Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL nod 622

Introduced by Rep. SOLOMON R. CHUNGALAO-

(AN ACT DEFINING, CRIMINALIZING, AND PUNISHING TERRORISM, AND
FOR OTHER PURPOSES

EXPLANATORY NOTE

‘Terrorism is a complex generational problem; a tangle of social issues that crystalize into
acts of violent extremism. In the last few decades, the world has been forced to confront this
global threat in its continuously evolving forms. The Philippine legislature's primary effort in this
regard was enacted in 2007, specifically Republic Ad No. 9372, or the “Human Security Act of
2007.”

However, in the twelve years since the Human Security Act was enacted, several critical
issues with the law have been observed.

Chief among these issues is the lack of an outright definition of terrorism. Instead, the
Human Security Act pegs terrorism on the commission of predicate crimes (such as murder or
rebellion) that have the effect of 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 unlawfal demand. Since it is often easier to charge and prosecute a person for committing one
of the predicate crimes, the net effect is that there fewer prosecutions for acts of terrorism. In
fact, the first conviction for violation of the Human Security Act came only in 2015.

Second, there are provisions in the Human Security Act that are susceptible to abuse. For
example, in the event of an actual or imminent terrorist attack, a suspect may be arrested without
warrant and detained without charge indefinitely, subject to written approval of any one of the


‘numerous public officers identified by the law. Indefinite detention without charge is inherently
problematic. While an actual or imminent terrorist attack is a circumstance that would warrant
preventive detention of a suspected terrorist, there are cases where an “imminent” attack has
been used to justify detention for years. The most controversial example would be the detention
of suspected terrorists by the United States’ government in Guantanamo Bay.

Finally, the security and law enforcement sector has found the law to be unwieldy in
application, hampering operations with the threat of heavy penalties while also providing litle
guidance. The proposed revisions to the Human Security Act were led by the security sector in the
17" Congress precisely because of the issues they encountered with the law in practice.

‘The drafting of this bill was guided by the knowledge that addressing the problem of
terrorism does require allowing the law enforcement sector greater flexibility, balanced by clear
safeguards against abuse. It cannot be overemphasized that violations of human tights—
including social and economic rights—have been shown to increase terrorist activity and
recruitment, which is why any anti-terrorism effort must be coupled with long-term solutions to
the problem of violent extremism. In the Philippines in particular, where long-running violent
insurgencies have only recently begun to wind down, it is important to address the drivers of
conflict in order to subvert the efforts of terrorists seeking to profit from the instability.

Addressing the threat that the terrorists of 2019 pose to us now requires a recalibrated
response, informed by previous experience here and elsewhere in the world.

For the foregoing reasons, speedy passage of this measure is earnestly sought.

7 SO} R. CHUNGALAO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. mes22

Introduced by Rep. SOLOMON R. CHUNGALAO-

AN ACT DEFINING, CRIMINALIZING, AND PUNISHING TERRORISM, AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall henceforth be known as the
“Comprehensive Anti-Terrorism Act of 2019.”

SEC. 2. Declaration of Policy. — Its the policy of the State to protect the right to life,
liberty, and property of the people from acts of terrorism while upholding the fundamental
human rights enshrined in the Constitution and complying with international covenants against
terrorism. The State repudiates all acts of terrorism, condemns the justification or glorification of
terrorist acts, and shall take action to deny safe haven to terrorists and all those who support
them.

Prohibited Acts and Penalties

SEC. 3. Terrorism as Defined by International Law. — Terrorism is an act ot threat
of violence that constitutes an offense under the following conventions:

(1) Convention for the Suppression of Unlawful Seizure of Aircraft;

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@ Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
and its Supplemental Protocol;

@) International Convention against the Taking of Hostages;

@ Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation;

(©) Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents;

(© International Convention for the Suppression of Terrorist Bombings; and
(International Convention for the Suppression of Terrorist Financing.

SEC. 4. Other Terrorist Acts. — Any other act not proscribed in the immediately
preceding section shall also constitute an act of terrorism when the following criteria are met:

(1) An unlawful act or threat of violence is done; and

@) The unlawful act or threat is carried out with the goal of spreading public fear in
order to compel the Philippine Government, a foreign government, or an
international organization to do or refrain from doing an act.

SEC. 5. Planning to Commit Terrorism. — It is hereby prohibited to undertake
preparation or planning for a terrorist act. This shall include the gathering of actionable
intelligence or information, storing of weapons ot explosives, and convening or attending
meetings to plan a tetrorist act. If the terrorist act is actually carried out, then the offense shall be
punished under Sections 3 or 4 of this Act.

SEC. 6. Financing or Providing Material Support for Terrorism. — \t is hereby
prohibited to finance an individual or organization declared to be a terrorist or a terrorist group.
Tt shall likewise be prohibited to finance any individual, group, or organization that plans,
commits, or advocates acts of terrorism with the knowledge that the funds will be used, directly
or indirectly, to commit terrorism or any other act prohibited under this Act. Any attempt to
finance terrorism as provided in this Section shall also be punishable, subject to the provisions in
Section 10.

Financing shall refer to the act of possessing, providing, collecting, using, or making

available property, funds, or other financial instruments and services to any person. Financial
instruments and services shall include cash, remittances, mobile payments, digital wallets,

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cryptocurrency, debit cards, hawala, and other payment systems. Financing of terrorism as
defined under this Act shall constitute a predicate offense to money laundering as defined
Republic Act No. 9160, ot the “Anti-Money Laundering Act of 2001,” as amended, and subject to its
suspicious transaction reporting requirement.

Itis also hereby prohibited to knowingly provide material support to terrorists. Material
support shall include the provision of lodging, training, expert advice, assistance, safe-houses,
false documentation or identification, communications equipment, facilities, weapons, lethal
substances, and transportation. For the purposes of this Act, material support shall not include
the provision of medical attention or religious instruction.

‘When financing or providing material support is traced to an organization or juridical
person, the individuals found directly responsible for financing or providing material support for
terrorism, as well as the corporate officers of the organization or juridical person, shall be made
to suffer the penalty of imprisonment while the organization or juridical person shall bear the
cost of the fine imposed under Section 10 of this Act.

SEC. 7. Incitement to Terrorism. — It is hereby prohibited to incite others to
terrorism. Incitement is any public act or statement whereby a person orders or exhorts the
commission of acts of terrorism, regardless of whether a terrorist act is later committed. It is
sufficient for the purpose of this provision that the act or statement creates an imminent threat
that a terrorist act will be committed.

SEC. 8. Recruitment. — It is hereby prohibited to recruit others into a terrorist
organization, as defined in Section 13 of this Act.

SEC. 9. Acting as an Accomplice or Accessory to a Terrorist Act. — Any person
who shall, by previous or simultaneous acts, cooperate in the commission of terrorism under
Sections 3, 4, and 6 of this Act shall be liable as an accomplice. Any person who profits or assists
a terrorist to profit by the effects of the crime, conceals or destroys the body, effects, ot
instruments of the crime, or harbors, conceals, ot assists in the escape of a terrorist shall be liable
under this Act as an accessory to terrorism.

SEC. 10. Penalties. — The following penalties shall be imposed for each prohibited act
as defined in this Act:

() For committing acts of terrorism as defined under Sections 3 and 4 of this Act, the

penalty of imprisonment for a period between twenty (20) years and one (1) day to
forty (40) years;

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For cooperation in the commission of acts of terrorism by previous or simultaneous
acts, as defined under Section 9 of this Act, the penalty of fifteen (15) years and one
(1) day to twenty (20) years of imprisonment;

For profiting or assisting a terrorist to profit by the effects of the crime, concealing
or destroying the body, effects, or instruments of the crime, or by harboring,
concealing, or assisting in the escape of a terrorist, as defined under Section 9 of this
Act, the penalty of ten (10) years and one (1) day to fifteen (15) years of
imprisonment;

For planning to commit an act of terrorism, as defined under Section 5 of this Act,
the penalty of ten (10) years and one (1) day to twenty (20) years of imprisonment;

For financing or providing material support for terrorism, as defined under Section 6
of this Act, the penalty of ten (10) years and one (1) day to twenty (20) years of
imprisonment and a fine not exceeding five million pesos (PhP5,000,000.00), the
proceeds of which shall accrue exclusively to measures aimed at preventing and
countering violent extremism;

For incitement to terrorism and recruitment to a terrorist organization, as defined
under Sections 7 and 8 of this Act, respectively, the penalty of eight (8) years and one
(1) day to twelve (12) years of imprisonment; and

Any public official, law enforcement agent, or other government employee who is
found guilty under this Act shall suffer an additional penalty of five (5) years of
imprisonment and an additional fine not exceeding five million pesos
(PhP5,000,000.00), as well as perpetual absolute disqualification from office and
forfeiture of benefits.

In meting out penalties under this Act, courts shall also apply the relevant provisions of

At No. 4103, or the “Indeterminate Sentence Law.”

The provisions of this Act shall be without prejudice to the civil or administrative

liabilities of the person accused, which may be determined in a separate suit filed by the proper

Parties.

SEC. 11. Circumstances Affecting Criminal Liabili

— If any of the acts proscribed

in this Act are committed under any of the circumstances laid out in this provision, criminal
liability shall be modified accordingly.

(1) Exempting Cirsemstances. ~The following are exempt from criminal liability:

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(@) Am insane person as defined by law and jurisprudence;

(b) A person under fifteen years of age;

(© A person over fifteen years of age and under eighteen, unless he or she has acted
with discernment; and

(@ A person acting under the compulsion of irresistible force or an uncontrollable
fear of an equal or greater injury.

(2) Mitigating Circumstances. ~The following shall be considered mitigating circumstances:

(@) The offender is under eighteen years of age but over fifteen years of age;

(b) The offender voluntarily surrendered to a person of authority or his or her
agents;

(©) The offender voluntarily confessed his or her guilt before the court prior to the
presentation of evidence by the prosecution; and

(@ The offender cooperates with authorities in the prevention, investigation, and
prosecution of acts of terrorism.

‘The appreciation of a mitigating circumstance bars the court from imposing the
maximum penalty as provided in Section 10 for the punishable act. The appreciation of two or
more mitigating circumstances will merit the minimum penalty as provided in Section 10 for the
punishable act.

@) Aegravating Circumstances. — The following shall be considered aggravating
circumstances:

(@ The offender has been previously convicted by final judgment of any other
offense involving moral turpitude;

(b) The acts of terrorism were committed with the use of chemical, biological,
radiological, or nuclear weapons, agents, or materials;

(©) The act of terrorism is committed in consideration of a price, reward, or promise;

(@ The act of terrorism is committed in a place of worship, medical facility, or
school; and

(© The act proscribed under this act was committed with the aid of persons under
fifteen years of age.

The appreciation of an aggravating circumstance will merit the imposition of the
‘maximum penalty as provided in Section 10 for the punishable act.

SEC. 12. Intent as a Defense. — Recognizing that the criminal intent that qualifies an
act as tetrorism is the intent to spread fear as a means of compelling action or inaction, a

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CwoIu HVE Yne

different intent shall furnish a defense to charges brought under Section 4 of this Act but shall
not bar the prosecution of the offender for another offense.

‘Terrorist Organizations

SEC. 13. Definition of a Terrorist Organization. — A terrorist organization is any
organization, association, or group of persons organized for the purpose of engaging in terrorism
or that, although not organized for that purpose, primarily functions in support of terrorism by
intentionally conducting training, providing guidance for executing terrorist acts, soliciting
funding for terrorism, promoting extremist views and ideologies, and other similar acts.

SEC. 14, Determination of the Nature of an Organization. — The determination of
whether an organization is a terrorist organization as defined under this Act shall be done by a
specially-designated division of the Court of Appeals, as provided for under Section 28 of this
Act.

“The Anti-Terrorism Council constituted under Section 23 of this Act must file a petition
with the specially-designated division of the Court of Appeals to declare an organization as a
terrorist organization. The Court of Appeals shall decide on the petition within thirty (30) days
of its filing, The decision of the Court of Appeals may be appealed to the Supreme Court, but
the consequences of the classification, as provided in this Act, shall immediately take effect.

SEC. 15. Cancellation of Licenses, Freeze Orders, Forfeiture of Assets. — Once an
organization has been declared a terrorist organization, any member of the Anti-Terrorism
Council may initiate proceedings to cancel the licenses and registration of an organization under
Republic Act No. 11232, ot the “Revised Corporation Code of the Philippines”, if any; apply for a freeze
order as provided in Section 21 of this Act; and forfeit the organization’s assets in favor of the
state. The procedure for civil forfeiture shall be made in accordance with the AntiMoney
Laundering Act, as amended, its Revised Implementing Rudes and Regulations and the Rules of Procedure
promulgated by the Supreme Court.

Surveillance of Suspected Terrorists and Terrorist Organizations

SEC. 16. Surveillance of Suspected Terrorists and Terrorist Organizations. — The
provisions of existing laws notwithstanding, law enforcement agencies and their duly-authorized
agents may conduct surveillance on suspected terrorists and terrorist organizations under the

following conditions and restrictions:

A. Scope of Surveillance

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Surveillance on suspected terrorists and terrorist organizations shall include fixed
surveillance and all types of electronic monitoring. For this purpose, telecommunication
companies and internet service providers may be compelled to produce customer information,
call and text records, and other data that are deemed relevant by the law enforcement agency
making the request for surveillance.

Surveillance shall also contemplate bank inquiries and examination of bank accounts and
investments. The Anti-Money Laundering Council (AMLC) is hereby authorized to investigate,
upon its own initiative ot at the request of the Anti-Terrorism Council, the following:

(1) Any property or funds that are in any way related to financing of terrorism or acts of
terrorism; oF

Q Property or funds of any person or persons in relation to whom there is probable
cause to believe that such person or persons are committing or attempting or conspiring to
commit, or participating in or facilitating the financing of terrorism or acts of terrorism as
defined in this Act.

The AMLC may also enlist the assistance of any branch, department, bureau, office,
agency or instrumentality of the government, including government-owned and -controlled
corporations in undertaking measures to counter the financing of terrorism, which may include
the use of its personnel, facilities and resources.

For purposes of this section and notwithstanding the provisions of Republic Act No. 1405,
otherwise known as the “Law on Secreg of Bank Deposits”, as amended; Republic Act No. 6426,
otherwise known as the “Foreign Currency Deposit Act of the Philippines”, as amended; Republic Act
No. 8791, otherwise known as “The General Banking Law of 2000” and other laws, the AMLC is
hereby authorized to inguire into or examine deposits and investments with any banking
institution or non-bank financial institution and their subsidiaries and affiliates without a court
order.

B. Surveillance of Suspected Terrorists

(1) Alaw enforcement agency or its duly-authorized agents must make an ex parte written
request to the specially-designated Regional Trial Court of the judicial region where
the person subject to surveillance is located. The written request must detail the need
for surveillance of the person involved and all evidence in support of the request.
‘The request and all its attachments are classified information that shall not be
released publicly: Provided, That the persons subject of the surveillance ot his or her
authorized representative shall be furnished with the request and all its attachments

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in the event that law enforcement charges the person or takes the person into
custody as a result of the surveillance.

The Regional Trial Court must act on the request within fifteen (15) days of its
submission. In granting the request, the court may impose additional conditions on
the surveillance to be conducted, such as the mode of surveillance and the period
during which surveillance shall be permitted, but in no case shall surveillance exceed
a period of ninety (90) days.

Should law enforcement determine that the suspected terrorist who was subjected to
surveillance is not a terrorist and there is no basis to continue surveillance, all data
gathered on the person shall be sealed. The agency or agent involved shall then be
required to submit a written report of the surveillance to the Anti-Terrorism Council,
which shall determine within a period of thirty (30) days whether there is a need to
store the data collected or have it expunged.

Upon expiration of the period for surveillance or desistance on the part of law
enforcement, the agency or agent conducting the surveillance must submit a report
and all data collected to the Anti-Terrorism Council, along with a recommendation as
to whether further action should be taken against the subject of surveillance. The
report and the collected data, if any, must be submitted within thirty (30) days of
conclusion of the surveillance. The Anti-Terrorism Council shall review the report
and collected data, if any, and decide within thirty (30) days from receipt whether to
take further action against the subject of surveillance.

Should further surveillance be deemed necessary, the Anti-Terrorism Council shall
send a request for an extension to the Regional Trial Court that permitted the
original surveillance. The court must act on the request within five (5) days of receipt.
No extension may exceed the period of ninety (90) days, but the Anti-Terrorism
Council is not precluded from requesting another extension.

If the Anti-Terrorism Council finds that further action is unwarranted at the time, it
shall seal the data collected and determine within a period of one (1) yeat whether the
same should continue to be stored or expunged.
Should the Regional Trial Court deny the request for surveillance, the requesting
agency ot agent is not precluded from making another request, provided that more
evidence in support of the request is submitted.

c s a

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(1) Once an organization has been deemed a terrorist organization pursuant to Section
14 of this Act, a law enforcement agency or its duly-authorized agents may conduct
surveillance on a duly-classified terrorist organization and its members without need
of judicial authority.

2 All data collected on the terrorist organizations and its members shall be reported to
the Anti-Terrorism Council with a recommendation as to what legal action should be
taken, The Anti-Terrorism Council shall act on all such reports and
recommendations within fifteen (15) days from receipt thereof.

SEC. 17. Creation of a Database. — The Anti-Terrorism Council Program
‘Management Center constituted under Section 24 of this Act is hereby authorized and required
to create a database of suspected terrorists and terrorist organizations, terrorist activities, and
counter-terrorism operations. The database shall include information gathered from the
surveillance authorized under the next preceding section. This database shall be classified and
accessible only to government agencies and public officials as determined by the Anti-Terrorism
Council on a need-to-know basis.

‘The members of the Anti-Terrorism Council and such other agencies as may be allowed
the access the database shall be required to provide information necessary to populate the
database without prejudice to relevant laws on information secutity.

Control Orders

SEC. 18. Preventive Custody. — Notwithstanding the provisions of Article 125 of Act
No. 3815, ot the “Revised Penal Code”, a person may be taken into preventive custody without
need of charge, under the following conditions:

(1) When a law enforcement agency or agent has sufficient grounds to believe that a
person is planning or preparing to commit an act of terrorism, or any act punished
under this law, an application to the Anti-Terrorism Council shall be made in order
to take the person suspected into preventive custody;

Q) The Anti-Terrorism Council is required to act on the application within twenty-four
(24) hours. If the Anti-Terrorism Council approves the application, the person
suspected shall be taken into preventive custody for an initial period of three (3) days,
during which the Anti-Terrorism Council must file an ex parte petition for
commitment before the specially-designated Regional Trial Court. The petition shall
contain the approved application and its supporting evidence, as well as any
information that arose subsequent to taking the suspect into custody.

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(3) The court must act on the petition within three (3) days of receipt. Should the court
find that the preventive custody is unwarranted, it shall order the immediate release
of the suspect. Should the court find that preventive custody is warranted, it shall
issue a commitment order permitting custody of the suspect for up to thirty (30)
days, counted from the date that the person was first taken into custody.

(4) Suspects taken into custody under this Section shall be held in special facilities under
the custody of the law enforcement agency that applied for the custody. Should the
law enforcement agency see the need to extend the preventive custody, it shall file a
petition for extension before the same Regional Trial Court that issued the
commitment order.

(5) The court shall hold a summary hearing on the petition for extension, where the
suspect in custody shall be represented by counsel of choice, after which the court
shall decide whether to extend the custody. No extension shall exceed fifteen (15)
days, but a law enforcement agency is not precluded from making another
application for extension subject to the same judicial process.

(©) Preventive custody shall cease when the suspect is released or formal charges are
brought against him or her.

No law enforcement agent shall be liable for taking a person into preventive custody
under this Section of this Act, Provided: That the procedure outlined above is strictly followed and
any failure to comply therewith shall compel the release of the suspect. Otherwise, the law
enforcement agent shall be held liable under Article 125 of the Revised Penal Code.

SEC. 19. Rights of a Person under Preventive Custody. — A person taken into
preventive custody shall be informed by the arresting or detaining law enforcement agents of the
nature and cause of his ot her arrest and detention. The arresting or detaining agents shall also
inform the person detain of his or her right to remain silent and to have competent and
independent counsel, preferably of his or her choice.

If the person cannot afford the services of counsel of his or her choice, the aw
enforcement agents 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 in custody and provide legal assistance.

‘The person in preventive custody shall be allowed to communicate freely with his or het
legal counsel and to confer with them at any time without restriction.

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‘The person in preventive custody shall be allowed freely to avail of the service of a
physician or physicians of choice. Furthermore, at the conclusion of the preventive custody,
whether through the suspect’s release or the filing of formal charges, a physician shall conduct an
examination of the suspect and submit a report of his or her condition to the Anti-Terrorism
Council, the court that issued the commitment order, and, in the event that the person is
charged, to the court where the case is raffled.

Nothing in this section shall be construed as limiting the rights of a person in preventive
custody in relation to rights granted under the Constitution, other statutes, or rules of procedure.

SEC. 20. Penalty for Violation of the Rights of a Person in Preventive Custody. —
Any law enforcement agent who violates any of the rights of a person in preventive custody
pursuant to this Act shall be criminally liable under this Act and shall suffer the penalty of
imprisonment for a period within ten (10) years and one (1) day to fifteen (15) years, without
prejudice to administrative or civil liability under other laws.

If the law enforcement agent directly responsible for violating the tights of a suspect in
preventive custody cannot be identified, the leader of the law enforcement unit having custody
of the detainee at the time the violation was done shall be charged under this Act pursuant to the
doctrine of command responsibility.

SEC. 21. Freeze Order. — The AMLC, either upon its own initiative or at the request
of the Anti-Terrorism Council, is hereby authorized to issue an ex parte order to freeze without
delay:

(1) Property or funds that are in any way related to financing of terrorism or acts of
terrorism; or

@ Property or funds of any person, group of persons, terrorist organization, or
association, in relation to whom there is probable cause to believe that they are committing or
attempting or conspiring to commit, or participating in or facilitating the commission of
financing of terrorism as defined herein.

‘The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a
petition filed by the AMLC before the expiration of the period, the effectivity of the freeze order
may be extended up to a period not exceeding six (6) months upon order of the specially-
designated division of the Court of Appeals: Provided, That the twenty-day period shall be tolled
upon filing of a petition to extend the effectivity of the freeze order.

Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines’
international obligations, shall be authorized to issue a freeze order with respect to property or

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funds of a designated organization, association, group ot any individual to comply with binding
terrorism-telated Resolutions, including Resolution No. 1373, of the United Nations Security
Council. This freeze order shall be effective until the basis for the issuance thereof is lifted.
During the effectivity of the freeze order, an aggrieved party may, within twenty (20) days from
its issuance, file with the specially-designated division of the Court of Appeals a petition to
determine the basis of the freeze order according to the principle of effective judicial protection.

However, if the property or funds subject of the freeze order under the immediately
preceding paragraph are found to be in any way related to financing of terrorism or acts of
tertorism committed within the jurisdiction of the Philippines, said property or funds shall be the
subject of civil forfeiture proceedings in accordance with the Anti:Money Laundering Act, as
amended, and its Revised Implementing Rules and Regulations and the Rules of Procedure
promulgated by the Supreme Court.

SEC. 22. Suspension and Cancellation of Passports. — Upon the recommendation
of the Anti-Terrorism Council, the Secretary of Foreign Affairs may suspend the passport of a
suspected tetrorist for thirty (30) days to prevent him or her from acting in a manner prejudicial
to the Philippines or other countries. The suspension may be extended upon recommendation of
the Anti:Terrorism Council, but in no case may such extension exceed thirty (30) days.

‘The Secretary of Foreign Affairs may summarily cancel the passports of Filipino
members of a duly-classified terrorist organization.

‘The Anti-Terrorism Council

SEC. 23. Composition, — The Anti-Terrorism Council under this Act shall be
composed of:

(1) The heads of the following departments and agencies, who shall sit as ex-officio
members of the Anti-Terrorism Council:

(@) Department of National Defense;

() Department of the Interior and Local Government;
(© Department of Justice;

(@ Department of Foreign Affairs;

(© Department of Transportation;

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@ ‘The chairpersons of the Committees of National Defense and Security of the Senate
and House of Representatives, who shall also sit as ex-officio members of the Anti-

Department of Information and Communications Technology;
Department of Social Welfare and Development;

Department of Education;

Department of Labor;

Anti-Money Laundering Councils

National Bureau of Investigation;

National Security Council;

National Intelligence Coordinating Agency;

Commission on Human Rights;

Commission on Higher Education;

‘The Office for Preventing and Countering Violent Extremism;
‘The National Youth Commission;

‘The Philippine Commission on Women;

Office of the Presidential Adviser on the Peace Process;

‘Terrorism Council;

@) The Chief Minister of the Bangsamoro Autonomous Region in Muslim Mindanao,

who shall also serve in ex-officio capacity; and

(4 A representative of civil society to be appointed by the President of the Philippines.

‘The Chairperson of the Anti-Terrorism Council shall be the Executive Secretary, who
shall preside over the meetings of the Anti-Terrorism Council but shall only vote on any matter
when there is a tie. The Executive Secretary must designate a Vice-Chair among the members of
the Anti-Terrorism Council, who shall serve as Chairperson if the Executive Secretary is unable

to attend a meeting.

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The Anti-Terrorism Council is not precluded from adding additional agencies to its
members as the need arises, provided that such additions are done with the approval of the Joint
Congressional Oversight Committee constituted under Section 30 of this Act.

The departments and agencies whose heads are Council members under Paragraph 1 of
this Section shall serve as support agencies for the Anti-Terrorism Council.

SEC. 24, Anti-Terrorism Council Program Management Center. — In ordet to
preserve institutional memory and the continuous, efficient operation of the Anti-Terrorism
Council, the Anti-Terrorism Council Program Management Center is hereby constituted as a
government agency attached to the Office of the President. It shall be headed by an Executive
Director who shall have the rank of a Cabinet Secretary. It shall serve as Secretariat to the Anti-
‘Terrorism Council.

The Program Management Center shall have primary responsibility of creating and
maintaining the database required under Section 17 of this Act. In line with this duty of data
collection, the Program Management Center is hereby authorized to conduct research on all
‘matters relating to terrorism, including the authority to analyze the data in its possession.

The Anti-Terrorism Council shall determine the Program Management Center's
additional duties.

SEC. 25. Other Duties of the Anti-Terrorism Council. — Apart from the duties
provided elsewhere in this Act, the Anti-Terrorism Council shall:

(1) Periodically apprise the President of terrorist threats;
2) _ Issue terrorism alerts when it deems it necessary;

@) Coordinate with foreign counterparts;

(4) Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of persons liable for acts of terrorism as defined in this Act;

(©) Advise government agencies on appropriate levels of confidentiality, the system of
security clearance, and anti-terrorism protocols; and

(© Propose legislation and policy.

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Office for Preventing and Countering Violent Extremism

SEC. 26. The Office for Preventing and Countering Violent Extremism. — There
is hereby created an Office for Preventing and Countering Violent Extremism (OPCVE), which
shall have the mandate of addressing the root causes of terrorism. It shall be constituted as an
agency attached to the Office of the President and headed by an Executive Director who shall
have the rank of an Undersecretary.

SEC. 27. Duties of the OPCVE. — The OPCVE shall propose and implement
programs that identify vulnerable sectors and institute appropriate intervention to address the
various push-and-pull factors of radicalization. The OPCVE shall ensure that all programs are
inclusive and sensitive to diverse cultures, genders, and religions.

‘All departments and agencies whose heads sit on the Anti-Terrorism Council are
required to assist the OPCVE in the fulfillment of its mandate.

Designated Courts

SEC. 28. Designation of Special Courts. — The Supreme Court shall designate at
least one branch of the Regional Trial Court in each judicial region as a special anti-terrorism
court tasked with hearing and deciding cases filed under this Act, as well as fulfilling the duties
Jaid out in this Act.

‘The Supreme Court shall also designate at least three divisions of the Court of Appeals as
special anti-terrorism divisions tasked with fulfilling the duties laid out in this Act.

Any appeals of the decisions or orders of the designated Regional Trial Courts shall be
raised to the designated divisions of the Court of Appeals.

SEC. 29. Safeguards for Confidentiality and Special Training. — Courts designated
as special courts or divisions under this Act shall be granted special security clearance and receive
special training from the Anti-Terrorism Council in order to ensure that all material presented to
the courts are treated with the appropriate level of confidentiality. Particular attention shall be
paid to the storage of sensitive material. When necessary, secure storage facilities for the use of
designated courts may be appropriated under this Act.

Final Provisions

SEC. 30. Joint Congressional Oversight Committee. — There is hereby created a
Joint Congressional Oversight Committee to monitor the implementation of this Act. The
Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed

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by the Senate President and the Speaker of the House of Representatives, respectively. ‘The
Oversight Committee shall be co-chaited by a Senator and a Representative designated by the
Senate President and the Speaker of the House of Representatives, respectively. The Joint
Congressional Oversight Committee shall convene at least once a year.

SEC. 31, Abuse of Powers Under this Act. — Apart from the penalty provided under
‘Section 20 in this Act, law enforcement and other public officers may still be held liable for any
actions that abuse the powers granted under this Act if such actions are punished by other
statutes. The abuse of the powers under this Act shall be treated as a special aggravating
circumstance warranting the maximum penalty provided by law, unless the court appreciates two
‘of more mitigating circumstances in favor of the accused.

SEC. 32. Supplementary Application of the Revised Penal Code. — When
necessaty, the provisions of the Revised Penal Code shall be suppletorily applicable to this Act.

SEC. 33. Appropriations. — The amount necessary for the initial implementation of
this Act shall be charged against the available appropriations of the Departments of the Interior
and Local Government, National Defense, and Social Work and Development under the current
General Appropriations Act. Thereafter, such amounts as may be necessary for the continued
implementation of this Act shall be automatically appropriated in succeeding years.

SEC. 34. Implementing Rules and Regulations. — The Anti-Terrorism Council
constituted under this Act shall convene upon its effectivity and shall, within sixty (60) days after
the effectivity of this Act, issue the implementing rules and regulations of this Act through the
Program Management Center.

SEC. 35. Repealing Clause. — Republic Ac No, 9372 and Republic Act No. 10168 are
hereby repealed. All other laws, executive orders, administrative orders, rules and regulations, or

arts thereof that are inconsistent with this Act are hereby amended, repealed, or modified
accordingly.

SEC. 36. Separability Clause. — Should any provision of this Act be declared invalid,
the remaining provisions shall continue to be valid and subsisting.

SEC. 37. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
Publication in the Oficial Gazette ot two (2) newspapers of general circulation.

Apprond,

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