JURISDICTION

A. Jurisdiction of Criminal Courts

Batas Pambansa Blg. 128 (1980)
Sec 20. Jurisdiction in criminal cases. - Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court,
tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of
the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.
Sec 32. Jurisdiction of Metropolitan Trial Court, Municipal trial Courts and Municipal Circuit
Trial Courts in criminal cases. - Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial
Courts, Municipal trial Courts and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offences punishable with imprisonment
not exceeding six years irrespective of the amount to fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offences or predicated thereon, irrespective of kind, nature, value, or amount
thereof: Provided, however, That in offences involving damage to property through
criminal negligence they shall have exclusive original jurisdiction thereof. (as
amended by R.A. No. 7961)
Sec 35. Special jurisdiction in certain cases. In the absence of all the Regional Trial
Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or
applications for bail in criminal cases in the province or city where the absent Regional
Trial Judges sit.
Sec 36. Summary procedures in special cases. In Metropolitan Trial Courts and
Municipal Trial Courts with at least two branches, the Supreme Court may designate one
or more branches thereof to try exclusively forcible entry and unlawful detainer cases,
those involving violations of traffic laws, rules and regulations, violations of the rental law,
and such other cases requiring summary disposition as the Supreme Court may
determine. The Supreme Court shall adopt special rules or procedures applicable to such
cases in order to achieve an expeditious and inexpensive determination thereof without
regard to technical rules. Such simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing
pleadings shall be non-extendible.

Revised Rule on Summary Procedure (1991)

Sec 1. Scope. - This rule shall govern the summary procedure in Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the Municipal trial Courts, and the Municipal
Circuit Trial Courts in the following cases falling within their jurisdiction:
B. Criminal Cases:
(1) Violations of traffic laws, rules, and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances
(4) All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding 1,000 pesos or both,
irrespective of other imposable penalties, accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in offenses involving damage to property
through criminal negligence, this Rule shall govern where the imposable fine does not
exceed 10,000 pesos.
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in
the same complaint with another cause of action subject to the ordinary procedure; nor to
a criminal case where the offense charged is necessarily related to another criminal case
subject to the ordinary procedure.
Sec 11. How commenced. - The filing of criminal cases falling within the scope of this
Rule shall be either by complaint or by information: Provided, however, that in Metropolitan
Manila and in Chartered Cities, such cases shall be commenced only by information,
except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the complaint and
of his witnesses in such number of copies as there are accused plus two copes for the
courts files. If this requirement is not complied with within five days from date of filing, the
case may be dismissed.
Sec 12. Duty of court. (a) If commenced by complaint. - On the basis of the complaint and the affidavits and
other evidence accompanying the same, the court may dismiss the case outright for
being patently without basis or merit and order the release of the amused if in custody.
(b) If commenced by information. - When the case is commenced by information, or is not
dismissed pursuant to the next preceding paragraph, the court shall issue an order
which, together with copes of the affidavits and other evidence submitted by the
prosecution, shall require the accused to submit his counter-affidavit and the affidavits
of his witnesses as well as any evidence in his behalf, serving copies thereof on the
complainant or prosecutor not later than ten (10) days from receipt of said order. The

prosecution may file reply affidavits within ten (10) days after receipt of the counteraffidavits of the defense.
Sec 13. Arraignment and Trial. - Should the court, upon a consideration of the complaint
or information and the affidavits submitted by both parties, find no cause or ground to hold
the accused for trial, it shall order the dismissal of the case; otherwise the court shall set
the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if
he enters a plea of guilty, he shall forthwith be sentenced.
Sec 14. Preliminary conference. - Before conducting the trial, the court shall call the
parties to a preliminary conference during which a stipulation of facts may be entered into,
or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be
considered, or such other matters may be taken up to clarify the issues and the ensure a
speedy disposition of the case. However, no admission by the accused shall be used
against him unless reduced to writing and signed by the accused and his counsel. A
refusal or failure to stipulate shall not prejudice the accused.
Sec 15. Procedure of Trial. - At the trial, the affidavits submitted by the parties shall
constitute the direct testimonies of the witnesses who executed the same. Witnesses who
testified may be subject to cross-examination, redirect or re-cross examination. Should the
affiant fail to testify, his affidavit shall not be considered as competent evidence for the
party presenting the affidavit, but the adverse party may utilize the same for any
admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit
was previously submitted to the court in accordance with Sec 12 hereof.
However, should a party desire to present additional affidavits or counter-affidavits as part
of his direct evidence, he shall so manifest during the preliminary conference, stating the
purpose thereof. If allowed by the court, the additional affidavits of the prosecution or the
counter-affidavits of the defense shall be submitted to the court and served on the adverse
party not later than three days after the termination of the preliminary conference. If the
additional affidavits are presented by the prosecution, the accused may fail his counteraffidavits and serve the same on the prosecution within three days from such service.
Sec 16. Arrest of the Accused. - The court shall not order the arrest of the accused
except for failure to appear whenever required. Release of the person arrested shall either
be on bail or on recognizance by a responsible citizen acceptable to the court.
Sec 17. Judgment. - Where a trial has been conducted, the court shall promulgate the
judgment not later than thirty (30) days after the termination of trial.
Sec 18. Referral to Lupon. - Cases requiring referral to the Lupon for conciliation under
the provisions of Presidential Decree No. 1508 where there is no showing of compliance
with such requirement, shall be dismissed without prejudice and may be revived only after

such requirement shall have been complied with. This provision shall not apply to criminal
cases where the accused was arrested without a warrant.
Sec 19. Prohibited pleadings and motions. - The following pleadings, motions, or
petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information except on
the ground of lack of jurisdiction over the subject matter, or failure to comply with
the preceding Sec;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec 20. Affidavits. - The affidavits required to be submitted under this Rule shall state
only facts of direct personal knowledge of the affiants which are admissible in evidence,
and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the same
to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion
thereof from the record.
Sec 21. Appeal. - The judgement or final order shall be appealable to the appropriate
regional trial court which shall decide the same in accordance with Sec 22 of Batas
Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by the
Rule, including forcible entry and unlawful detainer, shall be immediately executory,
without prejudice to a further appeal that may be taken therefrom. Sec 10 of Rule 70 shall
be deemed repealed.
Sec 22. Applicability of the regular rules. - The regular procedure prescribed in the
Rules of Court shall apply to the special cases herein provided for in a suppletory capacity
insofar as they are not inconsistent herewith.

Sec 23. Effectivity. - This revised Rule on Summary Procedure shall be effective on
November 15, 1991.

Presidential Decree No. 1606 (1987)

Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As
SANDIGANBAYAN And For Other Purposes.
Sec 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
(a) Violation of Republic Act 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, and Republic Act 1379;
(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised
Penal Code, whether simple or complexed with other crimes;
(c) Other crimes or offenses committed by public officers or employees, including those
employed in government-owned or controlled corporations, in relation to their office.
Th jurisdiction herein conferred shall be original and exclusive if the offense charged is
punishable by a penalty higher than prison correccional, or its equivalent, except as herein
provided; in other offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals, accomplices, or accessories with
the public officers or employees including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees.
Where an accused is tried for any of the above offense and the evidence is insufficient to
establish the offense charged, he may nevertheless be convicted and sentenced for the
offense proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability arising from the
offense charged shall at all times be simultaneously instituted with, and jointly determined
in the same proceeding by, the Sandiganbayan, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to reserve the
filing of such action shall be recognized; Provided, however, that in cases within the
exclusive jurisdiction of the Sandiganbayan, where the civil action had therefore been filed
separately with a regular court but judgment therein has not yet been rendered and the
criminal case is hereafter filed with the Sandiganbayan, said civil action shall be
transferred to the Sandiganbayan for consolidation and joint determination with the
criminal action, otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filed
and prosecuted only in the regular courts of competent jurisdiction; Provided, further, that,
in cases within the concurrent jurisdiction of the Sandiganbayan and the regular courts,
where either the criminal or civil action is first filed with the regular courts, the

corresponding civil or criminal actions, as the may be shall only be filed with the regular
courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases against
officers and members of the armed forces in the active service.

A.M. No. 02-6-07-SB (August 28, 2002)

RE: Revised Internal Rules of the the Sandiganbayan
Part I
GENERAL PROVISIONS
Rule 1
Title, Coverage, and Construction
Sec 1. Title of the Rules. These Rules shall be known and cited as the REVISED
INTERNAL RULES OF THE SANDIGANBAYAN.
Sec 2. Coverage - These Rules shall apply to the internal operations of the
Sandiganbayan.
The Rules of Court, resolutions, circulars, and other issuances promulgated by the
Supreme Court relating to or affecting the Regional Trial Courts and the Curt of Appeals,
insofar as applicable, shall govern all actions and proceedings filed with the
Sandiganbayan.
Sec 3. Construction. - These Rules shall be liberally construed to promote a just,
expeditious, and inexpensive determination of every action and proceeding brought before
the Sandiganbayan.

Rule II
Organizational Set-up
Sec 1. Composition of the Court and Rule on Precedence. (a) Composition - The Sandiganbayan is composed of a Presiding Justive and 14
Associate Justices appointed by the President of the Philippines.
(b) Rule on Precedence - The Presiding Justice shall enjoy precedence over the other
members of the Sandiganbayan in all official functions. The Associate Justices shall
have precedence according to the order of their appointments.
(c) The Rule on Precedence shall apply:
(1) In the seating arrangement;

(2) In the choice of office space, facilities and equipment, transportation and
cottages;
(d) The Rule on Precedence shall not be observed:
(1) In social and other non-official functions.
(2) To justify any variation in the assignment of cases, amount of compensation,
allowances or other forms of remuneration.
Sec 2. Sandiganbayan En banc. - The Sandiganbayan en banc shall have exclusive
control, direction, and supervision of all matters pertaining to the conduct of its affairs. The
Presiding Justice shall implement the policies and resolutions adopted by the
Sandiganbayan en banc.
Sec 3. Constitution of the Division. - The Sandiganbayan shall sit in five (5) Divisions of
three (3) Justices each, including the Presiding Justice. The five (5) Divisions may sit
separately at the same time. Each of the five (5) most senior Associate Justices including
the Presiding Justice, shall be the Chairman of a Division; each of the five (5) Associate
Justices next in rank shall be the Senior Member of a Division; and each of the last five (5)
Associate Justices shall be the Junior Member of a Division.
Sec 4. Filling up of Vacancy due to Absence or Temporary Incapacity.
(a) In the office of the Presiding Justice to exercise the powers and perform the duties
of his office, the most senior Associate Justice shall act as Presiding Justice under
the regular Presiding Justice returns and reassumed his office, or his incapacity is
removed.
(b) In the position of Division Chairman - In the absence or temporary incapacity of a
Chairman of a Division, the Senior Member of said Division shall act as Chairman;
in the absence or temporary incapacity of both the Chairman and Senior Member of
a Division, the Junior Member of said Division shall act as Chairman,
notwithstanding the seniority of the Special Members designated to complete the
membership of said Division. The Senior Member of Junior Member, as the case
may be, shall act as Chairman until the regular Chairman re-assumes his office or
his incapacity is removed.
(c) In the position of Senior of Junior Member - In the absence or temporary incapacity
of a Senior of Junior Member of a Division, the Presiding Justice shall designate an
Associate Justice of the Court from any of the other Divisions, to be determined by
rotation on the basis of the reverse order of precedence or, it this be not feasible,
by raffle among those available, to sit as Special Member of said Division until the
regular member re-assumes his office or his incapacity is removed. The Associate
Justice so designated shall continue as a regular member of his own Division.
(d) Authority and Prerogatives of acting Chairman and Special Member so designated
pursuant to paragraphs (b) and (c) above shall exercise the authority and

prerogatives of a regular Chairman or Member of said Division, as the case may

be, in the trial or resolution of cases assigned thereto.
Sec 5. Filling Up of Permanent Vacancy.
(a) In the position of the Presiding Justice - A permanent vacancy in the position of
Presiding Justice shall be filled by a new Presiding Justice duly appointed by the
President of the Philippines. In the interim, the most senior Associate Justice shall
exercise the powers and perform the duties of the Presiding Justice.
(b) In the position of a Division Chairman - If a permanent vacancy occurs in the
position of Chairman of a Division, the most senior Associate Justice in the
Sandiganbayan who is not yet a Chairman shall become Chairman of that Division.
(c) In the position of Senior Member of a Division - If a permanent vacancy occurs in
the position of Senior Member of a Division, the most senior ranking among the Junior
Members of the Sandiganbayan shall become Senior Member of the Division.
(d) In the position of Junior Member of a Division - If a permanent vacancy occurs in
the position of Junior Member of a Division, the Associate Justice appointed by the
President of the Philippines shall be the Junior Member of the Division.
(e) In the positions of Senior and Junior Members of a Division - If permanent
vacancies occur simultaneously in the positions of Senior and Junior Members of a
Division, the vacancies shall be filled in the manner stated in the preceding paragraphs
(c) and (d).
(f) Effect of the Appointment of a New Associate Justice - The appointment of a new
Associate Justice and his assumption of the vacant position in the Division as its Junior
Member shall not disturb the composition of the other Divisions and shall not prejudice
the consequent changes in the ranking or seniority among the Associate Justices.
(g) Ranking Within a Division Does Not Affect Seniority in the Sandiganbayan - The
ranking of the Associate Justices within each Division does not affect their seniority in
the Sandiganbayan which is based on the order of their respective appointments.
Sec 6. Court Officials and their Duties. (a) Clerk of Court - The Clerk of Court is the administrative officer of the
Sandiganbayan. He shall discharge his functions under the control and supervision of
the Sandiganbayan en banc through the Presiding Justice.
As administrative officer, he shall take direct charge of the administrative operations of
the Sandiganbayan and exercise general supervision over its subordinate officials and
employees except those belonging to the staff of the Presiding Justice and the
Associate Justices. He shall assist the Presiding Justice in the formulation of programs
and policies for consideration and action of the Sandiganbayan en banc. The Clerk of
Court shall act as its Secretariat and prepare its agenda, minutes of meetings and
resolutions.

(b) Division Clerks of Court - Each Division of the Sandiganbayan shall have a staff
composed of one (1) Division Clerk of Court and such personnel as the exigencies of
the service may require.
(1) In the exercise of their functions, the Division Clerk of Court and the staff shall
be under the control and supervision of the Division through its Chairman.
(2) The Division Clerk of Court shall have, among other duties and responsibilities,
direct control and supervision over the staff of the Division; keep watch over the
status and progress of cases assigned to the Division; monitor papers, pleadings
and motions filed with the Receiving Sec in connection with any pending case and
update the records of cases to be acted upon by the Division, both in the
completion process and decisional stage, such as, but not limited to, the filing of
briefs, memoranda and other legal papers within the allowable periods, preparation
of the agenda of motions and other incidental matters for action by the Division;
release minute resolutions, notices of decisions, resolutions and hearings,
summonses, subpoenas, writs and other processes by and under the authority of
the Chairman of the Division; supervise the stenographers in the recording of the
proceedings and preparation of its minutes; receive the decisions and resolutions of
the Division for promulgation; and make entries of judgment in accordance with the
Rules of Court.
(3) The Division Clerk of Court shall immediately report to the Chairman and
Members of the Division the failure of any party to comply with any resolution or
order of the Sandiganbayan within the period prescribed therefor.
Sec 7. Appointment of Court Officials and Other Employees. The Supreme Court shall appoint the Clerk of Court, the Division Clerks of Court and all
other personnel of the Sandiganbayan upon recommendation of the Sandiganbayan en
banc chosen from a list of qualified applicants prepared in accordance with the Civil
Service Law, rules and regulations.
All resignations and terminations of services of officials and employees of the Court shall
be submitted by the Sandiganbayan en banc through the Presiding Justice to the Supreme
Court for appropriate action.
Sec 8. Standing Committees. - The following standing committees, each composed of a
Chairman and at least two (2) members, all of whom are appointed by the Sandiganbayan
en banc, shall assist the Sandiganbayan in the following administrative matters:
(a) Committee on Personnel - On matters involving personnel such as recruitment,
appointment, monitoring of leaves of absence, training, change of organizational
structure, creation of positions, discipline, retirement and termination of services.
(b) Committee on Budget and Finance - On matters involving: (1) the preparation of
annual budget for submission to the Sandiganbayan en banc for approval, (2) allotment
of funds, (3) accounting, and (4) all financial transactions.

(c) Committee on Security and Safety - On matters involving: (1) formulation of security
policies, (2) enforcement and implementation of safety measures such as wearing of
I.D. cards, control of visitors, etc.
(d) Committee on Records Management and Information Service - On matters
involving the management of records, information, statistical data and computerization.
(e) Committee on Employee Welfare and Benefits - On matters involving: (1) creation
and maintenance of medical and dental services, (2) establishment and operation of a
health and welfare plan, (3) establishment and supervision of canteen for Justices,
officials and employees, cultural and sports activities, (4) maintenance of shuttle buses
and other equipment for employees and, (5) other related matters regarding employee
welfare and benefits.
(f) Committee on Legal and Research Services - On matters involving library services,
publication of decisions and circulars of the Sandiganbayan, research on Legal issues
and other related matters referred to it by the Sandiganbayan.
(g) Committee on Buildings and Grounds - On matters involving: (1) the construction,
repairs, improvements and maintenance of buildings and grounds, (2) the installation of
safety and necessary devices, (3) formulation and submission of proposals for the
acquisition of sites, construction and maintenance of buildings for the Sandiganbayan's
sessions outside Metro Manila.
(h) Committee on Purchase and Acquisition of Facilities, Equipment and Supplies - On
matters involving the purchase, acquisition, maintenance and disposal of vehicles,
office equipment, supplies, books, computers and furniture of the Sandiganbayan, and
conducting required biddings and awards in relation thereto.
(i) Committee on Rules - On matters involving the revision of the internal rules,
circulars and administrative orders of the Sandiganbayan.
(j) Committee on Raffle of Cases - On matters involving the raffle and assignment of
cases, the conduct of the regular raffle of cases filed with the Sandiganbayan,
classification of cases for purposes of consolidation before the scheduled raffle, and
the propriety and legality of conducting a special raffle of particular cases motu proprio
or upon motion of a litigant.
(k) Committee on Social Affairs and Liaison - On matters involving the social activities
of the Sandiganbayan, and liaison with other government offices and agencies.
The Presiding Justice shall be a non-voting ex-officio member of all standing committees.
The members of the standing committee shall serve for a term of one (1) year from date of
appointment by the Sandiganbayan en banc.
The foregoing notwithstanding, the Sandiganbayan may create ad hoc committees for
specific projects or undertakings. It may also modify the functions and responsibilities of
the standing committees as the need therefor arises.

The various standing and ad hoc committees shall submit their recommendations to the
Sandiganbayan en banc for appropriate action.

RULE III
Power and Functions of the Sandiganbayan
Sec 1. Exercise of Adjudicatory Powers and Functions. - The Sandiganbayan shall
exercise its adjudicatory powers, functions and duties through its five (5) Divisions. It sits
en banc for the exercise of its administrative, ceremonial and non-adjudicatory functions.
Sec 2. Matters Cognizable by the Sandiganbayan En banc. - The Sandiganbayan shall
sit en banc to:
(a) Promulgate rules or orders, amend, revise or repeal existing rules or orders or parts
thereof, and formulate and adopt policies relative to administrative matters, such as the
distribution of cases and the internal operation and management of the Court.
(b) Recommend to the Supreme Court the appointment of the Clerk of Court, Division
Clerks of Court and other court employees chosen from a list of all qualified applicants
for each vacant position prepared in accordance with the Civil Service Law rules and
regulations, except for positions that are confidential in nature and co-terminous with
the term of office of a particular Associate Justice to whom they are assigned who shall
make the proper endorsement to the Sandiganbayan en banc for recommendation to
the Supreme Court.
(c) Act on organizational matters, such as the creation or abolition of offices, unit or
service or their regrouping or merger as the exigencies of the service may require.
(d) Receive foreign and local dignitaries, important guests and visitors, honor a
colleague or retiring member of the Sandiganbayan, and hold appropriate funeral
services for deceased members.
(e) Adopt uniform administrative measures, procedures, and policies for the protection
and preservation of the integrity of the judicial processes, the speedy disposition of
cases and the promotion of efficiency of the personnel.
(f) Provide a forum for discussion of various issues or matters.
(g) Take up other administrative matters which the Presiding Justice or any member of
the Sandiganbayan may suggest for consideration.
Sec 3. Supreme Court Creation of Special Division. -

The Sandiganbayan en banc may request or recommend to the Supreme Court the
creation of a Special Division to try cases where compelling reasons and the interest of
justice so require.

PART II
ORIGINAL ACTIONS
RULE IV
Sessions and Trials
Sec 1. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its
principal office in the Metro Manila area and shall hold sessions thereat for the trial and
resolution of cases filed with it: Provided, however, that cases originating from Luzon,
Visayas and Mindanao, shall be heard in the region of origin, except only when the greater
convenience of the parties and of the witnesses or other compelling considerations require
the contrary, in which instance a case originating from one region may be heard in another
region: Provided, further, that for this purpose the Presiding Justice shall authorize any
Division or Divisions of the Sandiganbayan to hold sessions at any time and place outside
Metro Manila, and, where the greater interest of justice so requires, outside the
Philippines.
Sec 2. Support Personnel and Facilities In Sessions Outside of Principal Office in
Metro Manila. - In sessions outside of its principal office in Metro Manila, the
Sandiganbayan may require the services of the personnel and the use of facilities of the
courts or other government offices where any of the Divisions is holding sessions and the
personnel of such courts or offices shall be subject to the orders of the Sandiganbayan
acting through the Chairman of the Division.
Sec 3. Regular Court Sessions. (a) Sandiganbayan En banc. - The regular sessions of the Sandiganbayan en banc
shall be held at least twice a month on a Friday morning, particularly on the first and
third week of the month. The Presiding Justice or at least eight (8) Associate Justices
may call a special session at another date and time.
(b) Divisions - Regular sessions for trial of cases brought to and cognizable by the
Sandiganbayan shall be from 8:30 A.M. at 12:00 noon or from 2:00 P.M. to 4:30 P.M.,
from Monday to Friday. The Division Chairman, however, for urgent and valid reasons,
may schedule the hearing of a case assigned to his Division on other dates and time
after consultation with the parties.

RULE V
Issuance of Processes
Sec 1. Writs and Processes Issued By The Court. - Writs and processes of the
Sandiganbayan, such as arrest or search warrants, which by requirement of law or the
Rules of Court must be signed by a Justice, shall be issued by the Chairman of the
Division, or in his absence, the Senior Member in the Division, or, in the absence of the
latter, the Junior Member. However, where there is an urgent necessity for the issuance
thereof before the case is raffled to a Division, the writ or process shall be issued by the
Presiding Justice. In the absence of the Presiding Justice, the same shall be issued by the
most senior Associate Justice of the Sandiganbayan in attendance.
Sec 2. Writs and Processes Issued by Clerks of Court. - All other writs and processes
shall be issued by the Clerk of Court or the Division Clerk of Court, upon order of the
Division through the Chairman or anyone acting as such, under the seal of the
Sandiganbayan.

RULE VI
Bail
Sec 1. How Amount Fixed; Approval. - The amount of bail to be posted in cases of
bailable offenses shall be fixed by the Chairman of the Division to which they are assigned
or any Justice of the Division acting in his behalf. Such bail may be approved by any
Justice of the Division to where the case is assigned or in their absence, by any Justice of
the Sandiganbayan. The approved bail shall be immediately submitted to the members of
the Division for confirmation. Where none of the Justices of the Sandiganbayan is
available or where the accused is arrested, detained or otherwise placed in custody
outside the Metro Manila area, Secs 17 and 19, Rule114 of the Rules of Criminal
Procedure shall apply.

RULE VII
Motions
Sec 1. Motion Day. - Except for motions which may be acted upon ex parte, all motions
shall be scheduled for hearings on a Friday, or if that day is a non-working holiday, on the
next working day.
Motions requiring immediate action may be acted upon on shorter notice.
In appealed cases, the provision of Sec. 3, Rule 49 of the 1997 Rules of Civil Procedure,
as amended, on Motions shall apply.
Sec 2. Resolution on Interlocutory or Incidental Motions. - Rulings on all written
motions on interlocutory or incidental matters submitted to any regular Division for

resolution shall be reached in consultation among and by the unanimous vote of the three
(3) Justices participating in the consideration thereof: Provided, however, that rulings on
oral motions or objections made in the course of the trial or hearing shall be made by the
Chairman of the Division: Provided, further, that oral motions or objections on substantial
but interlocutory or incidental matters may be ordered reduced into writing and shall
likewise be resolved by the unanimous vote of the three (3) Justices of the Division.
In case a unanimous vote cannot be obtained, a Special Division of five (5) Justices shall
be constituted pursuant to Sec 1(b), Rule VIII. A majority vote of such Special Division
shall suffice to decide interlocutory or incidental motions.
A demurrer to evidence shall be resolved or decided within ninety (90) days from its
submission.

RULE VIII
Rendition of Judgment or Final Order
Sec 1. Votes Required to Decide. (a) En banc. - The vote of at least eight (8) members of the Sandiganbayan shall be
required for the adoption of a resolution.
(b) In Division - The unanimous vote of three (3) Justices in a Division shall be
necessary for the rendition of a judgment or final order. In the event a unanimous vote
is not obtained, the Presiding Justice shall designate by raffle and on rotation basis two
(2) Justices from all the other members of the Sandiganbayan to sit temporarily with
them, forming a Special Division of five (5) Justices, and the vote of a majority of such
Special Division shall be necessary for the rendition of a judgment or final order.
Sec 2. Procedure in Deciding Cases. - The conclusions of a regular or Special Division
of the Sandiganbayan in any case submitted to it for decision shall be reached in
consultation among the members thereof before the case is assigned to one of them for
the writing of the opinion of the Division.
A certification to this effect signed by the Presiding Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any Member who
took no part, dissented or abstained from a decision or resolution must state the reason
therefor.
Sec 3. Judgment in Joint Trials. - In a joint trial involving more than one case, the
Division may render a joint or separate judgment when appropriate. In case there are more
than one (1) accused, the Division may also render judgment, for or against one or more of
the accused, when proper. In either case, where the required unanimous vote is not
secured, a Special Division of five (5) Justices shall be constituted to resolve the remaining
case or the criminal or civil liability of the remaining accused. In such case, a vote of the
majority shall be required.

Sec 4. Promulgation of Judgment. - A judgment in a criminal case of a Division of the

Sandiganbayan shall be promulgated by reading the judgment or sentence in the presence
of the accused and any member of the Division which rendered the judgment.
In case an incident arises during the promulgation, the same shall be submitted in writing
for resolution to the Division which rendered the judgment.
Where the judgment is promulgated outside Metro Manila, the Division which rendered the
judgment may authorize another Division sitting outside Metro Manila to promulgate the
judgment and resolve all incidents during the promulgation therein.
In the absence of the accused, Sec. 6, Rule 120 of the Revised Rules of Court shall apply.

RULE IX
Motion for New Trial or Reconsideration
Sec 1. Period to File Motion For New Trial or Reconsideration. - A Motion for New Trial
or Reconsideration of a decision or final order may be filed within fifteen (15) days from
promulgation of the judgment or from notice of the final order or judgment, and such
Motion shall be decided within thirty (30) days from its submission.
Sec 2. The Justices Who Shall Act on a Motion for New Trial or Reconsideration. (a) Motions for New Trial or Reconsideration of a decision or resolution shall be acted
upon by the Ponente and the other members of the Division who participated in the
decision or resolution sought to be reconsidered, irrespective of whether or not such
members are already in other divisions at the time the said motions were filed. They
shall be deemed constituted as a Special Division of the Division to which the Ponente
belonged at the time of the promulgation of the decision or resolution.
(b) If the Ponente is no longer a member of the Sandiganbayan or is disqualified or has
inhibited himself from acting on the motion, he shall be replaced by another Justice
who shall be chosen by raffle from among the remaining members of the Division who
participated in the decision or resolution and who concurred therein.
(c) If only one (1) member of the Division who participated and concurred in the
decision or resolution remains, he shall be the Ponente.
(d) Any vacancy in the Special Division shall be filled by raffle from among the other
members of the Sandiganbayan to constitute a Special Division of five (5) members.
(e) If the Ponente and all members of the Division that rendered the decision or
resolution are no longer members of the Sandiganbayan, the new Chairman may
assign the case to any member of the Division and the motion shall be acted upon by
him with the participation of the other members of the Division.

(f) Motions for reconsideration shall be resolved by a Division by unanimous vote of its
members, and in case of a Special Division of five (5), by the concurrence of a least
three (3) of its members.
Sec 3. Grounds for New Trial in Civil Cases. - A new trial may be granted in civil cases
decided by the Sandiganbayan in the exercise of its original jurisdiction on the grounds
provided in Sec 1 of Rule 37 of the 1997 Rules of Civil Procedure.
In civil cases appealed to or decided by the Sandiganbayan, a new trial may be granted on
the ground provided in Sec 1 of Rule 53 of the 1997 Rules of Civil Procedure.
Sec 4. Grounds for New Trial in Criminal Cases. - A new trial may be granted in criminal
cases decided by the Sandiganbayan in the exercise of its original jurisdiction on the
grounds provided in Sec. 2 of Rule 121 or on the ground provided in Sec. 14, Rule 124 of
the Rules of Criminal Procedure in criminal cases appealed to or decided by the
Sandiganbayan.
Sec 5. Effect of Granting a New Trial. - When a new trial is granted in civil cases, the
provisions of Rule 37 or Rule 53 shall apply in the proper case. When a new trial is
granted in criminal cases, Rule 121 or Rule 124 shall apply in the proper case.
Sec 6. Period to Decide Case on New Trial. - When a New Trial is granted in the cases
under the immediately preceding Secs 3, 4, and 5, the same period of time granted to the
Sandiganbayan to decide a case submitted for decision shall apply.
Sec 7. Form of Disposition. - In all cases where the Sandiganbayan grants new trial or
reconsideration, the original judgment shall be set aside or vacated and a new or amended
judgment rendered accordingly.
Sec 8. Effect of Filing an Appeal in the Supreme Court. - No Motion for
Reconsideration or New Trial shall be acted upon if the movant has filed with the Supreme
Court an appeal by certiorari or a motion for extension of time to file such petition. The
Motion for Reconsideration or New Trial pending with the Sandiganbayan shall be deemed
abandoned upon the filing of the petition.

RULE X
Review of Judgements and Final Orders
Sec 1. Method of Review. (a) In General - A party may appeal from a judgment or final order of the
Sandiganbayan imposing or affirming a penalty less than death, life imprisonment or
reclusion perpetua in criminal cases, and, in civil cases, by filing with the Supreme
Court a petition for review on certiorari in accordance with Rule 45 of the 1997 Rules of
Civil Procedure.

(b) Exceptions - Where the judgment or final order of the Sandiganbayan, in the
exercise of its original jurisdiction, imposes the penalty of life imprisonment or reclusion
perpetua or where a lesser penalty is imposed involving offenses committed on the
same occasion or which arose out of the same occurrence that gave rise to the more
serious offense for which the penalty of death, reclusion perpetua or life imprisonment
is imposed, the appeal shall be taken by filing a notice of appeal with the
Sandiganbayan and serving a copy thereof to the adverse party.
(c) Automatic Appeal - Whenever the Sandiganbayan in the exercise of its original
jurisdiction imposes the death penalty, the records shall be forwarded to the Supreme
Court for automatic review and judgment within five (5) days after the fifteenth (15th)
day following the promulgation of the judgment or notice of denial of a Motion for New
Trial or Reconsideration. The transcript shall also be forwarded within ten (10) days
after the filing thereof by the stenographic reporter.
Whenever the Sandiganbayan, in the exercise of its appellate jurisdiction, finds that the
penalty of death, reclusion perpetua or life imprisonment should be imposed, it shall
render judgment accordingly, However, it shall refrain from entering the judgment and
forthwith certify the case and elevate its entire record to the Supreme Court for review.
(d) Form, Finality and Enforcement of Decisions and Final Orders - Sec 7 of
Presidential Decree No. 1606, as amended, governs the form, finality and enforcement
of decisions and final orders rendered by the Sandiganbayan through its Divisions.
PART III
MODES OF APPEAL TO THE SANDIGANBAYAN
RULE XI
Appeal and Petition for Review
Sec 1. Ordinary Appeal. - Appeal to the Sandiganbayan from a decision rendered by a
Regional Trial Court in the exercise of its original jurisdiction shall be by ordinary appeal
under Rules 41 and 44 of the 1997 Rules of Civil Procedure or Rules 122 and 124 of the
Rules of Criminal Procedure as amended, as the case may be.
Sec 2. Petition for Review. - Appeal to the Sandiganbayan from a decision of the
Regional Trial Court in the exercise of its appellate jurisdiction shall be by Petition for
Review under Rule 42 of the 1997 Rules o Civil Procedure.

PART IV
PROVISIONS COMMON TO ORIGINAL AND APPEALED CASES AND PETITIONS FOR
REVIEW

RULE XII

Assignment, Distribution, and Consolidation of Cases

Sec 1. Distribution of Cases. - All cases filed with the Sandiganbayan shall be distributed
among the five (5) Divisions for hearing and decision by regular raffle at 1:30 P.M. of every
Friday or if that day is a non-working day, on the next succeeding working day, at the
session hall of the First Division. A special raffle of a case may be conducted by the Raffle
Committee before the next regular raffle day for valid and urgent reasons determined by
the Chairman of the Raffle Committee or, in his absence, by any of the members thereof.
Sec 2. Consolidation of Cases. - Cases arising from the same incident or series of
incidents, or involving common questions of fact and law, may be consolidated in the
Division to which the case bearing the lowest docket number is raffled.
(a) Before Cases Are Raffled - Should the propriety of consolidation appear upon the
filing of the cases concerned as determined by the Raffle Committee, all such cases
shall be consolidated and considered as one case for purposes of the raffle and
inventory of pending cases assigned to each of the Divisions.
(b) After Cases Are Raffled - Should the propriety of such consolidation before
apparent only after the cases are raffled, consolidation may be effected upon written
motion of a litigant concerned filed with the Division taking cognizance of the case to be
consolidated. If the motion is granted, consolidation shall be made to the Division in
which the case with the lowest docket number is assigned. The Division to which the
cases are consolidated shall transfer to the Division from which the consolidated cases
came, an equivalent number of cases of approximately the same age, nature and stage
in the proceedings, with proper notice to the parties in said cases.
Sec 3. Assignment of Cases; Permanent. - Cases assigned to a Division of the
Sandiganbayan shall remain with said Division notwithstanding changes in its composition.
All matters raised therein shall be resolved by all the Justices who are members of the
Division at the time said matters were submitted for resolution. However, only such
Justices who are members of the Division at the time the case is submitted for decision
shall take part in the resolution of the case. If a member of the Division ceases to be a
member of the Sandiganbayan for any reason whatsoever, the Associate Justice chosen
to fill the vacancy in accordance with the manner provided in Sec. 4 or 5, Rule II of these
Rules shall participate in the resolution of said case.
Sec 4. Cases Submitted for Decision; Assignment to Ponente. (a) In original actions, a case shall be considered submitted for decision upon the filing
of the last pleading, brief or memorandum required by the Rules of Court or by the
Sandiganbayan or the expiration of the period to do so.
(b) In appealed cases and petitions for review, the case shall be deemed submitted for
decision or resolution upon the filing of the last pleading, brief or memorandum
required by the Revised Rules of Court or by the Court itself.

(c) Motions and other incidents in a case shall be deemed submitted for resolution
when so declared by the Court.
(d) Within five (5) days from submittal of the case or matter for decision or resolution,
the Chairman of the Division shall assign by raffle a member thereof to study and make
a report on the case or matter. If the Chairman fails to make the assignment, he shall
be deemed to be the one to study and report on the case.
(e) Within ninety (90) days from the time the case was submitted for decision or
resolution, the Justice to whom the case is assigned for study and report shall submit a
written report thereon to the other members of the Division for consultation. The
Chairman shall include the case in an agenda for a meeting of the Division for its
deliberation.
(f) After such deliberation, if the other members of the Division agree with the report,
the member to whom the case is assigned for study and report shall write the decision
for signature and immediate promulgation. Minutes of the meeting shall be kept.
(g) Within ten (10) days from the date of the deliberation, a justice may submit his
dissent to the other members of the Division. The written dissenting opinion shall not
be attached to the rollo. The Chairman of the Division shall then refer the case to the
Presiding Justice who shall designate by raffle two justices on rotation basis from all
the other members of the Sandiganbayan to sit temporarily with them, forming a
Special Division of Five.
(h) After a member of the Division has expressed his dissent in writing and the Special
Division of Five is thus constituted, it shall retain the case until its final disposition
despite changes in its membership caused by reorganization or other causes.
(i) After due consultation, the members of the Special Division of Five whose opinion
constitute the majority shall choose from among them the ponente. Any member may
write a separate concurring or dissenting opinion, which, together with the majority
opinion shall be duly promulgated and attached to the rollo.
(j) If the consultation in the Special Division of Five results in a unanimous
concurrence, all its members shall sign the decision or resolution.
(k) If the justice to whom the case is assigned for study and report is transferred to
another Division as its permanent member, he shall bring with him and write his report
of the cases assigned to him in his original Division together with the other members of
the Division to which the case was submitted for decision.
The Division from which the Justice to whom the case is assigned for study and report
came shall be known as a Special Division.
(l) If the Justice to whom the case is assigned for study and report ceases to be a
member of the Sandiganbayan, due to retirement, resignation or for any other cause,
his pending cases shall remain with the Division to which they were assigned.

However, in appropriate cases and for compelling reasons, the Chairman may assign
said cases to the new appointee for study and report.
(m) An Associate Justice who is about to retire shall not be assigned cases for study
and report three (3) months before his retirement date.
Sec 5. Grounds for Inhibition of Division Members. A Division member may inhibit himself from a case on the following grounds:
(a) When he was the Ponente of the appealed decision of the lower court;
(b) When he was counsel or member of a law firm which was counsel in a case before
the Division; or he, his wife or child is pecuniarily interested in said case as heir,
legatee, creditor or otherwise; or he is related to either party in the case within the sixty
degree of consanguinity or affinity or to counsel within the fourth degree, computed
according to the rules of the civil law; or he has been executor, administrator, guardian
or trustee in the case.
A Division member may inhibit himself for any compelling reason other than those
mentioned above.
Sec 6. Effect of Inhibition from Particular Cases. - Should the Chairman of a Division
inhibit himself or is disqualified from participating in a case, it shall be transferred to any of
the four (4) other Divisions by raffle. If a Senior or Junior Member inhibits himself or is
disqualified in a case, he shall be replaced in accordance with the procedure stated in Sec
4 (c) of Rule II but the case shall remain with the Division.
RULE XIII
Miscellaneous Provisions
Sec 1. Publication of Decision. - The decision of the Sandiganbayan may be published
in the Official Gazette in the language in which they have been originally written. The
syllabi for the decisions shall be prepared by the Clerk of Court in consultation with the
writers thereof.
Sec 2. Seal of The Sandiganbayan. - The seal of the Sandiganbayan shall be of
standard size, circular in form, consisting of two concentric circles as its margin with the
inscription, running from left to right, on the upper margin the word "Sandiganbayan" and,
on the lower margin, the words "Republika ng Pilipinas," with 13 stars representing the
existing judicial regions immediately along the outer edge of the inner circle; and with a
design at the center, of a triangle with a trisected area composed of the national colors of
which on its upper part, blue on the left and red on the right, with the words "KATAPATAN"
on the left side, "KAPANAGUTAN" on the right side, and "KARANGALAN" on the base; a
star in each corner of the triangle representing Luzon, Visayas and Mindanao; and a bolo
inside the triangle on which is superimposed a balance.
Sec 2. Repealing Clause. - Upon effectivity of these Rules, all rules, circulars and
administrative orders of the Sandiganbayan inconsistent therewith are hereby repealed.

Sec 3. Effectivity Clause.- These Rules shall take effect on October 1, 2002 following its
publication in two (2) newspapers of general circulation.

A.M. No. 02-1-18-SC (February 28, 2002)

RULE ON JUVENILES IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. This Rule shall apply to all criminal cases
involving juveniles in conflict with the law.
A juvenile in conflict with the law is a person who at the time of the commission of the
offense is below eighteen (18) years of age but not less than nine (9) years of age.
This Rule shall not apply to an accused who at the time of initial contact as defined in
Section 4(p) of this Rule, or at any time thereafter, shall have reached the age of eighteen
(18), in which case the regular rules on criminal procedure shall apply without prejudice to
the rights granted under Sections 36, 37, 38 and 39 of this Rule. (n)
Section 2. Objective. The objective of this Rule is to ensure that the justice system
treats every juvenile in conflict with the law in a manner that recognizes and upholds his
human dignity and worth, and instills in him respect for the fundamental rights and
freedoms of others. The Rule considers his developmental age and the desirability of his
reintegration into and assumption of a constructive role in society in accordance with the
principle of restorative justice.
To attain this objective, the Rule seeks:
(a) To provide a procedure in the adjudication of juveniles in conflict with the law that
takes into account their distinct circumstances and assures the parties of a fair hearing
with their constitutional and statutory rights recognized and respected;
(b) To divert from the justice system juveniles who can be cared for or placed under
community-based alternative programs of treatment, training and rehabilitation in
conformity with the principle of restorative justice;
(c) To deal with the juvenile in a family environment whenever possible, separate him
from his parents only when necessary for his welfare or in the interest of public safety;
(d) To remove from juveniles in conflict with the law the stigma of criminality and the
consequences of criminal behavior; and
(e) To provide for the care, protection and wholesome moral, mental, and physical
development of juveniles in conflict with the law.
Section 3. Interpretation. This Rule shall be interpreted liberally to promote the best
interests of the child in conformity with Philippine laws and the United Nations Convention
on the Rights of the Child.

Section 4. Definitions. As used in this Rule,

(a) To be in conflict with the law means being charged with the commission of an act
defined and punished as a crime or offense under the law, including violations of traffic
laws, rules and regulations, and ordinances of local government units.
(b) Serious offense refers to any offense not covered by Section 1, par. B, Criminal
Cases, of the Rule on Summary Procedure, to wit: (1) violations of traffic laws, rules
and regulations; (2) violations of the rental law; (3) violations of municipal or city
ordinances; (4) all other offenses punished with imprisonment not exceeding six
months, or a fine not exceeding one thousand pesos (P1,000.00), or both, irrespective
of other imposable penalties, accessory or otherwise, or of the civil liability arising
therefrom; provided, however, that in offenses involving damage to property through
criminal negligence, the imposable fine is not in excess of ten thousand pesos
(P10,000.00).
(c) Youth detention center refers to a government-owned or operated agency providing
habilitative and rehabilitative facilities where a juvenile in conflict with the law may be
physically restricted pending court disposition of the charge against him.
(d) Intake report is a preliminary written report containing the personal and other
circumstances of the juvenile in conflict with the law and prepared by the social worker
assigned by the Department of Social Welfare and Development (DSWD) or local
government unit to assist him as soon as he enters the justice system.
(e) Case study report is a written report of the result of an investigation conducted by
the social worker designated by the Family Court on the social, cultural, economic and
legal status or condition of the juvenile in conflict with the law. It includes, among
others, his developmental age; educational attainment; family and social relationships;
the quality of his peer group; the strengths and weaknesses of his family; parental
control over him; his attitude toward the offense; the harm or damage done to others
resulting from the offense; his record of prior offenses, if any; and the attitude of his
parents towards his responsibility for the offense.
(f) Diversion refers to an alternative child-appropriate process of determining the
responsibility and treatment of a juvenile in conflict with the law on the basis of his
social, cultural, economic, psychological or educational background without resorting to
formal court adjudication.
(g) Diversion programs refer to programs that the juvenile in conflict with the law is
required to undergo in lieu of formal court proceedings.
(h) Disposition conference is a meeting held by the court with the social worker who
prepared the case study report together with the juvenile in conflict with the law and his
parents or guardian ad litem, for the purpose of determining the disposition measures
appropriate to the personal and peculiar circumstances of the juvenile.

(i) Recognizance is an undertaking in lieu of a bond assumed by a parent or custodian

who shall be responsible for the appearance in court by the juvenile in conflict with the
law when required.
(j) Probation is a disposition alternative under which a juvenile in conflict with the law is
released and permitted to remain in his home after conviction and sentence. The
juvenile is subject to conditions imposed in the sentence and to supervision by the
court and a probation officer who has the duty to return the juvenile to the court in case
of violation of a condition of his probation.
(k) Suspended sentence is the holding in abeyance of the service of the sentence
imposed by the court upon a finding of guilt of the juvenile in conflict with the law who
will undergo rehabilitation.
(l) Community continuum is a community-based group therapy process that provides
continuous guidance and support to the juvenile in conflict with the law upon his
release from rehabilitation and his reintegration into society.
(m) Age of criminal responsibility is the age when a juvenile who is nine (9) years or
over but under fifteen (15) years commits an offense with discernment.
(n) Discernment means the mental capacity to understand the difference between right
and wrong and its consequences.
(o) Restorative Justice is a principle which requires a process of resolving conflicts with
the maximum involvement of the victim, the offender, and the community. It seeks to
obtain reparation for the victim, reconciliation of the offender, the offended and the
community and reassurance to the offender that he can be reintegrated into society. It
also enhances public safety by activating the offender, the victim and the community in
prevention strategies.
(p) Initial contact is the apprehension or taking into custody of a juvenile in conflict with
the law by law enforcement officers or private citizens. It includes the time when the
juvenile receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6 (a) or Sec. 9 (b) of the same Rule in
cases that do not require preliminary investigation or where there is no necessity to
place the juvenile under immediate custody.
(q) Corporal punishment is any kind of physical punishment inflicted on the body as
distinguished from pecuniary punishment or fine.
Section 5. Exemption from Criminal Liability. A minor under nine (9) years of age at
the time of the commission of the offense shall be exempt from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at the time of the
commission of the offense shall be committed to the care of his father or mother, or
nearest relative or family friend, in the sound discretion of the court and subject to its
supervision. However, if the prosecution proves that he has acted with discernment, he

shall be proceeded against in accordance with Sections 24 to 28, or 36 to 40 of this Rule,

as the case may be, and subjected to a delinquency prevention program as determined by
the court.
Exemption from criminal liability does not include exemption from civil liability which shall
be enforced in accordance with the provisions of Article 221 of the Family Code in relation
to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal
Procedure.
In case the act or omission of the juvenile involves a quasi-delict, Article 2180 of the Civil
Code shall apply.
Section 6. Procedure in Taking a Juvenile into Custody. Any person taking into
custody a juvenile in conflict with the law shall:
(a) Identify himself and present proper identification to the juvenile;
(b) Inform the juvenile of the reason for such custody and advise him of his
constitutional rights in a language or dialect understood by him;
(c) Refrain from using vulgar or profane words and from sexually harassing or abusing,
or making sexual advances on the juvenile;
(d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
(e) Refrain from subjecting the juvenile to greater restraint than is necessary for his
apprehension;
(f) Avoid violence or unnecessary force;
(g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the
local social welfare officer as soon as the apprehension is made;
(h) Take the juvenile immediately to an available government medical or health officer
for a physical and mental examination. The examination results shall be kept
confidential unless otherwise ordered by the Family Court. Whenever treatment for any
physical or mental defect is necessary, steps shall be immediately taken by the said
officer to provide the juvenile with the necessary and proper treatment; and
(i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult
offenders.
Section 7. Taking Custody of a Juvenile Without a Warrant. A peace officer or a
private person taking into custody a juvenile in conflict with the law without a warrant shall
likewise follow the provisions of Sections 5, 8 and 9 of Rule 113 of the Revised Rules of
Criminal Procedure and shall forthwith deliver him to the nearest police station. The
juvenile shall be proceeded against in accordance with Section 7 of Rule 112.

Section 8. Conduct of Initial Investigation by the Police. The police officer

conducting the initial investigation of a juvenile in conflict with the law shall do so in the
presence of either of the parents of the juvenile; in the absence of both parents, the
guardian or the nearest relative, or a social welfare officer, and the counsel of his own
choice. In their presence, the juvenile shall be informed of his constitutional rights during
custodial investigation.
The right of the juvenile to privacy shall be protected at all times. All measures necessary
to promote this right shall be taken, including the exclusion of the media.
Section 9. Fingerprinting and Photographing of the Juvenile. While under
investigation, no juvenile in conflict with the law shall be fingerprinted or photographed in a
humiliating and degrading manner. The following guidelines shall be observed when
fingerprinting or photographing the juvenile:
(a) His fingerprint and photograph files shall be kept separate from those of adults and
shall be kept confidential. They may be inspected by law enforcement officers only when
necessary for the discharge of their duties and upon prior authority of the Family Court;
(b) His fingerprints and photographs shall be removed from the files and destroyed: (1) if
the case against him is not filed, or is dismissed; or (2) when the juvenile reaches twenty
one (21) years of age and there is no record that he committed an offense after reaching
eighteen (18) years of age.
Section 10. Intake Report by the Social Welfare Officer. Upon the taking into custody
of a juvenile in conflict with the law, the social welfare officer assigned to him by the DSWD
shall immediately undertake a preliminary background investigation of the juvenile and
submit, prior to arraignment of the juvenile, a report on his findings to the Family Court in
which the case may be filed.
Section 11. Filing of Criminal Action. A criminal action may be instituted against a
juvenile in conflict with the law by filing a complaint with the prosecutor or the municipal
trial court in cases where a preliminary investigation is required. In Manila and other
chartered cities, if their charters so provide, the complaint shall be filed with the Office of
the Prosecutor. It may also be filed directly with the Family Court if no preliminary
investigation is required under Section 1 of Rule 112 of the Revised Rules of Criminal
Procedure.
All criminal actions commenced by complaint or information shall be prosecuted under the
direction and control of the public prosecutor assigned to the Family Court.
Section 12. Prosecution of Civil Action. When a criminal action is instituted against a
juvenile in conflict with the law, the action for recovery of civil liability arising from the
offense charged shall be governed by Rule 111 of the Revised Rules of Criminal
Procedure.
Section 13. Preliminary Investigation. As far as consistent with this Rule, the
preliminary investigation of a juvenile in conflict with the law shall be governed by Section

3 of Rule 112 of the Revised Rules of Criminal Procedure. If clarificatory questions

become necessary, the Rule on Examination of a Child Witness shall apply.
If a preliminary investigation is required before the filing of a complaint or information, the
same shall be conducted by the judge of the Municipal Trial Court or the public prosecutor
in accordance with the pertinent provisions of Rule 112 of the Revised Rules of Criminal
Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall
prepare the corresponding resolution and information for approval by the provincial or city
prosecutor, as the case may be. The juvenile, his parents/nearest relative/guardian and his
counsel shall be furnished forthwith a copy of the approved resolution.
Section 14. Venue. Subject to the provisions of Section 15, Rule 110 of the Revised
Rules of Criminal Procedure, any criminal or civil action involving a juvenile in conflict with
the law shall be instituted and tried in the Family Court of or nearest the place where the
offense was committed or where any of its essential elements occurred.
Section 15. Recognizance. Before final conviction, all juveniles charged with offenses
falling under the Revised Rule on Summary Procedure shall be released on recognizance
to the custody of their parents or other suitable person who shall be responsible for the
juveniles appearance in court whenever required.
Section 16. When Bail a Matter of Right. All juveniles in conflict with the law shall be
admitted to bail as a matter of right before final conviction of an offense not punishable by
death, reclusion perpetua or life imprisonment.
In the event the juvenile cannot post bail for lack of financial resources, the Family Court
shall commit the juvenile pursuant to Section 18 of this Rule.
However, where the juvenile does not pose a threat to public safety, the Family Court may,
motu proprio or upon motion and recommendation of the DSWD, release the juvenile on
recognizance to the custody of his parents or other responsible person.
Section 17. When Bail Not A Matter of Right. No juvenile charged with an offense
punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail
when evidence of guilt is strong.
Section 18. Care of Juveniles in Conflict with the Law. The juvenile charged with
having committed a delinquent act, held for trial or while the case is pending appeal, if
unable to furnish bail or is denied bail, shall, from the time of his being taken into custody,
be committed by the Family Court to the care of the DSWD, a youth detention center, or a
local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the said court. The center or agency concerned shall
be responsible for the juveniles appearance in court whenever required. In the absence of
any such center or agency within a reasonable distance from the venue of the trial, the
juvenile shall be detained in the provincial, city or municipal jail which shall provide

adequate quarters for the juvenile separate from adult detainees and detainees of the
opposite sex.
Section 19. Case Study Report. After the institution of the criminal action, the social
worker of the Family Court shall immediately undertake a case study of the juvenile and
his family, his environment and such other matters relevant to the proper disposition of the
case. His report shall be submitted within the period fixed by the Family Court, preferably
before arraignment, to aid it in the proper disposition of the case.
Section 20. Diversion Proceedings Before Arraignment. Where the maximum penalty
imposed by law for the offense with which the juvenile in conflict with the law is charged is
imprisonment of not more than six (6) months, regardless of fine or fine alone regardless
of amount, and the corresponding complaint or information is filed with the Family Court,
the case shall not be set for arraignment; instead, it shall forthwith be referred to the
Diversion Committee which shall determine whether the juvenile can be diverted and
referred to alternative measures or services offered by non-court institutions. Pending
determination by the Committee, the court shall deliver the juvenile on recognizance to the
custody of his parents or legal guardian who shall be responsible for the presence of the
juvenile during the diversion proceedings.
Section 21. Diversion Committee. In each Family Court, there shall be a Diversion
Committee to be composed of its branch clerk of court as chairperson, and the prosecutor,
a lawyer of the Public Attorneys Office and the social worker assigned to the said Family
Court as members.
The chairperson of the Committee shall call for a conference with notice to the juvenile, his
parents/legal guardian and his counsel, and the private complainant and his counsel, and
recommend to the Family Court whether the juvenile should be diverted to a diversion
program or undergo formal court proceedings. In making its recommendation, the
Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;
b) Whether the imposable maximum penalty of the offense is more than six (6) months,
regardless of fine; or only a fine, regardless of amount;
c) Whether the juvenile is an obvious threat to himself and/or the community;
d) Whether the juvenile is unrepentant;
e) Whether the juvenile or his parents are indifferent or hostile; and
f) Whether the juveniles relationships with his peers increase the possibility of delinquent
behavior.
If the Committee recommends diversion, it shall submit the diversion program for the
juvenile for the consideration and approval of the court.

The Committee cannot recommend diversion should the juvenile or the private
complainant object thereto. If no diversion program is recommended, the court shall
include the case in its calendar for formal proceedings.
Consent to diversion by the juvenile or payment by him of civil indemnity shall not in any
way be construed as admission of guilt and used as evidence against him in the event that
his case is included in the court calendar for formal proceedings.
Section 22. Diversion Programs. The diversion program designed by the Committee
shall be distinct to each juvenile in conflict with the law limited for a specific period. It may
include any or a combination of the following:
a) Written or oral reprimand or citation;
b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f) Counseling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving
and/or conflict resolution skills; (iii) values formation; and (iv) other skills that will aid the
juvenile to properly deal with situations that can lead to a repetition of the offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or
j) Work-detail program in the community.
Section 23. Hearing of Diversion Program. The Family Court shall set the
recommendation and diversion program for hearing within ten (10) days from receipt
thereof.
Section 24. Undertaking. In all cases where a juvenile in conflict with the law is given
the benefit of a diversion program, an undertaking describing the program shall be signed
by him, his parents or legal guardian and the complainant, and approved by the Family
Court. The program, which shall be enforced under the supervision and control of the
Family Court, shall contain the following terms and conditions:
a) The juvenile shall present himself to the social worker of the Family Court that
approved the diversion program at least once a month for evaluation of its
effectiveness. Whenever the juvenile is permitted to reside in a place under the
jurisdiction of another Family Court, control and supervision over him shall be
transferred to the Family Court of that place, and in such case, a copy of the
undertaking, the intake and case study reports and other pertinent records shall be
furnished the said court. Thereafter, the Family Court to which jurisdiction over the

juvenile is transferred shall have the power with respect to the latter that was previously
possessed by the Family Court that approved the diversion and such other conditions
as the Committee may deem just and proper under the circumstances.
b) The juvenile shall faithfully comply with the terms and conditions in the undertaking.
His non-compliance shall be referred by the Committee to the Family Court where the
case has been transferred for a show-cause hearing with notice to the juvenile and
private complainant. The court shall determine whether the juvenile should continue
with the diversion program or his case returned to the original court for formal
proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the
juvenile and his parents or guardian. However, inability to pay the said liability shall not by
itself be a ground to discontinue the diversion program of the juvenile.
Section 25. Closure Order. The juvenile subject of diversion proceedings shall be
visited periodically by the Family Court social worker who shall submit to the Committee
his reports thereon. At any time before or at the end of the diversion period, a report
recommending closure or extension of diversion, as the case may be, shall be filed by the
Committee with the Family Court. The report and recommendation shall be heard by the
Family Court within fifteen (15) days from its receipt thereof, with notice to the members of
the Committee, the juvenile and his parents or legal guardian and counsel and the
complainant to determine whether the undertaking has been fully and satisfactorily
complied with. If the juvenile has complied with his undertaking, the Family Court shall
issue the corresponding closure order terminating the diversion program. It may, however,
extend the period of diversion to give the juvenile a further chance to be rehabilitated. In
the event the court finds that the diversion program will no longer serve its purpose, it shall
include the case of the juvenile in its calendar for formal proceedings.
Section 26. Duty of the Family Court to Protect the Rights of the Juvenile. In all
criminal proceedings in the Family Court, the judge shall ensure the protection of the
following rights of the juvenile in conflict with the law:
a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
b) To be informed promptly and directly of the nature and cause of the charge against
him, and if appropriate, through his parents or legal guardian;
c) To be present at every stage of the proceedings, from arraignment to promulgation
of judgment. The juvenile may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence at the trial is specifically ordered by
the court for purposes of identification. The absence of the juvenile without justifiable
cause at the trial of which he had notice shall be considered a waiver of his right to be
present thereat. When the juvenile under custody escapes, he shall be deemed to have
waived his right to be present in all subsequent hearings until custody over him is
regained;

d) To have legal and other appropriate assistance in the preparation and presentation
of his defense;
e) To testify as a witness in his own behalf and subject to cross-examination only on
matters covered by direct examination, provided that the Rule on the Examination of a
Child Witness shall be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against himself and his silence
shall not in any manner prejudice him;
f) To confront and cross-examine the witnesses against him;
g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf;
h) To have speedy and impartial trial, with legal or other appropriate assistance and
preferably in the presence of his parents or legal guardian, unless such presence is
considered not to be in the best interests of the juvenile taking into account his age or
other peculiar circumstances;
i) To appeal in all cases allowed and in the manner prescribed by law;
j) To be accorded all the rights under the Rule on Examination of a Child Witness; and
k) To have his privacy fully respected in all stages of the proceedings.
Section 27. Arraignment and Plea. The provisions of Rules 116 and 117 of the Revised
Rules of Criminal Procedure shall apply to the arraignment of the juvenile in conflict with
the law. The arraignment shall be scheduled within seven (7) days from the date of the
filing of the complaint or information with the Family Court, unless a shorter period is
provided for by law.
Arraignment shall be held in chambers and conducted by the judge by furnishing the
juvenile a copy of the complaint or information, reading the same in a language or dialect
known to and understood by him, explaining the nature and consequences of a plea of
guilty or not guilty and asking him what his plea is.
Section 28. Pre-trial. The provisions of Rule 118 of the Revised Rules of Criminal
Procedure shall govern the pre-trial of the juvenile in conflict with the law. Agreements or
admissions made during the pre-trial conference shall be in writing and signed by the
juvenile, his parents or guardian and his counsel; otherwise, they cannot be used against
him.
Whenever possible and practicable, the Family Court shall explore all possibilities of
settlement of the case, except its criminal aspect. Plea bargaining shall be resorted to only
as a last measure when it will serve the best interests of the juvenile and the demands of
restorative justice.

Section 29. Trial. All hearings shall be conducted in a manner conducive to the best
interests of the juvenile and in an environment that will allow him to participate fully and
freely in accordance with the Rule on Examination of a Child Witness.
Section 30. Guiding Principles in Judging the Juvenile. Subject to the provisions of
the Revised Penal Code, as amended, and other special laws, the judgment against a
juvenile in conflict with the law shall be guided by the following principles:
1. It shall be in proportion to the gravity of the offense, and shall consider the
circumstances and the best interests of the juvenile, the rights of the victim, the needs
of society in line with the demands of restorative justice.
2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum.
Where discretion is given by law to the judge to determine whether the penalty to be
imposed is fine or imprisonment, the imposition of the former should be preferred as
the more appropriate penalty.
3. No corporal punishment shall be imposed.
Section 31. Promulgation of Sentence. If after trial the Family Court should find the
juvenile in conflict with the law guilty, it shall impose the proper penalty, including any civil
liability which the juvenile may have incurred, and promulgate the sentence in accordance
with Section 6, Rule 120 of the Revised Rules of Criminal Procedure.
Section 32. Automatic Suspension of Sentence and Disposition Orders. The
sentence shall be suspended without need of application by the juvenile in conflict with the
law. The court shall set the case for disposition conference within fifteen (15) days from the
promulgation of sentence which shall be attended by the social worker of the Family Court,
the juvenile, and his parents or guardian ad litem. It shall proceed to issue any or a
combination of the following disposition measures best suited to the rehabilitation and
welfare of the juvenile:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and similar activities;
5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for
juveniles in conflict with the law authorized by the Secretary of the DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the
compliance by the juvenile in conflict with the law with the disposition measure and shall
submit regularly to the Family Court a status and progress report on the matter. The
Family Court may set a conference for the evaluation of such report in the presence, if
practicable, of the juvenile, his parents or guardian, and other persons whose presence
may be deemed necessary.

The benefits of suspended sentence shall not apply to a juvenile in conflict with the law
who has once enjoyed suspension of sentence, or to one who is convicted of an offense
punishable by death, reclusion perpetua or life imprisonment, or when at the time of
promulgation of judgment the juvenile is already eighteen (18) years of age or over.
Section 33. Discharge of Juvenile Subject of Disposition Measure. Upon the
recommendation of the SSCD and a duly authorized officer of the DSWD, the head of an
appropriate center or the duly accredited child-caring agency which has custody over the
juvenile, the Family Court shall, after due notice to all parties and hearing, dismiss the
case against the juvenile who has been issued disposition measures, even before he has
reached eighteen (18) years of age, and order a final discharge if it finds that the juvenile
has behaved properly and has shown the capability to be a useful member of the
community.
If the Family Court, however, finds that the juvenile has not behaved properly, has been
incorrigible, has not shown the capability of becoming a useful member of society, has
willfully failed to comply with the conditions of his disposition or rehabilitation program, or
should his continued stay in the training institution where he has been assigned be not in
his best interests, he shall be brought before the court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen (18) years while in
commitment, the Family Court shall determine whether to dismiss the case in accordance
with the first paragraph of this Section or to execute the judgment of conviction. In the
latter case, unless the juvenile has already availed of probation under Presidential Decree
No. 603 or other similar laws, he may apply for probation if qualified under the provisions
of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability. The parents and other
persons exercising parental authority over the juvenile shall be civilly liable for the injuries
and damages caused by the acts or omissions of the juvenile living in their company and
under their parental authority subject to the appropriate defenses provided by law.
Section 34. Probation as an Alternative to Imprisonment. After promulgation of
sentence and upon application at any time by the juvenile in conflict with the law within the
period to appeal, the Family Court may place the juvenile on probation, if he is qualified
under the Probation Law.
Section 35. Credit in Service of Sentence. The juvenile in conflict with the law who has
undergone preventive imprisonment shall be credited in the service of his sentence
consisting of deprivation of liberty, with the full time during which he has undergone
preventive imprisonment, if he agrees voluntarily in writing to abide by the same or similar
disciplinary rules imposed upon convicted prisoners, except in any of the following cases:
1. When the juvenile is a recidivist or has been convicted previously twice or more
times of any crime; or

2. When upon being summoned for execution of sentence, he failed to surrender

voluntarily.
If the juvenile does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.
Whenever the juvenile has undergone preventive imprisonment for a period equal to or
more than the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the juvenile may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with the law, including
community service and commitment to a rehabilitation center, shall be considered
preventive imprisonment.
Section 36. Confidentiality of Proceedings and Records. All proceedings and records
involving juveniles in conflict with the law from initial contact until final disposition of the
case by the Family Court shall be considered privileged and confidential. The public may
be excluded from the proceedings and, pursuant to the provisions of Section 31 of the
Rule on Examination of a Child Witness, the records shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the juvenile may have his sentence suspended
under Section 25 of this Rule or if he may be granted probation under the Probation Law,
or to enforce the civil liability imposed in the criminal action.
The Family Court shall take other measures to protect this confidentiality of proceedings
including non-disclosure of records to the media, the maintenance of a separate police
blotter for cases involving juveniles in conflict with the law and the adoption of a system of
coding to conceal material information, which will lead to the juveniles identity. Records of
juveniles in conflict with the law shall not be used in subsequent proceedings or cases
involving the same offender as an adult.
Section 37. Non-liability for perjury or concealment or misrepresentation. Any
person who has been in conflict with the law as a juvenile shall not be held guilty of perjury
or of concealment or misrepresentation by reason of his failure to acknowledge the case or
recite any fact related thereto in response to any inquiry made to him for any purpose.
Section 38. Sealing of Records. The Family Court motu proprio, or on application of a
person who has been adjudged a juvenile in conflict with the law, or if still a minor, on
motion of his parents or legal guardian, shall, upon notice to the prosecution and after
hearing, order the sealing of the records of the case if it finds that two (2) years have
elapsed since the final discharge of the juvenile after suspension of sentence or probation,
or from the date of the closure order and he has no pending case of an offense or a crime
involving moral turpitude.

Upon entry of the order, the case shall be treated as if it never occurred. All index
references shall be deleted and in case of inquiry, the Family Court, prosecution, law
enforcement officers and all other offices and agencies that dealt with the case shall reply
that no record exists with respect to the juvenile concerned. Copies of the order shall be
sent to these officials and agencies named in the order. Inspection of the sealed records
thereafter may be permitted only by order of the Family Court upon petition of the juvenile
who is the subject of the records or of other proper parties.
This procedure shall be without prejudice to the rule on destruction of video or audio tapes
under Section 31 of the Rule on the Examination of a Child Witness.
Section 39. Prohibition Against Labeling. In the conduct of proceedings from initial
contact with the juvenile in conflict with the law to the final disposition of the case, there
shall be no branding or labeling of the latter as a young criminal, juvenile delinquent,
prostitute, vagrant, or attaching to him in any manner any derogatory name. Likewise, no
discriminatory remarks and practices shall be allowed, particularly with respect to the
juveniles social or economic status, physical disability or ethnic origin.
Section 40. Contempt Powers. A person who directly or indirectly disobeys any order of
the Family Court or obstructs or interferes with its proceedings or the enforcement of its
orders issued under this Rule shall be liable for contempt of court.
Section 41. Effectivity. This rule shall take effect on April 15, 2002 after its publication
in a newspaper of general circulation not later than March 15, 2002.

A.M. No. 10-3-10-SC (October 18, 2011)

RULES OF PROCEDURE FOR INTELLECTUAL PROPERTY RIGHT CASES
CRIMINAL PROCEDURE
Rule 10
NATURE OF PROCEEDINGS
Sec 1. Scope. Rules 10 to 15 shall apply to all criminal actions for violations of
intellectual property rights provided for in Republic Act 8293 or the Intellectual Property
Code, as amended, including Repetition of Infringement of Patent (Section 84), Utility
Model (Section 108) and Industrial Design (Section 119), Trademark Infringement (Section
155 in relation to Section 170), Unfair Competition (Section 168 in relation to Section 170),
False Designations of Origin; False Description or Representation (Section 169.1 in
relation to Section 170), infringement of copyright, moral rights, performers' rights,
producers' rights, and broadcasting rights (Section 177, 193, 203, 208 and 211 in relation
to Section 217), and other violations of intellectual property rights as may be defined by
law.
Sec. 2. Special Commercial Courts in the National Capital Judicial Region with
authority to issue search warrants enforceable nationwide. Special Commercial

Courts in Quezon City, Manila, Makati, and Pasig shall have authority to act on
applications for the issuance of search warrants involving violations of the Intellectual
Property Code, which search warrants shall be enforceable nationwide. Within their
respective territorial jurisdictions, the Special Commercial Courts in the judicial regions
where the violation of intellectual property rights occurred shall have concurrent jurisdiction
to issue search warrants.
Accordingly, the Executive Judges are hereby relieved of the duty to issue search warrants
involving violations of the Intellectual Property Code in criminal cases as stated in Sec. 12,
Chapter V of A.M. No. 03-8-02-SC (Guidelines on the Selection and Appointment of Executive
Judges and Defining their Powers, Prerogatives and Duties).
Rule 11
COMMENCEMENT OF ACTION
Sec 1. How commenced. The filing of criminal cases falling within the scope of this
Rule shall be by information after a prior verified complaint is filed under Rule 12 on
Preliminary Investigation.
When the information is filed, the verified complaint and the affidavits of witnesses
together with other evidence, in such number of copies as there are accused plus two (2)
copies for the court's files, shall be attached thereto.
In case of failure to attach the complaint, affidavit and evidence, the court shall order the
investigating prosecutor, through the court's designated prosecutor, to submit the said
requirements before the pre-trial.
Sec. 2. Where to file. The information, together with attachments, shall be filed with the
court referred to in Section 2 of Rule 1, which has jurisdiction over the territory where any
of the elements of the offense occurred.
Sec. 3. When warrant of arrest may issue. Within ten (10) days from the filing of the
information, the judge shall personally evaluate the information together with the resolution
of the prosecutor and its supporting documents. The judge may immediately dismiss the
case if the evidence on record clearly fails to establish probable cause, if he finds probable
cause, he shall issue a warrant of arrest, or a commitment order if the accused has
already been arrested. In case of doubt on the existence of probable cause, the judge may
order the prosecutor to present additional evidence within five (5) days from notice and the
issue must be resolved by the court within fifteen (15) days from the presentation of the
additional evidence.
Sec. 4. Disposition of goods seized pursuant to search warrant. If a criminal action
has been instituted, only the trial court shall rule on a motion to quash a search warrant or
to suppress evidence obtained thereby or to release seized goods.

It shall be the duty of the applicant or private complainant to file a motion for the immediate
transfer of the seized goods to the trial court, which motion shall be immediately acted
upon by the issuing court.
If no criminal action has been instituted, the motion to quash a search warrant or to
suppress evidence obtained thereby or to release seized goods may be filed in and
resolved by the issuing court. If pending resolution of the motion, a criminal case is
meanwhile filed in another court, the incident shall be transferred to and resolved by the
latter court.
Upon motion of the party whose goods have been seized, with notice to the applicant, the
issuing court may quash the search warrant and order the return of the seized goods if no
criminal complaint is filed within sixty (60) days from the issuance of the search warrant.
If no criminal action is filed before the office of the prosecutor and no motion for the return
of the seized goods is filed within sixty (60) days from the issuance of the search warrant,
the issuing court shall require the parties, including the private complainant, if any, to show
cause why the search warrant should not be quashed.
Sec. 5. Prohibited motions. The following motions shall not be allowed:
(a) Motion to quash the information, except on the ground of lack of jurisdiction;
(b) Motion for extension of time to file affidavits or any other papers; and
(c) Motion for postponement intended for delay.
Rule 12
PRELIMINARY INVESTIGATION
Sec 1. Complaint. The complaint shall be filed with the Department of Justice or the
office of the prosecutor that has jurisdiction over the offense charged:
(a) The complaint shall state the full name of the complainant and the facts showing the
capacity or authority of the complaining witness to institute a criminal action in a
representative capacity, and the legal existence of an organized association of persons
that is instituting the criminal action. In case of juridical persons, proof of capacity to
sue must be attached to the complaint. Where the complainant is a juridical person not
registered in the Philippines, documents proving its legal
existence and/or its capacity to sue, such as a certificate of registration or extracts from
relevant commercial registries or offices having jurisdiction over said entities, shall be
accepted if these are originals or in case of public documents, certified true copies
thereof executed by the proper officer of such registries or offices.
Where the complainant is a foreign national or is domiciled or has a real and effective
industrial establishment in a country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the repression of unfair competition
to which the Philippines is also a party, or extends reciprocal rights to national of the

Philippines by law, the verified complaint must contain such facts showing entitlement
to file the action.
(b) The complaint shall state the address of the respondent and shall be in such
number of copies as there are respondents, plus two (2) copies for the investigating
prosecutor. The complaint shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their absence or unavailability,
before a notary public. The administering officer must certify that he personally
examined the complainant and that he is satisfied that the complainant voluntarily
executed and understood the complaint.
(c) The complaint shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish probable cause.
Notarized affidavits of witnesses shall be allowed and admitted as part of the
complaint, provided that affidavits executed by non-residents of the Philippines shall be
duly authenticated by the concerned Philippine consular or diplomatic office.
(d) In instances where multiple complaints are filed by the same complainant, copies of
the supporting documents shall be admitted after they are compared with and shown to
be faithful reproductions of the originals or certified documents referred to in subparagraphs (a) and (c) above.
Sec. 2. Procedure. The preliminary investigation shall be conducted as follows:
(a) Within ten (10) days after the filing of the complaint, the investigating prosecutor, on
the basis of the complaint and the affidavits and other evidence accompanying the
same, may dismiss the case outright for being patently without basis or merit and order
the release of the accused if in custody, and/or seized articles in custody, if any.
(b) When the complaint is not dismissed pursuant to the immediately proceeding
paragraph, the investigating prosecutor, within ten (10) days from the filing of the
complaint, shall issue an order to the respondent attaching thereto a copy of the
complaint and its supporting affidavits and documents, and require the respondent to
submit his counter-affidavit and the affidavits of his witnesses and other documentary
evidence in the format required under Section 1 hereof, wherever applicable, serving
copies thereof on the complainant not later than ten (10) days from receipt of said
order. The counter-affidavits shall be subscribed and sworn to and certified as provided
in paragraphs (b) and (c) of Section 1 hereof. The respondent shall not be allowed to
file a motion to dismiss in lieu of a counter-affidavit.
(c) If the respondent cannot be served with the order of the investigating prosecutor, or
if served, does not submit counter- affidavits within the ten (10) day period, the
investigating prosecutor shall resolve the complaint based on the evidence presented
by the complainant.

(d) The investigating prosecutor may set a hearing if there are facts and issues to be
clarified from a party or a witness. The parties can be present at the hearing but without
the right to examine or cross-examine. They may, however, submit to the investigating
prosecutor questions which may be asked to the party or witness concerned.
Within ten (10) days from the last written submission by the parties or the expiration of the
period for such submission, the investigating prosecutor shall determine whether or not
there is sufficient ground to hold the respondent for trial.
Sec. 3. When accused lawfully arrested without warrant. When a person is lawfully
arrested without a warrant, the information may be filed by a prosecutor without need of
such investigation provided an inquest had been conducted in accordance with existing
Rules.
Before the information is filed, the person arrested may ask for a preliminary investigation
in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of
the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the
waiver, he may apply for bail and the investigation must be terminated within fifteen (15)
days from its inception.
After the filing of the information in court without preliminary investigation, the accused
may, within five (5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense as provided in this
Rule.
Rule 13
ARRAIGNMENT AND PRE-TRIAL
Sec 1. Arraignment. The arraignment shall be conducted in accordance with Rule 116
of the Rules of Court. If the accused is in custody for the crime charged, he shall be
immediately arraigned. If the accused enters a plea of guilty, he shall forthwith be
sentenced. After arraignment, the court shall immediately schedule the case for pre-trial.
Sec. 2. Referral to mediation. Before conducting the trial, the court shall call the
parties to a pre- trial. Upon appearance of the parties during pre-trial, the judge shall order
the parties to appear before the Philippine Mediation Center for court-annexed mediation
on the civil aspect of the criminal action. The pre-trial judge shall suspend the court
proceedings while the case is undergoing mediation. Upon termination of the mediation
proceedings, the court shall continue with the pre-trial.
Sec. 3. Pre-trial. During the pre-trial, a stipulation of facts may be entered into, or the
propriety of allowing the accused to enter a plea of guilty to a lesser offense may be
considered, or such other matters as may be taken up to clarify the issues and to ensure a
speedy disposition of the case. However, no admission by the accused shall be used
against him unless reduced to writing and signed by the accused and his counsel. A
refusal or failure to stipulate shall not prejudice the accused.

The pre-trial shall be terminated not later than thirty (30) days from the date of its
commencement, excluding the period for mediation and JDR.
Should a party desire to present additional affidavits or counter affidavits as part of his
direct evidence, he shall so manifest during the pre-trial, stating the purpose thereof. If
allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of
the defense shall be submitted to the court and served on the adverse party not later than
three (3) days after the termination of the pre-trial. If the additional affidavits are presented
by the prosecution, the accused may file his counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
Before the pre-trial, the court may require the marking of documentary or object evidence
by the branch clerk of court or any authorized court personnel.
Sec. 4. Non-appearance at the pre-trial. If the counsel for the accused or the
prosecutor does not appear at the pre-trial and does not offer an acceptable excuse for his
lack of cooperation, the court may impose proper sanctions or penalties.
Sec. 5. Record of pre-trial Within five (5) days after the termination of the pre-trial, the
court shall issue an order stating the matters taken up therein, including but not limited to:
(a) Plea bargaining;
(b) The stipulations or admissions entered into by the parties;
(c) Whether, on the basis of the stipulations and admissions made by the parties,
judgment may be rendered without the need of further proceedings, in which
event judgment shall be rendered within thirty (30) days from issuance of the
order;
(d) A clear specification of material facts which remain controverted;
(e) Trial dates of each party;
(f) Such other matters intended to expedite the disposition of the case.
Rule 14
TRIAL
Sec 1. Affidavits and other evidence at the trial. The Court shall hear the evidence of
the parties on the trial dates agreed upon by them during the pre-trial. The affidavits of the
witnesses of the parties which form part of the record of the case, such as those
submitted: (a) during the preliminary investigation; and/or (b) during the pre-trial, shall
constitute the direct testimonies of the witnesses who executed them. Such witnesses may
be subjected to cross examination by the adverse party.
Sec. 2. Conduct of trial. The court shall conduct hearings expeditiously so as to
ensure speedy trial. Each party shall have a maximum period of sixty (60) days to present
his evidence-in-chief on the trial dates agreed upon during the pre-trial.

Sec. 3. Submission of memoranda. Upon termination of trial, the court may order the
parties to submit within a non-extendible period of thirty (30) days their memoranda setting
forth the law and the facts relied upon by them.
Sec. 4. Judgment. The court shall promulgate the judgment not later than sixty (60)
days from the time the case is submitted for decision, with or without the memoranda. A
copy of the judgment shall be furnished the IPO.
Rule 15
APPEAL
Sec 1. Who may appeal. Any party may appeal from a judgment or final order, unless
the accused will be placed in double jeopardy.
Sec. 2. How appeal taken. The appeal shall be taken in the manner provided under
Rule 122 of the Rules of Court.

A.M. No. 09-6-8-SC (April 13, 2010)

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
PART IV
CRIMINAL PROCEDURE
RULE 9
Prosecution of Offenses
Sec 1. Who may file. - Any offended party, peace officer or any public officer charged with
the enforcement of an environmental law may file a complaint before the proper officer in
accordance with the Rules of Court.
Sec 2. Filing of the information. - An information, charging a person with a violation of an
environmental law and subscribed by the prosecutor, shall be filed with the court.
Sec 3. Special prosecutor. - In criminal cases, where there is no private offended party, a
counsel whose services are offered by any person or organization may be allowed by the
court as special prosecutor, with the consent of and subject to the control and supervision
of the public prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Sec 1. Institution of criminal and civil actions. - When a criminal action is instituted, the
civil action for the recovery of civil liability arising from the offense charged, shall be
deemed instituted with the criminal action unless the complainant waives the civil action,
reserves the right to institute it separately or institutes the civil action prior to the criminal
action.

Unless the civil action has been instituted prior to the criminal action, the reservation of the
right to institute separately the civil action shall be made during arraignment.
In case civil liability is imposed or damages are awarded, the filing and other legal fees
shall be imposed on said award in accordance with Rule 141 of the Rules of Court, and
the fees shall constitute a first lien on the judgment award. The damages awarded in
cases where there is no private offended party, less the filing fees, shall accrue to the
funds of the agency charged with the implementation of the environmental law violated.
The award shall be used for the restoration and rehabilitation of the environment adversely
affected.
RULE 11
ARREST
Sec 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized
by the proper government agency may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it. Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting arrests for violations of
environmental laws.
Sec 2. Warrant of arrest. - All warrants of arrest issued by the court shall be accompanied
by a certified true copy of the information filed with the issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Sec 1. Custody and disposition of seized items. - The custody and disposition of seized
items shall be in accordance with the applicable laws or rules promulgated by the
concerned government agency.
Sec 2. Procedure. - In the absence of applicable laws or rules promulgated by the
concerned government agency, the following procedure shall be observed:
(a) The apprehending officer having initial custody and control of the seized items,
equipment, paraphernalia, conveyances and instruments shall physically inventory and
whenever practicable, photograph the same in the presence of the person from whom
such items were seized.
(b) Thereafter, the apprehending officer shall submit to the issuing court the return of
the search warrant within five (5) days from date of seizure or in case of warrantless
arrest, submit within five (5) days from date of seizure, the inventory report, compliance

report, photographs, representative samples and other pertinent documents to the

public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the auction sale of seized
items, equipment, paraphernalia, tools or instruments of the crime. The court shall,
after hearing, fix the minimum bid price based on the recommendation of the
concerned government agency. The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person from whom the
items were seized, or the owner thereof and the concerned government agency.
(e) The notice of auction shall be posted in three conspicuous places in the city or
municipality where the items, equipment, paraphernalia, tools or instruments of the
crime were seized.
(f) The proceeds shall be held in trust and deposited with the government depository
bank for disposition according to the judgment.
RULE 13
PROVISIONAL REMEDIES
Sec 1. Attachment in environmental cases. - The provisional remedy of attachment
under Rule 127 of the Rules of Court may be availed of in environmental cases.
Sec 2. Environmental Protection Order (EPO); Temporary Environmental Protection
Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO
shall be governed by Rule 2 of these Rules.
RULE 14
BAIL
Sec 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional
trial judge, metropolitan trial judge, municipal trial judge or municipal circuit trial judge in
the province, city or municipality. If the accused is arrested in a province, city or
municipality other than where the case is pending, bail may also be filed with any Regional
Trial Court of said place, or if no judge thereof is available, with any metropolitan trial
judge, municipal trial judge or municipal circuit trial judge therein. If the court grants bail,
the court may issue a hold-departure order in appropriate cases.
Sec 2. Duties of the court. - Before granting the application for bail, the judge must read
the information in a language known to and understood by the accused and require the
accused to sign a written undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for arraignment
purposes on the date scheduled, and if the accused fails to appear without justification
on the date of arraignment, accused waives the reading of the information and
authorizes the court to enter a plea of not guilty on behalf of the accused and to set the
case for trial;

(b) To appear whenever required by the court where the case is pending; and
(c) To waive the right of the accused to be present at the trial, and upon failure of the
accused to appear without justification and despite due notice, the trial may proceed in
absentia.
RULE 15
ARRAIGNMENT AND PLEA
Sec 1. Arraignment. - The court shall set the arraignment of the accused within fifteen
(15) days from the time it acquires jurisdiction over the accused, with notice to the public
prosecutor and offended party or concerned government agency that it will entertain pleabargaining on the date of the arraignment.
Sec 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider
plea-bargaining arrangements. Where the prosecution and offended party or concerned
government agency agree to the plea offered by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if any; and
(c) Render and promulgate judgment of conviction, including the civil liability for
damages.
RULE 16
PRE-TRIAL
Sec 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pretrial conference within thirty (30) days. It may refer the case to the branch clerk of court, if
warranted, for a preliminary conference to be set at least three (3) days prior to the pretrial.
Sec 2. Preliminary conference. - The preliminary conference shall be for the following
purposes:
(a) To assist the parties in reaching a settlement of the civil aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the originals;
(d) To ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the prompt disposition of the case;
(f) To record the proceedings during the preliminary conference in the Minutes of
Preliminary Conference to be signed by the parties and counsel;
(g) To mark the affidavits of witnesses which shall be in question and answer form and
shall constitute the direct examination of the witnesses; and

(h) To attach the Minutes and marked exhibits to the case record before the pre-trial
proper. The parties or their counsel must submit to the branch clerk of court the names,
addresses and contact numbers of the affiants.
Sec 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings,
confirm markings of exhibits or substituted photocopies and admissions on the
genuineness and due execution of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and other documents
which form part of the record of the preliminary investigation together with other
documents identified and marked as exhibits to determine further admissions of facts
as to:
i. The courts territorial jurisdiction relative to the offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different stages of
the proceeding up to promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the names, addresses and
contact numbers of witnesses that need to be summoned by subpoena; and
(g) Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.
Sec 4. Manner of questioning. - All questions or statements must be directed to the
court.
Sec 5. Agreements or admissions. - All agreements or admissions made or entered
during the pre-trial conference shall be reduced in writing and signed by the accused and
counsel; otherwise, they cannot be used against the accused. The agreements covering
the matters referred to in Section 1, Rule 118 of the Rules of Court shall be approved by
the court.
Sec 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded,
the transcripts prepared and the minutes signed by the parties or their counsels.
Sec 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after the
termination of the pre-trial, setting forth the actions taken during the pre-trial conference,
the facts stipulated, the admissions made, evidence marked, the number of witnesses to

be presented and the schedule of trial. The order shall bind the parties and control the
course of action during the trial.
RULE 17
TRIAL
Sec 1. Continuous trial. - The court shall endeavor to conduct continuous trial which shall
not exceed three (3) months from the date of the issuance of the pre-trial order.
Sec 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct examination shall
be used, subject to cross-examination and the right to object to inadmissible portions of
the affidavit.
Sec 3. Submission of memoranda. - The court may require the parties to submit their
respective memoranda and if possible, in electronic form, within a non-extendible period of
thirty (30) days from the date the case is submitted for decision.
With or without any memoranda filed, the court shall have a period of sixty (60) days to
decide the case counted from the last day of the 30-day period to file the memoranda.
Sec 4. Disposition period. - The court shall dispose the case within a period of ten (10)
months from the date of arraignment.
Sec 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there
is no available public attorney, the court shall require the Integrated Bar of the Philippines
to provide pro bono lawyers for the accused.
RULE 18
SUBSIDIARY LIABILITY
Sec 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is
allowed by law, the court may, by motion of the person entitled to recover under judgment,
enforce such subsidiary liability against a person or corporation subsidiary liable under
Article 102 and Article 103 of the Revised Penal Code.

POLICE INVESTIGATION
A. Constitution
Art III, Sec 3.
(1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.

Art III, Sec 12.

(1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Sec 17 hereof shall be
inadmissible in evidence against him
(4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to the rehabilitation of victims of torture or similar practices, and their
families.
Art III, Sec 17.
No person shall be compelled to be a witness against himself.

E. Statutes/Rules
Republic Act No. 7438 (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
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.
(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.

(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 nongovernmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fianc or fiance, 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;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

(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).
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.

Revised Penal Code, Art 125.

Art 125. Delay in the delivery of Detained Persons to the Proper Judicial Authorities. - The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of one hour.

Republic Act No. 4200 (1965)

AN ACT TO PROHIBIT AND PENALISE WIRETAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER
PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other
device or arrangement, to secretly overhear, intercept, or record such communication or
spoken word by using a device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts
penalized in the next preceding sentence, to knowingly possess any tape record, wire
record, disc record, or any other such record, or copies thereof, of any communication or
spoken word secured either before or after the effective date of this Act in the manner
prohibited by this law; or to replay the same for any other person or persons; or to
communicate the contents thereof, either verbally or in writing, or to furnish transcriptions
thereof, whether complete or partial, to any other person: Provided, That the use of such
record or any copies thereof as evidence in any civil, criminal investigation or trial of
offenses mentioned in section 3 hereof, shall not be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to
be done any of the acts declared to be unlawful in the preceding section or who violates
the provisions of the following section or of any order issued thereunder, or aids, permits,
or causes such violation shall, upon conviction thereof, be punished by imprisonment for
not less than six months or more than six years and with the accessory penalty of
perpetual absolute disqualification from public office if the offender be a public official at

the time of the commission of the offense, and, if the offender is an alien he shall be
subject to deportation proceedings.
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for
any peace officer, who is authorized by a written order of the Court, to execute any of the
acts declared to be unlawful in the two preceding sections in cases involving the crimes of
treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high
seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised
Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other
offenses against national security: Provided, That such written order shall only be issued
or granted upon written application and the examination under oath or affirmation of the
applicant and the witnesses he may produce and a showing: (1) that there are reasonable
grounds to believe that any of the crimes enumerated hereinabove has been committed or
is being committed or is about to be committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority
shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may
be, have actually been or are being committed; (2) that there are reasonable grounds to
believe that evidence will be obtained essential to the conviction of any person for, or to
the solution of, or to the prevention of, any of such crimes; and (3) that there are no other
means readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose
communications, conversations, discussions, or spoken words are to be overheard,
intercepted, or recorded and, in the case of telegraphic or telephonic communications, the
telegraph line or the telephone number involved and its location; (2) the identity of the
peace officer authorized to overhear, intercept, or record the communications,
conversations, discussions, or spoken words; (3) the offense or offenses committed or
sought to be prevented; and (4) the period of the authorization. The authorization shall be
effective for the period specified in the order which shall not exceed sixty (60) days from
the date of issuance of the order, unless extended or renewed by the court upon being
satisfied that such extension or renewal is in the public interest.
All recordings made under court authorization shall, within forty-eight hours after the
expiration of the period fixed in the order, be deposited with the court in a sealed envelope
or sealed package, and shall be accompanied by an affidavit of the peace officer granted
such authority stating the number of recordings made, the dates and times covered by
each recording, the number of tapes, discs, or records included in the deposit, and
certifying that no duplicates or copies of the whole or any part thereof have been made, or
if made, that all such duplicates or copies are included in the envelope or package
deposited with the court. The envelope or package so deposited shall not be opened, or
the recordings replayed, or used in evidence, or their contents revealed, except upon order

of the court, which shall not be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose conversation or communications
have been recorded.
The court referred to in this section shall be understood to mean the Court of First Instance
within whose territorial jurisdiction the acts for which authority is applied for are to be
executed.
Section 4. Any communication or spoken word, or the existence, contents, substance,
purport, effect, or meaning of the same or any part thereof, or any information therein
contained obtained or secured by any person in violation of the preceding sections of this
Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or
accordingly amended.
Section 6. This Act shall take effect upon its approval.

Republic Act No. 9372 (2007)

AN ACT TO SECURE THE STATE AND PROTECT THE PEOPLE FROM TERRORISM
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);
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.
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 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.
I
n 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) 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 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 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.
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 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 above-mentioned 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.
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 AntiTerrorism 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.
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, 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.
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.
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 (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 shortterm 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.
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;
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.
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.
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.

Republic Act No. 1405 (1955), as amended

AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY
BANKING INSTITUTION AND PROVIDING PENALTY THEREFOR
SECTION 1. It is hereby declared to be the policy of the Government to give
encouragement to the people to deposit their money in banking institutions and to
discourage private hoarding so that the same may be properly utilized by banks in
authorized loans to assist in the economic development of the country.
SECTION 2. All deposits of whatever nature with banks or banking institutions in the
Philippines including investments in bonds issued by the Government of the Philippines, its
political subdivisions and its instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked into by any person,
government official, bureau or office, except upon written permission of the depositor, or in

cases of impeachment, or upon order of a competent court in cases of bribery or

dereliction of duty of public officials, or in cases where the money deposited or invested is
the subject matter of the litigation.
SECTION 3. It shall be unlawful for any official or employee of a banking institution to
disclose to any person other than those mentioned in Section two hereof any information
concerning said deposits.
SECTION 4. All Acts or parts of Acts, Special Charters, Executive Orders, Rules and
Regulations which are inconsistent with the provisions of this Act are hereby repealed.
SECTION 5. Any violation of this law will subject offender upon conviction, to an
imprisonment of not more than five years or a fine of not more than twenty thousand pesos
or both, in the discretion of the court.
SECTION 6. This Act shall take effect upon its approval.

Republic Act No. 6426 (1972), as amended

AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN THE
PHILIPPINES, AND FOR OTHER PURPOSES.
Section 1. Title. This Act shall be known the "Foreign Currency Deposit Act of the
Philippines."
Section 2. Authority to deposit foreign currencies. Any person, natural or juridical, may in
accordance with the provisions of this Act, deposit with such Philippine banks in good
standing, as may, upon application, be designated by the Central Bank for the purpose,
foreign currencies which are acceptable as part of the international reserve, except those
which are required by the Central Bank to be surrendered in accordance with the
provisions of Republic Act Numbered Two hundred sixty-five.
Section 3. Authority of banks to accept foreign currency deposits. The banks designated
by the Central Bank under Section two hereof shall have the authority:
1) To accept deposits and to accept foreign currencies in trust: Provided, That
numbered accounts for recording and servicing of said deposits shall be allowed;
2) To issue certificates to evidence such deposits;
3) To discount said certificates;
4) To accept said deposits as collateral for loans subject to such rules and regulations
as may be promulgated by the Central Bank from time to time; and
5) To pay interest in foreign currency on such deposits.

Section 4. Foreign currency cover requirements. Except as the Monetary Board, by a

unanimous vote of all incumbent members, may otherwise prescribe or allow, the
depository banks shall maintain at all times a one hundred percent foreign currency cover
for their deposit liabilities, of which cover at least fifteen seventy-one. Thereafter, such sum
as may be necessary for the same purpose shall be included in the annual General
Appropriations Act.
Section 5. This Act shall take effect upon its approval.

Republic Act No. 9160 (2001), as amended

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. This Act shall be known as the "Anti-Money Laundering Act of
2001."
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to protect
and preserve the integrity and confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for the proceeds of any unlawful
activity. Consistent with its foreign policy, the State shall extend cooperation in
transnational investigations and prosecutions of persons involved in money laundering
activities wherever committed.
SEC. 3. Definitions. For purposes of this Act, the following terms are hereby defined as
follows:
(a) "Covered institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng
Pilipinas (BSP);
(2) insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and other similar
entities managing securities or rendering services as investment agent, advisor, or
consultant, (ii) mutual funds, close-end investment companies, common trust funds,
pre-need companies and other similar entities, (iii) foreign exchange corporations,
money changers, money payment, remittance, and transfer companies and other
similar entities, and (iv) other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects, cash
substitutes and other similar monetary instruments or property supervised or
regulated by Securities and Exchange Commission and Exchange Commission
(b) "Covered transaction" is a single, series, or combination of transactions involving a
total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five

(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.
It likewise refers to a single, series or combination or pattern of unusually large and
complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.
(c) "Monetary instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers, deposit
certificates, trust certificates, custodial receipts or deposit substitute instruments,
trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and
(4) other similar instruments where title thereto passes to another by endorsement,
assignment or delivery.
(d) "Offender" refers to any person who commits a money laundering offense.
(e) "Person" refers to any natural or juridical person.
(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.
(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency,
department or office supervising or regulating the covered institutions enumerated in
Section 3(a).
(h) "Transaction" refers to any act establishing any right or obligation or giving rise to
any contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.
(i) "Unlawful activity" refers to any act or omission or series or combination thereof
involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as
the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended; otherwise known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No.
1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws
of other countries.
SEC. 4. Money Laundering Offense. Money laundering is a crime whereby the
proceeds of an unlawful activity are transacted, thereby making them appear to have
originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves,
or relates to, the proceeds of any unlawful activity, transacts or attempts to transact
said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a result of
which he facilitates the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to
do so.
SEC. 5. Jurisdiction of Money Laundering Cases. The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the
jurisdiction of the Sandiganbayan.
SEC. 6. Prosecution of Money Laundering.
(a) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing
and other remedies provided.
SEC. 7. Creation of Anti-Money Laundering Council (AMLC). The Anti-Money
Laundering Council is hereby created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission
and the Chairman of the Securities and Exchange Commission as members. The AMLC
shall act unanimously in the discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis of substantial evidence, to be, in whole
or in part, wherever located, representing, involving, or related to, directly or indirectly,
in any manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings through
the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and
other violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceeds of any
unlawful activity;
(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for
assistance in their own anti-money laundering operations provided in this Act;
(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute
prevention, detection and investigation of money laundering offenses and prosecution
of offenders.
SEC. 8. Creation of a Secretariat. The AMLC is hereby authorized to establish a
secretariat to be headed by an Executive Director who shall be appointed by the Council
for a term of five (5) years. He must be a member of the Philippine Bar, at least thirty-five
(35) years of age and of good moral character, unquestionable integrity and known probity.
All members of the Secretariat must have served for at least five (5) years either in the
Insurance Commission, the Securities and Exchange Commission or the Bangko Sentral
ng Pilipinas (BSP) and shall hold full-time permanent positions within the BSP.
SEC. 9. Prevention of Money Laundering; Customer Identification Requirements and
Record Keeping.
(a) Customer Identification. - Covered institutions shall establish and record the true
identity of its clients based on official documents. They shall maintain a system of
verifying the true identity of their clients and, in case of corporate clients, require a
system of verifying their legal existence and organizational structure, as well as the
authority and identification of all persons purporting to act on their behalf.The

provisions of existing laws to the contrary notwithstanding, anonymous accounts,

accounts under fictitious names, and all other similar accounts shall be absolutely
prohibited. Peso and foreign currency non-checking numbered accounts shall be
allowed. The BSP may conduct annual testing solely limited to the determination of the
existence and true identity of the owners of such accounts.
(b) Record Keeping. - All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the dates of transactions. With
respect to closed accounts, the records on customer identification, account files and
business correspondence, shall be preserved and safely stored for at least five (5)
years from the dates when they were closed.
(c) Reporting of Covered Transactions. - Covered institutions shall report to the AMLC
all covered transactions within five (5) working days from occurrence thereof, unless
the Supervising Authority concerned prescribes a longer period not exceeding ten (10)
working days.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates shall not be
deemed to have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as
amended; Republic Act No. 8791 and other similar laws, but are prohibited from
communicating, directly or indirectly, in any manner or by any means, to any person the
fact that a covered transaction report was made, the contents thereof, or any other
information in relation thereto. In case of violation thereof, the concerned officer,
employee, representative, agent, advisor, consultant or associate of the covered
institution, shall be criminally liable. However, no administrative, criminal or civil
proceedings, shall lie against any person for having made a covered transaction report in
the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates are prohibited
from communicating, directly or indirectly, in any manner or by any means, to any person,
entity, the media, the fact that a covered transaction report was made, the contents
thereof, or any other information in relation thereto. Neither may such reporting be
published or aired in any manner or form by the mass media, electronic mail, or other
similar devices. In case of violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the covered institution, or media
shall be held criminally liable.
SEC. 10. Authority to Freeze. Upon determination that probable cause exists that any
deposit or similar account is in any way related to an unlawful activity, the AMLC may issue
a freeze order, which shall be effective immediately, on the account for a period not
exceeding fifteen (15) days. Notice to the depositor that his account has been frozen shall
be issued simultaneously with the issuance of the freeze order. The depositor shall have

seventy-two (72) hours upon receipt of the notice to explain why the freeze order should
be lifted. The AMLC has seventy-two (72) hours to dispose of the depositors explanation.
If it fails to act within seventy-two (72) hours from receipt of the depositors explanation,
the freeze order shall automatically be dissolved. The fifteen (15)-day freeze order of the
AMLC may be extended upon order of the court, provided that the fifteen (15)-day period
shall be tolled pending the courts decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against any freeze
order issued by the AMLC except the Court of Appeals or the Supreme Court.
SEC. 11. Authority to Inquire into Bank Deposits. Notwithstanding the provisions of
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act
No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution upon order of any
competent court in cases of violation of this Act when it has been established that there is
probable cause that the deposits or investments involved are in any way related to a
money laundering offense: Provided, That this provision shall not apply to deposits and
investments made prior to the effectivity of this Act.
SEC. 12. Forfeiture Provisions.
(a) Civil Forfeiture. - When there is a covered transaction report made, and the court
has, in a petition filed for the purpose ordered seizure of any monetary instrument or
property, in whole or in part, directly or indirectly, related to said report, the Revised
Rules of Court on civil forfeiture shall apply.
(b) Claim on Forfeited Assets. - Where the court has issued an order of forfeiture of the
monetary instrument or property in a criminal prosecution for any money laundering
offense defined under Section 4 of this Act, the offender or any other person claiming
an interest therein may apply, by verified petition, for a declaration that the same
legitimately belongs to him and for segregation or exclusion of the monetary instrument
or property corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of conviction and order of forfeiture, within fifteen (15)
days from the date of the order of forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and criminal
forfeiture.
(c) Payment in Lieu of Forfeiture. - Where the court has issued an order of forfeiture of
the monetary instrument or property subject of a money laundering offense defined
under Section 4, and said order cannot be enforced because any particular monetary
instrument or property cannot, with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value or otherwise rendered worthless
by any act or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted or otherwise transferred to prevent the same from
being found or to avoid forfeiture thereof, or it is located outside the Philippines or has
been placed or brought outside the jurisdiction of the court, or it has been commingled

with other monetary instruments or property belonging to either the offender himself or
a third person or entity, thereby rendering the same difficult to identify or be segregated
for purposes of forfeiture, the court may, instead of enforcing the order of forfeiture of
the monetary instrument or property or part thereof or interest therein, accordingly
order the convicted offender to pay an amount equal to the value of said monetary
instrument or property. This provision shall apply in both civil and criminal forfeiture.
SEC. 13. Mutual Assistance among States.
(a) Request for Assistance from a Foreign State. - Where a foreign State makes a
request for assistance in the investigation or prosecution of a money laundering
offense, the AMLC may execute the request or refuse to execute the same and inform
the foreign State of any valid reason for not executing the request or for delaying the
execution thereof. The principles of mutuality and reciprocity shall, for this purpose, be
at all times recognized.
(b) Powers of the AMLC to Act on a Request for Assistance from a Foreign State. - The
AMLC may execute a request for assistance from a foreign State by: (1) tracking down,
freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity
under the procedures laid down in this Act; (2) giving information needed by the foreign
State within the procedures laid down in this Act; and (3) applying for an order of
forfeiture of any monetary instrument or property in the court: Provided, That the court
shall not issue such an order unless the application is accompanied by an
authenticated copy of the order of a court in the requesting State ordering the forfeiture
of said monetary instrument or property of a person who has been convicted of a
money laundering offense in the requesting State, and a certification or an affidavit of a
competent officer of the requesting State stating that the conviction and the order of
forfeiture are final and that no further appeal lies in respect of either.
(c) Obtaining Assistance from Foreign States. - The AMLC may make a request to any
foreign State for assistance in (1) tracking down, freezing, restraining and seizing
assets alleged to be proceeds of any unlawful activity; (2) obtaining information that it
needs relating to any covered transaction, money laundering offense or any other
matter directly or indirectly related thereto; (3) to the extent allowed by the law of the
foreign State, applying with the proper court therein for an order to enter any premises
belonging to or in the possession or control of, any or all of the persons named in said
request, and/or search any or all such persons named therein and/or remove any
document, material or object named in said request: Provided, That the documents
accompanying the request in support of the application have been duly authenticated in
accordance with the applicable law or regulation of the foreign State; and (4) applying
for an order of forfeiture of any monetary instrument or property in the proper court in
the foreign State: Provided, That the request is accompanied by an authenticated copy
of the order of the regional trial court ordering the forfeiture of said monetary instrument
or property of a convicted offender and an affidavit of the clerk of court stating that the
conviction and the order of forfeiture are final and that no further appeal lies in respect
of either.

(d) Limitations on Requests for Mutual Assistance. - The AMLC may refuse to comply
with any request for assistance where the action sought by the request contravenes
any provision of the Constitution or the execution of a request is likely to prejudice the
national interest of the Philippines unless there is a treaty between the Philippines and
the requesting State relating to the provision of assistance in relation to money
laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign States. - A request
for mutual assistance from a foreign State must (1) confirm that an investigation or
prosecution is being conducted in respect of a money launderer named therein or that
he has been convicted of any money laundering offense; (2) state the grounds on
which any person is being investigated or prosecuted for money laundering or the
details of his conviction; (3) give sufficient particulars as to the identity of said person;
(4) give particulars sufficient to identify any covered institution believed to have any
information, document, material or object which may be of assistance to the
investigation or prosecution; (5) ask from the covered institution concerned any
information, document, material or object which may be of assistance to the
investigation or prosecution; (6) specify the manner in which and to whom said
information, document, material or object obtained pursuant to said request, is to be
produced; (7) give all the particulars necessary for the issuance by the court in the
requested State of the writs, orders or processes needed by the requesting State; and
(8) contain such other information as may assist in the execution of the request.
(f) Authentication of Documents. - For purposes of this Section, a document is
authenticated if the same is signed or certified by a judge, magistrate or equivalent
officer in or of, the requesting State, and authenticated by the oath or affirmation of a
witness or sealed with an official or public seal of a minister, secretary of State, or
officer in or of, the government of the requesting State, or of the person administering
the government or a department of the requesting territory, protectorate or colony. The
certificate of authentication may also be made by a secretary of the embassy or
legation, consul general, consul, vice consul, consular agent or any officer in the
foreign service of the Philippines stationed in the foreign State in which the record is
kept, and authenticated by the seal of his office.
(g) Extradition. - The Philippines shall negotiate for the inclusion of money laundering
offenses as herein defined among extraditable offenses in all future treaties.
SEC. 14. Penal Provisions.
(a) Penalties for the Crime of Money Laundering. The penalty of imprisonment ranging
from seven (7) to fourteen (14) years and a fine of not less than Three million Philippine
pesos (Php 3,000,000.00) but not more than twice the value of the monetary
instrument or property involved in the offense, shall be imposed upon a person
convicted under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than
One million five hundred thousand Philippine pesos (Php1,500,000.00) but not more

than Three million Philippine pesos (Php3,000,000.00), shall be imposed upon a

person convicted under Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not less
than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), or both, shall be imposed on a
person convicted under Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine
pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), or both, shall be imposed on a person convicted under Section 9(b)
of this Act.
(c) Malicious Reporting. Any person who, with malice, or in bad faith, reports or files a
completely unwarranted or false information relative to money laundering transaction
against any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos
(Php100, 000.00) but not more than Five hundred thousand Philippine pesos (Php500,
000.00), at the discretion of the court: Provided, That the offender is not entitled to avail
the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings after serving the
penalties herein prescribed. If the offender is a public official or employee, he shall, in
addition to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.
Any public official or employee who is called upon to testify and refuses to do the same
or purposely fails to testify shall suffer the same penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to
eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00),
shall be imposed on a person convicted for a violation under Section 9(c).
SEC. 15. System of Incentives and Rewards. A system of special incentives and
rewards is hereby established to be given to the appropriate government agency and its
personnel that led and initiated an investigation, prosecution and conviction of persons
involved in the offense penalized in Section 4 of this Act.
SEC. 16. Prohibitions Against Political Harassment. This Act shall not be used for
political persecution or harassment or as an instrument to hamper competition in trade and
commerce.

No case for money laundering may be filed against and no assets shall be frozen,
attached or forfeited to the prejudice of a candidate for an electoral office during an
election period.
SEC. 17. Restitution. Restitution for any aggrieved party shall be governed by the
provisions of the New Civil Code.
SEC. 18. Implementing Rules and Regulations. Within thirty (30) days from the
effectivity of this Act, the Bangko Sentral ng Pilipinas, the Insurance Commission and the
Securities and Exchange Commission shall promulgate the rules and regulations to
implement effectively the provisions of this Act. Said rules and regulations shall be
submitted to the Congressional Oversight Committee for approval.
Covered institutions shall formulate their respective money laundering prevention
programs in accordance with this Act including, but not limited to, information
dissemination on money laundering activities and its prevention, detection and reporting,
and the training of responsible officers and personnel of covered institutions.
SEC. 19. Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee composed of seven (7) members from the Senate
and seven (7) members from the House of Representatives. The members from the
Senate shall be appointed by the Senate President based on the proportional
representation of the parties or coalitions therein with at least two (2) Senators
representing the minority. The members from the House of Representatives shall be
appointed by the Speaker also based on proportional representation of the parties or
coalitions therein with at least two (2) members representing the minority.
The Oversight Committee shall have the power to promulgate its own rules, to oversee the
implementation of this Act, and to review or revise the implementing rules issued by the
Anti-Money Laundering Council within thirty (30) days from the promulgation of the said
rules.
SEC. 20. Appropriations Clause. The AMLC shall be provided with an initial
appropriation of Twenty-five million Philippine pesos (Php25,000,000.00) to be drawn from
the national government. Appropriations for the succeeding years shall be included in the
General Appropriations Act.
SEC. 21. Separability Clause. If any provision or section of this Act or the application
thereof to any person or circumstance is held to be invalid, the other provisions or sections
of this Act, and the application of such provision or section to other persons or
circumstances, shall not be affected thereby.

SEC. 22. Repealing Clause. All laws, decrees, executive orders, rules and regulations
or parts thereof, including the relevant provisions of Republic Act No. 1405, as amended;
Republic Act No. 6426, as amended; Republic Act No. 8791, as amended and other similar
laws, as are inconsistent with this Act, are hereby repealed, amended or modified
accordingly.
SEC. 23. Effectivity. 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.

Rules of Court, Rule 113, Sec 14.

Sec. 14. Right of attorney or relative to visit person arrested. Any member of the
Philippine Bar shall, at the request of the person arrested or of another acting in his behalf,
have the right to visit and confer privately with such person in the jail or any other place of
custody at any hour of the day or night. Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.