EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular' Session 
)
SENATE
Introduced by SENATOR LEILA M. DE LIIVIA
AN ACT
ENSURING ACCOUNTABILI IT IN INTELLIGENCE ACHVHTES AND 
THE USE OI INTELLIGENCE AND CONI IDENTIAL FUNDS GRANTED 
TO ALL GOVERNMENT AGENCIES, ESTABLISHING I OR THE PURPOSE 
A JOINT CONGRESSIONAL INTELLIGENCE COMMITTEE TO 
STRENGTHEN THE OVERSIGHT POWERS OF CONGRIiSS TO MONI TOR 
INTELLIGENCE ACTIVI ITES OI ALL AGENCIES OI THE PHILIPPINE 
GOVEILNMENT AND TO OVERSEE HOW INTELLIGENCE AND 
CONFIDENTIAL FUNDS ARE EXPENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Constitution declares that the State shall adopt and implement a policy of 
full public disclosure of all its transactions involving public interest1 and that public 
officers and employees must at all times be accountable to the people.2 3 All branches 
of government must be able to account for their actions and for their use of public 
funds, which shall be spent solely for public purposes.3 None should be spared from 
the scrutiny of the public and the mechanism of checks and balances of our 
governmental system.
However, because of its nature, intelligence activities must be kept 
confidential for valid national security concerns. Throughout the years, this secrecy 
that surrounds the disbursement and utilization of intelligence and confidential 
funds has been used not only to protect intelligence activities, but also to hide abuses 
in the utilization of these funds. A balance must be struck between the need to 
maintain confidentiality and, at the same time, uphold accountability. Furthermore, 
there is a need to ensure that intelligence agencies are protecting civil liberties
1 Article II, Section 28, 1987 Constitution.
2 Article XI, Section 1, 1987 Constitution.
3 Section 4(2), Presidential Decree No. 1445.


instead of undermining them and that they are properly utilized to prepare for the 
threats to national security rather than for partisan or dubious activities of any 
government official.
In 2015, the COA, along with the Department of Budget and Management 
(DBM), the Department of the Interior and Local Government (DILG), the 
Governance Commission for Government-Owned or -Controlled Corporations (GCG), 
and the Department of National Defense (DND) issued Joint Circular No. 2015-01, 
which provides for the guidelines on the entitlement to, release, use, reporting and 
audit of Confidential Funds (CF) and Intelligence Funds (IF).
Under the Duterte administration, billions of pesos have been appropriated to 
various agencies for intelligence and confidential activities. For instance, in 2017 -  
the first full year of the Duterte regime -  the Office of the President (OP), under the 
General Appropriations Act (GAA)-*, was issued a P2.5 billion blank check for its 
intelligence and confidential activities in the conduct of its war on drugs and 
criminality. In succeeding years, the trend has continued as another P2.5 billion in 
intelligence and confidential funds were approved by Congress for the OP in both the 
20185 and 20194 5 6 GAAs as well. Because of the necessary secrecy in the use of funds, 
these amounts appear as lump sums in the annual GAA and are not subject to the 
stringent regular auditing requirements of the Commission on Audit (COA).
Thus, for the purpose of upholding accountability in the conduct of 
intelligence activities while, at the same time, maintaining the necessary 
confidentiality, this bill calls for the creation of a Joint Congressional Intelligence 
Committee (JCIC) tasked to monitor and oversee intelligence activities, which 
include the administration, financial management and expenditures of the 
intelligence agencies.
In addition, the bill compels all entities of the Philippine government which 
conduct intelligence activities and receive intelligence funds to keep the JCIC fully 
informed of all intelligence activities, including any significant anticipated 
intelligence activity and any significant intelligence failure, as soon as possible.
4 Volume 1-A, Republic Act No. 10924
5 Volume 1-A, Republic Act No. 10964
6 Volume 1-A, Republic Act No. 11260


The bill also requires that entities of the Philippine government first obtain a 
signed letter from the President, or from the respective head of the constitutional 
body in cases involving entities enjoying fiscal autonomy, specifically authorizing the 
proposed intelligence activity before any amount is disbursed and expended for the 
proposed intelligence activity. The President or the respective head of the 
constitutional body shall ensure that the JCIC receives a copy of this authorization 
letter within seventy-two (72) hours.
Early approval of this measure is earnestly sought.
I.EIIA M . DEIJMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regula r Session 
)
_  
l- 
^'ipfi rr M ll.r
SENATE
S. No.
Introduced by SENATOR LEILA M. DE LIMA
ENSURING ACCOUNTABILITY IN INTELLIGENCE ACTIVITIES AND 
THE USE OF INTELLIGENCE AND CONFIDENTIAL FUNDS GRANTED 
TO ALL GOVERNMENT AGENCIES, ESTABLISHING FOR THE PURPOSE 
A JOINT CONGRESSIONAL INTELLIGENCE COMMITTEE TO 
STRENGTHEN THE OVERSIGHT POWERS OF CONGILESS TO MONITOR 
INI ELLIGENCE ACTIVITIES OF ALL AGENCIES OF THE PHILIPPINE 
GOVERNMENT AND TO OVERSEE HOW INTELLIGENCE AND 
CONFIDENTIAL FUNDS ARE EXPENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section i. Short Title. -  This Act shall be known as the “Intelligence Oversight
2 
Act of 2019.”
3 
Sec. 2. Definition of Terms. -  As used in this Act, the following terms shall be
4 
defined as follows:
5 
(a) Intelligence activities - pertain to activities related to the process of
6 
gathering, 
evaluation, 
correlation and interpretation 
of security
7 
information, as performed by intelligence agencies of the Philippine
8 
government.
9 
(b) Intelligence agencies - include the Office of the National Security Adviser
10 
(NSA), the National Intelligence Coordinating Agency (NICA), the
11 
Intelligence Service of the Armed Forces of the Philippines (ISAFP), the
12 
Intelligence Group of the Philippine National Police (PNP-IG), the
13 
National Bureau of Investigation (NBI), the Office of the President (OP),
14 
and all departments, agencies, and other entities of the Philippine


1 
government, which receive intelligence and confidential funds from the
2 
General Appropriations Act.
3 
Sec. 3. Joint Congressional Intelligence Committee. -  A Joint Congressional
4 
Intelligence Committee (JCIC) is hereby established which shall, subject to the
5 
Constitution, perform the oversight functions set out in this Act in relation to the
6 
intelligence activities, which include the administration, financial management, and
7 
expenditures of the intelligence agencies. The JCIC shall be composed of five (5)
8 
members each from the Senate and House of Representatives, which shall meet
9 
quarterly, or as often as necessary, to oversee the intelligence activities of the
10 
Philippine government. The JCIC shall be jointly chaired by the Chairperson of the
11 
Senate Committee on National Defense and Security and the House Committee on
12 
National Defense and Security. The other four (4) members of the Senate delegation
13 
are the Chairpersons of the Committee on Peace, Unification, and Reconciliation and
14 
Unity, the Committee on Justice and Human Rights, the Committee on Public Order
15 
and Dangerous Drugs, and the Committee on Finance. The other four (4) members
16 
of the House delegation are the Chairpersons of the Committee on Peace,
17 
Reconciliation and Unity, the Committee on Human Rights, the Committee on Public
18 
Order and Safety, and the Committee on Appropriations. The President of the Senate,
19 
the Speaker of the House of Representatives, and the minority leaders of both
20 
Houses shall serve as ex-officio members of the JCIC.
21 
Sec. 4. General Provisions on Congressional Intelligence Oversight.
22 
(a) The President shall ensure that the JCIC are kept fully informed of the
23 
intelligence activities of the Philippines, including any significant
24 
anticipated intelligence activity, as soon as possible. Provided, however,
25 
that this shall not be construed as requiring the approval of the JCIC as a
26 
condition precedent to the initiation of any significant anticipated
27 
intelligence activity.
28 
Gj) The President shall ensure that any illegal intelligence activity is reported
29 
promptly to the JCIC, as well as any corrective action that has been taken
30 
or is planned to be taken in connection with such illegal activity.
31 
(c) If the President determines that it is essential to limit access to information
32 
regarding any intelligence activity to meet extraordinary circumstances
33 
affecting vital interests of the Philippines, the information may be reported


1 
to the chairpersons of the JCIC, the President of the Senate, the Speaker of
2 
the House of Representatives and the minority leaders of both Houses, and
3 
such other member or members of Congress as may be included by the
4 
President. When access to information is limited as such, a statement of
5 
the reasons for limiting such access shall also be provided in writing to the
6 
JCIC.
7 
(d) Nothing in this Act shall be construed as authority to withhold information
8 
from the JCIC on the grounds that providing the information would
9 
constitute the unauthorized disclosure of classified information 
or
10 
information relating to intelligence sources and methods.
11 
Sec. 5. Protecting the Confidentiality of Intelligence Activities and other
12 
Classified Information. -  The JCIC shall establish procedures, subject to the
13 
approval of the Senate and the House of Representatives, in order to:
14 
(a) Protect from unauthorized disclosure all classified information, and all
15 
information relating to intelligence sources and methods, that is furnished to the
16 
JCIC under this Act; and
17 
(b) Penalize members that violate the confidentiality of the JCIC’s proceedings.
18 
Only upon the approval of these procedures, by both the Senate and the House
19 
of Representatives through a joint resolution, can the JCIC perform its oversight
20 
functions.
21 
Sec. 6. Reporting of Intelligence Activities. -  To the extent consistent with due
22 
regard for the protection from unauthorized disclosure of classified information
23 
relating to sensitive intelligence sources and methods or other exceptionally sensitive
24 
matters, the National Security Adviser, the Director of the National Intelligence
25 
Coordinating Agency, and the heads of all departments, agencies, and other entities
26 
of the Philippine government who receive intelligence and confidential funds from
27 
the annual General Appropriations Act shall:
28 
(a) Keep the JCIC fully informed of all intelligence activities, including any
29 
significant anticipated intelligence activity and any significant intelligence
30 
failure, as soon as possible; and


1 
(b) Furnish the JCIC any information or material concerning intelligence
2 
activities, which is requested by the JCIC in order to carry out its
3 
authorized responsibilities.
4 
Sec. 7. Convening of the JCIC. -  In accordance with the procedures adopted
5 
by the JCIC, the Chairperson of both Houses shall promptly call to the attention of
6 
the Senate or the House of Representatives, or to any appropriate committee or
7 
committees of each chamber, any matter relating to intelligence activities requiring
8 
the attention of such chamber or such committee or committees.
9 
Sec. 8. Funding of Intelligence Activities. -
10 
(a) Appropriated intelligence and confidential funds available to any agency of
11 
the Philippine government may be obligated or expended for intelligence
12 
or intelligence-related activities only if those funds were specifically
13 
authorized by the Congress for use for such activities as stated in the
14 
annual General Appropriations Act.
15 
(b)No funds appropriated for, or otherwise available to, any department,
16 
agency, or entity of the Philippine Government may be expended, or may
17 
be directed to be expended, for any intelligence activity, unless and until a
18 
signed authorization letter from the President is obtained. For
19 
constitutional bodies which enjoy fiscal autonomy, the authorization letter
20 
must be signed by their respective head. The President, or the respective
21 
head of the constitutional body, shall ensure that the JCIC receives a copy
22 
of this authorization letter within seventy-two (72) hours.
23 
Sec. 9. Annual Report on Intelligence Activities. -  Not later than January 31
24 
of each year, the President shall submit to the JCIC a report on the requirements of
25 
the Philippines for intelligence for the calendar year in wrhich the report is submitted,
26 
and the activities of the intelligence agencies during the preceding calendar year. The
27 
purpose of the report is to facilitate an assessment of the acthities of the intelligence
28 
agencies during the preceding calendar year and to assist in the development of a
29 
mission and a budget for the intelligence agencies for the calendar year in w'hich the
30 
report is submitted. The report shall specify matters in sufficient detail to assist
31 
Congress in making decisions with respect to the allocation of resources for the
32 
matters specified. The report shall also include a financial statement covering all the
33 
funds expended by any department, agency, or entity of the Philippine Government


1 
for intelligence or intelligence-related activities, as well as a detailed account of the
2 
use of these funds. The report shall be submitted in unclassified form, but may
3 
include a classified annex.
4 
Sec. 10. Separability Clause. -  If any provision of this Act is declared
5 
unconstitutional or invalid, other parts or provisions hereof not affected shall
6 
continue to be in full force and effect.
7 
Sec. 11. Repealing Clause. -  All laws, executive orders, presidential decrees,
8 
presidential proclamations, letters of instruction, rules and regulations or parts
9 
thereof which are inconsistent with the provisions of this Act are hereby repealed or
10 
modified accordingly.
11 
Sec. 12. Effectivity Clause. -  This Act shall take effect fifteen (15) days
12 
following its publication in the Official Gazette or in two (2) newspapers of general
13 
circulation in the Philippines.
Approved,