CE REPRESS.

Se \
Republic of the Philippines ee Z
HOUSE OF REPRESENTATIVES =f RECEIVED
Quezon City, Metro Manila ate SEG 5 20190)
Eighteenth Congress SOY: — Rea
First Regular Session 8 Ry
2951 Moex 87
HOUSE BILL NO.

introduced by Representatives Ria ‘Christina G. Farias
and Rudys Caesar G. Farifias

EXPLANATORY NOTE

this bill seeks to enhance the nation's security by providing for the electronic
surveillance of foreign entifies who ore known for or suspected of intending to harm the
security and interests of the Philippines and its people. Itis 0 complement to Republic Act
No. 9372, or the “Human Security Act of 2007," which earfier was passed 10 provide the
country's security agencies the necessary tools and weapons to combat the menace of
Intemational terrorism.

The Human Security Act is landmark piece of legislation that is widely hailed even
by our security allies as closing the loopholes which used to prevent our security forces
from full utiizing available resources in the fight against domestic and intemational
lororists, However, the soid Act and all of the country’s other laws relating 10 public
vrjer national security, telecommurications, and cyberspace are stil seen as unable to
completely equip the country's national security apparatus with what i needs to prevent
Gi catastrophe like another terrorist invasion or even a cyber-atiack.

‘As shown by the recent incident in Marawi City, our security forces need to always
be two or three steps ahead of the public's enemies, some of whom nove foreign
elements or are of foreign origin, and the way to accomplish thisis by Providing ovr forces
with high-quality, actionable intelligence all the time. It is only when our law enforcers
snd military are armed with good intelligence that they are capable of fuly applying the
law's might against those who wish harm on our people.

This bill, which is patterned after the Foreign intelligence surveillance Act of the
United States, augments the features of the Human Security Act by providing for the
warrantless surveillance through electronic or mechanical means of foreign entities in
domestic and foreign locations in the pursuit of the country’s national security goals. For


example, i allows the targeting for surveillance of foreigners outside of the Philippines for
up to one (1) year without the need of a court order or warrant. It also provides for
safeguards known as “minimization procedures” under which the chonces of the
survellance information being misused against a Filipino citizen or any person who is in
the Philippines is limited or curtailed. It also provides for the employment of electronic
surveillance on any target located anywhere within or outside of the Philippines prior to
Sbiaining a warrant if an emergency situation so warrants. These, in effect, are
exceptions fo the rule established in our current laws that electronic surveillance moy
only be done with a warrant.

inessence, the bill legally expands the power of surveillance of security agencies
to foreign locations as well as provides for exceptions to the rule that o warrant is
necessary to conduct surveillance on Filipino targets or within Philippine jurisdiction. it
‘iso protects telecommunications companies, landlords and other service providers,
from legal action os a result of their cooperation with the Government in the latter's
employment of electronic surveillance for national security purposes.

This measure is a refiled bill from House Bill No. 7111, authored by former
Representative Rodolfo C. Farifias in the 17" Congress.

In View of the foregoing, the approval of this bil s highly recommended

RUDYS' . FARINAS | RIA CHRISTINA G. FARINAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 2351

Introduced by Representatives Ria Christina G. Farias
‘and Rudys Caesar G. Farifias

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 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. & 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

SEC. 13. Civil Liability

SEC. 14. Authorization During Time of War

SEC. 15. Extra-Territorial Appiication 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—
{I) a foreign government or any component thereof, whetner or not recognized
by the Philippines; :

{2} a faction of a foreign nation or nations, majority of whose population is
composed of persons who are not Filipino citizens:

(3) an entity that is openly acknowledged by a foreign government or
governments to be directed and controlled by such foreign government or
governments;

[4) a group engaged in intemational terrorism or activities in preparation therefor;

{5) a foreign-based non-government organization, mojority of whose members or
stockholders are persons who are not Filipino citizens;

(6) an entity that is directed and controlled by a foreign government or
governments; or

(7) 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—
(1) ony person other than a Filipino citizen, who—

[A) acts in the Philippines as an officer or employee of a foreign entity, oF
os a member of a foreign entity as defined in this Act, iirespective of whether
the person is inside the Philippines;

{8} acts for or on behalf of a foreign entity which engages in clandestine
inteligence 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 os the “Human Security Act of 2007" or activities in
preparation therefor:


{D) engages in the international protiferation of weapons of moss
destruction, or activities in preparation therefor; or

(F) engages in the intemational proliferation of weapons of moss
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

(2) any person who—
A) knowingly engages in clandestine inteligence 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;

{8) pursuant to the direction of an inteligence service or network of ©
foreign enfity, knowingly engages in any other clandestine inteligence
activities for or on behalf of such foreign enfity, whether the activities involve
or may not involve a violation of the laws of the Philippines;

(C) knowingly engages in sabotage or international terrorism, or activities
that are in preparation therefor, for or on behalf of a foreign entity:

(0) knowingly enters the Philippines under a false or fraudvient 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 Tile 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;

(8) 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 inteligence 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 temitory that relates to,
and if conceming a Filipino citizen is necessary to—

(A) the national defense or the security of the Philippines: or
{8) the conduct of the foreign affairs of the Philippines.
(f) Electronic surveillance means—

(1) the acauisition 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 acauisition 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 parly 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, or other 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 acauire 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—

{1} 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, 10 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;

(2) 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;

{3) 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

(4) notwithstanding the above paragraphs, with respect to any electronic
surveillance approved pursuant to this Act, procedures that 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 uniess the Secretary of Justice determines
that the information indicates a threat of death or serious bodily harm to any
person.

(i) 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.

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

{k) Suveilled 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.

(!) Wire communication means any communication while i is being cavied by o Wie,
Cable, or other lke connection furnished or operated by any person engaged os ¢
common cartier in providing or operating such faciities for the transmission of domestic
of 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
conceming 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
se of the Intemet, or ony similar electronic communications network regardless of
vanether transmission is made by satelite, wired or wireless means or via access thats free
or for a fee through a public network, commercial provider or common camer.

(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;


{a) any weapon involving a biological agent, toxin, or vector that is designed,
intended, or has the capability to cause death, ilness, or serious bodily inury to
‘a significant number of persons; or

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

SEC. 3. Electronic Surveillance Authorization. - (a) (1) 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;

(8) 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:

{0} may not intentionally acquire any communication as to which the sender and
Gllintended recipients are known at the fime of the acquisition to be located
in the Philippines: and

{E) may not be conducted in a manner contrary to Section 2, Article Ili 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 shail 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 of this Act; or

(8) the cerlification 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) furnish alli information, facilities, or technical assistance necessary to
accomplish the electronic surveillance in such a manner os will
protect its secrecy and produce a minimum of interference with the
services that such carrier is providing its customers; and

(8) maintain under security procedures approved by the Secretary of
Justice and the NICA Director General any records conceming the
surveillance or the aid furnished which such carrier wishes to retain.

The government shall compensate, at the prevailing rate, such carer for furnishing such
aid.

(b) 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. ~

[1) Notwithstanding any other provision of this Act, the Secretary of Justice may authorize
the emergency employment of electronic surveillance on any target if he —


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

(8) 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 fime of such authorization that the
decision has been made to employ emergency electronic surveillance; and

(0) 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.

(2) 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.

{3} 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.

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

(5) 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
polfical subdivision, and no information concerning any Fiipino 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.


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

SEC. 5. Emergencies Involving Non-filipino Citizens. ~

(1) Notwithstanding any other provision of this Act, the lawfully authorized targeting of a
non: ino 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 subject to this Act, the Rules of Court and other
laws, provided that the head of an element of the intelligence community—

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

(8) promptly notifies the Secretary of Justice of a determination under the
foregoing paragraph; and

(C) requests, os 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) Nonpubiicly 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
cor 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 the employment of an emergency
physical search, or a court orders 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. - 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 of the persons incidentally
subjected to the surveillance;

(8) the test is imited 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:

(0) — 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) itis not reasonabie to obtain the consent of persons incidentally suojected
to the surveillance:

(8) such electronic surveillance is limited in extent and duration fo thot
necessary to determine the existence and capably of such equipment: and

{C) 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, f=
{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

ii, train persons in the use of such equipment without engaging in electronic
surveillance:

(8) such electronic surveillance is limited in extent and duration to that necessary
jo 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 ore 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. Barto Legal Action. - No cause of action shall lie in any court against any provider
of o 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. —


(0) Compliance with Minimization Procedures; Privileged Communications; Lawful
Purposes. - Information acquired from an electronic surveillance conducted
pursuant fo this Act conceming any Filipino citizen may be used and disclosed by
officers and employees of the government without the consent of the Filipino
Gitizen 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 shail lose its privieged character. No
information acquired from an electronic surveillance pursuant fo 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
Gccompanied by a statement that such information, or any information derived
therefrom, may only be used in a 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 survellled person. any information
obtained or derived from an electronic surveillance of that surveilled person
pursuant fo the authority of this Act, the government shall, prior to the fal, 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 on electronic surveillance to which he is a surveilled person is to be,
orhas been, introduced or otherwise used or disclosed in any tial, hearing, or other
proceeding in or before any court, department, officer, agency. reguiatory body,
or other authority of the government, 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) oF {d), or whenever a mofionis 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
‘quthority of the goverment 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 wos
lawfuly 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 accurate
determination of the legally of the surveillance.

{f) 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 fo the extent that due
process requires discovery or disclosure.

(9) Finality of Orders. ~ Orders granting motions or requests under subsection
{f), 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. - n 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, andi both the sender and ol 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. - it 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 couse
fo be served on any Filipino citizen named in the application and on such ofher
Flipino citizens subject to electronic surveilance as the judge may determine in his
discretion itis in the interest of justice to serve. notice of—

(1) the fact of the application;
(2) the period of the surveillance; and

{3} 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 afurther ex parte showing of good cause, the cour shall forego
ordering the serving of the notice required under this subsection.

{j) Coordination with Law Enforcement on National Security Matters.

(1) Government officers who conduct electronic surveillance to acquire
foreign inteligence information under this Act may consult with low
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:

(8) sabotage, intemational terrorism, or the intemational 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 preciude
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. ~

a) 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 conceming all
electronic surveillance under this Act. Nothing in this Act shall be deemed to limit
the authority and responsibilty of the appropriate committees of each House of
Congress to obtain such information as they may need to cary out thelr
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 hos
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.

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 conceming 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—

a) engages in electronic surveillance under color of law except as
‘authorized by this Act or other lows;

(2) discloses or uses information obtained under color of law by
electronic surveillance, knowing or having reason to know that the
information wos 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) Penaities. - Offenses described in this section are punishable under any of the
crimes defined in Republic Act No. 10175 or the Cybercrime Prevention Act in their
maximum periods.

SEC. 13. Civil Lability. ~ 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 hos
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 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 period
not to exceed fifteen (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 shalll 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 jimits of the Philippines, commit, conspire
or plot to commit any of the crimes defined and punished in this Act inside the territorial
limits of the Philippines; (3) to individual persons who, although physically outside the
territorial limits of the Philippines, commit any of the said crimes on board Philippine ship
or Philippine airship; (4) to individual persons who commit any of said crimes within any
embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (5) to individual persons who, although physically
outside the territorial mits 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 hereby
repealed, amended, or modified accordingly.

SEC. 18. Special Effectivity Clause. - After the bill shall have been signed into law by the
President, the Act shall take effect after its publication in three (3) newspapers of national
circulation.

Approved,