail- 'hich shall then be forfeited as provided under the
Rules of Court#
He or she may also be placed under house arrest by order of the court at his or her
usual place of residence#
9hile under house arrest- he or she may not use telephones- cellphones- e3mails-
computers- the internet or other means of communications 'ith people outside the
residence until other'ise ordered by the court#
The restrictions abovementioned shall be terminated upon the ac0uittal 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# )+# Judicial Authorization Re-uired to !1amine 2an# Deposits' Accounts' and
Records# $ The provisions of Republic %ct !o# "<*? as amended- to the contrary
not'ithstanding- the 1ustices of the Court of %ppeals designated as a special court to
handle anti3terrorism cases after satisfying themselves of the e4istence of probable
cause in a hearing called for that purpose that 6": a person charged 'ith or suspected
of the crime of terrorism or conspiracy to commit terrorism- 6): of a 1udicially declared
and outla'ed terrorist organi/ation- association- or group of persons- and 65: of a
member of such 1udicially declared and outla'ed organi/ation- association- or group of
persons- may authori/e in 'riting any police or la' enforcement officer and the
members of his2her team duly authori/ed in 'riting by the anti3terrorism council to: 6a:
e4amine- or cause the e4amination of- the deposits- placements- trust accounts- assets
and records in a ban& or financial institution; and 6b: gather or cause the gathering of
any relevant information about such deposits- placements- trust accounts- assets- and
records from a ban& or financial institution# the ban& or financial institution concerned
shall not refuse to allo' such e4amination or to provide the desired information- 'hen
so ordered by and served 'ith the 'ritten order of the Court of %ppeals#
SEC# )># Application to !1amine 2an# Deposits' Accounts' and Records# $ The 'ritten
order of the Court of %ppeals authori/ing the e4amination of ban& deposits- placements-
9
trust accounts- assets- and records: 6": of a person charged 'ith or suspected of the
crime of terrorism or conspiracy to commit terrorism- 6): of any 1udicially declared and
outla'ed terrorist organi/ation- association- or group of persons- or 65: of any member
of such organi/ation- association- or group of persons in a ban& or financial institution-
and the gathering of any relevant information about the same from said ban& or financial
institution- shall only be granted by the authori/ing division of the Court of %ppeals upon
an e4 parte application to that effect of a police or of a la' enforcement official 'ho has
been duly authori/ed in 'riting to file such e4 parte application by the %nti3Terrorism
Council created in Section ?5 of this %ct to file such e4 parte application- and upon
e4amination under oath or affirmation of the applicant and the 'itnesses he may
produce to establish the facts that 'ill 1ustify the need and urgency of e4amining and
free/ing the ban& deposits- placements- trust accounts- assets- and records: 6": of the
person charged 'ith or suspected of the crime of terrorism or conspiracy to commit
terrorism- 6): of a 1udicially declared and outla'ed terrorist organi/ation- association or
group of persons- or 65: of any member of such organi/ation- association- or group of
persons#
SEC# )D# Classification and Contents of the Court rder Authorizing the !1amination of
2an# Deposits' Accounts' and Records# $ The 'ritten order granted by the authori/ing
division of the Court of %ppeals as 'ell as its order- if any- to e4tend or rene' the same-
the original e4 parte application of the applicant- including his e4 parte application to
e4tend or rene'- if any- and the 'ritten authori/ations of the %nti Terrorism Council- shall
be deemed and are hereby declared as classified information: Provided- That the
person 'hose ban& deposits- placements- trust accounts- assets- and records have
been e4amined- fro/en- se0uestered and sei/ed by la' enforcement authorities has the
right to be informed of the acts done by the la' enforcement authorities in the premises
or to challenge- if he or she intends to do so- the legality of the interference# The 'ritten
order of the authori/ing division of the Court of %ppeals designated to handle cases
involving terrorism shall specify: 6a: the identity of the said: 6": person charged 'ith or
suspected of the crime of terrorism or conspiracy to commit terrorism- 6): 1udicially
declared and outla'ed terrorist organi/ation- association- or group of persons- and 65:
member of such 1udicially declared and outla'ed organi/ation- association- or group of
persons- as the case may be- 'hose deposits- placements- trust accounts- assets- and
records are to be e4amined or the information to be gathered; 6b: the identity of the
ban& or financial institution 'here such deposits- placements- trust accounts- assets-
and records are held and maintained; 6c: the identity of the persons 'ho 'ill conduct the
said e4amination and the gathering of the desired information; and- 6d: the length of
time the authori/ation shall be carried out#
SEC# 5*# !ffective Period of Court Authorization to !1amine and /tain Information on
2an# Deposits' Accounts' and Records# $ The authori/ation issued or granted by the
authori/ing division of the Court of %ppeals to e4amine or cause the e4amination of and
to free/e ban& 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
'ritten order of the authori/ing division of the Court of %ppeals- 'hich shall not e4ceed
a period of thirty 65*: days from the date of receipt of the 'ritten order of the authori/ing
division of the Court of %ppeals by the applicant police or la' enforcement official#
The authori/ing division of the Court of %ppeals may e4tend or rene' the said
authori/ation for another period- 'hich shall not e4ceed thirty 65*: days rene'able to
another thirty 65*: days from the e4piration of the original period- provided that the
authori/ing division of the Court of %ppeals is satisfied that such e4tension or rene'al is
in the public interest- and provided further that the application for e4tension or rene'al-
'hich must be filed by the original applicant- has been duly authori/ed in 'riting by the
%nti3Terrorism Council#
10
In case of death of the original applicant or in case he is physically disabled to file the
application for e4tension or rene'al- the one ne4t in ran& to the original applicant among
the members of the team named in the original 'ritten order of the authori/ing division
of the Court of %ppeals shall file the application for e4tension or rene'al: Provided-
That- 'ithout pre1udice to the liability of the police or la' enforcement personnel under
Section "D hereof- the applicant police or la' enforcement official shall have thirty 65*:
days after the termination of the period granted by the Court of %ppeals as provided in
the preceding paragraphs 'ithin 'hich to file the appropriate case before the Public
ProsecutorFs ffice for any violation of this %ct#
If no case is filed 'ithin the thirty 65*:3day period- the applicant police or la'
enforcement official shall immediately notify in 'riting the person sub1ect of the ban&
e4amination and free/ing of ban& deposits- placements- trust accounts- assets and
records# The penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment
shall be imposed upon the applicant police or la' enforcement official 'ho fails to notify
in 'riting the person sub1ect of the ban& e4amination and free/ing of ban& deposits-
placements- trust accounts- assets and records#
%ny person- la' enforcement official or 1udicial authority 'ho violates his duty to notify
in 'riting as defined above shall suffer the penalty of si4 6@: years and one day to eight
6>: years of imprisonment#
SEC# 5"# Custody of 2an# Data and Information /tained after !1amination of
Deposits' Placements' Trust Accounts' Assets and Records# $ %ll information- data-
e4cerpts- summaries- notes- memoranda- 'or&ing sheets- reports- and other documents
obtained from the e4amination of the ban& deposits- placements- trust accounts- assets
and records of: 6": a person charged 'ith or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism- 6): a 1udicially declared and outla'ed terrorist
organi/ation- association- or group of persons- or 65: a member of any such
organi/ation- association- or group of persons shall- 'ithin forty3eight 6<>: hours after
the e4piration of the period fi4ed in the 'ritten order of the authori/ing division of the
Court of %ppeals or 'ithin forty3eight 6<>: hours after the e4piration of the e4tension or
rene'al granted by the authori/ing division of the Court of %ppeals- be deposited 'ith
the authori/ing division of the Court of %ppeals in a sealed envelope or sealed pac&age-
as the case may be- and shall be accompanied by a 1oint affidavit of the applicant police
or la' enforcement official and the persons 'ho actually conducted the e4amination of
said ban& deposits- placements- trust accounts- assets and records#
SEC# 5)# Contents of Joint Affidavit# $ The 1oint affidavit shall state: 6a: the identifying
mar&s- numbers- or symbols of the deposits- placements- trust accounts- assets- and
records e4amined; 6b: the identity and address of the ban& or financial institution 'here
such deposits- placements- trust accounts- assets- and records are held and
maintained; 6c: the number of ban& deposits- placements- trust accounts- assets- and
records discovered- e4amined- and fro/en; 6d: the outstanding balances of each of such
deposits- placements- trust accounts- assets; 6e: all information- data- e4cerpts-
summaries- notes- memoranda- 'or&ing sheets- reports- documents- records e4amined
and placed in the sealed envelope or sealed pac&age deposited 'ith the authori/ing
division of the Court of %ppeals; 6f: the date of the original 'ritten authori/ation granted
by the %nti3Terrorism Council to the applicant to file the e4 parte application to conduct
the e4amination of the said ban& deposits- placements- trust accounts- assets and
records- as 'ell as the date of any e4tension or rene'al of the original 'ritten
authori/ation granted by the authori/ing division of the Court of %ppeals; and 6g: that the
items enumerated 'ere all that 'ere found in the ban& or financial institution e4amined
at the time of the completion of the e4amination#
The 1oint affidavit shall also certify under oath that no duplicates or copies of the
information- data- e4cerpts- summaries- notes- memoranda- 'or&ing sheets- reports-
11
and documents ac0uired from the e4amination of the ban& deposits- placements- trust
accounts- assets and records have been made- or- if made- that all such duplicates and
copies are placed in the sealed envelope or sealed pac&age deposited 'ith the
authori/ing division of the Court of %ppeals#
It shall be unla'ful for any person- police officer or custodian of the ban& data and
information obtained after e4amination of deposits- placements- trust accounts- assets
and records to copy- to remove- delete- e4punge- incinerate- shred or destroy in any
manner the items enumerated above in 'hole or in part under any prete4t 'hatsoever#
%ny person 'ho copies- removes- deletes- e4punges incinerates- shreds or destroys the
items enumerated above shall suffer a penalty of not less than si4 6@: years and one
day to t'elve 6"): years of imprisonment#
SEC# 55# Disposition of 2an# "aterials# $ The sealed envelope or sealed pac&age and
the contents thereof- 'hich are deposited 'ith the authori/ing division of the Court of
%ppeals- shall be deemed and are hereby declared classified information- and the
sealed envelope or sealed pac&age shall not be opened and its contents shall not be
divulged- revealed- read- or used as evidence unless authori/ed in a 'ritten order of the
authori/ing division of the Court of %ppeals- 'hich 'ritten order shall be granted only
upon a 'ritten application of the Bepartment of Gustice filed before the authori/ing
division of the Court of %ppeals and only upon a sho'ing that the Bepartment of Gustice
has been duly authori/ed in 'riting by the %nti3Terrorism Council to file the application-
'ith notice in 'riting to the party concerned not later than three 65: days before the
scheduled opening- to open- reveal- divulge- and use the contents of the sealed
envelope or sealed pac&age as evidence#
%ny person- la' enforcement official or 1udicial authority 'ho violates his duty to notify
in 'riting as defined above shall suffer the penalty of si4 6@: years and one day to eight
6>: years of imprisonment#
SEC# 5<# Application to pen Deposited 2an# "aterials# $ The 'ritten application- 'ith
notice in 'riting to the party concerned not later than three 65: days of the scheduled
opening- to open the sealed envelope or sealed pac&age shall clearly state the purpose
and reason: 6a: for opening the sealed envelope or sealed pac&age; 6b: for revealing
and disclosing its classified contents; and- 6c: for using the classified information- data-
e4cerpts- summaries- notes- memoranda- 'or&ing sheets- reports- and documents as
evidence#
SEC# 5?# !videntiary $alue of Deposited 2an# "aterials# $ %ny information- data-
e4cerpts- summaries- notes- memoranda- 'or& sheets- reports- or documents ac0uired
from the e4amination of the ban& deposits- placements- trust accounts- assets and
records of: 6": a person charged or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism- 6): a 1udicially declared and outla'ed terrorist
organi/ation- association- or group of persons- or 65: a member of such organi/ation-
association- or group of persons- 'hich have been secured in violation of the provisions
of this %ct- shall absolutely not be admissible and usable as evidence against anybody
in any 1udicial- 0uasi31udicial- legislative- or administrative investigation- in0uiry-
proceeding- or hearing#
SEC# 5@# Penalty for %nauthorized or "alicious !1amination of a 2an# or a Financial
Institution# $ %ny person- police or la' enforcement personnel 'ho e4amines the
deposits- placements- trust accounts- assets- or records in a ban& or financial institution
of: 6": a person charged 'ith or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism- 6): a 1udicially declared and outla'ed terrorist
organi/ation- association- or group of persons- or 65: a member of such organi/ation-
association- or group of persons- 'ithout being authori/ed to do so by the Court of
12
%ppeals- shall be guilty of an offense and shall suffer the penalty of ten 6"*: years and
one day to t'elve 6"): years of imprisonment#
In addition to the liability attaching to the offender for the commission of any other
offense- the penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment
shall be imposed upon any police or la' enforcement personnel- 'ho maliciously
obtained an authority from the Court of %ppeals to e4amine the deposits- placements-
trust accounts- assets- or records in a ban& or financial institution of: 6": a person
charged 'ith or suspected of the crime of terrorism or conspiracy to commit terrorism-
6): a 1udicially declared and outla'ed terrorist organi/ation- association- or group of
persons- or 65: a member of such organi/ation- association- or group of persons:
Provided- That not'ithstanding Section 55 of this %ct- the party aggrieved by such
authori/ation shall upon motion duly filed be allo'ed access to the sealed envelope or
sealed pac&age and the contents thereof as evidence for the prosecution of any police
or la' enforcement personnel 'ho maliciously procured said authori/ation#
SEC# 5+# Penalty of 2an# fficials and !mployees Defying a Court Authorization# $ %n
employee- official- or a member of the board of directors of a ban& or financial
institution- 'ho refuses to allo' the e4amination of the deposits- placements- trust
accounts- assets- and records of: 6": a person charged 'ith or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism- 6): a 1udicially declared and
outla'ed terrorist organi/ation- association- or group of persons- or 65: a member of
such 1udicially declared and outla'ed organi/ation- association- or group of persons in
said ban& or financial institution- 'hen duly served 'ith the 'ritten order of the
authori/ing division of the Court of %ppeals- shall be guilty of an offense and shall suffer
the penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment#
SEC# 5># Penalty for False or %ntruthful Statement or "isrepresentation of "aterial
Fact in Joint Affidavits# $ %ny false or untruthful statement or misrepresentation of
material fact in the 1oint affidavits re0uired respectively in Section ") and Section 5) of
this %ct shall constitute a criminal offense and the affiants shall suffer individually the
penalty of ten 6"*: years and one day to t'elve 6"): years of imprisonment#
SEC# 5D# Seizure and Se-uestration# $ The deposits and their outstanding balances-
placements- trust accounts- assets- and records in any ban& or financial institution-
moneys- businesses- transportation and communication e0uipment- supplies and other
implements- and property of 'hatever &ind and nature belonging: 6": 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; 6): to a 1udicially declared and
outla'ed organi/ation- association- or group of persons; or 65: to a member of such
organi/ation- association- or group of persons shall be sei/ed- se0uestered- and fro/en
in order to prevent their use- transfer- or conveyance for purposes that are inimical to
the safety and security of the people or in1urious to the interest of the State#
The accused or a person suspected of may 'ithdra' 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 familyFs medical needs upon approval of the court# He or she may also
use any of his property that is under sei/ure or se0uestration or fro/en because of his or
her indictment as a terrorist upon permission of the court for any legitimate reason#
%ny person 'ho un1ustifiably refuses to follo' the order of the proper division of the
Court of %ppeals to allo' the person accused of the crime of terrorism or of the crime of
conspiracy to commit terrorism to 'ithdra' such sums from se0uestered or fro/en
deposits- placements- trust accounts- assets and records as may be necessary for the
regular sustenance of his or her family or to use any of his or her property that has been
sei/ed- se0uestered or fro/en for legitimate purposes 'hile his or her case is pending
13
shall suffer the penalty of ten 6"*: years and one day to t'elve 6"): years of
imprisonment#
SEC# <*# 0ature of Seized' Se-uestered and Frozen 2an# Deposits' Placements' Trust
Accounts' Assets and Records# $ The sei/ed- se0uestered and fro/en ban& deposits-
placements- trust accounts- assets and records belonging to a person suspected of or
charged 'ith the crime of terrorism or conspiracy to commit terrorism shall be deemed
as property held in trust by the ban& 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 'ith any of the said crimes- as
the case may be and their use or disposition 'hile the case is pending shall be sub1ect
to the approval of the court before 'hich the case or cases are pending#
SEC# <"# Disposition of the Seized' Se-uestered and Frozen 2an# Deposits'
Placements' Trust Accounts' Assets and Record# $ If the person suspected of or
charged 'ith the crime of terrorism or conspiracy to commit terrorism is found- after his
investigation- to be innocent by the investigating body- or is ac0uitted- after his
arraignment or his case is dismissed before his arraignment by a competent court- the
sei/ure- se0uestration and free/ing of his ban& deposits- placements- trust accounts-
assets and records shall forth'ith be deemed lifted by the investigating body or by the
competent court- as the case may be- and his ban& deposits- placements- trust
accounts- assets and records shall be deemed released from such sei/ure-
se0uestration and free/ing- and shall be restored to him 'ithout any delay by the ban&
or financial institution concerned 'ithout any further action on his part# The filing of any
appeal on motion for reconsideration shall not state the release of said funds from
sei/ure- se0uestration and free/ing#
If the person charged 'ith the crime of terrorism or conspiracy to commit terrorism is
convicted by a final 1udgment of a competent trial court- his sei/ed- se0uestered and
fro/en ban& deposits- placements- trust accounts- assets and records shall be
automatically forfeited in favor of the government#
Epon his or her ac0uittal or the dismissal of the charges against him or her- the amount
of .ive Hundred Thousand Pesos 6P?**-***#**: a day for the period in 'hich his
properties- assets or funds 'ere sei/ed shall be paid to him on the concept of li0uidated
damages# The amount shall be ta&en from the appropriations of the police or la'
enforcement agency that caused the filing of the enumerated charges against him or
her#
SEC# <)# Penalty for %n3ustified Refusal to Restore or Delay in Restoring Seized'
Se-uestered and Frozen 2an# Deposits' Placements' Trust Accounts' Assets and
Records# $ %ny person 'ho un1ustifiably refuses to restore or delays the restoration of
sei/ed- se0uestered and fro/en ban& deposits- placements- trust accounts- assets and
records of a person suspected of or charged 'ith 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 ac0uitted by a competent court shall suffer the penalty of ten 6"*: years and
one day to t'elve 6"): years of imprisonment#
SEC# <5# Penalty for the .oss' "isuse' Diversion or Dissipation of Seized' Se-uestered
and Frozen 2an# Deposits' Placements' Trust Accounts' Assets and Records# $ %ny
person 'ho is responsible for the loss- misuse- diversion- or dissipation of the 'hole or
any part of the sei/ed- se0uestered and fro/en ban& deposits- placements- trust
accounts- assets and records of a person suspected of or charged 'ith the crime of
terrorism or conspiracy to commit terrorism shall suffer the penalty of ten 6"*: years and
one day to t'elve 6"): years of imprisonment#
14
SEC# <<# Infidelity in the Custody of Detained Persons# $ %ny public officer 'ho has
direct custody of a detained person under the provisions of this %ct and 'ho by his
deliberate act- misconduct- or ine4cusable negligence causes or allo's the escape of
such detained person shall be guilty of an offense and shall suffer the penalty of: 6a:
t'elve 6"): years and one day to t'enty 6)*: years of imprisonment- if the detained
person has already been convicted and sentenced in a final 1udgment of a competent
court; and 6b: si4 6@: years and one day to t'elve 6"): years of imprisonment- if the
detained person has not been convicted and sentenced in a final 1udgment of a
competent court#
SEC# <?# Immunity and Protection of (overnment )itnesses# $ The provisions of
Republic %ct !o# @D>" 69itness Protection- Security and Benefits %ct: to the contrary
not'ithstanding- the immunity of government 'itnesses testifying under this %ct shall be
governed by Sections "+ and "> of Rule ""D of the Rules of Court: Provided- ho'ever-
That said 'itnesses shall be entitled to benefits granted to 'itnesses under said
Republic %ct !o# @D>"#
SEC# <@# Penalty for %nauthorized Revelation of Classified "aterials# $ The penalty of
ten 6"*: years and one day to t'elve 6"): years of imprisonment shall be imposed upon
any person- police or la' enforcement agent- 1udicial officer or civil servant 'ho- not
being authori/ed by the Court of %ppeals to do so- reveals in any manner or form any
classified information under this %ct#
SEC# <+# Penalty for Furnishing False !vidence' Forged Document' or Spurious
!vidence# $ The penalty of t'elve 6"): years and one day to t'enty 6)*: years of
imprisonment shall be imposed upon any person 'ho &no'ingly furnishes false
testimony- forged document or spurious evidence in any investigation or hearing under
this %ct#
SEC# <># Continuous Trial# 3 In cases of terrorism or conspiracy to commit terrorism- the
1udge shall set the case for continuous trial on a daily basis from 8onday to .riday or
other short3term trial calendar so as to ensure speedy trial#
SEC# <D# Prosecution %nder This Act Shall 2e a 2ar to Another Prosecution %nder the
Revised Penal Code or Any Special Penal .a4s# 3 9hen a person has been prosecuted
under a provision of this %ct- 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 ac0uittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any offense or felony 'hich is necessarily
included in the offense charged under this %ct#
SEC# ?*# Damages for %nproven Charge of Terrorism# $ Epon ac0uittal- any person
'ho is accused of terrorism shall be entitled to the payment of damages in the amount
of .ive Hundred Thousand Pesos 6P?**-***#**: for every day that he or she has been
detained or deprived of liberty or arrested 'ithout a 'arrant as a result of such an
accusation# The amount of damages shall be automatically charged against the
appropriations of the police agency or the %nti3Terrorism Council that brought or
sanctioned the filing of the charges against the accused# It shall also be released 'ithin
fifteen 6"?: days from the date of the ac0uittal of the accused# The a'ard of damages
mentioned above shall be 'ithout pre1udice to the right of the ac0uitted accused to file
criminal or administrative charges against those responsible for charging him 'ith the
case of terrorism#
%ny officer- employee- personnel- or person 'ho delays the release or refuses to
release the amounts a'arded to the individual ac0uitted of the crime of terrorism as
directed in the paragraph immediately preceding shall suffer the penalty of si4 6@:
months of imprisonment#
15
If the deductions are less than the amounts due to the detained persons- the amount
needed to complete the compensation shall be ta&en from the current appropriations for
intelligence- emergency- social or other funds of the ffice of the President#
In the event that the amount cannot be covered by the current budget of the police or
la' enforcement agency concerned- the amount shall be automatically included in the
appropriations of the said agency for the coming year#
SEC# ?"# Duty to Record and Report the 0ame and Address of the Informant# 3 The
police or la' enforcement officers to 'hom the name of a suspect in the crime of
terrorism 'as first revealed shall record the real name and the specific address of the
informant#
The police or la' enforcement officials concerned shall report the informantFs name and
address to their superior officer 'ho shall transmit the information to the Congressional
versight Committee or to the proper court 'ithin five 6?: days after the suspect 'as
placed under arrest or his properties 'ere se0uestered- sei/ed or fro/en#
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# ?)# Applica/ility of the Revised Penal Code# 3 The provisions of Boo& I of the
Revised Penal Code shall be applicable to this %ct#
SEC# ?5# Anti5Terrorism Council# $ %n %nti3Terrorism Council- hereinafter referred to- for
brevity- as the (Council-, is hereby created# The members of the Council are: 6": the
E4ecutive Secretary- 'ho shall be its chairperson; 6): the Secretary of Gustice- 'ho shall
be its Hice Chairperson; and 65: the Secretary of .oreign %ffairs; 6<: the Secretary of
!ational Befense; 6?: the Secretary of the Interior and Cocal 7overnment; 6@: the
Secretary of .inance; and 6+: the !ational Security %dvisor- as its other members#
The Council shall implement this %ct and assume the responsibility for the proper and
effective implementation of the anti3terrorism policy of the country# The Council shall
&eep records of its proceedings and decisions# %ll records of the Council shall be
sub1ect to such security classifications as the Council may- in its 1udgment and
discretion- decide to adopt to safeguard the safety of the people- the security of the
Republic- and the 'elfare of the nation#
The !ational Intelligence Coordinating %gency shall be the Secretariat of the Council#
The Council shall define the po'ers- duties- and functions of the !ational Intelligence
Coordinating %gency as Secretariat of the Council# The !ational Bureau of
Investigation- the Bureau of Immigration- the ffice of Civil Befense- the Intelligence
Service of the %rmed .orces of the Philippines- the %nti38oney Caundering Council- the
Philippine Center on Transnational Crime- and the Philippine !ational Police intelligence
and investigative elements shall serve as support agencies for the Council#
The Council shall formulate and adopt comprehensive- ade0uate- efficient- and effective
anti3terrorism plans- programs- and counter3measures to suppress and eradicate
terrorism in the country and to protect the people from acts of terrorism# !othing herein
shall be interpreted to empo'er the %nti3Terrorism Council to e4ercise any 1udicial or
0uasi31udicial po'er or authority#
SEC# ?<# Functions of the Council# $ In pursuit of its mandate in the previous Section-
the Council shall have the follo'ing functions 'ith due regard for the rights of the people
as mandated by the Constitution and pertinent la's:
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"# .ormulate and adopt plans- programs and counter3measures against terrorists and
acts of terrorism in the country;
)# Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobili/e the entire nation against terrorism proscribed in this %ct;
5# Birect 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 %ct- and monitor the progress of their cases;
<# Establish and maintain comprehensive data3base information systems on terrorism-
terrorist activities- and counter3terrorism operations;
?# .ree/e the funds property- ban& deposits- placements- trust accounts- assets and
records belonging to a person suspected of or charged 'ith the crime of terrorism or
conspiracy to commit terrorism- pursuant to Republic %ct !o# D"@* other'ise &no'n as
the %nti38oney Caundering %ct of )**"- as amended;
@# 7rant monetary re'ards and other incentives to informers 'ho give vital information
leading to the apprehension- arrest- detention- prosecution- and conviction of person or
persons 'ho are liable for the crime of terrorism or conspiracy to commit terrorism;
+# Establish and maintain coordination 'ith and the cooperation and assistance of other
nations in the struggle against international terrorism; and
># Re0uest the Supreme Court to designate specific divisions of the Court of %ppeals
and regional trial courts in 8anila- Cebu City and Cagayan de ro 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 Gustice shall assign a team of
prosecutors from: 6a: Cu/on to handle terrorism cases filed in the regional trial court in
8anila; 6b: from the Hisayas to handle cases filed in Cebu City; and 6c: from 8indanao
to handle cases filed in Cagayan de ro City#
SEC# ??# Role of the Commission on 6uman Rights# 3 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 %ct; and for
this purpose- the Commission shall have the concurrent 1urisdiction to prosecute public
officials- la' enforcers- and other persons 'ho may have violated the civil and political
rights of persons suspected of- accused of- or detained for the crime of terrorism or
conspiracy to commit terrorism#
SEC# ?@# Creation of a (rievance Committee# 3 There is hereby created a 7rievance
Committee composed of the mbudsman- as chair- and the Solicitor 7eneral- and an
undersecretary from the Bepartment of Gustice 6BG:- as members- to receive and
evaluate complaints against the actuations of the police and la' enforcement officials in
the implementation of this %ct# The Committee shall hold office in 8anila#
The Committee shall have three 65: subcommittees that 'ill be respectively headed by
the Beputy mbudsmen in Cu/on- the Hisayas and 8indanao# The subcommittees shall
respectively hold office at the ffices of Beputy mbudsmen# Three 65: %ssistant
Solicitors 7eneral designated by the Solicitor 7eneral- and the regional prosecutors of
the BG assigned to the regions 'here the Beputy mbudsmen hold office shall be
members thereof# The three 65: subcommittees shall assist the 7rievance Committee in
receiving- investigating and evaluating complaints against the police and other la'
enforcement officers in the implementation of the %ct# If the evidence 'arrants it- they
may file the appropriate cases against the erring police and la' enforcement officers#
Enless seasonably diso'ned or denounced by the complainants- decisions or
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1udgments in the said cases shall preclude the filing of other cases based on the same
cause or causes of action as those that 'ere filed 'ith the 7rievance Committee or its
branches#
SEC# ?+# 2an on !1traordinary Rendition# 3 !o person suspected or convicted of the
crime of terrorism shall be sub1ected to e4traordinary rendition to any country unless his
or her testimony is needed for terrorist related police investigations or 1udicial 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 re0uesting country and transmitted
accordingly and approved by the Bepartment of Gustice#
SEC# ?># !1tra5Territorial Application of this Act# $ Sub1ect to the provision of an e4isting
treaty of 'hich the Philippines is a signatory and to any contrary provision of any la' of
preferential application- the provisions of this %ct shall apply: 6": to individual persons
'ho commit any of the crimes defined and punished in this %ct 'ithin the terrestrial
domain- interior 'aters- maritime /one- and airspace of the Philippines; 6): to individual
persons 'ho- although physically outside the territorial limits of the Philippines- commit-
conspire or plot to commit any of the crimes defined and punished in this %ct inside the
territorial limits of the Philippines; 65: to individual persons 'ho- although physically
outside the territorial limits of the Philippines- commit any of the said crimes on board
Philippine ship or Philippine airship; 6<: to individual persons 'ho commit any of said
crimes 'ithin any embassy- consulate- or diplomatic premises belonging to or occupied
by the Philippine government in an official capacity; 6?: to individual persons 'ho-
although physically outside the territorial limits of the Philippines- commit said crimes
against Philippine citi/ens or persons of Philippine descent- 'here their citi/enship or
ethnicity 'as a factor in the commission of the crime; and 6@: to individual persons 'ho-
although physically outside the territorial limits of the Philippines- commit said crimes
directly against the Philippine government#
SEC# ?D# Joint versight Committee# 3 There is hereby created a Goint versight
Committee to oversee the implementation of this %ct#
The versight Committee shall be composed of five 6?: members each from the Senate
and the House in addition to the Chairs of the Committees of Public rder of both
Houses 'ho shall also Chair the versight Committee in the order specified herein# The
membership of the Committee for every House shall at least have t'o 6): opposition or
minority members# The Goint versight Committee shall have its o'n independent
counsel#
The Chair of the Committee shall rotate every si4 6@: months 'ith the Senate chairing it
for the first si4 6@: months and the House for the ne4t si4 6@: months# In every case- the
ran&ing opposition or minority member of the Committee shall be the Hice Chair#
Epon the e4piration of one year after this %ct is approved by the President- the
Committee shall revie' the %ct particularly the provisions that authori/e the surveillance
of suspects of or persons charged 'ith the crime of terrorism# To that end- the
Committee shall summon the police and la' enforcement officers and the members of
the %nti3Terrorism Council and re0uire them to ans'er 0uestions from the members of
Congress and to submit a 'ritten report of the acts they have done in the
implementation of the la' including the manner in 'hich the persons suspected of or
charged 'ith the crime of terrorism have been dealt 'ith in their custody and from the
date 'hen the movements of the latter 'ere sub1ected to surveillance and his or her
correspondences- messages- conversations and the li&e 'ere listened to or sub1ected
to monitoring- recording and tapping#
9ithout pre1udice to its submitting other reports- the Committee shall render a semi3
annual report to both Houses of Congress# The report may include 'here necessary a
18
recommendation to reassess the effects of globali/ation on terrorist activities on the
people- provide a sunset clause to or amend any portion of the %ct or to repeal the %ct
in its entirety#
The courts dealing 'ith anti3terrorism cases shall submit to Congress and the President
a report every si4 6@: months of the status of anti3terrorism cases that have been filed
'ith them starting from the date this %ct is implemented#
SEC# @*# Separa/ility Clause# $ If for any reason any part or provision of this %ct is
declared unconstitutional or invalid- the other parts or provisions hereof 'hich are not
affected thereby shall remain and continue to be in full force and effect#
SEC# @"# Repealing Clause# $ %ll la's- decrees- e4ecutive orders- rules or regulations
or parts thereof- inconsistent 'ith the provisions of this %ct are hereby repealed-
amended- or modified accordingly#
SEC# @)# Special !ffectivity Clause# 3 %fter the bill shall have been signed into la' by
the President- the %ct shall be published in three 65: ne'spapers of national circulation;
three 65: ne'spapers of local circulation- one each in Ilocos !orte- Baguio City and
Pampanga; three 65: ne'spapers of local circulation- one each in Cebu- Iloilo and
Tacloban; and three 65: ne'spapers of local circulation- one each in Cagayan de ro-
Bavao and 7eneral Santos City#
The title of the %ct and its provisions defining the acts of terrorism that are punished
shall be aired everyday at primetime for seven 6+: days- morning- noon and night over
three 65: national television and radio net'or&s; three 65: radio and television net'or&s-
one each in Cebu- Tacloban and Iloilo; and in five 6?: radio and television net'or&s- one
each in Canao del Sur- Cagayan de ro- Bavao City- Cotabato City and Iamboanga
City# The publication in the ne'spapers of local circulation and the announcements over
local radio and television net'or&s shall be done in the dominant language of the
community#
%fter the publication re0uired above shall have been done- the %ct shall ta&e effect t'o
6): months after the elections are held in 8ay )**+#
Thereafter- the provisions of this %ct shall be automatically suspended one month
before and t'o months after the holding of any election#
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