Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7370

Introduced by: “

‘A” JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

‘The country’s security and safety is one of the duties that must be addressed and enforced
by the government. The State must establish a security measure in order to protect its people
from threat arising from domestic and international conflicts. This bill will enhance the
provisions of Republic Act No. 9372, or the Human Security Act of 2007.

Under the Human Security Act of 2007, the State shall protect the life, liberty and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make terrorism a crime against
the Filipino people, against humanity and against the law of nations.

This bill seeks to provide warrantless surveillance by using technological advancement
such as but not limited to electronic or mechanical means in order to suppress the participation in
terrorism activities by foreign elements situated in the Philippines. This measure will help the
law enforcement bodies or agencies to gather sensitive information relating to the nation’s
security,

In view of the foregoing, the approval of this bill is highly recommended. ets
7

“KUYA” JOSE A!

NIO R. SY-ALVARADO
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7370

“KUYA” JOSE ANTO! R. SY-ALVARADO

AN ACT
STRENGTHENING NATIONAL SECURITY BY PROVIDING FOR
THE ELECTRONIC SURVEILLANCE OF FOREIGN ENTITIES UNDER CERTAIN
CONDITIONS

Be it enacted by the Senate and the House of Representatives of the Philippines 6 in
Congress assembled:

TABLE OF CONTENTS

SECTION 1. Short Title

SEC. 2. Definition of Terms

SEC. 3. Electronic Surveillance Authorization

SEC. 4. Emergency Authorizations

SEC. 5. Emergencies involving Non-Filipino Citizens

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized Electronic
Surveillance; Training of Intelligence Personnel

SEC.7. Retention of Certifications, Applications and Orders
SEC. 8. Bar to Legal Action
SEC. 9. Use of Information

SEC. 10. Report to Supreme Court Office of the Court Administrator Office and to
Congress

SEC. 11. Report of the Secretary of Justice to Congressional Committees; Limitation on
Authority or Responsibility of Information Gathering Activities of Congressional Committees;
Report of Congressional Committees to Congress

SEC. 12. Criminal Sanctions

EC. 13. Civil Liability

SEC. 14. Authorization During Time of War

SEC. 15. Extra-Territorial Application of this Act

SEC. 16. Separability Clause


SEC. 17. Repealing Clause

SEC. 18. Special Effectivity Clause

SECTION 1. Short Title. — This Act shall be known as the “Foreign Electronic
Surveillance Act.”

SEC. 2. Definition of Terms. — As used in this Act:

(a) Foreign entity means ~ a foreign government or any component thereof, whether or
not recognized by the Philippines; a faction of a foreign nation or nations, majority of whose
population is composed of persons who are not Filipino citizens; an entity that is openly
acknowledged by a foreign government or governments to be directed and controlled by such
foreign government or governments; a group engaged in international terrorism or activities in
preparation therefor; a foreign-based non-government organization, majority of whose members
or stockholders are persons who are not Filipino citizens; an entity that is directed and controlled
by a foreign government or governments; or an entity not substantially composed of Filipino
citizens that is engaged in the international proliferation of weapons of mass destruction.

(b) Agent of a foreign entity means any person other than a Filipino citizen, who —

(A) Acts in the Philippines as an officer or employee of a foreign entity, or as a
member of a foreign entity as defined in this Act, irrespective of whether the person is
inside the Philippines;

(B) Acts for or on behalf of a foreign entity which engages in clandestine
intelligence activities in the Philippines contrary to the interests of the Philippines;

(C) Engages in international terrorism as defined in Republic Act (RA) No. 9372,
also known as the “Human Security Act of 2007" or activities in preparation therefor,

(D) Engages in the international proliferation of weapons of mass destruction, or
activities in preparation therefor; or

(E) Engages in the international proliferation of weapons of mass destruction, or
activities in preparation therefor, for or on behalf of a foreign entity, or knowingly aids or
abets any person in the conduct of such proliferation or activities in preparation therefor,
or knowingly conspires with any person to engage in such proliferation or activities in
preparation therefor; or

(6) Any person who —

(A) Knowingly engages in clandestine intelligence gathering activities for or on
behalf of a foreign entity, whether the activities involve or may not involve a violation of the
laws of the Philippines;

(B) Pursuant to the direction of an intelligence service or network of a foreign
entity, knowingly engages in any other clandestine intelligence activities for or on behalf
of such foreign entity, whether the activities involve or may not involve a violation of the
laws of the Philippines;

(©) Knowingly engages in sabotage or international terrorism, or activities that
are in preparation therefor, for or on behalf of a foreign entity;

(D) Knowingly enters the Philippines under a false or fraudulent identity for or on
behalf of a foreign entity or, while in the Philippines, knowingly assumes a false or
fraudulent identity for or on behalf of a foreign entity; or


(E) Knowingly aids or abets any person in the conduct of activities described in
this paragraph or knowingly conspires with any person to engage in activities described

in this paragraph.

(c) International terrorism means activities that involve violent acts or acts dangerous to
human life as defined in Section 3 of RA 9372 committed within or outside the jurisdiction of
the Philippines.

(d) Sabotage means activities that involve a violation of Title Three or Title Four of Book
Two of the Revised Penal Code or that would involve such a violation if committed against the
Philippines.

(e) Foreign intelligence information means

(1) Information that relates to, and if concerning a Filipino citizen is necessary to,
the ability of the Philippines to protect against —
(A) Actual or potential attack or other grave hostile acts of a foreign
entity or an agent of a foreign entity;

(B) Sabotage, international terrorism, or the international proliferation
of weapons of mass destruction by a foreign entity or an agent of a foreign entity;
or

(C) Clandestine intelligence activities by an intelligence service or
network of a foreign entity or by an agent of a foreign entity; or

(2) Information with respect to a foreign entity or foreign territory that relates to,
and if concerning a Filipino citizen is necessary to —

(A) The national defense or the security of the Philippines; or
(B) The conduct of the foreign affairs of the Philippines.
() Electronic surveillance means

(1) The acquisition by an electronic, mechanical, or other surveillance device of
the contents of any wire or radio communication sent by or intended to be received by a
particular, known Filipino citizen who is in the Philippines, if the contents are acquired
by intentionally targeting that Filipino citizen, under circumstances in which a person has
‘a reasonable expectation of privacy and a warrant would be required for law enforcement

Purposes;

(2) The acquisition by an electronic, mechanical, or other surveillance device of
the contents of any wire communication to or from a person in the Philippines, without
the consent of any party thereto, if such acquisition occurs in the Philippines, but does not
include the acquisition of those communications of computer trespassers that would be
permissible under the law;

(3) The intentional acquisition by an electronic, mechanical, orother surveillance
device of the contents of any radio communication, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would be required for law
enforcement purposes, and if both the sender and all intended recipients are located
within the Philippines;

(4) The intentional acquisition by an electronic, mechanical, or other surveillance
device of the contents of any communication via the Internet or other electronic


communications network, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement purposes,
and if both the sender and all intended recipients are located within the Philippines; or

(5) The installation or use of an electronic, mechanical, or other surveillance
device in the Philippines for monitoring to acquire information, other than from a wire,
radio or any electronic communication, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be required for law enforcement
purposes.

(g) Secretary of Justice means the Secretary of the Department of Justice of the
Philippines (or Acting Secretary of Justice), or, upon the designation of the Secretary of Justice,
the appropriate Undersecretary of Justice

(h) Minimization procedures, with respect to electronic surveillance, means

(i) Specific procedures, which shall be adopted by the Secretary of Justice, that are
reasonably designed in light of the purpose and technique of the particular surveillance, to
minimize the acquisition and retention, and prohibit the dissemination, of non-publicly available
information concerning unconsenting Filipino citizens consistent with the need of the Philippines
to obtain, produce, and disseminate foreign intelligence information; procedures that require that
non-publicly available information, which is not foreign intelligence information, as defined in
this section, shall not be disseminated in a manner that identifies any Filipino citizen, without
such person's consent, unless such person's identity is necessary to understand foreign
intelligence information or assess its importance; notwithstanding the above paragraphs,
procedures that allow for the retention and dissemination of information that is evidence of a
crime which has been, is being, or is about to be committed and that is to be retained or
disseminated for law enforcement purposes; and notwithstanding the above paragraphs, with
respect to any electronic surveillance approved pursuant to this Act, proceduresthat require that
no contents of any communication to which a Filipino citizen is a party shall be disclosed,
disseminated, or used for any purpose or retained for longer than 72 hours unless a court order is
obtained or unless the Secretary of Justice determines that the information indicates a threat of
death or serious bodily harm to any person.

(j) Filipino citizen means a citizen of the Philippines, either by birth or naturalization, or
a corporation, partnership, cooperative, or association a majority of the stock or membership of
which is of citizens of the Philippines and which were formed in accordance with Philippine
laws.

(k) Philippines, when used in a geographic sense, means all areas under the territorial
sovereignty of the Philippines as defined in the Constitution.

(1) Surveilled person means a person who is the target of an electronic surveillance or any
other person whose communications or activities were subject to electronic surveillance.

(m) Wire communication means any communication while it is being carried by a wire,
cable, or other like connection furnished or operated by any person engaged as a common carrier
in providing or operating such facilities for the transmission of domestic or foreign
communications.

(m) Person means any individual, including any officer or employee of the government,
or any group, entity, association, corporation, or foreign entity.

(n) Contents, when used with respect to a communication, includes any information
concerning the identity of the parties to such communication or the existence, substance, purport,
or meaning of that communication


(0) Internet or electronic communication means any communication made through the
use of the Internet, or any similar electronic communications network regardless of whether
transmission is made by satellite, wired or wireless means or via access that is free or for a fee
through a public network, commercial provider or common carrier.

(p) Weapon of mass destruction means—

(1) Any explosive, incendiary, or poison gas device that is designed, intended, or
has the capability to cause a mass casualty incident;

(2) Any weapon that is designed, intended, or has the capability to cause death or
serious bodily injury to a significant number of persons through the release,
dissemination, or impact of toxic or poisonous chemicals or their precursors;

(3) Any weapon involving a biological agent, toxin, or vector that is designed,
intended, or has the capability to cause death, illness, or serious bodily injury to a
significant number of persons; or

(4) Any weapon that is designed, intended, or has the capability to release
radiation or radioactivity causing death, illness, or serious bodily injury to a significant
number of persons.

SEC. 3. Electronic Surveillance Authorization. - Except as otherwise provided in this
Act, electronic surveillance conducted anywhere in the Philippines or on targets at least one of
whom is located in the Philippines or on a target Filipino citizen located outside the Philippines
shall be upon a court order obtained in accordance with RA 9372. The Secretary of Justice and
the Director General of the National Intelligence Coordinating Agency (NICA) may authorize
jointly, for a period of up to one (1) year from the effective date of the authorization, the
targeting of persons reasonably believed to be located outside the Philippines to acquire foreign
intelligence information, subject to the limitations that the acquisition:

(A)May not intentionally target any person known at the time of acquisition to be
located in the Philippines;

(B) — May not intentionally target a person reasonably believed to be located
outside the Philippines if the purpose of such acquisition is to target a
particular, known person reasonably believed to be in the Philippines;

(C) May not intentionally target a Filipino citizen reasonably believed to be
located outside the Philippines;

(D) May not intentionally acquire any communication as to which the sender and
all intended recipients are known at the time of the acquisition to be located in the
Philippines; and

(E) may not be conducted in a manner contrary to Section 2, Article III of the
Constitution.

(2) An electronic surveillance authorized by this subsection may be conducted only in
accordance with the Secretary of Justice's certification of compliance with the foregoing
paragraph and the minimization procedures adopted by the Secretary. The Secretary of Justice
shall assess compliance with such procedures and shall report such assessments to the House of
Representatives Committee on National Defense and Security under the provisions of this Act

(3) The Secretary of Justice shall immediately transmit under seal to the Court of Appeals
a copy of his certification. Such certification shall be maintained under security measures


established by the Chief Justice with the concurrence of the Secretary of Justice, in consultation
with the Director General of NICA, and shall remain sealed unless—
(A) An application for a court order with respect to the surveillance is made under
RA 9372 or this Act; or

(B) The certification is necessary to determine the legality of the surveillance.

(4) With respect to electronic surveillance authorized by this section, the Secretary of
Justice may direct a specified communication common carrier to —

(A) Fumish all information, facilities, or technical assistance necessary to
accomplish the electronic surveillance in such a manner as will protect its secrecy and
produce a minimum of interference with the services that such carrier is providing its
customers; and

(B) Maintain under security procedures approved by the Secretary of Justice and
the NICA Director General any records concerning the surveillance or the aid furnished
which such carrier wishes to retain. The government shall compensate, at the prevailing
rate, such carrier for furnishing such aid.

(C) Applications for a court order are authorized if the President has, by written
authorization, empowered the Secretary of Justice to approve applications under RA 9372
to the Court of Appeals and the latter may, notwithstanding any other law, grant an order,
in conformity with this Act, approving electronic surveillance of a foreign entity or an
agent of a foreign entity for the purpose of obtaining foreign intelligence information.

SEC. 4, Emergency Authorizations. - Notwithstanding any other provision of this Act,
the Secretary of Justice may authorize the emergency 15 employment of electronic surveillance
on any target if he —

(A) Reasonably determines that an emergency situation exists with respect to the
employment of electronic surveillance to obtain foreign intelligence information before
an order authorizing such surveillance can with due diligence be obtained;

(B) Reasonably determines that the factual basis for the issuance of an order
under this Act to approve such electronic surveillance exists;

(C) Informs, either personally or through a designee, the designated division of
the Court of Appeals under RA 9372 at the time of such authorization that the decision
has been made to employ emergency electronic surveillance; and

(D) Makes an application in accordance with this Act to the designated division of
the Court of Appeals under RA 9372 as soon as practicable, but not later than seven (7)
days after the Secretary of Justice authorizes such surveillance. If the Secretary of Justice
authorizes the emergency employment of electronic surveillance under paragraph

(1) The Secretary of Justice shall require that the minimization procedures
required by this Act for the issuance of a judicial order be followed.

(2) In the absence of a judicial order approving such electronic surveillance, the
surveillance shall terminate when the information sought is obtained, when the
application for the order is denied, or after the expiration of seven (7) days from the time
of authorization by the Secretary of Justice, whichever is earliest.

(3) A denial of the application made under this Act may be reviewed by the
Supreme Court.


(4) In the event that such application for approval is denied, or in any other case
where the electronic surveillance is terminated and no order is issued approving the
surveillance, no information obtained or evidence derived from such surveillance shall be
received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or
before any court, department, office, agency, regulatory body, legislative committee, or
other authority of the National Government, local government unit, or their political
subdivision, and no information concerning any Filipino citizen acquired from such
surveillance shall subsequently be used or disclosed in any other manner by government
officers or employees without the consent of such person, except with the approval of the
Secretary of Justice if the information indicates a threat of death or serious bodily harm to
any person.

(5) The Secretary of Justice shall assess compliance with the requirements of
paragraph.

SEC. 5. Emergencies Involving Non-Filipino Citizens.

(1) Notwithstanding any other provision of this Act, the lawfully authorized
targeting of a non-Filipino citizen previously believed to be located outside the
Philippines for the acquisition of foreign intelligence information may continue for a
period not to exceed 72 hours from the time that the non-Filipino citizen is reasonably
believed to be located inside the Philippines and the acquisition is 1 subject to this Act,
the Rules of Court and other laws, provided that the head of 2 an element of the
intelligence community

(A) Reasonably determines that a lapse in the targeting of such non-
Filipino citizen poses a threat of death or serious bodily harm to any person;

(B) Promptly notifies the Secretary of Justice of a determination under the
foregoing paragraph; and

(C) Requests, as soon as practicable, the employment of emergency
electronic surveillance under the previous section or the employment of an
emergency physical search, as warranted,

(2) The authority under this subsection to continue the acquisition of foreign
intelligence information is limited to a period not to exceed 72 hours and shall cease upon
the earlier of the following:

(A) The employment of emergency electronic surveillance under the
previous section or the employment of an emergency physical search.

(B) An issuance of a court order under RA 9372 or this Act.

(C) The Secretary of Justice provides direction that the acquisition be
terminated.

(D) The head of the element of the intelligence community conducting the
acquisition determines that a request under this section is not warranted.

(E) When the threat of death or serious bodily harm to any person is no
longer reasonably believed to exist.

(3) Non-publicly available information concerning unconsenting Filipino citizens
acquired under this subsection shall not be disseminated during the 72 hour time period
under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of
death or serious bodily harm to any person


(4) If the Secretary of Justice declines to authorize the employment of emergency
electronic surveillance under the previous section or theemployment of an emergency
physical search, or a court order is not obtained, information obtained during the 72 hour
acquisition time period under paragraph (1) shall not be retained, except with the
approval of the Secretary of Justice if the information indicates a threat of death or
serious bodily harm to any person

(5) Paragraphs (5) and (6) of the previous section shall apply to this section.

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized Electronic
Surveillance; Training of Intelligence Personnel. 18 Notwithstanding any other provision
of this Act, officers, employees, or agents of the government are authorized in the normal
course of their official duties to conduct electronic surveillance not targeted against the
communications of any particular person or persons, under procedures approved by the
Secretary of Justice, solely to—

(1) Test the capability of electronic equipment, if —

(A) It is not reasonable to obtain the consent o the persons incidentally
subjected to the surveillance;

(B) The test is limited in extent and duration to that necessary to determine
the capability of the equipment;

(C) The contents of any communication acquired are retained and used
only for the purpose of determining the capability of the equipment, are disclosed
only to test personnel, and are destroyed before or immediately upon completion
of the test; and:

(D) Provided, That the test may exceed ninety days only with the prior
approval of the Secretary of Justice;

(2) Determine the existence and capability of electronic surveillance equipment
being used by persons not authorized to conduct electronic surveillance, if

(A) It is not reasonable to obtain the consent of persons incidentally
subjected to the surveillance;

(B) Such electronic surveillance is limited in extent and duration to that
necessary to determine the existence and capability of such equipment; and

(©) Any information acquired by such surveillance is used only to enforce
Republic Act No, 4200 or the “Anti-Wiretapping Act” or Republic Act No. 10175
or the “Cybercrime Prevention Act, or to protect information from unauthorized
surveillance; or

(3) Train intelligence personnel in the use of electronic surveillance equipment, if
(A) Itis not reasonable to—

i, Obtain the consent of the persons incidentally subjected to the
surveillance;

ii, Train persons in the course of surveillances otherwise
authorized by this subchapter, or

iii, Train persons in the use of such equipment without engaging in
electronic surveillance;


(B) Such electronic surveillance is limited in extent and duration to that
necessary to train the personnel in the use of the equipment; and

(C) No contents of any communication acquired are retained or
disseminated for any purpose, but are destroyed as soon as reasonably possible.

SEC. 7. Retention of Certifications, Applications and Orders. - Certifications made by the
Secretary of Justice pursuant to Section 4 of this Act and applications made and orders granted
under this Act shall be retained for a period of at least ten years from the date of the certification
or application.

SEC. 8. Bar to Legal Action. — No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord, custodian, or other person
(including any officer, employee, agent, or other specified person thereof) that furnishes any
information, facilities, or technical assistance in accordance with a court order or request for
emergency assistance under this Act for electronic surveillance.

SEC. 9. Use of Information. -

(a) Compliance with Minimization Procedures; Privileged Communications,
Lawful Purposes. - Information acquired from an electronic surveillance conducted
pursuant to this Act concerning any Filipino citizen may be used and disclosed by
officers and employees of the government without the consent of the Filipino citizen only
in accordance with the minimization procedures required by this Act. No otherwise
privileged communication obtained in accordance with, or in violation of, the provisions
of this Act shall lose its privileged character. No information acquired from an electronic
surveillance pursuant to this Act may be used or disclosed by officers or employees of the
government except for lawful purposes

(b) Statement for Disclosure. — No information acquired pursuant to this Act shall
be disclosed for law enforcement purposes unless such disclosure is accompanied by a
statement that such information, or any information derived therefrom, may only be used
ina criminal proceeding with the advance authorization of the Secretary of Justice.

(c) Notification by the Government. - Whenever the government intends to enter
into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or
before any court, department, officer, agency, regulatory body, or other authority of the
Philippines, against a surveilled person, any information obtained or derived from an
electronic surveillance of that surveilled person pursuant to the authority of this Act, the
government shall, prior to the trial, hearing, or other proceeding or at a reasonable time
prior to an effort to so disclose or so use that information or submit it in evidence, notify
the surveilled person and the court or other authority in which the information is to be
disclosed or used that the government intends to so disclose or so use such information.

(d) Motion to Suppress. - Any person against whom evidence obtained or derived
from an electronic surveillance to which he is a surveilled person is to be, or has been,
introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or
before any court, department, officer, agency, regulatory body, or other authority of
thegovernment, may move to suppress the evidence obtained or derived from such
electronic surveillance on the grounds that —

(1) The information was unlawfully acquired; or

(2) The surveillance was not made in conformity with an order of
authorization or approval. Such a motion shall be made before the trial, hearing,
or other proceeding unless there was no opportunity to make such a motion or the
person was not aware of the grounds of the motion.


(e) In Camera and Ex Parte Review by Trial Court. - Whenever a court or other
authority is notified pursuant to subsection (c) or (d), or whenever a motion is made
pursuant to subsection (d), or whenever any motion or request is made by a surveilled
person pursuant to any other statute or rule before any court or other authority of the
government to discover or obtain applications or orders or other materials relating to
electronic surveillance or to discover, obtain, or suppress evidence or information
obtained or derived from electronic surveillance under this Act, the trial court shall,
notwithstanding any other law, if the Secretary of Justice files an affidavit under oath that
disclosure or an adversary hearing would harm the national security of the Philippines,
review in camera and ex parte the application, order, and such other materials relating to
the surveillance as may be necessary to determine whether the surveillance of the
surveilled person was lawfully authorized and conducted. In making this determination,
the court may disclose to the surveilled person, under appropriate security procedures and
protective orders, portions of the application, order, or other materials relating to the
surveillance only where such disclosure is necessary to make an accuratedetermination of
the legality of the surveillance.

(1) Suppression of Evidence; Denial of Motion. — If the trial court
pursuant to subsection (e) determines that the surveillance was not lawfully
authorized or conducted, it shall, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived from electronic
surveillance of the surveilled person or otherwise grant the motion of the
surveilled person. If the court determines that the surveillance was lawfully
authorized and conducted, it shall deny the motion of the surveilled person except
to the extent that due process requires discovery or disclosure. (f) Finality of
Orders. - Orders granting motions or requests under subsection (g), decisions
under this section that electronic surveillance was not lawfully authorized or
conducted, and orders of the trial court requiring review or granting disclosure of
applications, orders, or other materials relating to a surveillance shall be
executory except when restrained by the Court of Appeals or the Supreme Court.
(h) Destruction of Unintentionally Acquired Information. — In circumstances
involving the unintentional acquisition by an electronic, mechanical, or other
surveillance device of the contents of any communication, under circumstances in
which a person has a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes, and if both the sender and all intended
recipients are located within the Philippines, such contents shall be destroyed
upon recognition, unless the Secretary of Justice determines that the contents
indicate a threat of death or serious bodily harm to any person. (i) Notification of
Emergency Employment of Electronic Surveillance; Contents; Postponement,
Suspension or Elimination. — If an emergency employment of electronic
surveillance is authorized under Sections 4 or 5 of this Act and a subsequent order
approving the surveillance is not obtained, the judge shall cause to be served on
any Filipino citizen named in the application and on such other Filipino citizens
subject to electronic surveillance as the judge may determine in his discretion it is
in the interest of justice to serve, notice of — the fact of the application; the
period of the surveillance; and the fact that during the period information was or
was not obtained.

On an ex parte showing of good cause to the judge the serving of the notice required by
this subsection may be postponed or suspended for a period not to exceed ninety (90) days.
‘Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the
serving of the notice required under this subsection.

(1) Coordination with Law Enforcement on National Security Matters. -


(1) Government officers who conduct electronic surveillance to acquire
foreign intelligence information under this Act may consult with law enforcement
or military officers or personnel to coordinate efforts to investigate or protect
against

(A) Actual or potential attack or other grave hostile acts of a
foreign entity or an agent of a foreign entity;

(B) Sabotage, international terrorism, or the international
proliferation of weapons of mass destruction by a foreign entity or an
agent of a foreign entity; or

(C) Clandestine intelligence activities by an intelligence service or
network of a foreign entity or by an agent of a foreign entity.

(D) Coordination authorized under this paragraph shall not
preclude the certification required by Section 3 of this Act or the entry of
an order under R.A. No. 9372

SEC. 10. Report to Supreme Court office of the Court Administrator Office and to
Congress. — In April of each year, the Secretary of Justice shall transmit to the Supreme Court
Office of the Court Administrator and to the Senate and House of Representatives a report
setting forth with respect to the preceding calendar year—

(a) The total number of applications made for orders and extensions of orders
approving electronic surveillance under this Act; and

(b) The total number of such orders and extensions either granted, modified, or
denied.

SEC. 11. Report of the Secretary of Justice to Congressional Committees; Limitation on
Authority or Responsibility of Information Gathering Activities of Congressional Committees;
Report of Congressional Committees to Congress. —

(1) On a semiannual basis the Secretary of Justice shall fully inform the
Committee on National Defense and Security of the House of Representatives and the
Committee on Justice and Human Rights of the Senate concerning all electronic
surveillance under this Act. Nothing in this Act shall be deemed to limit the authority and
responsibility of the appropriate committees of each House of Congress to obtain such
information as they may need to carry out their respective functions and duties.

(2) Each report under the first sentence of paragraph (1) shall include a
description of —

(A) The total number of applications made for orders and extensions of
orders approving electronic surveillance under this Act where the nature and
location of each facility or place at which the electronic surveillance will be
directed is unknown;

(B) Each criminal case in which information acquired under this Act has
been authorized for use at trial during the period covered by such report;

(C) The total number of emergency employments of electronic
surveillance under Sections 4 and 5 this Act and the total number of subsequent
orders approving or denying such electronic surveillance; and


(D) the total number of court authorizations under RA 9372 and the total
number of subsequent emergency employments of electronic surveillance under
Sections 4 and 5 of this Act.

(b) On or before October 30 of each year, the Committee on National
Defense and Security of the House of Representatives and the Committee
on Justice and Human Rights of the Senate shall report to their respective
chambers concerning the implementation of this Act. Said reports shall
include but not be limited to an analysis and recommendations concerning
whether this Act should be

(1) Amended,
(2) Repealed, or
(3) Permitted to continue in effect without amendment.

SEC. 12. Criminal Sanctions. -

(a) Prohibited Activities. — A person is guilty of an offense if he intentionally
(1) Engages in electronic surveillance under color of law except as
authorized by this Act or other laws;

(2) Discloses or uses information obtained under color of law by
electronic surveillance, knowing or having reason to know that the information
was obtained through electronic surveillance not authorized by this Act nor other
laws

(b) Defense. - It is a defense to a prosecution under subsection

(a) That the defendant was a law enforcement or investigative officer
engaged in the course of his official duties and the electronic surveillance
was authorized by and conducted pursuant to a search warrant or court
order of a court of competent jurisdiction.

(c) Penalties. — Offenses described in this section are punishable under 15 any of
the crimes defined in Republic Act No. 10175 or the Cybercrime Prevention Act in their
maximum periods.

SEC. 13. Civil Liability. — A surveilled person, other than a foreign entity or an agent of a
foreign entity, as defined in Section 2(a) or (b)(1(A) of this Act, respectively, who has been
subjected to an electronic surveillance or about whom information obtained by electronic
surveillance of such person has been disclosed or used in violation of Section 12 of this Act shall
have a cause of 1 action against any person who committed such violation and shall be entitled to
civil damages as may be defined in the Civil Code.

SEC. 14. Authorization During Time of War. - Notwithstanding any other law, the
President, through the Secretary of Justice, may authorize electronic surveillance without a court
order under RA 9372 or this Act to acquire foreign intelligence information for a

(15) calendar days following a declaration of war by the Congress.

SEC. 15. Extra-Territorial Application of this Act. - Subject to the provision of an
existing treaty of which the Philippines is a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply:

(1) To individual persons who commit any of the crimes defined and punished in
this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the
Philippines;


(2) To individual persons who, although physically outside the territorial limits of
the Philippines, commit, conspire or plot to commit any of the crimes defined and
punished in this Act inside the 16 territorial limits of the Philippines;

(3) To individual persons who, although physically outside the territorial limits of
the Philippines, commit any of the 18 said crimes on board Philippine ship or
Philippine airship;

(4) To individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity;

(5) To individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and

(6) to individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes directly against the Philippine government.

SEC. 16. 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. 17. Repealing Clause. - RA 9372 and all laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act are

SEC. 18. Special Effectivit
the President, the Act shall taks

‘Clause. - After the bill shall have been signed into law by
fect after its publication in three (3) newspapers

Approved,