EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
First Regular Session 
)
SENATE
of tiji &rcrrtarp
S.B. NO. 
R IlQ
Introduced by SENATOR IMEE R. MARCOS
'19 
JUL 18 
P4:18
AN ACT TO COMBAT TERRORISM AND SECURE THE NATION, 
AM ENDING  FOR TH IS  PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT 
NO. 93 7 2 , OTHERW ISE KNOW N AS "HUM AN SECURITY ACT OF 2 0 0 7 ", AND
OTHER LAWS
EXPLANATORY NOTE
Recent events have made it abundantly clear that the nature of modern crime 
has thoroughly changed. What the Revised Penal Code punished, in its varied and 
complex enumeration of crime, was finally the action of a pathetic, lone individual 
driven by personal motive and desperation. This bears no resemblance to the 
wholesale, wide-ranging and international scope of modern crime, perpetrated not by 
solo actors, but by transnational, syndicated, terrorist organizations exploiting 
globalization, international financial networks, and digital technologies for both profit 
and violent purpose.
The Marawi siege of 2017 led by the terrorist Maute group, caused the 
ruination of the entire city, billions in damage and destruction, untold suffering 
among its populace, finally tolling a casualty count of 520 terrorists and 122 Filipino 
soldiers. President Rodrigo Roa Duterte was then compelled to declare the entire 
island of Mindanao under Martial Law, a situation still prevailing today.


Despite the magnitude of the damage and the costs incurred, only Nur Supian 
was convicted under the "Human Security Act of 2007" (HSA) after a year last March 
2018. One other conviction linked to the Marawi siege was that of Junaid Macauyag 
Awal, for rebellion under Article 134 of the Revised Penal Code, and R.A. No. 9851 
otherwise known as the "Philippine Act on Crimes against International Humanitarian 
Law, Genocide, and other Crimes against Humanity", after witnesses identified him 
as a hostage taker during the siege.
Further, the participation of foreign terrorists in terrorist activity on the 
Philippine territory has become frequent and commonplace. On November of 2017, 
an Indonesian named Muhammad Ilham Syahputrawas was arrested by the police in 
Mindanao and found guilty, not for violations of HSA, but for mere possession of 
illegal firearms under R.A. 10591 or the "Comprehensive Firearms and Ammunition 
Act."
Worst, last fortnight, a suicide bombing within Philippine territory perpetrated 
by a Filipino was announced over the news. Shortly thereafter, the Armed Forces of 
the Philippines (AFP) and the Philippine National Police (PNP) jointly confirmed that 
one of the two bombers of Indanan, Sulu was Norman Lasuca, a local Filipino whose 
family was well-known in the area. This development marks a major escalation in 
terror tactics employed by local extremists, as suicide bombings have previously 
been unheard of - until now.
In 2007, R.A. No. 9372 otherwise known as the "Human Security Act" was 
passed into law in order to encompass the international and syndicated aspects of 
terror, as well as modes of terrorism unforeseen by the Revised Penal Code and 
other laws. As transnational terrorism and jihadists become commonplace, the (HSA) 
has proven inadequate.
This bill seeks to cover the new modes of extreme violence in terrorism, 
including the exploitation of technology and media, novel venues and types of 
indoctrination and participation, the Philippines' compliance and cooperation required


by international agreements, and finally in an effort to mutually strengthen public 
security and human rights.
Under the premises above-mentioned, the passage of this bill is earnestly 
requested.
a /i./h c w « iv // ^
IM EE R. MARCOS


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. NO.
630
s t i u i u
of the »i’ rrtnrp
*19 
JUL 18 
P4 :l9
Introduced by SENATOR IM EE R. MARCOS
AN ACT TO COMBAT TERRORISM  AND SECURE THE N ATIO N , 
AM EN D IN G  FOR T H IS  PURPOSE CERTAIN PR O VISIO NS OF REPUBLIC ACT 
NO. 93 7 2 , OTHERW ISE KNOW N AS "H U M A N  SECURITY ACT OF 2 0 0 7 " AND
OTHER LAWS
Be it  enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the " The Anti-Terrorism Act of
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2019."
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"Sec. 2. Declaration o f Policy. -  It is [declared a] THE policy of the State to protect
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life, liberty, and property from acts of terrorism, to condemn [terrorism, 
the] ITS
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financing and support [thereof] as inimical and dangerous to the national security of
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the country and to the welfare of the people, and to make terrorism a crime against
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the Filipino people, against humanity, and against the law of nations IN C LU D IN G
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THE UN ITED  N ATIO N S TERRORISM  RELATED INSTRUM ENTS ADOPTED BY
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THE P H ILIP P IN E S , AND THE APPLICABLE RESOLUTIONS OF THE SECURITY
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CO UNCIL UNDER CHAPTER V II OF THE UN ITED  NATIO N S CHARTER.
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THE STATE SHALL FURTHER OPPOSE TERRORISM  IN  ALL ITS  FORMS
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AND M ANIFESTATIO NS REGARDLESS OF IT S  IN TE N TIO N S  IN  ITS  DUTY TO
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SECURE AN D PROTECT THE F IL IP IN O  PEOPLE.
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In the implementation of [the] T H IS  policy [stated above], the [State shall
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uphold the] basic rights and fundamental liberties of the people as enshrined in the
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Constitution SHALL BE UPHELD AT ALL TIM ES.
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[Nothing in] NOR SHALL this Act [shall] be interpreted as a curtailment, re-
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striction or diminution of constitutionally recognized powers of the executive branch
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of the government. [It is to be understood, however that the exercise of the constitu-
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tionally recognized powers of the executive department of the government shall not
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prejudice respect for human rights which shall be absolute and protected at all times.]
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Sec. 3. Terrorism. -  [Any person who commits an act punishable under any of the
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following provisions of the Revised Penal Code:] TERRORIST ACTS ARE ANY ACT
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OR SERIES OF ACTS INTENDED, BY TH E IR  NATURE AND CONTEXT, TO SOW
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AND CREATE FEAR AND PANIC AMONG THE POPULACE OR A SECTION OF
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THE POPULACE, OR TO COERCE THE GOVERNMENT OR AN ENTITY IM BU ED
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W IT H  PUBLIC INTEREST, TO SUCCUMB TO A TERRORIST'S DEMAND; OR
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ANY OTHER ACT INTENDED TO CAUSE DEATH OR SERIOUS BO D ILY IN JU R Y
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OR DEATH TO A C IV IL IA N , OR TO ANY OTHER PERSON NOT TA K IN G  AN
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ACTIVE PART IN  A S ITU A TIO N  OF ARMED CONFLICT, W HEN THE PURPOSE
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OF SUCH ACT, BY IT S  NATURE OR CONTEXT, IS  TO IN T IM ID A T E  A POPULA-
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T IO N , OR TO COMPEL A GOVERNMENT, AN IN TE R N A TIO N A L O R G AN IZA-
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T IO N  OR ENTITY IM BU ED  W IT H  PUBLIC INTEREST TO DO OR TO ABSTAIN
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FROM DO ING  ANY ACT, SHALL ALSO BE CONSIDERED ACTS OF TERROR.
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TERRORISM  SHALL INCLUDE THE FO LLO W ING  ACTS PUNISHED UNDER
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THE FO LLO W ING  LAWS, PROVIDED THAT THEY ARE COM M ITTED W IT H  THE
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IN TE N T TO TERRORIZE AS AFOREM ENTIONED:
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a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
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Waters);
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b. Article 134 (Rebellion or Insurrection);
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c. Article 134-a (Coup d' Etat), including acts committed by private persons;
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d. Articie 248 (Murder);
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e. Article 267 (Kidnapping and Serious Illegal Detention);
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f. Article 324 (Crimes Involving Destruction), or under OR UNDER ANY OF THE
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FO LLO W ING  LAWS:
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1. Presidential Decree No. 1613 (The Law on Arson);
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2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
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Control Act of 1990);
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3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
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4. Republic Act No. 6235 (Anti-Hijacking Law);
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5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of
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1974); and,
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6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
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Illegal and Unlawful Possession, Manufacture, Dealing in. Acquisition or Dis-
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position of Firearms, Ammunitions or Explosives) AS AMENDED BY REPUB­
LIC  ACT NO. 8 29 4, REPUBLIC ACT 9 5 1 6 , AND REPUBLIC ACT NO. 
105 91
7. REPUBLIC ACT NO. 101 68 (TERRO RISM  FIN A N C IN G  PREVENTION 
AND SUPPRESSION ACT OF 2 0 1 2 );
8. REPUBLIC ACT NO. 10 6 9 7  (STRATEGIC MANAGEMENT ACT)
9. REPUBLIC ACT NO. 9 2 0 8  (A N T I-TR A FFIC K IN G  IN  PERSONS ACT OF 
2 0 0 3 )
10. REPUBLIC ACT NO. 9 16 5 (COMPREHENSIVE DANGEROUS DRUGS 
ACT)
11. REPUBLIC ACT NO. 101 75 (CYBERCRIME PREVENTION ACT)
FURTHER, ANY ACT W IT H IN  THE SCOPE OF THE FO LLO W ING  TREATIES 
OR IN TE R N A TIO N A L AGREEMENTS TO W H IC H  THE P H ILIP P IN E S  IS 
A SIG NATORY SHALL BE CONSIDERED TERRORIST ACTS:
A. CONVENTION FOR THE SUPPRESSION OF UNLAW FUL SEIZURE OF 
AIRCRAFT, SIG NED AT THE HAGUE ON 16 DECEMBER 1970;
B. CONVENTION FOR THE SUPPRESSION OF UNLAW FUL ACTS AG AIN ST 
THE SAFETY OF C IV IL  A V IA T IO N , SIG NED IN  MONTREAL ON 23 SEP­
TEMBER 1971;
C. CONVENTION ON THE PREVENTION AND PUNISHM ENT OF CRIMES 
AG AIN ST IN TE R N A TIO N ALLY PROTECTED PERSONS, IN C LU D IN G  
D IP LO M A TIC  AGENTS, ADOPTED BY THE GENERAL ASSEMBLY OF THE 
U N ITED  NATIO N S ON 14 DECEMBER 1973;
D. IN TE R N A TIO N A L CONVENTION AG AINST THE TAKIN G  OF HOS­
TAGES, ADOPTED BY THE GENERAL ASSEMBLY OF THE UN ITED NA­
TIO N S  ON 17 DECEMBER 1979;
E. CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATE­
R IAL, ADOPTED IN  V IE N N A  ON 3 MARCH 1980;
F. PROTOCOL FOR THE SUPPRESSION OF UNLAW FUL ACTS OF V IO ­
LENCE AT AIRPO RTS SERVING IN TE R N A TIO N AL C IV IL  A V IA T IO N , 
SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF 
UNLAW FUL ACTS AG AINST THE SAFETY OF C IV IL  A V IA T IO N , SIG NED 
IN  MONTREAL ON 24 FEBRUARY 1988;
G. CONVENTION FOR THE SUPPRESSION OF UNLAW FUL ACTS AG AINST 
THE SAFETY OF M A R IT IM E  N A V IG A TIO N , DONE AT ROME ON 10 
MARCH 1988;
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H. PROTOCOL FOR THE SUPPRESSION OF UNLAW FUL ACTS AG AIN ST 
THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CO NTINENTAL 
SHELF, SIG NED IN  ROME ON 10 MARCH 198 8;
I. IN TE R N A TIO N A L CONVENTION FOR THE SUPPRESSION OF TERROR­
IS T  BOM BINGS, ADOPTED BY THE GENERAL ASSEMBLY OF THE 
U N ITED  NATIO N S ON 15 DECEMBER 1997; OR
J. IN TE R N A TIO N A L CONVENTION FOR THE SUPPRESSION OF THE F I­
NANCING  OF TERRORISM  AT THE UN ITED STATES ON 9 DECEMBER 
1999.
[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. OTHER D E FIN ITIO N S . -  THE FOLLOW ING TERMS SHALL MEAN:
A. 
VIO LEN T EXTREM ISM  - ANY ACT ENCOURAGING, CO NDO NING , JUS­
T IF Y IN G  OR SUPPORTING THE CO M M ISSIO N  OF A VIO LEN T ACT TO 
ACHIEVE PO LITIC AL, IDEO LO G ICAL, RELIG IO U S, SOCIAL OR ECO­
N O M IC  GOALS.
CR ITIC AL INFRASTRUCTURE -  SHALL MEAN AN ASSET OR SYSTEM 
ESSENTIAL TO THE M AINTENANCE OF V ITA L SOCIETAL FUNCTIONS, 
IN C LU D IN G , BUT NOT LIM IT E D  TO, CO M M U NICATIO NS, DISASTER 
AND EMERGENCY FA C ILITIE S , FUEL, ENERGY, W ATER SUPPLY, F I­
NANCE AND COM M ERCIAL FA C ILITIE S , FOOD, PUBLIC SERVICES, IN ­
DUSTRY, HEALTH, TRANSPORT, RADIO  AND TELEVISIO N , IN FO R ­
M ATIO N  TECHNOLOGY AND D IG IT A L ACCESS, KEY CHEM ICAL, B IO ­
LOGICAL AND NUCLEAR CENTERS.
TERRO RIST IN D IV ID U A L  -  SHALL REFER TO ANY NATURAL PERSON 
W HO CO M M ITS ANY OF THE ACTS DEFINED AND PENALIZED UNDER 
THE PR O VISIO NS OF T H IS  ACT, AS A PR IN C IPA L, ACCOMPLICE, OR 
ACCESSORY, OR THOSE W HO ARE MEMBERS OF TERRORIST ORGAN­
IZ A T IO N S  PROSCRIBED UNDER THE PR O VISIO NS OF T H IS  ACT.
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H.
I.
J.
FO R EIG N  TERRORISTS -  ANY PERSON W HO TRAVELS TO A STATE 
OTHER THAN TH E IR  STATES OF O R IG IN  OR RESIDENCE OR N A TIO N ­
A LITY , FOR THE PURPOSE OF PERPETRATING, PLANN IN G , OR PRE­
PARING  FOR, OR PA R TIC IP A TIN G  IN , TERRORIST ACTS OR PR O V ID ­
IN G  FOR OR RECEIVING  TERRORIST T R A IN IN G . THESE SHALL ALSO 
INCLUDE IN D IV ID U A L S  R E SID IN G  ABROAD W HO COME TO THE P H IL ­
IP P IN E S  TO PERPETRATE, PLAN, OR PREPARE, OR PARTICIPATE IN  
TERRO RIST ACTS, OR PROVIDE SUPPORT FOR OR FACILITATE TER­
RO RIST T R A IN IN G  HERE OR ABROAD.
TERRORIST O RG ANIZA TION, ASSOCIA TIO N  OR GROUP O F PERSONS - 
- SHALL REFER TO ANY ENTITY ORGANIZED FOR THE PURPOSE OF 
ENGAGING IN  TERRORIST ACTS, OR THOSE PROSCRIBED UNDER THE 
PR O VISIO N S OF T H IS  ACT OF THE UN ITED  NATIO N S SECURITY 
CO UNCIL-DESIG NATED TERRORIST O R G AN IZATIO N .
M ATERIAL S U P P O R T - REFERS TO ANY PROPERTY, TANG IBLE OR IN ­
TAN G IBLE, OR SERVICE, IN C LU D IN G  CURRENCY OR MONETARY IN ­
STRUMENTS OR F IN A N C IA L SECURITIES, FIN A N C IA L SERVICES, 
LO DG ING , 
T R A IN IN G , 
EXPERT 
ADVICE 
OR 
ASSISTANCE, 
SAFEHOUSES, FALSE DOCUMENTATION OR ID E N T IF IC A T IO N , COM­
M U N IC A TIO N S  EQUIPM ENT, FA C ILITIE S , WEAPONS, LETHAL SUB­
STANCES, EXPLOSIVES, PERSONNEL (ONE OR MORE IN D IV ID U A L S  
W HO MAY BE OR INCLUDE ONESELF), AND TRANSPORTATION.
T R A IN IN G  -  MEANS INSTRUC TIO N OR TEACHING DESIGNED TO IM ­
PART A SPECIFIC SK ILL, AS OPPOSED TO GENERAL KNOWLEDGE.
R E C R U IT - SHALL REFER TO ANY ACT TO PROCURE, INDUCE, OR IN ­
CITE OTHERS TO PARTICIPATE, CO M M IT, OR SUPPORT TERRORIST 
ACTS, TERRORIST IN D IV ID U A LS , OR O RG ANIZATIO NS.
SURVEILLANCE A C T IV IT IE S - REFERS TO THE TRACKING  DOW N, FOL­
LO W IN G , OR IN V E S TIG A TIO N  OF IN D IV ID U A L S  OR O RG ANIZATIO NS, 
OR THE TAPPING , LISTE N IN G , INTERCEPTING , AND RECORDING OF 
MESSAGES, CONVERSATIONS, DISCUSSIONS, SPOKEN OR W RITTEN 
W ORDS, AND OTHER CO M M U NICATIO NS, OF IN D IV ID U A L S  ENGAGED 
IN  TERRORIST ACTS, AS DEFINED HEREUNDER.
COMPUTER A N D  N ETW O R K SURVEILLANCE - SHALL MEAN M O N ITO R ­
IN G  OF COMPUTER A C T IV IT Y  AND DATA STORED ON A HARD DRIVE, 
OR DATA BEING  TRANSFERRED OVER COMPUTER NETW ORKS SUCH 
AS THE INTERNET CARRIED OUT COVERTLY AN D W IT H  LEGAL A U ­
TH O R IZA TIO N  BY THE GOVERNMENT.
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K. W EAPONS O F M ASS DESTRUCTIO N (W M D ) -  SHALL REFER TO CHEM­
IC AL, BIO LO G IC AL, RADIO LO G IC AL, OR NUCLEAR W EAPONS W H IC H  
ARE CAPABLE OF A HIG HER ORDER OF DESTRUCTION OR CAUSING 
MASS CASUALTIES. IT  EXCLUDES THE MEANS OF TRANSPORTING OR 
PROPELLING THE WEAPON WHERE SUCH MEANS IS  A SEPARABLE 
AND D IV IS IB L E  PART FROM THE WEAPON.
L. C H E M IC A L/ B IO L O G IC A L / R A D IO L O G IC A L/ NUCLEAR (C B R N ) TER­
RO RISM . 
-  
MANUFACTURE, 
ACQUIRE, 
POSSESS, 
DEVELOP, 
TRANSPORT, TRANSFER, OR REUSE OF NUCLEAR OR RADIO LO G ICAL, 
CHEM ICAL OR BIO LO G IC AL W EAPONS AND TH E IR  MEANS OF D ELIV­
ERY, IN  PARTICULAR FOR TERRORIST PURPOSES.
SEC.5. COUNTERING  IN D O C T R IN A T IO N .A N T I- T E R R O R IS M  COUNCIL 
(ATC ), IN  C O O R D IN ATIO N  W IT H  THE DEPARTMENT OF EDUCATION (DE- 
PED), CO M M ISSIO N  ON HIG HER EDUCATION (CHED), AND TECHNICAL ED­
UCATION AN D SKILLS DEVELOPMENT AU TH O R ITY (TESDA) SHALL ISSUE 
IM PLEM EN TIN G  RULES AND REGULATIONS ON THE REGISTRY, CURRICU­
LUM AND OPERATION OF RELIG IO U S SCHOOLS, LEARNING CENTERS AND 
OTHER FORMAL EDUCATIONAL IN S T IT U T IO N S  TO PREVENT TH E IR  USE AS 
VENUES FOR TERRO RISTIC IN D O C T R IN A T IO N . ANY SCHOOL FOUND V IO ­
LATIN G  THE SAME SHALL BE SUBJECT TO A D M IN IS T R A T IV E  PENALTIES.
FURTHER, IN FO R M AL LEARNING CENTERS, REGULAR W EEKEND CLASSES 
AND OTHER C O N TIN U IN G  EDUCATIONAL AC TIVTIES SHOULD ALSO BE RE­
PORTED TO THE DEPED, CHED, AND TESDA. THEY MAY BE O FFIC IA LLY REC­
OGNIZED TO A V A IL OF THE GOVERNMENT ASSISTANCE TO STUDENTS AND 
TEACHERS IN  PRIVATE EDUCATION (GATSPE) AS PROVIDED UNDER R.A. 
NO. 8 5 4 5  THROUGH CURRICULUM ASSISTANCE, TEACHER T R A IN IN G , DE­
VELOPMENT OF FACILITES AND FREE STUDENT VOUCHERS.
SCHOOLS, LEARNING CENTERS AND T R A IN IN G  IN S T IT U T IO N S  FOUND BY 
THE APPROPRIATE A D M IN IS T R A T IV E  OR LICENSING  AGENCY TO BE PRO­
M O TING  OR ENCOURAGING ACTS OF VIOLENCE, EXTREM ISM , TERRORIST 
ACTS OR ANY ACT PR O H IB ITED  UNDER TH IS  LAW  SHALL HAVE ITS  LICENSE 
REVOKED AND IM M E D IA TE LY  CEASE OPERATIONS. T H IS  IS  W ITH O U T 
PREJUDICE TO OTHER C R IM IN A L, C IV IL , AND A D M IN IS T R A T IV E  ACTIONS 
THAT MAY BE FILED AG AIN ST THE O FFICIALS AND PERSONNEL OF THE 
SCHOOL, LEARNING CENTER OR T R A IN IN G  IN S T IT U T IO N , AND AG AIN ST 
OTHER IN D IV ID U A L S  ASSOCIATED W IT H  THE SCHOOL, LEARNING  CENTER 
OR T R A IN IN G  IN S T IT U T IO N .
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SEC. 6. M ED IA A N D  TERRORIST PROPAGANDA. -TH E  CO UNCIL SHALL
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ADOPT A U N IF IE D  AN D COMPREHENSIVE C O M M U NICATIO NS STRATEGY,
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FOR BOTH T R A D IT IO N A L AND SOCIAL M ED IA, AS SIG N IN G  A LEAD AGENCY
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FOR AC C O U N TABILITY AND ENFORCEMENT. CLOSE M O N ITO R IN G  AND
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EVALUATION SHALL BE UNDERTAKEN TO UPDATE THE COUNCIL OF ALL
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RELEVANT M ED IA COVERAGE.
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THE ROLE OF THE M ED IA IN  COVERING SPECIFIC TERRORIST EVENTS 
SHALL BE DELINEATED BY THE COUNCIL, UPON CONSULTATION W IT H  REL­
EVANT STAKEHOLDERS, ES TAB LISIH IN G  G U ID ELIN ES AND LIM IT A T IO N S  
ON COVERAGE PARTICULARLY DURING  TERRORIST IN C ID E N TS  S T ILL O N­
G OING , W HENEVER N ATIO N AL SECURITY OR OPERATIONAL REQUIRE­
MENTS MAY BE COMPROMISED.
IN  CASES OF IM M IM E N T  OR C O N TIN U IN G  TERRO RIST EVENTS, THE COUN­
C IL MAY UNDERTAKE TARGETED INTERVENTIO NS, SUCH AS CO M M U NITY 
AC TIO N , LOCAL GOVERNMENT P A R TIC IP A TIO N , NETW ORK OR SYSTEMS 
IN TER R U PTIO N S, AND SUCH OTHER ACTIONS AS MAY CONTROL OR PUT 
AN END TO SA ID  EVENT.
SEC.7. R ECR UITM ENT TO TERRO RIST O R G AN IZATIO N . -  ANY PERSON 
W HO SHALL RECRUIT ANOTHER TO PARTICIPATE, JO IN , CO M M IT, OR SUP­
PORT ANY O R G AN IZA TIO N , ASSO CIATIO N OR GROUP OF PERSONS ORGA­
N IZED  FOR THE PURPOSE OF ENGAGING IN  TERRO RISM , OR W H IC H , ALT­
HOUGH NOT ORGANIZED FOR THAT PURPOSE, ACTUALLY USES THE ACTS 
ENUMERATED IN  SEC.3 HEREOF TO TERRORIZE, SHALL BE PUNISHED 
W IT H  THE PENALTY OF LIFE IM P R IS O N M E N T TO DEATH, W ITH O U T THE 
BENEFIT OF PAROLE.
Sec. 8. Secs. 4, 5, and 6 of RA 9372 is hereby amended to read as follows:
"Sec. [4 ] 8. Sec. 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 .] 8A. 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
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conspiracy to commit terrorism by previous or simultaneous acts] AN AC-
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COMPLICE, AS DEFINED UNDER BOOK I  OF ACT NO. 38 1 5 , OTHER-
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W IS E KNOW N AS THE REVISED PENAL CODE, shall suffer the penalty of
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from seventeen (17) years, four months one day to twenty (20) years of
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imprisonment,"
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Sec. [6 .] 8B. 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,] AN ACCESSORY, AS 
DEFINED UNDER BOOK I  OF ACT NO. 3 81 5, OTHERW ISE KNOW N AS 
THE REVISED PENAL CODE, 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.9. PROPOSAL TO C O M M IT  TERRORISM. -  ANY PERSON W HO PRO­
POSES TO C O M M IT THE CRIM E OF TERRORISM  SHALL SUFFER IM P R IS O N ­
MENT OF NOT LESS THAN S IX  (6 ) YEARS AND ONE DAY TO TEN (1 0 ) YEARS., 
W ITH O U T THE BENEFIT OF PAROLE AS PROVIDED FOR UNDER ACT NO. 
4 1 0 3 , OTHERW ISE KNOW N AS THE "IN D E TE R M IN A TE  SENTENCE LA W ", AS 
AMENDED.
SEC. 10. IN C IT IN G  TO C O M M IT  TERRORIST ACTS. -  ANY PERSON W HO D IS ­
TRIBUTES OR OTHERW ISE MAKES A MESSAGE AVAILABLE TO THE PUBLIC 
W IT H  THE IN TE N T TO IN C IT E  ANOTHER BY ANY MEANS, DIRECTLY OR IN ­
DIRECTLY, TO C O M M IT A TERRORIST ACT WHERE SUCH CONDUCT CAUSES 
A DANGER OF SUCH ACTS BEING ACTUALLY CO M M ITTED SHALL SUFFER 
THE PENALTY OF IM P R IS O N M E N T FROM S IX  (6 ) YEARS AND ONE DAY TO 
TEN (1 0 ) YEARS.
SEC. 11. SU PPO R TIN G  TERRORISTS OR TERRORIST O RG ANIZATIO NS. -  
ANY PERSON W HO KN O W IN G LY PROVIDES M ATERIAL SUPPORT TO ANY 
IN D IV ID U A L  TERRORIST OR TERRORIST O R G AN IZA TIO N , ASSO CIATIO N 
OR GROUP OF PERSONS O RG ANIZED FOR THE PURPOSE OF ENGAGING IN
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TERRO RISM , SHALL BE PUNISHED W IT H  THE PENALTY OF LIFE IM P R IS O N -
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MENT TO DEATH, W IT H O U T THE BENEFIT OF PAROLE AS PROVIDED UNDER
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ACT NO. 4 10 3, OTHERW ISE KNOW N AS THE IND ETER M IN ATE SENTENCE
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LAW , AS AMENDED.
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ANY PERSON W HO SHALL VO LU NTARILY AND KN O W IN G LY SUPPORT -  
THROUGH CONCEALMENT, P R O V ID IN G  FALSE IN FO R M A TIO N , PR O VISIO N  
OF ESCAPE ROUTES, P R O V ID IN G  A DRIVER, FAKE ID E N T IF IC A T IO N  CARDS, 
COOK, OR BY FEEDING THEM, AND OTHER S IM IL A R  ACTS -  ANY O R G A N I­
ZA TIO N , ASSO CIATIO N OR GROUP OF PERSONS KN O W IN G  THAT SUCH OR­
G A N IZA TIO N , ASSO CIATIO N OR GROUP OF PERSONS IS  PROSCRIBED UN­
DER SECTION 3 OF T H IS  ACT, OR THE UN ITED NATIO N S SECURITY COUN­
C IL DESIGNATED TERRORIST O R G AN IZA TIO N , OR O RG ANIZED FOR THE 
PURPOSE OF ENGAGING IN  TERRORIST ACTS, SHALL SUFFER THE PENALTY 
OF EIG HT (8 ) YEARS AND ONE (1 ) DAY TO TWELVE (1 2 ) YEARS.
SEC. 12. FO REIG N TERRORIST -  THE FO LLO W ING  ARE UNLAW FUL AND 
SHALL BE PUNISHED W IT H  THE PENALTY OF LIFE IM P R IS O N M E N T W IT H ­
OUT BENEFIT THE OF PAROLE:
(A ) 
FOR ANY PERSON TO TRAVEL OR ATTEMPT TO TRAVEL TO A STATE 
OTHER THAN H IS /H E R  STATE OF RESIDENCE OR N A TIO N A LITY , FOR THE 
PURPOSE OF PERPETRATING, PLANN IN G , OR PREPARING FOR, OR PARTIC­
IP A T IN G  IN  TERRORIST ACTS, OR P R O V ID IN G  OR RECEIVING  TERRORIST 
T R A IN IN G ; OR
(B ) 
FOR ANY PERSON TO ORGANIZE OR FACILITATE THE TRAVEL OF 
IN D IV ID U A L S  W HO TRAVEL TO A STATE OTHER THAN TH E IR  STATES OF 
RESIDENCE OR N A TIO N A LITY  FOR THE PURPOSE OF PERPETRATING, 
PLAN N IN G , OR PREPARING FOR, OR PA R TIC IP A TIN G  IN  TERRORIST ACTS 
OR P R O V ID IN G  OR RECEIVING TERRORIST T R A IN IN G , IN C LU D IN G  ACTS 
OF RECRUITMENT W H IC H  MAY BE CO M M ITTED THROUGH ANY OF THE FOL­
LO W IN G  MEANS:
1. RECRUITING  ANOTHER PERSON TO SERVE IN  ANY CAPACITY IN  
OR W IT H  AN ARMED FORCE IN  A FOREIGN STATE, W HETHER THE ARMED 
FORCE FORMS PART OF THE ARMED FORCES OF THE GOVERNMENT OF 
THAT FOREIGN STATE OR OTHERW ISE;
2. PU BLISH IN G  AN ADVERTISEMENT OR PROPAGANDA, FOR THE 
PURPOSE OF RECRUITING  PERSONS TO SERVE IN  ANY CAPACITY IN  OR 
W IT H  SUCH AN ARMED FORCE;
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3. PU BLISH IN G  AN ADVERTISEMENT OR PROPAGANDA C O N TAIN IN G
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ANY IN FO R M ATIO N  RELATING TO THE PLACE W H IC H , OR THE M ANNER IN
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W H IC H , PERSONS MAY MAKE APPLICATIO N S TO SERVE, OR O BTAIN IN -
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FO RM ATIO N RELATING TO SERVICE, IN  ANY CAPACITY IN  OR W IT H  SUCH
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ARMED FORCE OR RELATING TO THE M ANNER IN  W H IC H  PERSONS MAY
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TRAVEL TO A FOREIGN STATE FOR THE PURPOSE OF SERVING IN  ANY CA-
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PACITY IN  OR W IT H  SUCH ARMED FORCE;
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4. 
PERFORMING ANY OTHER ACT W IT H  THE IN TE N TIO N  OF F A C ILI­
TA TIN G  OR PROM O TING  THE RECRUITMENT OF PERSONS TO SERVE IN  
ANY CAPACITY IN  OR W IT H  SUCH AN ARMED FORCE;
(C ) 
FOR ANY PERSON R ESID IN G  ABROAD W HO COMES TO THE P H IL ­
IP P IN E S  TO PARTICIPATE IN  PERPETRATING, PLANN IN G , OR PREPARING 
FOR, OR PA R TIC IP A TIN G  IN  TERRORIST ACTS OR PROVIDE SUPPORT FOR 
OR FACILITATE TERRORIST T R A IN IN G  HERE OR ABROAD.
SEC. 13. C H E M IC A L/ B IO L O G IC A L / R A IO L O G IC A L / NUCLEAR (C B R N ) TER­
RORISM . -  MANUFACTURE, ACQUIRE, POSSESS, DEVELOP, TRANSPORT, 
TRANSFER, OR REUSE NUCLEAR OR RADIO LO G IC AL, CHEM ICAL OR B IO ­
LOGICAL W EAPONS AND TH E IR  MEANS OF DELIVERY, IN  PARTICULAR FOR 
TERRORIST PURPOSES, AS W ELL AS ATTEMPTS TO ENGAGE IN  ANY OF THE 
FOREGOING A C TIV ITIE S , ASSIST AND FINANCE THEM SHALL SUFFER THE 
PENALTY OF TEN (1 0 ) YEARS AND ONE DAY TO TWELVE (1 2 ) YEARS OF IM ­
PR ISO N M EN T."
SEC. 14. CYBER-TERRORISM. -  ANY PERSON OR GROUP OF PERSONS W HO, 
W IT H  PR EM ED ITATIO N , UNDERTAKE PO LITIC ALLY, IDEO LO G ICALLY, ECO­
NO M IC ALLY AND SOCIALLY M OTIVATED ATTACK AG AIN ST IN FO R M ATIO N , 
COMPUTER SYSTEMS, COMPUTER PROGRAMS, AND DATA W H IC H  RESULTS 
IN  VIOLENCE AG AINST NON-COM BATANT TARGETS BY SU B-N ATIO N AL 
GROUPS OR CLANDESTINE AGENTS W IT H  THE IN TE N T, BY ITS  NATURE OR 
CONTEXT, TO SOW  AND CREATE A C O N D ITIO N  OF FEAR AND PANIC AMONG 
THE POPULACE OR A SECTION OF THE POPULACE, OR TO COERCE THE GOV­
ERNMENT OR AN IN S T IT U T IO N /E N T IT Y  IM B U ED  W IT H  PUBLIC INTEREST, 
SHALL SUFFER THE PENALTY OF TEN (1 0 ) YEARS AND ONE DAY TO TWELVE 
(1 2 ) YEARS OF IM P R IS O N M E N T ."
SEC. 15. G LO R IF IC A TIO N  O F TERRORISM. - M n  PERSON W HO, NOT BEING 
A CONSPIRATOR, ACCOMPLICE OR ACCESSORY PENALIZED UNDER T H IS  
ACT, SHALL BY ANY MEANS PU BLICIZE, PROMOTE, OR GLORIFY, PERSON­
ALLY OR THROUGH THE M ED IA, TERRORIST OR EXTREMELY VIO LENT 
ACTS, SHALL SUFFER THE PENALTY OF TEN (1 0 ) YEARS AND ONE DAY TO 
TWELVE (1 2 ) YEARS OF IM P R IS O N M E N T ."
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Sec. 16. Sec. 7 of R.A. 9372 us hereby amended to read as follows:
2 
"Sec.7. Surveillance o f Suspects and Interception and Recording o f Communi-
3 
cations. The provisions of R.A. No. 4200 (Anti-Wire Tapping Law) AN D R.A.
4 
NO. 1 0 1 7 5  (CYBERCRIME PREVENTION ACT) to the contrary notwith-
5 
Standing, a police or law enforcement official and the members of his team may,
6 
upon a written order of the REGIONAL TR IA L COURT OR THE Court of Ap-
7 
peals, listen to, intercept, SCREEN, READ, SURVEIL, and record, OR COL-
8 
LECT, with the use of any mode, form, kind or type of electronic, M EC H AN I-
9 
CAL, D IG IT A L, OR CYBER COMPUTER NETW ORK or other surveillance
10 
equipment or or intercepting and tracking devices, or with the use of any other
11 
suitable ways and means for that purpose, any PRIVATE communication, mes-
12 
sage, conversation, discussion, DATA, IN FO R M A TIO N , MESSAGES IN
13 
W HATEVER FORM, K IN D  OR NATURE, OR SPOKEN OR W RITTEN
14 
W ORDS AS W ELL AS CO M M U NICATIO NS:
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(A ) BY ANY PERSON, W HO BASED ON REASONABLE GROUNDS, IS  
SUSPECTED OF OR CHARGED W IT H  THE CRIM E OF TERRORISM  OR 
CONSPIRACY TO C O M M IT TERRO RISM ; OR
(b) between members of a [judicially declared and outlawed] PROSCRIBED 
OR DESIGNATED terrorist organization AS DEFINED UNDER SEC. 3 (E) OF 
RA 1 0 1 6 8  OTHERW ISE KNOW N AS THE "TERRO RISM  FIN A N C IN G  
PREVENTION AND SUPPRESSION ACT OF 2 01 2; OR
(C ) PROSCRIBED OR DESIGNATED IN D IV ID U A L  OR NATURAL PERSON 
AS DEFINED BY SEC. 3 (E ) OF RA 1 0 1 6 8  OTHERW ISE KNOW N AS THE 
"TERRO RISM  FIN A N C IN G  PREVENTION AND SUPPRESSION ACT OF 
2012 .
^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]
IN  CASE OF AN ACTUAL TERRORIST ATTACK, THE CO UNCIL MAY FILE 
AN EX-PARTE APPLIC ATIO N  W IT H  THE REGIONAL T R IA L COURT OR 
THE COURT OF APPEALS FOR THE ISSUANCE OF AN ORDER, TO 
COMPEL 
NETW ORK 
SYSTEMS 
TO 
PRODUCE 
ALL 
CUSTOMER 
IN FO R M A TIO N  AND ID E N T IF IC A T IO N  RECORDS, AS W ELL AS CALL, 
TEXT OR DATA RECORDS, AND OTHER CELLULAR OR INTERNET 
METADATA OF ANY PERSON SUSPECTED OF ANY OF THE CRIM ES 
DEFINED AND PENALIZED UNDER THE PR O VISIO N S OF T H IS  ACT. 
UPON ISSUANCE OF S A ID  ORDER, NOTICE THEREOF SHALL BE GIVEN 
TO THE N A TIO N AL TELECOM M UNICATIO NS CO M M ISSIO N  TO ENSURE 
IM M E D IA TE  CO M PLIAN CE."
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Sec. 17. Sec. 8 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 8. Formal Application fo r Judicial Authorization. - The written order of the
4 
REGIO NAL T R IA L COURT OR THE authorizing division of the Court of Appeals
5 
to LOCATE, [track down,] tap, listen to, intercept, and record communications,
6 
messages, conversations, discussions, or spoken or written words of any person
7 
OR GROUP OF PERSONS suspected of C O M M ITTIN G  ANY OF the crime of
8 
terrorism or the crime of conspiracy to commit terrorism shall only be granted by
9 
the REGIO NAL T R IA L COURT OR THE authorizing 
division of the Court of
10 
Appeals upon an e,;r parfe written application of a police or of a law enforcement
11 
official, AGENT OR DEPUTIZED LAW  ENFORCEMENT OR M ILIT A R Y  PER-
12 
SONNEL who has been duly authorized in writing by the Anti-Terrorism Council
13 
created in Sec. 53 of this Act to file such e>r/c><7yTe application, and upon exami-
14 
nation under oath or affirmation of the applicant and the witnesses he may pro-
15 
duce to establish: (a) that there is probable cause to believe based on personal
16 
knowledge of facts or circumstances that ANY OF the said crim es of terrorism
17 
or conspiracy to commit terrorism has been committed, or is being committed, or
18 
is about to be committed; (b) that there is probable cause to believe, based on
19 
personal knowledge of facts or circumstances that evidence, which is essential to
20 
the conviction of any charged or suspected person for, or to the solution or pre-
21 
vention of, any such crimes, will be obtained; and, (c) that there is no other
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effective means readily available for acquiring such evidence."
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Sec. 18. Sec. 9 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 9. Classification and Contents o f the Order o f the Court. - The written order
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granted by the REGIO NAL T R IA L COURT OR THE authorizing division of the
28 
Court of Appeals as well as its order, if any, to extend or renew the same, the
29 
original application of the applicant, including his application to extend or renew,
30 
if any, and the written authorizations of the Anti-Terrorism Council shall be
31 
deemed and are hereby declared as classified information: [Provided, That the
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person being surveilled or whose communications, letters, papers, messages,
33 
conversations, discussions, spoken or written words and effects have been mon-
34 
itored, listened to, bugged or recorded by law enforcement authorities has the
35 
right to be informed of the acts done by the law enforcement authorities in the
36 
premises or to challenge, if he or she intends to do so, the legality of the inter-
37 
ference before the Court of Appeals which issued the written order.] BEING
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CLASSIFIED IN FO R M A TIO N , ACCESS TO S A ID  DOCUMENTS AND ANY
39 
IN FO R M A TIO N  CO NTAINED THEREIN SHALL BE LIM IT E D  TO THE AP-
40 
PLICANTS OR THE HEARING JUSTICES OR JUDGE. The written order of the
41 
REGIO NAL T R IA L COURT OR THE authorizing division of the Court of Appeals
42 
shall specify the following: (a) the identity, such as name and address, if known,
43 
of the charged or suspected person whose communications, messages, conver-
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sations, discussions, or spoken or written words are to be tracked down, tapped.
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listened to, intercepted, and recorded and, in the case of radio, electronic, or 
telephonic (whether wireless or otherwise) communications, messages, conver­
sations, discussions, or spoken or written words, the electronic transmission sys­
tems or the telephone numbers to be tracked down, tapped, listened to, inter­
cepted, 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 OR 
M IL IT A R Y  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 UNDERTAKE SU RVEIL­
LANCE A C T IV IT IE S ; (c) the offense or offenses committed, or being commit­
ted, or sought to be prevented; and, (d) the length of tim e within which the 
authorization shall be used or carried out."
Sec. 19. Sec. 10 of R.A. 9372 us hereby amended to read as follows:
"Sec. 10. Effective Period o f Judicial Authorization. - Any authorization granted by the 
REGIO NAL TR IA L COURT OR THE authorizing division of the Court of Appeals the 
Court pursuant to Sec. 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 [th irty (30)] SIXTY (6 0 ) 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 or M ILIT A R Y  O FFIC IAL. [The applicant police 
or law enforcement official shall, within thirty (30) days, report to the authorizing 
division of the court of appeals the result of the said surveillance, interception and 
recording.]
The REGIO NAL T R IA L COURT OR THE authorizing division of the Court of Appeals 
may extend or renew the said authorization for another period, which shall not exceed 
[th irty (30)] N IN E TY (9 0 ) days from the expiration of the original period unless this 
period is extended by the Court for good cause shown: Provided, That the REGIONAL 
T R IA L COURT OR 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 appli­
cant, 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 SUCCESSOR IN  PO SITIO N  OR the one 
next in rank to the original applicant who is likewise a member of the team shall file 
the application for extension or renewal: Provided, That, without prejudice to the lia­
bility of the police or law enforcement personnel under Sec. [2 0 ] 29 hereof, the ap­
plicant [police, or] law enforcement official or M IL IT A R Y  OFFICER shall have thirty 
(30) days after the termination of the period granted by the REGIO NAL TR IA L 
COURT OR THE Court of Appeals as provided in the preceding paragraphs within
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which to file the appropriate case before the Public Prosecutor's Office for any violation
2 
of this Act.
4 
If no case is filed within the thirty-day period AFTER THE LAPSE OF THE JU D IC IA L
5 
A U TH O R IZA TIO N , the applicant [police or] law enforcement OR M ILIT A R Y  official
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shall [immediately notify the person subject of the surveillance, interception and re-
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cording ] TERM INATE S A ID  SURVEILLANCE, INTERCEPTIO N AND RECORD-
8 
IN G  UNLESS T H IS  PERIOD IS  EXTENDED BY THE COURT FOR CAUSE. The
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penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
10 
imposed upon the applicant [police or] law enforcement OR M ILIT A R Y  official W HO
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M ALIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE who fails to notify
12 
the person subject of the surveillance, monitoring, interception and recording [as
13 
specified above ] OF THE TE R M IN A TIO N  OF THE S A ID  SURVEILLANCE, IN -
14 
TERCEPTION AND RECORDING UPON THE F ILIN G  OF A CASE SPECIFICED
15 
ABOVE."
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Sec. 20. Sec. 11 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 11. Custody o f Intercepted and Recorded Communications. - All O R IG IN A L
20 
tapes, DISCS OR OTHER STORAGE DEVICES, and recordings, NOTES, MEMO-
21 
RANDA, SUM M ARIES, EXCERPTS AND ALL COPIES THEREOF O BTAIN ED UN-
22 
DER THE JU D IC IA L AU TH O R IZA TIO N  GRANTED BY THE [made pursuant to the
23 
authorization of the authorizing division of the] REGIONAL T R IA L COURT OR THE
24 
Court of Appeals shall, within [forty-eight (48) hours] TEN (1 0 ) DAYS after the ex-
25 
piration of the period fixed in the written order of the REGIONAL T R IA L COURT OR
26 
THE division of the Court of Appeals or within forty-eight (48) hours after the expira-
27 
tion of any extension or renewal granted by the REGIO NAL TR IA L COURT OR THE
28 
division of the Court of Appeals, be deposited with the authorizing division of the
29 
[Court of Appeals] SAME COURT in a sealed envelope or sealed package, as the case
30 
may be, and shall be accompanied by a joint affidavit of the applicant police or law
31 
enforcement official and the members of his team LAW  ENFORCEMENT OR M IL I-
32 
TARY PERSONNEL. THE JO IN T  A F F ID A V IT  SHALL PROVIDE THE CH AIN  OF
33 
CUSTODY OR THE LIST OF PERSONS W HO EXERCISED POSSESSION OR
34 
CUSTODY OVER THE TAPES, DISCS AN D RECORDINGS.
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In case of death of the applicant or in case he is physically disabled to execute the
37 
required affidavit, the successor in position or the one next in rank to the applicant
38 
who is likewise a member of the team shall execute with the members of the team
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that required affidavit.
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It shall be unlawful for any person, police officer, LAW  ENFORCEMENT OR M IL I-
42 
TARY O FFIC IA L or any custodian of the tapes, OTHER STORAGE DEVICES, discs
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and OTHER STORAGE OR recording DEVICE, NOTES, MEM ORANDA, SUM M AR-
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lES, EXCERPTS AND ALL COPIES THEREOF [and their excerpts and summaries.
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written notes or memoranda to copy in whatever form, to remove, delete, expunge,
2 
incinerate, shred or destroy in any manner the items enumerated above in whole or
3 
in part under any pretext whatsoever] TO REMOVE, DELETE, EXPUNGE, IN C IN -
4 
ERATE, SHRED OR DESTROY IN  ANY M ANNER THE ITEM S ENUMERATED
5 
ABOVE IN  W HOLE OR IN  PART UNDER ANY PRETEXT WHATSOEVER.
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Any person who M ALIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE re­
moves, deletes, expunges, incinerates, shreds, LOSES or destroys the items enumer­
ated above shall suffer a penalty of IM P R IS O N M E N T RANG ING  FROM [n o t less 
than] six (6) years and one day to twelve (12) years of imprisonment."
12 
Sec. 21. Sec. 12 of R.A. 9372 us hereby amended to read as follows:
13
"Sec. 12. Contents o f Joint A ffidavit - The joint affidavit of the police or of the law 
enforcement official OR M ILIT A R Y  OFFICER 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 therew ith]; (b) the dates and times 
covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, 
and recordings; and (d) the date of the original written authorization granted by the 
Anti-Terrorism Council to the applicant to file the e x a p p l i c a t i o n  to conduct the 
tracking down, tapping, intercepting, and recording, as well as the date of any exten­
sion or renewal of the original written authority granted by the REGIONAL TR IA L 
COURT OF THE authorizing division of the Court of Appeals.
The jo int affidavit shall also certify under oath the number of duplicates or copies of 
the whole or any part of any of such tapes, discs, OTHER STORAGE DEVICES and 
recordings NOTES, MEM ORANDA, SUM M ARIES, EXCERPTS AND ALL COPIES 
THEREOF, and [th a t] 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 pack­
age, as the case may be, deposited with the REGIONAL TR IA L COURT OR THE 
authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official OR M ILIT A R Y  
OFFICER to om it or exclude from the joint affidavit any item or portion thereof men­
tioned in this Section.
Any person, police or law enforcement OR M ILIT A R Y  officer who maliciously or 
through inexcusable negligence violates any of the acts prescribed in the preceding 
paragraph shall suffer the penalty of IM P R IS O N M E N T RANG ING  FROM [n o t less 
than] ten (10) years and one day to twelve (12) years of imprisonment."
43 
Sec. 22. Sec. 13 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 13. Disposition o f Deposited Material. -The sealed envelope or sealed package 
and the contents thereof, which are deposited with the REGIO NAL T R IA L COURT 
OR 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, DISCLOSED or used as 
evidence unless authorized by written order of the REGIONAL T R IA L COURT OR 
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 authoriz­
ing 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 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.]
THE W RITTEN AP PLIC A TIO N , W IT H  NOTICE TO THE PARTY CON­
CERNED, FOR THE OPENING, REPLAYING, DISC LO SING , OR USING  AS E V I­
DENCE OF THE SEALED PACKAGE OR THE CONTENTS THEREOF, SHALL 
CLEARLY STATE THE PURPOSE OR REASON FOR IT S  OPENING, REPLAYING, 
DISC LO SING , OR IT S  BEING USED AS EVIDENCE.
V IO LA TIO N  OF T H IS  AND THE PRECEDING PARAGRAPH SHALL BE PE­
NALIZED  BY IM P R IS O N M E N T RANGING FROM EIG HT (8 ) YEARS AND ONE 
DAY TO TEN YEARS."
30 
Sec. 23. Sec. 14 of R.A. 9372 us hereby amended to read as follows:
31
32 
"Sec. 14. Application to Open Deposited Seated Envelope or Sealed Package. - The
33 
written application to open the deposited sealed envelope or sealed package shall
34 
clearly state the purpose or reason: (a) for ITS  opening the sealed envelope or sealed
35 
package; AN D (b) for revealing or disclosing its classified contents, [(c) for replaying,
36 
divulging, and or reading any of the listened to, intercepted, and recorded communi-
37 
cations, messages, conversations, discussions, or spoken or written words (including
38 
any of the excerpts and summaries thereof and any of the notes or memoranda made
39 
in connection therewith); and, (d) for using any of said listened to, intercepted, and
40 
recorded communications, messages, conversations, discussions, or spoken or written
41 
words (including any of the excerpts and summaries thereof and any of the notes or
42 
memoranda made in connection therewith) as evidence.]"
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Sec. 24. Sec. 15 of R.A. 9372 us hereby amended to read as follows:
2
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"Sec. 15. Evidentiary Value [ o f  Deposited Materiais\. - Any listened to, intercepted,
4 
and recorded communications, messages, conversations, discussions, or spoken or
5 
written words, or any part or parts thereof, or any information or fact contained
6 
therein, including their existence, content, substance, purport, effect, or meaning,
7 
which have been secured in violation of the pertinent provisions of this Act, shall not
8 
be admissible and usable as evidence in any judicial, quasi-judicial, legislative, or ad-
9 
ministrative investigation, inquiry, proceeding, or hearing EXCEPT AS AUTHO RIZED
10 
BY THE PROPER COURT OR IN  CONNECTION W IT H  A POSSIBLE V IO LA TIO N
11 
OF SECTIONS 19, 23, 24, OR 43 OF T H IS  AC T."
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Sec. 25. Sec. 16 of R.A. 9372 us hereby amended to read as follows:
14
15 
"Sec. 16. Penalty fo r Unauthorized o r Maiicious Interceptions and/or Recordings. -
16 
Any person or police or law enforcement personnel OR M ILIT A R Y  OFFICER who,
17 
[not being authorized to do so by the authorizing division of the Court of Appeals,
18 
tracks down, taps, listens to, intercepts, and records in whatever manner or form any
19 
communication, message, conversation, discussion, or spoken or written word of a
20 
person charged with or suspected of the crime of terrorism or the crime of conspiracy
21 
to commit terrorism ] CONDUCTS SURVEILLANCE A C T IV IT IE S  W ITH O U T A
22 
V A LID  JU D IC IA L AU TH O R IZA TIO N  shall be guilty of an offense and shall suffer
23 
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
24
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In addition to the liability attaching to the offender for the commission of any other
26 
offense, the penalty of ten (10) years and one day to twelve (12) years of imprison-
27 
ment, and if applicable, the accessory penalty of perpetual absolute disqualification
28 
from public office, shall be imposed upon any person, police or law enforcement per-
29 
sonnel who maliciously obtained an authority from the division of the Court of Appeals
30 
to track down, tap, listen to, intercept, and record in whatever manner or form any
31 
communication, message, conversation, discussion, or spoken or written words of a
32 
person charged with or suspected of the crime of terrorism or conspiracy to commit
33 
terrorism: Provided, That notwithstanding Sec. 13 of this Act, the party aggrieved by
34 
such authorization shall be allowed access to the sealed envelope or sealed package
35 
and the contents thereof as evidence for the prosecution of any police or law enforce-
36 
ment personnel who maliciously procured said authorization."
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Sec. 26. Sec. 17 of R.A. 9372 us hereby amended to read as follows:
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40 
"Sec. 17. Proscription o/TER R O R IST IN D IV ID U A L S , Terrorist Organizations, Asso-
41 
ciation, o r Group o f Persons. - Any IN D IV ID U A L , organization, association, or group
42 
of persons W HO VIO LATE ANY OF THE ACTS DEFINED AN D PENALIZED UN-
43 
DER THE PR O VISIO NS OF T H IS  ACT AND ANY IN D IV ID U A L , O RG ANIZA-
44 
T IO N , OR GROUP OF PERSONS organized for the purpose of engaging in terrorism,
17/41


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or which, although not organized for that purpose, actually uses the acts to terrorize
2 
mentioned in this Act [o r to sow and create a condition of widespread and extraordi-
3 
nary fear and panic among the populace in order to coerce the government to give in
4 
to an unlawful demand] shall, upon application of the Department of Justice before a
5 
competent Regional Trial Court, with due notice and opportunity to be heard given to
6 
the organization, association, or group of persons concerned, be declared as a terrorist
7 
and outlawed organization, association, or group of persons by the said Regional Trial
8 
Court.
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AN EX PARTE AP PLIC ATIO N  SHALL BE FILED W IT H  AN URGENT 
PRAYER FOR THE ISSUANCE OF A PR ELIM IN AR Y ASSET PRESERVATION 
ORDER A N D /O R  A PR ELIM IN AR Y ORDER OF PROSCRIPTIO N.
THE APPLIC ATIO N  FOR PROSCRIPTION SHALL BE FILED BY THE SEC­
RETARY OF THE DEPARTMENT OF JUSTICE UPON THE RECOMMENDATION 
OF THE AN TI-TE R R O R IS M  C O U N C IL."
Sec. 27. Sec. 18 of R.A. 9372 us hereby amended to read as follows:
"Sec. 18. Period o f Detention W ithout Judidai Warrant o f A rrest - The provisions of 
Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or 
law enforcement personnel OR M ILIT A R Y  OFFICER, who, having been duly author­
ized 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 ter­
rorism shall, without incurring any criminal liability for delay in the delivery of detained 
persons to the proper judicial authorities, deliver said charged or suspected OR AR­
RESTED person to the proper judicial authority within a period of [three (3)] SEVEN 
(7 ) W O R KIN G  days counted from the moment the said charged or suspected person 
has been apprehended or arrested, detained, and taken into custody by the said po­
lice, 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 surveil­
lance under Sec.[7 ] 15 [and examination of bank deposits under Sec. 27] of this Act, 
or if the evidence of probable commission of a terrorism offense or involvement in a 
conspiracy to commit terrorism is found by the judicial authority to whom the person 
is presented pursuant to the following paragraph of this section to be clear and con­
vincing.
[The police or law enforcement personnel concerned shall, before detaining the per­
son 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
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why they have arrested the person and determine by questioning and personal obser­
vation whether or not the suspect has been subjected to any physical, moral or psy­
chological 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 person­
nel shall notify in writing the judge of the Court nearest the place of apprehension or 
arrest, SUCH AS: (A ) THE T IM E , DATE, AND M ANNER OF ARREST; (B ) THE 
LOCATION OR LOCATIONS OF THE DETAINED SUSPECT/S AND (C ) THE 
PHYSICAL AND MENTAL C O N D ITIO N  OF THE DETAINED SUSPECT/S, THE 
LAW  ENFORCEMENT PERSONNEL OR DEPUTIZED LAW  ENFORCEMENT 
AGENCY OR M ILIT A R Y  PERSONNEL SHALL LIK E W IS E  FURNISH THE A N T I­
TERRORISM  COUNCIL OF THE W R ITTEN  NOTICE GIVEN TO THE JUDGE. Pro­
vided, 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 IM P R IS O N M E N T RANGING FROM ten (10) years and one day to 
twelve (12) years of imprisonment shall be imposed upon the police or law enforce­
ment personnel OR M IL IT A R Y  OFFICER who M A LIC IO U SLY OR THROUGH 
NEGLIGENCE fail to notify and judge as Provided in the preceding paragraph."
Sec. 28. Sec. 19 of R.A. 9372 us hereby amended to read as follows:
"Sec. 19. Period o f Detention in the Event o f an Actual o r Im m inent Terrorist Attack. 
- In the event of an actual or imminent terrorist attack, suspects may not be detained 
for more than three (3 ) days without the written approval of a municipal, city, pro­
vincial 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, the 
arresting [police or] law enforcement personnel OR M IL IT A R Y  OFFICER 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 con­
cerned within five days after the date of the detention of the persons concerned: 
Provided, however, That within three (3)d^a^s after the detention the suspects, whose 
connection with the terror attack or threat is not established, shall be released imme­
diately. 
OTHERW ISE, S A ID  SUSPECTS SHALL, W IT H IN  TH IR TY  (3 0 ) DAYS 
AFTER THE ACTUAL OR IM M IN E N T  TERRORIST ATTACK CEASES, EXCLUD­
IN G  SATURDAYS, SUNDAYS AND HO LIDAYS, BE DELIVERED TO THE 
PROPER JU D IC IA L A U TH O R ITY ."
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Sec. 29. Sec. 20 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 20. Penalty fo r Failure to Deliver Suspect to the Proper Judicial Authority within 
Three Days. - The penalty [o f ten (10) years and one day to twelve (12) years of 
imprisonment] PROVIDED UNDER SECTION 124 OF ACT NO. 3 81 5, OTHER­
W IS E KNOW N AS THE REVISED PENAL CODE, shall be imposed upon any [police 
or] law enforcement personnel OR M ILIT A R Y  OFFICER who has M ALIC IO U SLY 
OR THROUGH INEXCUSABLE NEGLIGENCE 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 maliciously or through inexcusable negligence fails 
to deliver such charged or suspected person to the proper judicial authority within the 
period of three days, except in the cases in which Section 19 of this Act is applicable 
and its provision have been followed."
Sec. 30. Sec. 21 of R.A. 9372 us hereby amended to read as follows:
"Sec. 21. Rights o f 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 in­
formed, by the arresting [police or] law enforcement OR M ILIT A R Y  officers or by 
the [police or] law enforcement OR M ILIT A R Y  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 pref­
erably 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 hour of the day or, in urgent cases, 
of the night; (d) allowed to communicate freely and privately at any hour of the day 
or, in urgent cases, of the night with the members of his family or with his nearest 
relatives and to be visited by them; (e) allowed freely to avail of the service of a 
physician or physicians of choice.; AND, (F) INFO RM ED OF H IS  RIG HT TO COM­
M UNICATE W ITH O U T DELAY W IT H  THE NEAREST APPROPRIATE REPRE­
SENTATIVE OF THE STATE OF W H IC H  THAT PERSON IS  A N A TIO N AL OR IF  
THAT PERSON IS  STATELESS, THE STATE IN  W H IC H  THAT PERSON O R D I­
N A R ILY  RESIDES."
Sec. 31. Sec. 22 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 22. Penalty fo r Violation o f  the Rights o f a Detainee. -  [Any police or law
2 
enforcement personnel, or any personnel of the police or other law enforcement
3 
custodial unit that violates any of the aforesaid rights of a person charged with or
4 
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
5 
shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day
6 
to twelve (12) years of imprisonment.] THE PENALTY OF IM P R IS O N M E N T RANG-
7 
IN G  FROM TEN (1 0 ) YEARS AND ONE DAY TO TWELVE (1 2 ) YEARS SHALL
8 
BE IM PO SED UPON ANY LAW  ENFORCEMENT OR M ILIT A R Y  OFFICER W HO
9 
HAS VIO LATED THE RIGHTS OF PERSONS UNDER TH E IR  CUSTODY.
10
11 
Unless the police or law enforcement OR M ILIT A R Y  personnel who violated the
12 
rights of a detainee or detainees as stated above is duly identified, the same penalty
13 
shall be imposed on the police officer or head or leader of the law enforcement OR
14 
M ILIT A R Y  unit having custody of the detainee at the time the violation was done."
15
16 
Sec. [2 3 ] 32. Requirement fo r an Official Custodial Logbook and its Contents. - The
17 
police or other law enforcement custodial unit in whose care and control the person
18 
charged with or suspected of the crime of terrorism or the crime of conspiracy to
19 
commit terrorism has been placed under custodial arrest and detention shall keep a
20 
securely and orderly maintained official logbook, which is hereby declared as a public
21 
document and opened to and made available for .the inspection and scrutiny of the
22 
lawyer or lawyers of the person under custody or any member of his or her family or
23 
relative by consanguinity or affinity within the fourth civil degree or his or her physician
24 
at any time of the day or night without any form of restriction. The logbook shall
25 
contain a clear and concise record of: (a) the name, description, and address of the
26 
detained person; (b) the date and exact tim e of his initial admission for custodial arrest
27 
and detention; (c) the name and address of the physician or physicians who examined
28 
him physically and medically; (d) the state of his health and physical condition at the
29 
time of his initial admission for custodial detention; (e) the date and time of each
30 
removal of the detained person from his cell for interrogation or for any purpose; (f)
31 
the date and time of his return to his cell; (g) the name and address of the physician
32 
or physicians who physically and medically examined him after each interrogation; (h)
33 
a summary of the physical and medical findings on the detained person after each of
34 
such interrogation; (i) the names and addresses of his family members and nearest
35 
relatives, if any and if available; (j) the names and addresses of persons, who visit the
36 
detained person; (k) the date and time of each of such visits; (1) the date and time
37 
of each request of the detained person to communicate and confer with his legal
38 
counsel or counsels; (m) the date and time of each visit, and date and tim e of each
39 
departure of his legal counsel or counsels; and, (n) all other important events bearing
40 
on and all relevant details regarding the treatm ent of the detained person while under
41 
custodial arrest and detention.
42 
The said police or law enforcement custodial unit shall upon demand of the
43 
aforementioned lawyer or lawyers or members of the family or relatives within the
44 
fourth civil degree of consanguinity or affinity of the person under custody or his or
45 
her physician issue a certified true copy of the entries of the logbook relative to the
46 
concerned detained person without delay or restriction or requiring any fees
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whatsoever including documentary stamp tax, notarial fees, and the like. This certified
2 
true copy may be attested by the person who has custody of the logbook or who
3 
allowed the party concerned to scrutinize it at the tim e the demand for the certified
4 
true copy is made.
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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.
SECTIONS 24 AND 25 OF R.A. 9 3 7 2  ARE HEREBY DELETED.
["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 torm ent, 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, intimida­
tion, or coercion, or from such inflicted physical pain or torm ent, 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 fo r Threat, Intimidation, Coercion, o r Torture in the Investigation 
and Interrogation o f a Detained Person. - Any person or persons who use threat, 
intimidation, or coercion, or who inflict physical pain or torm ent, or mental, moral, or 
psychological pressure, which shall vitiate the free-will of a charged or suspected per­
son 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 ten (10) years and one day to twelve (12) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a con­
sequence of the use of such threat, intimidation, or coercion, or as a consequence of 
the infliction on him of such physical pain or torm ent, 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. 33. R IG H TS  O F THE DETAINED. -  IN  THE IN V E S TIG A TIO N  AND IN TE R ­
ROGATION OF THE DETAINED PERSON/S, THE PR O VISIO NS AND PENAL­
TIES PROVIDED FOR UNDER R.A. 9 7 4 5 , OTHERW ISE KNOW N AS THE 
"AN TI-TO R TU R E ACT OF 2 0 0 9 ", SHALL BE APPLICABLE.
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ANY PUBLIC OFFICER W HO HAS DIRECT CUSTODY OF A DETAINED PERSON
2 
OR W HO BY H IS /H E R  M ALIC IO U S, DELIBERATE ACT, MISCONDUCT, OR IN -
3 
EXCUSABLE NEGLIGENCE, CAUSES OR ALLOW S THE ESCAPE OF SUCH DE-
4 
TA IN E D  PERSON SHALL BE G UILTY OF AN OFFENSE AND SHALL SUFFER THE
5 
PENALTY OF: (A ) TWELVE (1 2 ) YEARS AND ONE DAY TO TW ENTY (2 0 )
6 
YEARS OF IM P R ISO N M EN T, IF  THE DETAINED PERSON HAS ALREADY BEEN
7 
CONVICTED AND SENTENCED IN  A FIN AL JUDGMENT OF A COMPETENT
8 
COURT; AND (B ) S IX  YEARS AND ONE DAY TO TW ELVE (1 2 ) YEARS OF IM -
9 
PRISONM ENT, IF  THE DETAINED PERSON HAS NOT BEEN CONVICTED AND
10 
SENTENCED IN  A FIN A L JUDGMENT OF A COMPETENT COURT.
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Sec. 34. Sec. 26 of R.A. 9372 us hereby amended to read as follows:
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"Sec. 26. Restriction on M O B ILIT Y  AND 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 ap­
plication by the prosecutor, shall limit the right of travel of the accused to [w ithin] 
the municipality or city where he resides or [w here] IF  the case is pending, in the 
interest of national security and public safety, consistent with Article III, Sec. 6 of 
the Constitution. THE COURT SHALL IM M E D IA TE LY  FURNISH THE DEPART­
MENT OF JUSTICE AND THE BUREAU OF IM M IG R A T IO N  W IT H  THE COPY 
OF THE S A ID  ORDER. 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.
If the evidence of guilt is strong, the court shall immediately issue a hold departure 
order and direct the Department of Foreign Affairs to cancel the passport of the 
accused.
The restrictions abovementioned shall be terminated upon the acquittal of the ac­
cused 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."
SECTIONS 27 AND 28 OF R.A. 9 3 7 2  ARE HEREBY DELETED.
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["Sec. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and
2 
Records. - The provisions of Republic Act No. 1405 as amended, and Republic Act
3 
6426 to the contrary notwithstanding, the authorizing division of the Court of Appeals
4 
after satisfying itself of the existence of probable cause in a hearing called for that
5 
purpose that: (1) a person charged with or suspected of the crime of terrorism or,
6 
conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist or-
7 
ganization, association, or group of persons; and (3) of a member of such judicially
8 
declared and outlawed organization, association, or group of persons, may authorize
9 
in writing any police or law enforcement officer and the members of his/her team duly
10 
authorized in writing by the Anti-Terrorism Council to: (a) examine, freeze or cause
11 
the examination of, the deposits, placements, trust accounts, assets and records in a
12 
bank or financial institution; and (b) gather or cause the gathering of any relevant
13 
information about such deposits, placements, trust accounts, assets, and records from
14 
a bank or financial institution. The bank or financial institution concerned, shall not
15 
refuse to allow such examination or to provide the desired information, when so, or-
16 
dered by and served with the written order of the Court of Appeals."]
17
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[Sec. 28. Appiication to Examine Bank Deposits, Accounts, and Records. - The written
19 
order of the Court of Appeals authorizing the examination of bank deposits, place-
20 
ments, trust accounts, assets, and records: (1) of a person charged with or suspected
21 
of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially de-
22 
dared and outlawed terrorist organization, association, or group of persons, or (3) of
23 
any member of such organization, association, or group of persons in a bank or finan-
24 
cial institution, and the gathering of any relevant information about the same from
25 
said bank or financial institution, shall only be granted by the authorizing division of
26 
the Court of Appeals upon an ex parte application to that effect of a police or of a law
27 
enforcement official who has been duly authorized in writing to file such ex parte
28 
application by the Anti-Terrorism Council created in Sec. 53 of this Act, and upon
29 
examination under oath or affirmation of the applicant and, the witnesses he/she may
30 
produce to establish the facts that will justify the need and urgency of examining and
31 
freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the
32 
person charged with or suspected of the crime of terrorism or conspiracy to commit
33 
terrorism; (2) of a judicially declared and outlawed terrorist organization, association
34 
or group of persons; or (3) of any member of such organization, association, or group
35 
of persons.]
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Sec. [3 2 ] 35. Contents o f Joint A ffidavit - The jo int affidavit shall state: (a) the iden-
38 
tifying marks, numbers, or symbols of the deposits, placements, trust accounts, as-
39 
sets, and records examined; (b) the identity and address of the bank or financial in-
40 
stitution where such deposits, placements, trust accounts, assets, and records are
41 
held and maintained; (c) the total number of bank deposits, placements, trust ac-
42 
counts, assets, and records discovered, examined, and frozen; (d) the outstanding
43 
balances of each of such deposits, placements, trust accounts, assets; (e) the date of
44 
the original written authorization granted by the Anti-Terrorism Council to the appli-
45 
cant to file the ex parte Application to conduct the examination of the said bank de-
46 
posits, placements, trust accounts, assets and records, as well as the date of any
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extension or renewal of the original written authorization granted by the authorizing
2 
division of the Court of Appeals; and (f) that the items enumerated were all that were
3 
found in the bank or financial institution examined at the time of the completion of
4 
the examination.
6 
The jo int affidavit shall also certify under oath the number of duplicates or copies of
7 
the original documents that have been made of the information, data, acquired from
8 
the examination of the bank deposits, placements, trust accounts, assets and records.
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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 M ALIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE re­
moves, deletes, expunges, incinerates, shreds or destroys in any manner the items 
enumerated above in whole or in partv
Any person who copies, for purposes other than legitimate law enforcement purposes,
or who M A LIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE removes, de­
letes, 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 impris­
onment.
SEC. 36. B A N K  IN Q U IR Y  A N D  E X A M IN A T IO N - UPON ORDER OF THE COURT 
OR PROSCRIPTIO N OF AN O R G AN IZA TIO N , ASSO CIATIO N , OR PERSON AS 
TERRORISTS, THE COUNCIL THRU THE A N TI-M O N E Y  LAUNDERING  COUN­
C IL, MAY CONDUCT AN IN Q U IR Y  AND EX A M IN A TIO N  IN TO  THE BANK AC­
COUNTS AN D INVESTM ENTS OF SUCH O R G AN IZA TIO N , ASSO CIATIO N , OR 
IN D IV ID U A L . SUCH IN Q U IR Y  AND EX AM IN ATIO N  SHALL BE IN  ACCORD­
ANCE W IT H  RA NO. 9 1 6 0 , OTHERW ISE KNOW N AS THE "A N T I-M O N E Y  
LAUNDERING  ACT OF 2 0 0 1 ", IN  RELATION TO RA NO. 10168, OTHERW ISE 
KNOW N AS "TERRO RISM  FIN A N C IN G  PREVENTION AND SUPPRESSION 
ACT OF 2 0 1 2 ". ANY PERSON, LAW  ENFORCEMENT OR M ILIT A R Y  OFFICER 
W HO EXAM INES THE DEPOSITS, PLACEMENTS, TRUST ACCOUNTS, ASSETS, 
OR RECORDS IN  A BANK OR FIN A N C IA L IN S T IT U T IO N  IN  CONTRAVENTION 
OF THE PREVIOUS PARAGRAPH SHALL SUFFER THE PENALTY OF IM P R IS ­
ONM ENT RANG ING  FROM TEN (1 0 ) YEARS AND ONE DAY TO TWELVE (1 2 ) 
YEARS.
W HEN IN O R D IN A TE  DELAY IN  THE REQUEST FOR A BANK IN Q U IR Y  HAS 
OCCURRED, OR AN ONG OING  C R IM IN A L IN V E S TIG A TIO N  MAY BE COM­
PROM ISED, THE LAW  ENFORCEMENT OR M ILIT A R Y  OFFICER IN  CHARGE, 
SHALL REQUEST THE COUNCIL M O T U P R O P R IO lO  SEEK COURT A U TH O R I­
ZA TIO N  FOR A BANK IN Q U IR Y .
SECTIONS 3 3 -3 4  OF R.A. 9 3 7 2  ARE HEREBY DELETED.
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[Sec. 33 Disposition o f 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 proper Court, which written order shall be granted only upon a written application 
of the Department of Justice filed before the proper Court and only upon a showing 
that the Department of Justice has been duly authorized in writing by the Anti-Terror­
ism 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.]
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Sec. 37. Sec. 35 of R.A. 9372 is hereby amended to read as follows:
26
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"Sec. 35. Evidentiary Value o/'IM PRO PERLY ACQUIRED Deposited Bank Materials.
28 
- Any information, data, excerpts, summaries, notes, memoranda, work sheets, re-
29 
ports, or documents acquired from the examination of the bank deposits, placements,
30 
trust accounts, assets and records of THE FO LLO W ING: (1) a person charged or
31 
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism;
32 
(2) a judicially declared and outlawed terrorist organization, association, or group of
33 
persons; or (3) a member of such organization, association, or group of persons, which
34 
have been secured in violation of the provisions of this Act, shall [absolutely] not be
35 
admissible and usable as evidence against anybody in any judicial, quasi-judicial, leg-
36 
islative, or administrative investigation, inquiry, proceeding, or hearing".
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[Sec. 29. Classification and Contents o f the Court Order Authorizing the Examination
39 
o f Bank Deposits, Accounts, and Records. - The written order granted by the author-
40 
izing division of the Court of Appeals as well as its order, if any, to extend or renew
41 
the same, the original e x a p p l i c a t i o n  of the applicant, including his ex parte
42 
application to extend or renew, if any, and the written authorizations of the Anti-
43 
Terrorism Council, shall be deemed and are hereby declared as classified information.
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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 Ap­
peals shall specify: (a) the identity 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 rec­
ords 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 o f Court Authorization to Examine and Obtain Inform ation 
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 tim e 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 applicant police or law enforcement official shall, within thirty (30) days, report 
to the authorizing division of the Court of Appeals the result of the examination of the 
bank deposits, placements, trust accounts, assets, and records. The authorizing divi­
sion 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 ninety (90) days 
from the expiration of the original period, unless this period is extended by the Court 
for good cause shown: 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 or for any 
other reason he is unable 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 Sec. 19 hereof, the applicant police or law en­
forcement official shall have eight months 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.
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If no case is filed within the thirty-day period, the applicant police or law enforcement
2 
official shall terminate the bank examination and freezing of bank deposits, place-
3 
ments, trust accounts, assets and records, unless this period is extended by the Court
4 
for good cause shown. The penalty of ten (10) years and one day to twelve (12) years
5 
of imprisonment shall be imposed upon the applicant police or law enforcement official
6 
who fails to notify in writing the person subject of the bank examination of bank de-
7 
posits, placements, trust accounts, assets and records of the termination of the said
8 
bank examination upon the filing of a case.
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Any person, law enforcement official or judicial authority who maliciously or through 
inexcusable negligence 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 o f Bank Data and Inform ation Obtained after Examination o f De­
posits, Piacements, Trust Accounts, Assets and Records. - All information, data, and 
other documents obtained from the examination of the bank deposits, placements, 
trust accounts, assets and records obtained from examination under the preceding 
Section 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 au­
thorizing 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, 
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.]
SECTION 36 OF R.A. 9 3 7 2  is HEREBY DELETED.
[Sec. 36. Penaity fo r Unauthorized o r Malicious Examination o f a Bank o r a Financial 
Institution. - Any person, police or law enforcement personnel who examines the de­
posits, placements, trust accounts, assets, or records in a bank or financial institution 
of [the following]: (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 or­
ganization, 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 imprison­
ment 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
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charged with or suspected of the crime of terrorism or conspiracy to commit terrorism;
2 
(2) a judicially declared and outlawed terrorist organization, association, or group of
3 
persons; or (3) a member of such organization, association, or group of persons: Pro-
4 
vided. That notwithstanding Sec. 33 of this Act, the party aggrieved by such authori-
5 
zation shall upon motion duly filed be allowed access to the sealed envelope or sealed
6 
package and the contents thereof as evidence for the prosecution of any police or law
7 
enforcement personnel who maliciously procured said authorization.]
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Sec. 38. Sec. 37 of R.A. 9372 is hereby amended to read as follows:
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"Sec. 37. Penalty o f Bank Officials and Employees Defying a Court Authorization. - An 
employee, official, or a member of the board of directors of a bank or financial insti­
tution, who refuses to allow the examination of the deposits, placements, trust ac­
counts, assets, and records of the following: (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 IM P R IS O N M E N T RANG ING  FROM ten (10) years and one 
day to twelve (12) years of imprisonment."
Sec. 38. of R.A. 9372 is hereby amended to read as follows:
"Sec. 38. Penalty fo r False o r Untruthful Statement o r Misrepresentation o f Material 
Fact in Joint Affidavits. - Any false or untruthful statement or misrepresentation of 
material fact made M A LIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE 
in the jo int affidavits required respectively in Sec. 20 and Sec. 34 of this Act shall 
constitute a criminal offense and the affiants shall suffer individually the penalty o fte n 
(10) years and one day to twelve (12) years of imprisonment".
Sec. 39 of R.A. 9372 is hereby amended to read as follows:
"Sec. 39. FREEZE, Seizure and Sequestration. -  THE FROZEN, SEIZED, OR SE­
QUESTERED BALANCES, PLACEMENTS, AND OTHER ASSETS FROM A BANK 
IN Q U IR Y  A R IS IN G  FROM A TERRORISM IN V E S TIG A TIO N  SHALL BE PRO­
CESSED IN  ACCORDANCE W IT H  RA 10 1 6 8  OTHERW ISE KNOW N AS THE 
"TERRO RISM  FIN A N C IN G  PREVENTION AND SUPPRESSION ACT OF 2 0 1 2 ."
The accused or a person suspected of may withdraw such sums as may be reasonably 
needed by the monthly needs of his/her 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
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because of his/her indictment as a terrorist upon permission of the Court for any le-
2 
gitimate reason.
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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 impris­
onment".
Sec. 40 of R.A. 9372 is hereby amended to read as follows:
"Sec. 40. Nature o f 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.
BANK DEPOSITS AND OTHER ASSETS O BTAINED IN  A BANK IN Q U IR Y  A R IS ­
IN G  FROM A TERRORISM  IN V E S TIG A TIO N  MAY BE PRESENTED AS E V I­
DENCE BEFORE THE COURTS.
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Sec. 41 of R.A. 9372 is hereby amended to read as follows:
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"Sec. 41. Disposition o f the Seized, Sequestered and Frozen Bank Deposits, Place-
32 
ments. Trust Accounts, Assets and Record. - If the person suspected of or charged
33 
with the crime of terrorism or conspiracy to commit terrorism is found, after his inves-
34 
tigation, to be innocent by the investigating body, or is acquitted, after his arraignment
35 
or his case is dismissed before his arraignment by a competent Court, the seizure,
36 
sequestration and freezing of his bank deposits, placements, trust accounts, assets
37 
and records shall forthwith be deemed lifted by the investigating body or by the com-
38 
petent Court, as the case may be, and his bank deposits, placements, trust accounts,
39 
assets and records shall be deemed released from such seizure, sequestration and
40 
freezing, and shall be restored to him without any delay by the bank or financial insti-
41 
tution concerned without any further action on his part. The filing of any appeal on
42 
motion for reconsideration shall not stay the release of said funds from seizure, se-
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questration and freezing.
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If the person charged with the crime of terrorism or conspiracy to commit terrorism is
2 
convicted by a final judgm ent of a competent trial Court, his seized, sequestered and
3 
frozen bank deposits, placements, trust accounts, assets and records shall be auto-
4 
matically forfeited in favor of the government.
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In case of civil forfeiture, the provisions of the Rules of Court shall apply.
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[Upon acquittal, any person who is maliciously accused of terrorism shall be entitled 
to the payment of liquidated damages in the amount of Five hundred thousand pesos 
(P500, 000.00) for the period in which his/her properties, assets or funds were seized. 
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.]"
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Sec. 42 of R.A. 9372 is hereby amended to read as follows:
"Sec. 42. Penalty fo r Unjustified Refusal to Restore o r Delay in Restoring Seized, Se­
questered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Rec­
ords. - Any person who M ALIC IO U SLY OR THROUGH INEXCUSABLE N E G LI­
GENCE 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 compe­
tent Court shall suffer the penalty of ten (10) years and one day to twelve (12) years 
of imprisonment."
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Sec. 43 of R.A. 9372 is hereby amended to read as follows:
"Sec. 43. Penalty fo r the Loss, Misuse, Diversion o r Dissipation o f Seized, Sequestered 
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any 
person who, M ALIC IO U SLY OR THROUGH INEXCUSABLE NEGLIGENCE, is re­
sponsible 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."
SECTION 4 4  OF R.A. 9 3 7 2  IS  HEREBY DELETED.
[Sec. 44. Infidelity in the Custody o f Detained Persons. - Any public officer who has 
direct custody of a detained person or under the provisions of this Act and who by his
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deliberate act, misconduct, or inexcusable negligence causes or allows the escape of
2 
such detained person shall be guilty of an offense and shall suffer the penalty of: (a)
3 
twelve (12) years and one day to twenty (20) years of imprisonment, if the detained
4 
person has already been convicted and sentenced in a final judgm ent of a competent
5 
court; and (b) six years and one day to twelve (12) years of imprisonment, if the
6 
detained person has not been convicted and sentenced in a final judgm ent of a
7 
competent court.]
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Sec. 44. Sec. 46 of R.A. 9372 is hereby amended to read as follows:
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"Sec. 46. Penalty fo r Unauthorized Revelation o f Classified Materials. - The penalty of 
six (6) years and one day to twelve (12) years of imprisonment shall be imposed upon 
any person, police or law enforcement OR M ILIT A R Y  OFFICER, agent, judicial of­
ficer or civil servant who, not being authorized by the REGIONAL T R IA L COURT 
OR THE Court of Appeals to do so, M ALIC IO U SLY OR THROUGH INEXCUSABLE 
NEGLIGENCE reveals in any manner or form any classified information under this 
Act. THE PENALTY IM PO SED HEREIN IS  W IT H O U T PREJUDICE AND IN  AD ­
D IT IO N  TO ANY CORRESPONDING A D M IN IS T R A T IV E  L IA B IL IT Y  THE OF­
FENDER MAY HAVE INCURRED FOR SUCH ACTS."
Sec. 45. Sec. 47 of R.A. 9372 is hereby amended to read as follows:
"Sec. 47. Penalty fo r Furnishing False Evidence, Forged Document, o r Spurious Evi­
dence. - The penalty of IM P R IS O N M E N T RANG ING  FROM 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. 46. Sec. 48 of R.A. 9372 is hereby amended to read as follows:
"Sec. 48. Continuous Trial - In cases [o f terrorism or conspiracy to commit terrorism ] 
IN V O LV IN G  THE CRIM ES DEFINED AND PENALIZED UNDER THE PR O VI­
SIO N S OF T H IS  ACT, the judge shall set the continuous trial on a daily basis from 
Monday to Friday or other short-term trial calendar so as to ensure COM PLIANCE 
W IT H  THE ACCUSED'S RIG H T TO SPEEDY trial."
Sec. [4 5 ] 4 9 . Im m unity and Protection o f 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, how­
ever, That said witnesses shall be entitled to benefits granted to witnesses under said 
Republic Act No.6981.
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SECTIONS 49, 50, AND 51 OF R.A. 9 3 7 2  ARE HEREBY DELETED.
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[SEC. 49. Prosecution Under This A ct Shall be a Bar to Another Prosecution under the 
Revised Pena! Code o r any Special Pena! 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 A c t]
[SEC. 50. Damages fo r Unproven Charge o f 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. D uty to Record and Report the Name and Address o f the Inform ant. - 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 transm it 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.
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The name and address of the informant shall be considered confidential and shall not
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be unnecessarily revealed until after the proceedings against the suspect shall have
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been term inated.]
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Sec. 50. Sec. 53 of R.A. 9372 is hereby amended to read as follows:
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"Sec. 53. Anti-Terrorism Councii. - 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 mem­
bers.
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 sub­
ject to such security classifications as the Council may, in its judgm ent 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 Investiga­
tion, the Bureau of Imm igration, the Office of Civil Defense, the Intelligence Service 
of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Phil­
ippine Center on Transnational Crime, THE N A TIO N AL TELECO M M UNICATIO NS 
C O M M ISS IO N  and the Philippine National Police intelligence and investigative ele­
ments shall serve as support AGENCIES for the Council.
THE SECRETARY OF IN FO R M ATIO N  AND C O M M U N IC ATIO N S TECHNOLOGY, 
SECRTARY OF SCIENCE AND TECHNOLOGY, SECRETARY OF TRANSPORTA­
T IO N , THE SECRETARY OF LABOR AND EMPLOYMENT, THE SECRETARY OF 
EDUCATION, AND SECRETARY OF SO CIAL WELFARE AND DEVELOPMENT, 
TOGETHER W IT H  THE PR ESID ENTIAL ADVISER FOR PEACE, REUNFICATIO N 
AND U N IT Y  AND THE CHIEF M IN IS T E R  OF THE BANGSAMORO AUTONO­
MOUS REGION IN  M U SLIM  M IN D AN AO , OR THOUGH TH E IR  DULY AUTHOR­
IZED  REPRESENTATIVES, SHALL ACT AS PERMAMENT RESOURCE PERSONS 
OF THE COUNCIL.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effec­
tive anti-terrorism plans, programs, [and counter-] or measures TO PREVENT, 
COUNTER, suppress [and] OR eradicate terrorism in the country and to protect the 
people from acts of terrorism.
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UNDER THE COUNCIL, AN AN TI-TER R O R ISM  PROJECT MANAGEMENT 
GROUP (ATPM G ) SHALL BE CONSTITUTED OF PERMANENT EMPLOYEES TO 
BE THE M A IN  A D M IN IS T R A T IV E  AND OPERATIONS ARM OF THE COUNCIL.
[The Council shall identify the lead agency for such programs.]
Sec. 51. Sec. 54 of R.A. 9372 is hereby amended to read as follows:
"Sec. 54. Functions o f 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 .] 2. 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 A ct;]
[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 pun­
ishable 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]
1. PROMOTE N A TIO N A LIS M , ENABLE THE YOUTH TO BECOME RESPONSI­
BLE C ITIZEN S AND R E SILIEN T TO ANY FORM OF M A N IP U LA TIO N , IN C LU D ­
IN G  R A D IC A LIZ A TIO N  AND VIO LEN T EXTREMISM ;
2. COORDINATE ALL GOVERNMENT EFFORTS GEARED TOW ARDS PEACE 
B U ILD IN G . IT  SHALL PROMOTE CULTURE OF PEACE AND NONVIOLENCE 
SPECIFICALLY IN V O LV IN G  YOUNG PEOPLE AND W OM EN;
3. FORMULATE AND IM PLEM ENT A COMPREHENSIVE AN TI-TER R O R ISM  
PLAN TO INCLUDE MEASURES ON TARGET HARDENING, SAFEGUARDING
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OF C R ITIC AL INFRASTRUCTURE, COUNTER-TERRORISM CAPACITY B U ILD -
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IN G , STRENGTHENING OF LAW  ENFORCEMENT AND BORDER CONTROL, FA-
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C ILIT A T IO N  OF INTELLIGENCE FUSION, ENSURING OPERATIONAL READ I-
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NESS, AND ON THE PURSUIT OF LEGAL AND LEG ISLATIVE IN IT IA T IV E S ;
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4. ESTABLISH AND M A IN T A IN  A COMPREHENSIVE DATABASE IN FO R -
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M ATIO N  SYSTEM ON TERRORISM , TERRORIST A C TIV ITIE S , AND COUNTER-
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TERRORISM  OPERATIONS;
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5. PREVENT IN D O C T R IN A T IO N , R A D IC A LIZA TIO N  AND COUNTER THE 
SPREAD OF TERRORIST AND VIO LEN T EXTREMIST IDEAS;
6. M O N ITO R  THE PROGRESS OF THE IN V E S TIG A TIO N  AND PROSECUTION 
OF ALL PERSONS ACCUSED A N D /O R  DETAINED DEFINED AN D PENALIZED 
UNDER THE PR O VISIO NS OF T H IS  ACT;
[6 ] 7. Grant monetary rewards and other incentives to informers who give vital in­
formation 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 ;] CRIM ES DEFINED AND PENALIZED UNDER THE PR O VISIO N S OF 
T H IS  ACT; PROVIDED, THAT, NO MONETARY REWARD SHALL BE GRANTED 
TO INFO RM ANTS UNLESS THE ACCUSED'S DEMURER TO EVIDENCE HAS 
BEEN DENIED OR THE PROSECUTION HAS RESTED IT S  CASE W ITH O U T 
SUCH DEMURER HAVING  BEEN FILED;
[7 ] 8. Establish and maintain coordination with and the cooperation and assistance of 
other [nations in the struggle against] STATES, JU R IS D IC TIO N S , IN TE R N A ­
T IO N A L EN TITIE S  AND O R G AN IZATIO N S IN  PREVENTING AND COMBAT­
IN G  international terrorism; and
[9. In the performance of its functions, the ATC and its Program Management Center 
may call for any assistance and support from any government agency and instrumen­
tality, including local governments.]
Sec. [5 5 ] 52. Role o f 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 con­
spiracy to commit terrorism.
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Sec. [5 6 ] 53. Creation o f  a Grievance Committee. - There is hereby created a Griev­
ance 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.
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The Committee shall have three subcommittees that will be respectively headed by
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the Deputy Ombudsmen in Luzon, the Visayas and Mindanao. The subcommittees
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shall respectively hold office at the Offices of Deputy Ombudsman. Three Assistant
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Solicitors General designated by the Solicitor General, and the regional prosecutors of
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the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be
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members thereof. The three subcommittees shall assist the Grievance Committee in
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receiving, investigating and evaluating complaints against the police and other law
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enforcement officers in the implementation of this Act. If the evidence warrants it,
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they may file the appropriate cases against the erring police and law enforcement
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officers. Unless seasonably disowned or denounced by the complainants, decisions or
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judgm ents in the said cases shall preclude the filing of other cases based on the same
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cause or causes of action as those that were filed with the Grievance Committee or its
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branches.
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Sec. [5 7 ] 54. Ban on Extraordinary Rendition. - No person suspected, CHARGED or
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convicted of the crime of terrorism shall be subjected to "extraordinary rendition" to
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any country. However, "rendition" may occur when his or her testimony is needed for
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terrorist related police investigations or judicial trials in the said country and his or her
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human rights, including the right against torture, and right to counsel, are officially
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assured by the requesting country and transmitted accordingly and approved by the
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Department of Justice.
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Sec. 55. Sec. 58 of R.A. 9372 is hereby amended to read as follows:
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"Sec. 58. Extra-Territorial Application o f this Act. - Subject to the provision of an ex­
isting treaty of which the Philippines is a signatory STATE PARTY 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 ddined 
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, com­
m it any of the said crimes on board Philippine ship or Philippine airship; (4) to individ­
ual persons who commit any of said crimes within any embassy, consulate, or diplo­
matic 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 
Philippine citizens, persons of Philippines
descent, or other nationals; and (6) to individual persons who, although physically
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outside the territorial limits of the Philippines, commit said crimes directly against the
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Philippine government.
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IF  A LAW  ENFORCEMENT OR M ILIT A R Y  PERSONNEL OR OFFICER IS  AR-
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RESTED OUT OF P H IL IP P IN E  TERRITORY IN  THE PURSUIT OF A TERROR-
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1ST, GROUP OF TERRORISTS, OR TERRORIST O R G AN IZATIO N S, THE GOV-
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ERNMENT SHALL EXTEND ALL EFFORTS AND RESOURCES TO REPATRIATE
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S A ID  LAW  ENFORCEMENT PERSONNEL OR M ILIT A R Y  OFFICER.
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IN  CASES WHERE A F IL IP IN O  IS  ARRESTED UNDER SU SPIC IO N OF TER­
RO RIST INVO LVEM ENT OUTSIDE P H IL IP P IN E  JU R IS D IC T IO N , THE STATE 
SHALL REQUEST THE FOREIGN COUNTRY FOR THE REPATR IATIO N  OF THE 
F IL IP IN O  SUSPECT IN  ORDER THAT HE/SHE SHALL BE TR IE D  IN  P H IL IP ­
PINE COURTS W HENEVER THE ACTS CHARGED ARE PUNISHABLE UNDER 
P H IL IP P IN E  LAWS, EVEN IN  THE ABSENCE OF AN EXTR AD ITIO N  TREATY 
W IT H  THE S A ID  FOREIGN COUNTRY.
IF  A LAW  ENFORCEMENT PERSONNEL OR M ILIT A R Y  OFFICER IS  KILLED  
O UTSIDE P H IL IP P IN E  JU R IS D IC TIO N  IN  THE PURSUIT OF A TERRORIST, 
GROUP OF TERRORISTS, TERRORIST O R G AN IZATIO N S, OR IN  THE PER­
FORMANCE OF H IS /H E R  DUTIES, THE P H IL IP P IN E  GOVERNMENT, W IT H  
THE ASSISTANCE AND COOPERATION OF THE FOREIGN COUNTRY, SHALL 
EXERT ALL EFFORTS TO RETRIEVE H IS /H E R  REM AINS.
THE SAME EFFORT SHALL ALSO BE EXERTED TO RETRIEVE THE REM AINS 
OF A F IL IP IN O  N ATIO N AL SUSPECTED OR CONVICTED OF C O M M ITTIN G  
TERRO RIST A C TIV ITIE S .
IN  CASE OF AN ALIE N  WHOSE EXTR AD ITIO N  IS  W IT H IN  THE SCOPE OF ANY 
OF THE TREATIES OF W H IC H  THE REPUBLIC OF THE P H ILIP P IN E S  IS  A 
STATE PARTY, AND THAT ALIE N  IS  NOT EXTRADITED TO THE REQUESTING 
STATE, THE REPUBLIC OF THE P H ILIP P IN E S , W ITH O U T EXCEPTION W H A T­
SOEVER AND W HETHER OR NOT THE OFFENSE WAS CO M M ITTED IN  THE 
P H ILIP P IN E S , SHALL SU BM IT THE CASE W ITH O U T UNDUE DELAY TO THE 
DEPARTMENT OF JUSTICE FOR THE PURPOSE OF PROSECUTION IN  THE 
SAME M ANNER AS IF  THE ACT CO NSTITUTING  THE OFFENSE HAD BEEN 
CO M M ITTED IN  THE P H ILIP P IN E S , IN  W H IC H  CASE, THE COURTS IN  THE 
C ITY OF M A N ILA , P H ILIP P IN E S  SHALL HAVE JU R IS D IC T IO N  OVER THE OF­
FENSE.
In case of an alien whose extradition is requested pursuant to, and within the scope 
of any of the treaties listed in Section 3(d) of this Act, of which the Republic of the 
Philippines is a State Party, and that alien is not extradited to the requesting state, 
the Republic of the Philippines, without exception whatsoever and whether or not the
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offence was committed in the Philippines, shall submit the case without undue delay 
to the Department of Justice for the purpose of prosecution in the same manner as if 
the act constituting the offence had been committed in the Philippines, in which case, 
the Courts of the Philippines shall have jurisdiction over the offense.
The Philippines may at its option, and subject to the principle autdedere, autjudicare, 
consider any of the treaties listed in Section 3(d) of this Act, as a legal basis for re­
questing or granting extradition in respect of the offenses set forth under this Act",
Sec. [5 9 ] 56. 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 Com­
mittee 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 Commit­
tee 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 implemen­
tation 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 cor­
respondences, messages, conversations and the like were listened to or subjected to 
monitoring, recording and tapping.
W ithout prejudice to its submitting other reports, the Committee shall render a semi­
annual 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 Presi­
dent a report every six months of the status of anti-terrorism cases that have been 
filed with them starting from the date this Act is implemented.
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Sec. [5 2 ] 57. Applicability o f the Revised Pena! C ode- the Provisions of Book I of the
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Revised Penal Code shall be applicable to this Act.
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SEC. 58. APPR O PRIATIO N S -  THE AM OUNT OF FIVE HUNDRED M ILL IO N  
PESOS (PHP 500 , 000 , 0 0 .0 0 ) IS  HEREBY APPROPRIATED TO THE COUNCIL 
AS AN IN IT IA L  FUND, FOR THE EFFECTIVE AND IM M E D IA TE  IM PLEM EN TA­
T IO N  OF T H IS  ACT. THEREAFTER, SUCH SUMS AS MAY BE NECESSARY FOR 
THE CO NTINUED IM PLEM EN TATIO N  OF T H IS  ACT SHALL BE INCLUDED IN  
THE ANNUAL GENERAL APPR O PRIATIO N S ACT.
SEC. 59. IM P LE M E N TIN G  RULES A N D  R E G U L A T IO N S - THE AN TI-TER R O R ­
IS M  CO UNCIL SHALL PROMULGATE THE RULES AN D REGULATIONS FOR 
THE EFFECTIVE IM PLEM EN TATIO N  OF T H IS  ACT W IT H IN  N IN ETY (9 0 ) 
DAYS AFTER IT S  EFFECTIVITY. THEY SHALL ALSO ENSURE THE FULL D IS ­
S E M IN A TIO N  OF SUCH RULES AND REGULATIONS TO BOTH HOUSES OF 
CONGRESS, AND ALL OFFICERS AND MEMBERS OF VARIO U S LAW  EN­
FORCEMENT AGENCIES.
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 take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) newspapers of general circulation. 
It also shall 
be published in three newspapers of local circulation, one each in llocos Norte, Baguio 
City and Pampanga; three newspapers of local circulation, one each in Cebu, Iloilo 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 Iloilo; 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.
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[A fter the publication required above shall have been done, the Act shall take
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effect two months after the elections are held in May 2007.
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Thereafter, the provisions of this Act shall be automatically suspended one
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month before and two months after the holding of any election.]"
Approved,
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