REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. res 41

Introduced by REPRESENTATIVE AMADO T. ESPINO, JR.

EXPLANATORY NOTE

This measure seeks to amend Republic Act 9372 otherwise known as the “Human

Security of 2007.” The salient features of the bill are as follows:

Change of Short Title from “Human Security Act of 2007” to “Prevention of
Terrorism Act of 2018” precisely to maintain uniformity with other foreign
jurisdictions which uses the same title and to avoid confusion simply because the law
deals mainly with terrorism.

Addition of a new section to define terms used in the proposed statute.

. Addition of three predicate crimes to the existing twelve (12) on the definition of

terrorism, namely:

a. Republic Act No. 9208 (Anti-Trafficking In Persons Act of 2003, as
amended),

b. Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002); and

c. Republic Act No. 10175 (Cybercrime Prevention Act of 2012). It also includes
other analogous acts which intend to cause death or serious bodily injury, or
intend to cause risk to the health, safety or security of the public, or intend to
seriously interferes with, disrupts or destroys critical infrastructure, or use of
weapons of mass destruction, proscribed under any of the relevant treaties and
conventions which the Philippine is a State Party.

. Inclusion of additional punishable acts, together with the Conspiracy to Commit

Terrorism, i.e. Proposal to Commit Terrorism, Inciting to Terrorism, Recruitment to
Terrorist Organization, Providing Material Support to Terrorists or Terrorists
Organization, Foreign Terrorist Fighter, and Glorification of Terrorism.

. The fixed penalty of “forty years of imprisonment” has been changed to “life

imprisonment to death” to give leeway to the judge to impose appropriate penalty
after considering the circumstances present.

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6. Addition of five (5) relevant cabinet secretaries to the existing composition of seven
(7) members of Anti-Terrorism Council (ATC) to expand governmental involvement
in the fight against terrorism. They are the Secretaries of Information and
Communication Technology, Transportation, Labor and Employment, and Education
All the departments that each council member heads to include agencies under them
and other agencies as necessary shall serve as support agencies for the Council.

7. The swift issuance by the court of Preliminary Asset Preservation Order which is
twenty four (24) hours and its effectivity of six (6) months. The longer period will
give the law enforcement agencies ample time to gather more pieces of evidence to
support final order of forfeiture and proscription.

8. In order to address exigencies, the proposed amendment gives the Secretary of Justice
the power to compel telecom and intemet providers to preserve and produce all
customer information and identification records as well as call and text data record
and other cellular or internet metadata in cases of actual or imminent terrorist attacks.

9. The Regional Trial Court is also given concurrent jurisdiction with the Court of
Appeals for Formal Application for Judicial Authorization giving more access to the
courts by law enforcers which will facilitate securing of documents.

10. A provision on the arrest of unwilling witnesses that causes delay in building the case
against the terrorists is included. The extension of detention without judicial warrant
is likewise extended to thirty (30) days

11. Increase in the period for change of custody of intercepted and recorded material from
forty eight (48) hours to ten (10) days to allow more time for law enforcers to gather
evidence.

12. Inclusion of the provisions regarding Order of Proscription, Asset Preservation Orders
and Request to Proscribe a Terrorist with Foreign Jurisdiction and Supra-National
Jurisdiction.

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Institutionalization of the Anti-Terrorism Council-Program Management Center as
Administrative arm of ATC maintaining its current functions

This amendment is brief compared to the Human Security Act of 2007. The provisions are
greatly shortened from sixty two (62) to just thirty four (34). The reason being all provisions
redundant with existing laws and procedures are deleted. More importantly, unconscionable
provisions that are anti-law enforcement are also deleted.

In view of the foregoing, immediate passing of this bill is eamestly sought.

Ey Se JR.


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
Quezon City

Seventeenth Congress
Second Regular Session

House BILL No'714.1

Introduced by REPRESE!

‘TIVE AMADO T. ESPIN

AN ACT AMENDING REPUBLIC ACT NO. 9372 ENTITLED “AN ACT TO SECURE
‘THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM”, OTHERWISE
KNOWN AS THE “HUMAN SECURITY ACT OF 2007”

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

SECTION 1. Section 1 of Republic Act No. 9372, otherwise known as the “Human
Security Act of 2007” is hereby amended to read as follows:

“Section 1. Short Title. - This Act shall henceforth be known as the ["Human
Security Act of 2007."|“PREVENTION OF TERRORISM ACT OF 2018.”

SECTION 2. Section 2 of the same Act is hereby amended to read as follows:

“Section 2. Declaration of Policy. - It is declared a policy of the State to protect THE
RIGHT TO life, liberty, and property, INCLUDING from acts of terrorism, to condemn
terrorism as inimical and dangerous to the national security of the country and to the welfare
of the people, and to make terrorism a crime against the Filipino people, against humanity,
and against the law of nations.”

[In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution

The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into
account the root causes of terrorism without acknowledging these as justifications for terrorist
and/or criminal activities. Such measures shall include conflict management and post-conflict


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peace-building, addressing the roots of conflict by building state capacity and promoting
equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of
constitutionally recognized powers of the executive branch of the government. It is to be
understood, however, that the exercise of the constitutionally recognized powers of the
‘executive department of the government shall not prejudice respect for human rights which
shall be absolute and protected at all times.J”

SECTION 3. A new Section 3 is hereby added to read as follows:
“Section 3.DEFINITION OF TERMS. - AS USED IN THIS ACT:

(A)“CRITICAL INFRASTRUCTURE” SHALL MEAN AN ASSET OR
SYSTEM WHICH IS ESSENTIAL FOR THE MAINTENANCE OF VITAL
SOCIETAL FUNCTIONS. “CRITICAL INFRASTRUCTURE” MAY
INCLUDE, BUT IS NOT LIMITED TO, COMMUNICATIONS,
EMERGENCY SERVICES, GAS, ENERGY, DAMS, FINANCE, FOOD,
PUBLIC SERVICES, INDUSTRY, HEALTH, TRANSPORT, RADIO AND
TELEVISION, INFORMATION TECHNOLOGY, COMMERCIAL
FACILITIES, CHEMICAL AND NUCLEAR SECTORS, AND WATER.

(B)“WEAPONS OF MASS DESTRUCTION” OR WMD SHALL MEAN
“CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR
WEAPONS CAPABLE OF A HIGH ORDER OF DESTRUCTION OR
CAUSING MASS CASUALTIES, AND EXCLUDING THE MEANS OF
TRANSPORTING OR PROPELLING THE WEAPON WHERE SUCH
MEANS IS A SEPARABLE AND DIVISIBLE PART FROM THE WEAPON.

(C)“CONSPIRACY” SHALL MEAN WHEN TWO OR MORE PERSONS
COME TO AN AGREEMENT CONCERNING THE COMMISSION OF
THE CRIME OF TERRORISM, AS DEFINED IN SECTION 4 HEREOF,
AND DECIDE TO COMMIT THE SAME.

(D)“PROPOSAL” SHALL MEAN WHEN THE PERSON WHO HAS
DECIDED TO COMMIT THE CRIME OF TERRORISM PROPOSES ITS
EXECUTION TO SOME OTHER PERSON OR PERSONS.


(E)“INDIVIDUAL TERRORISI” REFERS TO ANY NATURAL PERSON

‘WHO COMMITS ANY ACTS DEFINED AND PENALIZED IN SECTIONS
4, 5, 5(A), 5(B), S(C), 5(D), AND S(E) HEREOF, AS A PRINCIPAL,
ACCOMPLICE OR ACCESSORY, OR THOSE PROSCRIBED UNDER
SECTION 17 HEREOF.

(F)“TERRORIST ORGANIZATION, ASSOCIATION OR GROUP OF

PERSONS” REFERS TO ANY ENTITY OWNED OR CONTROLLED BY
ANY TERRORIST OR GROUP OF TERRORISTS THAT COMMITS ANY
ACTS DEFINED AND PENALIZED IN SECTIONS 4, 5, 5(A), 5(B), 5(C),
5(D), AND S(E) OR THOSE PROSCRIBED UNDER SECTION 17
HEREOF, OR DESIGNATED PERSONS UNDER SECTION 3 (E) OF R.A.
10168, OTHERWISE KNOWN AS THE “TERRORISM FINANCING
PREVENTION AND SUPPRESSION ACT OF 2012.

(G)*MATERIAL SUPPORT” MEANS PROVIDING PROPERTY OR FUNDS,

OR ANY FORM OF SERVICE, LODGING, SAFEHOUSES, TRAINING,
EDUCATION, INDOCTRINATION, EXPERT ADVICE OR ASSISTANCE,
FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATION
AND TRANSPORTATION EQUIPMENT, FACILITIES, WEAPONS,
LETHAL SUBSTANCES, EXPLOSIVES AND PERSONNEL, TO
INDIVIDUAL TERRORIST AND/OR TERRORIST ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS ORGANIZED FOR THE
PURPOSE OF At G IN TERRORISM.

(H)“PROPERTY OR FUNDS” REFER TO FINANCIAL ASSETS, PROPERTY

OF EVERY KIND, WHETHER TANGIBLE OR INTANGIBLE,
MOVABLE OR IMMOVABLE, PERSONAL OR REAL, HOWEVER
ACQUIRED, AND LEGAL DOCUMENTS OR INSTRUMENTS IN ANY
FORM, INCLUDING ELECTRONIC OR DIGITAL, EVIDENCING TITLE
TO, OR INTEREST IN, SUCH FUNDS OR OTHER ASSETS,
INCLUDING, BUT NOT LIMITED TO, BANK CREDITS,
CHEQUES, BANK CHEQUES, MONEY ORDERS, SHARES,
SECURITIES, BONDS, DRAFTS, OR LETTERS OF CREDIT, AND ANY
INTEREST, DIVIDENDS OR OTHER INCOME ON OR VALUE
ACCRUING FROM OR GENERATED BY SUCH FUNDS OR OTHER
ASSETS.

RAVELERS


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() “TRAINING” MEANS INSTRUCTION OR TEACHING DESIGNED TO
IMPART A_ SPECIFIC SKILL, AS OPPOSED TO GENERAL
KNOWLEDGE.

(J) “EXPERT ADVICE OR ASSISTANCE” MEANS ADVICE OR
ASSISTANCE DERIVED FROM SCIENTIFIC, TECHNICAL OR OTHER
SPECIALIZED KNOWLEDGE.

(K)“PROBABLE CAUSE" REFERS TO A REASONABLE GROUND OF
SUSPICION, SUPPORTED BY CIRCUMSTANCES SUFFICIENTLY
STRONG IN THEMSELVES AS TO WARRANT A REASONABLE MAN
IN BELIEVING THAT THE INDIVIDUAL, ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS WERE OR CONTINUOUSLY
ENGAGED IN TERRORISM OR HAVE PERFORMED ACTS
COMMITTED BY A TERRORIST OR TERRORIST ORGANIZATION AS
DEFINED IN THIS ACT.

SECTION 4. Section 3 of this Act is hereby re-numbered and amended to read as
follows:

“Section[3]4.7errorism. - Any person who commits an act punishable under any of
the following provisions of the Revised Penal Code REGARDLESS OF ITS STAGE OF
EXECUTION:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters);

b. Article 134 (Rebellion or Insurrection);
c. Article 134-A (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction), [or under]


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OR UNDER ANY OF THE FOLLOWING SPECIAL LAW:
1, Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968),

4, Republic Act No. 6235 (Anti-Hijacking Law);

5, Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law
of 1974); fand]

6. Presidential Decree No. 1866 (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of
Firearms, Ammunitions or Explosives), AS AMENDED BY REOUBLIC
ACT NO. 8294, REPUBLIC ACT NO. 9516 AND REPUBLIC ACT NO.
10591;

7. REPUBLIC ACT NO. 9208 (ANTI-TRAFFICKING IN PERSONS

ACT OF 2003)

8. REPUBLIC ACTNO. 9165 (COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002), AND

9, REPUBLIC ACT NO. 10175 (CYBERCRIME PREVENTION ACT
OF 2012)

OR ANY OTHER ACT (1) INTENDED TO CAUSE DEATH OR SERIOUS
BODILY INJURY TO ANY PERSON, OR (II) INTENDED TO CAUSE RISK
TO THE HEALTH, SAFETY OR SECURITY OF THE PUBLIC, OR (II)
INTENDED TO SERIOUSLY INTERFERES WITH, DISRUPTS OR
DESTROYS CRITICAL INFRASTRUCTURE, OR (IV) USING WEAPONS
OF MASS DESTRUCTION, OR (V) PROSCRIBED UNDER ANY OF THE
RELEVANTTREATIES AND CONVENTIONS WHICH THE PHILIPPINES
IS ASTATE PARTY



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WHEN THE PURPOSE AND/OR EFFECT OF ANY OF THE ABOVE
FELONIES, CRIMES OR ACTS, BY THEIR NATURE OR CONTEXT, IS TO
INTIMIDATE A POPULATION, OR TO COMPEL A GOVERNMENT, AN
INTERNATIONAL ORGANIZATION, OR ANY PERSON OR ENTITY, TO
DO OR TO ABSTAIN FROM DOING ANY ACT,

[thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an unlawful
demand] shall be guilty of the crime of terrorism and shall suffer the penalty of [forty
(40) years of imprisonment]LIFE IMPRISONMENT TO DEATH, without the
benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.”

SECTION 5. Section 4 of the same Act is hereby re-numbered, amended and new
subsections designated as subsections 5(a), 5(b), 5(c), 5(d), 5(e), 5(f), and 5(g) are hereby
added to read as follows:

“Section[4}5.Conspiracy to Commit Terrorism. - Persons who conspire to commit the
crime of terrorism shall suffer the penalty offforty (40) years of imprisonment|LIFE
IMPRISONMENT TO DEATH, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

[There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism, as defined in Sec. 3 hereof, and decide to commit the

same.]

SECTION 5S(A). PROPOSAL TO COMMIT TERRORISM. - ANY PERSON
WHO PROPOSES TO COMMIT THE CRIME OF TERRORISM SHALL SUFFER
THE PENALTY OF LIFE IMPRISONMENT TO DEATH, WITHOUT THE
BENEFIT OF PAROLE AS PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE
KNOWN AS THE INDETERMINATE SENTENCE LAW, AS AMENDED.

SECTION S(B). INCITING TO TERRORISM. - ANY PERSON WHO INCITES
ANOTHER PERSON BY ANY MEANS TO COMMIT TERRORISM, WHETHER
OR NOT DIRECTLY ADVOCATING THE COMMISSION OF ANY OF SUCH ACT,
THEREBY CAUSING DANGER THAT ONE OR MORE SUCH ACTS MAY BE


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COMMITTED, SHALL BE PUNISHED WITH THE PENALTY OF LIFE
IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS
PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE S' ENCE LAW, AS AMENDED.

SECTION 5(C). RECRUITMENT TO TERRORIST ORGANIZATION. - ANY
PERSON WHO SHALL RECRUIT ANOTHER TO JOIN ANY ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS ORGANIZED FOR THE PURPOSE OF
ENGAGING IN TERRORISM, OR WHICH, ALTHOUGH NOT ORGANIZED FOR
THAT PURPOSE, ACTUALLY USES THE ACTS ENUMERATED IN SECTION 3
HEREOF TO TERRORIZE, SHALL BE PUNISHED WITH THE PENALTY OF
LIFE IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS
PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW, AS AMENDED.

SECTION S(D). PROVIDING MATERIAL SUPPORT TO TERRORISTS OR
TERRORIST ORGANIZATIONS. - ANY PERSON WHO PROVIDES MATERIAL
SUPPORT TO ANY INDIVIDUAL TERRORIST OR TERRORIST
ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS ORGANIZED FOR
THE PURPOSE OF ENGAGING IN TERRORISM, SHALL BE PUNISHED WITH
THE PENALTY OF LIFE IMPRISONMENT TO DEATH, WITHOUT THE
BENEFIT OF PAROLE AS PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE
KNOWN AS THE INDETERMINATE SI ENCE LAW, AS AMENDED.

SECTION S(E). FOREIGN TERRORIST FIGHTERS. — ANY PERSON WHO
SHALL TRAVEL OR ATTEMPTS TO TRAVEL, OR RECRUITS OR ASSISTS
ANOTHER PERSON TO TRAVEL, OR FACILITATES THE TRAVEL OF
ANOTHER PERSON, TO ANOTHER STATE OR COUNTRY FOR THE PURPOSE
OF PLANNING OR PREPARATION OF, OR PARTICIPATION IN, TERRORIST
ACTS, OR PROVIDING OR RECEIVING TERRORIST TRAINING, INCLUDING
IN CONNECTION WITH ARMED CONFLICT, SHALL BE PUNISHED WITH THE
PENALTY OF LIFE IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF
PAROLE AS PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS
THE INDETERMINATE SENTENCE LAW, AS AMENDED.


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ANY ALIEN WHO IS A FUGITIVE FROM JUSTICE FOR ANY ACTS OF
TERRORISM COMMITTED ABROAD, BASED ON VERIFIABLE INFORMATION
FROM ANY LAWFUL AUTHORITIES ABROAD, SHALL BE CONSIDERED AS
AN UNDESIRABLE ALIEN. HE SHALL BE ARRESTED BY VIRTUE OF A
MISSION ORDER ISSUED BY THE COMMISSIONER OF IMMIGRATION FOR
THE PURPOSE OF INSTITUTING DEPORTATION PROCEEDINGS.

SEC. 5 (F). GLORIFICATION OF TERRORISM — ANY PERSON WHO, NOT

6 AND 7 OF THIS ACT, SHALL BY ANY MEANS ADVERTISE THROUGH ANY
MEDIUM TO GLORIFY OR PROMOTE TERRORIST ACTS COMMITTED BY
PROSCRIBED OR DESIGNATED INDIVIDUALS OR ORGANIZATIONS SHALL
SUFFER THE PENALTY OF TEN (10) YEARS OF IMPRISONMENT.”

SECTION 6. SEC. 5 of the same Act is hereby re-numbered and amended to read as

follows:

“Section[5]6. Accomplice. - Any person who, not being a principal under Article 17
of the Revised Penal Code or a conspirator as defined in Sec. [4] hereof, cooperates in the
execution of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day
to twenty (20) years of imprisonment.”

SECTION 7. Section 6 of the same Act is hereby re-numbered and amended to read

as follows:

“Section[6]7. Accessory. - Any person who, having knowledge of the commission of the
ANY OF THE crime [of terrorism or conspiracy to commit terrorism] IN SECTION 4,
5(A), 5(B), 5(C), 5(D), AND 5(E) HEREOF and without having participated therein, cither
as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime: (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the
crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of

imprisonment.


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[Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of

subparagraph (a).|”

SECTION 8. Section 7 of the same Act is hereby re-numbered and amended to read

as follows:

“Section [7|8. Surveillance of Suspects and Interception and Recording of
Communications. - The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) AND
R.A. 10175 (CYBERCRIME PREVENTION ACT) to the contrary notwithstanding, fa
police or law enforcement official and members of his team]LAW ENFORCEMENT OR
MILITARY PERSONNEL may, upon a written order of the Court of Appeals
AND/ORREGIONAL TRIAL COURT, listen to, intercept and record, with the use of any
mode, form, kind or type of electronic or other surveillance equipment or intercepting and
tracking devices, or with the use of any other suitable ways and means for that purpose, any
communication, message, conversation, discussion, or spoken or written words (A)between
members of a {judicially declared and outlawed terrorist organization, association, or group
of persons or of any person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism]DESIGNATED PERSON AS DEFINED IN SECTION 3(E) OF R.A.
10168, OTHERWISE KNOWN AS THE “TERRORISM FINANCING PREVENTION
AND SUPPRESSION ACT OF 2012”, OR (B) ANY PERSON CHARGED OR
SUSPECTED OF ANY CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND
5(F) HEREOF.

IN CASE OF IMMINENT DANGER OR ACTUAL TERRORIST ATTACK,
THE SECRETARY OF THE DEPARTMENT OF JUSTICE, UPON THE
CERTIFICATION OF THE ANTI-TERRORISM COUNCIL BASED ON
REASONABLE GROUND OF SUSPICION, SHALL HAVE THE POWER TO
COMPEL TELECOM AND INTERNET SERVICE PROVIDERS TO PRODUCE
ALL CUSTOMER INFORMATION AND IDENTIFICATION RECORDS AS WELL
AS CALL AND TEXT DATA RECORDS AND OTHER CELLULAR OR INTERNET
METADATA OF ANY PERSON SUSPECTED OF ANY CRIME IN SECTION 4, 5,
5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF.

SECTION 9. Section 8 of the same Act is hereby re-numbered and amended to read
as follows:


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“Section[8] 9.Formal Application for Judicial Authorization, - The written order of
the authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL COURT to
track down, tap, listen to, intercept, and record communications, messages, conversations,
discussions, or spoken or written words of fany person suspected of the crime of terrorism or
the crime of conspiracy to commit terrorismJIN SECTION 8 HEREOF shall only be
granted by the authorizing division of the Court of Appeals AND/ORTHE REGIONAL
TRIAL COURT upon an ex parte written application of a [police or of a law enforcement
officialJLAW ENFORCEMENT OR MILITARY PERSONNEL|who has been duly
authorized in writing by the Anti-Terrorism Council created in Sec. 53 of this Act to file such
ex parte application}, and upon examination under oath or affirmation of the applicant and
[thc] HIS/HER witnesses [he may produce to cstablish]: (a) that there is probable cause to
believe based on personal knowledge of facts or circumstances that ANY OF the [said]
crimes [of terrorism or conspiracy to commit terrorism|SECTION 4, 5, 5(A), 5(B), 5(C),
5(D), AND 5(E) HEREOF has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal knowledge of facts
or circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be obtained;
and, (c) that there is no other effective means readily available for acquiring such evidence.

SECTION 10. Section 9 of the same Act is hereby re-numbered and amended to read
as follows:

“Section[9] 10.Classification and Contents of the Order of the Court. - The written
order granted by the authorizing division of the Court of Appeals AND/OR REGIONAL
TRIAL COURT as well as its order, if any, to extend or renew the same, AND the original
application of the applicant, including his application to extend [or renew], if any, fand the
written authorizations of the Anti-Terrorism Council] shall be deemed and are hereby
declared as classified information: [Provided, That the person being surveilled or whose
communications, letters, papers, messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the legality of the interference
before the Court of Appeals which issued the written order] The written order of the
authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL COURT shall

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specify the following: (a) the identity, such as name and address, if known, of the [charged or
suspected] person whose communications, messages, conversations, discussions, or spoken
or written words are to be tracked down, tapped, listened to, intercepted, and recorded and, in
the case of radio, electronic, or telephonic (whether wireless or otherwise) communications,
messages, conversations, discussions, or spoken or written words, the electronic transmission
systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and
recorded and their locations OR IF THE PERSON SUSPECTED OF THE CRIME OF
TERRORISM OR CONSPIRACY TO COMMIT TERRORISM IS NOT FULLY
KNOWN, SUCH PERSON SHALL BE SUBJECT TO CONTINUOUS
SURVEILLANCE PROVIDED THERE IS A REASONABLE GROUND TO DO SO;
(b) the identity {(name, address, and the police or law enforcement organization) of the police
or of the law enforcement official, including the individual identity (names, addresses, and
the police or law enforcement organization) of the members of his teamJOF THE LAW
ENFORCEMENT OR MILITARY PERSONNEL, judicially authorized to track down,
tap, listen to, intercept, and record the communications, messages, conversations, discussions,
or spoken or written words; (c) the offense or offenses committed, or being committed, or
sought to be prevented; and, (d) the length of time within which the authorization shall be
used or carried out.

SECTION 11. Section 10 of the same Act is hereby re-numbered and amended to read
as follows:

“Section{10] 11.£ffective Period of Judicial Authorization, - Any authorization
granted by the authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL
COURT, pursuant to Sec. [9]10(4) of this Act, shall only be effective for the length of time
specified in the written order [of the authorizing division of the Court of Appeals}, which
shall not excced a period of [thirty (30)] NINETY (90) days from the date of reccipt of the
written order [of the authorizing division of the Court of Appeals} by the applicant [police or
law enforcement official] LAW ENFORCEMENT OR MILITARY PERSONNEL”

[The authorizing division of the Court of Appeals may extend or renew the said authorization
for another non-extendible period, which shall not exceed thirty (30) days from the expiration
of the original period: Provided, That the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the public interest: and Provided, further, That


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the ex parte application for extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the team named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Scc. 20 hercof, the
applicant police or law enforcement official shall have thirty (30) days after the termination
of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of
‘this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the surveillance,
interception and recording of the termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment
shall be imposed upon the applicant police or law enforcement official who fails to notify the
person subject of the surveillance, monitoring, interception and recording as specificd above.}

SECTION 12. Section 11 of the same Act is hereby re-numbered and amended to read
as follows:

See. [11]12.Custody of Intercepted and Recorded Communications.- All tapes, discs,
and recordings made pursuant to the authorization of the authorizing division of the Court of
Appeals AND/OR REGIONAL TRIAL COURT, [including all excerpts and summaries
thercof as well as all writtcn notes or memoranda made in conncction therewith, shall,} within
[forty-eight (48) hours] TEN (10) DAYS after the expiration of the period fixed in the
written order [of the authorizing division of the Court of Appeals or within forty-eight (48)
hours after the expiration] of any extension or renewal granted [by the authorizing division of
the Court of Appeals], be deposited with the authorizing Division of the Court of Appeals
AND/OR THE REGIONAL TRIAL COURT in a sealed envelope or sealed package, as
the case may be, and shall be accompanied by[a] THE affidavit of the applicant [police or law
enforcement official and the members of his team] LAW ENFORCEMENT OR
MILITARY PERSONNEL.


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[In case of death of the applicant or in case he is physically disabled to execute the required
affidavit, the one next in rank to the applicant among the members of the team named in the
written order of the authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.]

It shall be unlawful for any person, police officer or any custodian of the tapes, discs and
recording, and their excerpts and summaries, written notes or memoranda to copy in
whatever form,] to INTENTIONALLY ALTER, remove, delete, expunge, incinerate, shred
or destroy in any manner the items enumerated above in whole or in part under any pretext

whatsoever.

Any person who INTENTIONALLY ALTERS, removes, delctcs, cxpunges,
incinerates, shreds or destroys the items enumerated above shall suffer a penalty of [not less
than] six years and one day to twelve (12) years of imprisonment.

SECTION 13. Section 12 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [12]13Contents of [Joint] THE Affidavit. - The [joint] affidavit of the
[police or of the law enforcement official and the individual members of his team] LAW
ENFORCEMENT OR MILITARY PERSONNEL shall state: (a) the number of tapes,
discs, and recordings that have been made, fas well as the number of excerpts and summaries
thereof and the number of written notes and memoranda, if any, made in connection
therewith};AND (b) the dates and times covered by each of such tapes, discs, and recordings.
[; (© the number of tapes, discs, and recordings, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda made in connection
therewith that have been included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the tracking down, tapping, intercepting, and recording, as well as the
date of any extension or renewal of the original written authority granted by the authorizing
division of the Court of Appeals.|

[The joint affidavit shall also certify under oath that no duplicates or copies of the whole or
any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the
whole or any part of any of such excerpts, summaries, written notes, and memoranda, have
been made, or, if made, that all such duplicates and copies are included in the sealed envelope

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or sealed package, as the case may be, deposited with the authorizing division of the Court of
Appeals.]

[It shall be unlawful for any person, police or law enforcement official to omit or exclude
from the joint affidavit any item or portion thereof mentioned in this Section.]

[Any person, police or law enforcement officer who violates any of the acts
prescribed in the preceding paragraph shall suffer the penalty of not less than ten (10) years
and one day to twelve (12) years of imprisonment.

SECTION 14. Section 13 of the same Act is hereby re-numbered and amended to read
as follows:

Section. [13]14. Disposition of Deposited Material. -The sealed envelope or sealed
package and the contents thereof, which are deposited [with the authorizing division of the
Court of Appeals]IN ACCORDANCE WITH SECTION 12 HEREOF, shall be deemed
and are hereby declared classified information, and the scaled envelope or scaled package
shall not be opened and its contents [(including the tapes, discs, and recordings and all the
excerpts and summaries thereof and the notes and memoranda made in connection
therewith)} shall not be divulged, revealed, read, replayed, or used as evidence unless
authorized by [written order of] THE AUTHORIZING DIVISION OF THE COURT OF
APPEALS OR THE REGIONAL TRIAL COURT, which [written order] shall be granted
only upon a written application of the Department of Justice [filed before the authorizing
division of the Court of Appeals and only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism Council to file the application with
proper written notice the person whose conversation, communication, message discussion or
spoken or written words have been the subject of surveillance, monitoring, recording and
interception to open, reveal, divulge, and use the contents of the sealed envelope or sealed
package as evidence.]

[Any person, law enforcement official or judicial authority who violates his duty to
notify in writing the persons subject of the surveillance as defined above shall suffer the
penalty of six years and one day to eight years of imprisonment. ]

SECTION 15. Section 14 of the same Act is hereby re-numbered and amended to read
as follows:


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“Section[14] 15.4pplication to Open Deposited Sealed Envelope or Sealed Package.
- The written application [with notice to the party concerned] to open the deposited sealed
envelope or sealed package shall [clearly] state the purpose or reason: (a) for ITS opening
{the sealed envelope or sealed package: (b) for revealing or disclosing its classified contents:
(©)(B)for replaying, divulging, and or reading any of the listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written words
[(including any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith)]; and, {(d)|(C)for using any of said listened to, intercepted,
and recorded communications, messages, conversations, discussions, or spoken or written
words [(including any of the excerpts and summaries thereof and any of the notes or

memoranda made in connection therewith)] as cvidence.

[Any person, law enforcement official or judicial authority who violates his duty to notify as
defined above shall suffer the penalty of six years and one day to eight years of
imprisonment}

SECTION 16. Section 15 of the same Act is hereby re-numbered and amended to read

as follows:

“Section[15]16.£videntiary Value of Deposited Materials. - Any listened to,
intercepted, and recorded communications, messages, conversations, discussions, or spoken
or written words, or any part or parts thereof, or any information or fact contained therein,
including their existence, content, substance, purport, effect, or meaning, which have been
secured in violation of the [pertinent] provisions of this Act, shall [absolutely] not be
admissible [and usable] as evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing.

SECTION 17. Section16 of the same Act is hereby REPEALED.

SECTION 18. Section 17 of the same Act is hereby amended and new subsections
designated as subsections 17-A and 17-B are hereby added to read as follows:

“Section 17.Proscription of INDIVIDUAL TERORRIST, Terrorist Organizations,
Association, or Group of Persons. - Any INDIVIDUAL, organization, association, or group
of persons WHO VIOLATE SECTION 4, 5(A), 5(B), 5(C), 5(D) or 5(E), AND ANY
INDIVIDUAL, ORGANIZATION, OR GROUP OF PERSONS organized for the purpose

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of engaging in terrorism, [or which, although not organized for that purpose, actually uses the
acts to terrorize mentioned in this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the government to give in
to an unlawful demand} shall upon application of the Department of Justice before a
competent Regional Trial Court, [with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned,] be declared as a terrorist and/OR
outlawed organization, association, or group of persons by the said [Regional Trial] Court.

THE EX PARTE APPLICATION SHALL BE FILED WITH AN URGENT
PRAYER FOR THE ISSUANCE OF A PRELIMINARY ASSET PRESERVATION
ORDER AND/OR A PRELIMINARY ORDER OF PROSCRIPTION.

NO APPLICATION FOR PROSCRIPTION WILL BE FILED WITHOUT THE
AUTHORITY OF THE ANTI-TERRORISM COUNCIL UPON THE
RECOMMENDATION OF THE NATIONAL INTELLIGENCE COORDINATING
AGENCY (NICA).

SECTION 17-A, ORDER OF PROSCRIPTION. — ASSET PRESERVATION
ORDER. WHERE THE REGIONAL TRIAL COURT JUDGE HAS DETERMINED
THAT PROBABLE CAUSE EXISTS ON THE BASIS OF THE VERIFIED EX PARTE
PETITION SUFFICIENT IN FORM AND SUBSTANCE, THE COURT WITHIN
TWENTY FOUR (24) HOURS FROM THE FILING OF THE APPLICATION MAY
ISSUE A PRELIMINARY ORDER OF PROSCRIPTION DECLARING THAT THE
RESPONDENT THEREIN IS A TERRORIST OR TERRORIST ORGANIZATION
WITHIN THE MEANING OF THIS ACT.

THE PRELIMINARY ASSET PRESERVATION ORDER SHALL,
EFFECTIVE IMMEDIATELY, FORBID THE TRANSACTION, WITHDRAWAL,
DEPOSIT, TRANSFER, REMOVAL, CONVERSION, CONCEALMENT OR OTHER
DISPOSITION OF ANY PROPERTY OR FUNDS OWNED OR CONTROLLED BY
THE PROSCRIBED TERRORIST, ORGANIZATION, ASSOCIATION OR GROUP
OF PERSONS. SUCH ORDER SHALL BE EFFECTIVE FOR A PERIOD SIX (6)
MONTHS FROM THE RESPECTIVE DATES OF SERVICE TO RESPONDENT OR
ANY PERSON ACTING IN HIS BEHALF, AND UPON EACH INSTITUTION OR
GOVERNMENT AGENCY IN POSSESSION OF THE SUBJECT PROPERTY OR
FUNDS.

THE COURT WILL SCHEDULE A SUMMARY HEARING AT A DATE AND
TIME WITHIN THE SIX-MONTH PERIOD AT WHICH THE RESPONDENT MAY
FOR GOOD CAUSE SHOW WHY THE ORDER OF PROSCRIPTION BE SET
ASIDE, AND THE ASSET PRESERVATION ORDER SHOULD BE LIFTED. THE
COURT SHALL DETERMINE WITHIN THE SAME PERIOD WHETHER THE

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QUESTIONED ORDERS SHOULD BE MADE PERMANENT, SET ASIDE,
MODIFIED OR BE LIFTED AS THE CASE MAY BE.

SECTION 17-B.REQUEST TO PROSCRIBE FROM FOREIGN
JURISDICTIONS AND SUPRA-NATIONAL JURISDICTIONS. -CONSISTENT WITH
THE NATIONAL INTEREST, ALL REQUESTS FOR PROSCRIPTION MADE BY
ANOTHER JURISDICTION OR SUPRA-NATIONAL JURISDICTION SHALL BE
REFERRED BY THE DEPARTMENT OF FOREIGN AFFAIRS TO THE ANTI-
TERRORISM COUNCIL (ATC) TO DETERMINE, WITH THE ASSISTANCE OF
THE NICA, IF PROSCRIPTION UNDER SEC.17 OF THIS ACT IS WARRANTED
AND, IF SO, THE ATC SHALL CORRESPONDINGLY COMMENCE
PROSCRIPTION PROCEEDINGS THROUGH THE DEPARTMENT OF JUSTICE.”

SECTION 19. Section 18 of the same Act is hereby amended to read as follows:

“Section 18.Period of Detention Without Judicial Warrant of Arrest. - The provisions
of Article 125 of the Revised Penal Code to the contrary notwithstanding, any [police or] law
‘enforcement OR MILITARY personnel[, who, having been duly authorized in writing by
the Anti-Terrorism Council] has taken custody of a person [charged with or] suspected [of the
crime of terrorism or the crime of conspiracy to commit terrorismJ]OF COMMITTING
ANY CRIME IN SECTION 4, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF shall,
without incurring any criminal liability for delay in the delivery of detained persons to the
proper judicial authorities, deliver said [charged or suspected|ARRESTED person to the
proper judicial authority within a period of [threeJTHIRTY (30)days counted from the
moment the said [charged or suspected] person has been [apprehended or] arrested
EXCLUDING SATURDAY, SUNDAY AND HOLIDAYS.|, detained, and taken into
custody by the said police, or law enforcement personnel: Provided, That the arrest of those
suspected of the crime of terrorism or conspiracy to commit terrorism must result from the

surveillance under Sec. 7 and examination of bank deposits under Sec. 27 of this Act.]

[The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day or
night. It shall be the duty of the judge, among other things, to ascertain the identity of the
police or law enforcement personnel and the person or persons they have arrested and
presented before him or her, to inquire of them the reasons why they have arrested the person

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and determine by questioning and personal observation whether or not the suspect has been
subjected to any physical, moral or psychological torture by whom and why. The judge shall
then submit a written report of what he/she had observed when the subject was brought
before him to the proper court that has jurisdiction over the case of the person thus arrested.
The judge shall forthwith submit his/her report within three calendar days from the time the
suspect was brought to his/her residence or office.]

[immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest: Provided,
That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the judge nearest the place where the
accused was arrested.]

[The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall
be imposed upon the police or law enforcement personnel who fails to notify and judge as
provided in the preceding paragraph. |

SECTION 20. Section 19 of the same Act is hereby amended and new subsections
designated as subsections 19-A, 19-B and 19-C are hereby added to read as follows:

“Section 19.Period of Detention in the Event of an Actual or Imminent Terrorist
Attack. - In the event of an actual or imminent terrorist attack, suspects may [not] be detained
for more than [three] THIRTY (30) days without [the written approval of a municipal, city,
provincial or regional official of a Human Rights Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place
of thc arrestTHE LAW ENFORCEMENT OR MILITARY PERSONNEL
INCURRING ANY CRIMINAL LIABILITY FOR DELAY OF DELIVERY OF
DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES UNDER
ARTICLE 125 OF THE REVISED PENAL CODE. [If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the arresting police or law enforcement personnel
shall bring the person thus arrested to the residence of any of the officials mentioned above
that is nearest the place where the accused was arrested. The approval in writing of any of the
said officials shall be secured by the police or law enforcement personnel concerned within
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within [three] THIRTY (30) days after the detention the suspects, whose connection with the
terror attack or threat is not established, shall be released immediately, OTHERWISE, SAID
SUSPECTS SHALL, WITHIN THIRTY (30) DAYS AFTER THE ACTUAL OR
IMMINENT TERRORIST ATTACK CEASES, EXCLUDING SATURDAYS,
SUNDAYS AND HOLIDAYS, BE DELIVERED TO THE PROPER JUDICIAL
AUTHORITY.

SECTION 19-A. ARREST OF UNWILLING MATERIAL WITNESS.- WHEN
THERE IS NO OTHER MATERIAL WITNESS, UPON APPLICATION OF THE
DEPARTMENT OF JUSTICE, THE COURT MAY ISSUE AN ARREST WARRANT
OF A MATERIAL WITNESS IN ORDER TO SECURE HIS OR HER TESTIMONY
IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF ANY
OFFENSE UNDER THIS ACT.

TO OBTAIN THE ARREST WARRANT, THE DOJ SHALL ESTABLISH TO
THE COURT’S SATISFACTION THAT THE PERSON IN QUESTION HAS
MATERIAL INFORMATION NECESSARY TO THE INVESTIGATION OR
PROSECUTION UNDER THIS ACT.

SECTION 19-B. SUSPENSION/CANCELATION OF PASSPORT — THE
DEPARTMENT OF FOREIGN AFFAIRS, BASED ON REASONABLE GROUND OF
SUSPICION, MAY SUSPEND OR CANCEL THE PASSPORT OF A CITIZEN
SUSPECTED OF ANY CRIME IN SECTION 4, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(G)
HEREOF.

SECTION 19-C. ISSUANCE OF HOLD DEPARTURE ORDER - UPON
FILING OF THE INFORMATION FOR ANY CRIME IN SECTION4, 5(A), 5(B),
5(C), 5(D), 5(E), S(F), AND (G) HEREOF, THE COURT SHALL IMMEDIATELY
ISSUE A HOLD DEPARTURE ORDER AGAINST ANY PERSON SO CHARGED.

SECTION 21. Sections 20, 21, 22, 23, 24, and 25 of the same Act are hereby
REPEALED:

SECTION 22. Section 26 of the same Act is hereby re-numbered and amended to read

as follows:


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“See. [26]20.[RestrictionCONDITIONS on Travel WHILE ON BAIL, - \n cases
where evidence of guilt is not strong, and the person charged with [the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is granted the same] ANY CRIME IN
SECTION 4, 5(A), 5(B), 5(C), 5(D), 5(E), AND S(F), the court, upon application by the
prosecutor, shall limit the [right of] travel of the accused to within the municipality or city
[where he resides or] where the case is pending.[, in the interest of national security and
public safety, consistent with Article III, Sec. 6 of the Constitution. ] THE COURT SHALL.
IMMEDIATELY FURNISH THE DEPARTMENT OF JUSTICE AND THE BUREAU
OF IMMIGRATION WITH THE COPY OF SAID ORDER. Travel outside of said
municipality or city, without the authorization of the court, shall be deemed a violation of the
terms and conditions of his bail.[, which shall then be forfeited as provided under the Rules of
Court]

[He/she may also be placed under house arrest by order of the court at his or her usual place
of residence ]

[While under house arrest, he or she may not use telephones, cellphones, e-mails, computers,
the internet or other means of communications with people outside the residence until
‘otherwise ordered by the court.|

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of
the dismissal of the case filed against him.[or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.|”

SECTION 23. A new Section 21 is hereby added to read as follows:

“SECTION 21.BANK INQUIRY AND EXAMINATION. — BANK INQUIRY
AND EXAMINATION INTO BANK ACCOUNTS AND INVESTMENTS SHALL BE
IN ACCORDANCE WITH REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS
THE “ANTI-MONEY LAUNDERING ACT OF 2001, AS AMENDED” IN RELATION
TO REPUBLIC ACT 10168, OTHERWISE KNOWN AS “TERRORISM
FINANCING PREVENTION AND SUPPRESSION ACT OF 2012”

SECTION 24, Sections 27, 28, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
43, 44, and 45 of the same Act are hereby REPEALED.

SECTION 25. A new Section 22 is hereby added to read as follows:

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“SECTION 22.FREEZING AND FORFEITURE. — EXCEPT THOSE
COVERED BY SECTION 17-A, THE FREEZE AND FORFEITURE OF
PROPERTIES OR FUNDS AS HEREIN DEFINED THAT ARE IN ANY WAY
RELATED TO TERRORISM SHALL BE IN ACCORDANCE WITH REPUBLIC
ACT NO, 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING
ACT OF 2001, AS AMENDED” AND THE RULES OF PROCEDURE IN CASES OF
CIVIL FORFEITURE, ASSET PRESERVATION AND FREEZE.”

SECTION 26. Section 46 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [46] 23.Penalty for Unauthorized Revelation of Classified Materials. - The
penalty of [ten (10) years and one day to twelve (12) years] SIX (6) MONTHS AND ONE
(1) DAY TO SIX (6) YEARS of imprisonment shall be imposed upon any person, [police
or] law enforcement OR MILITARY PERSONNELfagent}, judicial officer or civil servant
who, not being authorized by the Court of Appeals AND/OR REGIONAL TRIAL COURT
to do so, reveals in any manner or form any classified information under this Act.

SECTION 27. Sections 47 of the same Act is hereby re-numbered to read as follows:

“Section [47]24.Penalty for Furnishing False Evidence, Forged Document, or
Spurious Evidence. - The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment shall be imposed upon any person who knowingly furnishes falsc testimony,
forged document or spurious evidence in any investigation or hearing under this Act.”

SECTION 28. Sections 48, 49, 50, and 51 of the same Act are hereby REPEALED.
SECTION 29. A new Section 25 is hereby added to read as follows:

“SECTION 25.SPECIAL FACILITY. - ANY PERSON ARRESTED,
CHARGED, TRIED, OR CONVICTED UNDER THIS ACT SHALL BE HELD,
DETAINED OR IMPRISONED IN A SPECIAL FACILITY ESTABLISHED BY THE
STATE.”

SECTION 30. A new Section 26 is hereby added to read as follows:

“SECTION 26.COUNTERING VIOLENT EXTREMISM IN SCHOOLS. — THE
DEPARTMENT OF EDUCATION (DEPED), COMMISSION ON HIGHER
EDUCATION (CHED), AND TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY (TESDA) SHALL PROMULGATE RULES AND

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REGULATIONS ON THE OPERATION OF SCHOOLS OR LEARNING CENTERS
THAT WILL ENSURE THE LATTER ARE NOT BEING USED TO PROPAGATE
VIOLENT EXTREMISM IDEOLOGY. ANY SCHOOL FOUND VIOLATING THE
SAME SHALL BE SUBJECT TO ADMINISTRATIVE PENALTY.”

SECTION 31.A new Section 27 is hereby added to read as follows:

“SECTION 27.COUNTERING VIOLENT EXTREMISM IN SOCIAL MEDIA.
- ALL DEPARTMENTS OF THE COUNCIL MEMBERS SHALL ESTABLISH A
SOCIAL MEDIA SECTION TO COUNTER VIOLENT EXTREMISM IN SOCIAL
MEDIA.”

SECTION 32. Section 52 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [52] 28.Applicability of the Revised Penal Code.- The provisions [of Book I]
of the Revised Penal Code shall [be applicable] APPLY SUPPLETORILY to this Act.”

SECTION 33. Section 53 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [53] 29.Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter
referred to, for brevity, as the "Council," is hereby created. The members of the Council are:
(1) the Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who
shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of
National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary
of Finance; [and] (7) the National Security Advisor; (8) THE SECRETARY OF
INFORMATION AND COMMUNICATIONS TECHNOLOGY; (9) THE
SECRETARY OF SCIENCE AND TECHNOLOGY; (10) THE SECRETARY OF
TRANSPORTATION; (11) SECRETARY OF LABOR AND EMPLOYMENT; AND
(12) SECRETARY OF EDUCATION as its other members.

The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to such

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security classifications as the Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The
Council shall define the powers, duties, and functions of the National Intelligence

Coordinating Agency as Secretariat of the Council

THERE IS HEREBY CREATED AN ANTI-TERRORISM COUNCIL ~ PROGRAM
MANAGEMENT CENTER (ATC-PMC) WHICH SHALL: (A) DIRECTLY
ADMINISTER, CONTROL AND SUPERVISE THE PERFORMANCE OF THE
OPERATIONAL FUNCTIONS AND DUTIES OF THE COUNCIL; (B) DIRECTLY
ASSIST THE COUNCIL IN THE IMPLEMENTATION OF THE COUNCIL AS
HEREIN STATED; (C) ACT AS THE COORDINATOR OF THE COUNCIL IN THE
PROPER EXECUTION OF ALL DIRECTIVES OF THE COUNCIL; AND (D)
PERFORM SUCH OTHER FUNCTIONS AND DUTIES AS DIRECTED BY THE
COUNCIL.[The National Bureau of Investigation, the Bureau of Immigration, the Office of
Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-
Money Laundering Council, the Philippine Center on Transnational Crime, and the
Philippine National Police intelligence and investigative elements shall serve as support
agencies for the Council.

ALL THE DEPARTMENTS THAT EACH COUNCIL MEMBER HEADS TO
INCLUDE AGENCIES UNDER THEM, OTHER DEPARTMENT, AGENCIES
SHALL SERVE AS SUPPORT AGENCIES FOR THE COUNCIL, AS FOLLOWS:

DEPARTMENT OF JUSTICE

DEPARTMENT OF FOREIGN AFFAIRS

DEPARTMENT OF NATIONAL DEFENSE

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DEPARTMENT OF FINANCE

DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY

DEPARTMENT OF SCIENCE AND TECHNOLOGY

DEPARTMENT OF EDUCATION

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

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DEPARTMENT OF TRADE AND INDUSTRY

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
ANTI-MONEY LAUNDERING COUNCIL

PHILIPPINE CENTER ON TRANSNATIONAL CRIME

SUCH OTHER OFFICES, AGENCIES, OR UNITS AS NECESSARY.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-
terrorism plans, programs, [and counter-JOR measures to COUNTER, suppress [and]OR
eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing
herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or

quasi-judicial power or authority.

SECTION 34. Section 54 of the same Act is hereby re-numbered and amended to read

as follows:

“Section [54] 30.Functions of the Council. - In pursuit of its mandate in the previous
Section, the Council shall have the following functions [with due regard for the rights of the
people as mandated by the Constitution and pertinent laws]

1, Formulate and adopt plans, programs and counter-measures against terrorists and
acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobilize the entire nation against terrorism prescribed in this Act;

3. [Direct the speedyJMONITOR THE PROGRESS OF THE investigation and
prosecution of all persons accused AND/or detained for the crimeS [of terrorism or
conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the
progress of thcir cascs] DEFINED AND PENALIZED UNDER SECTION 4, 5, 5(A),
5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF;

4. Establish and maintain comprehensive data-base information systems on terrorism,

terrorist activities, and counter-terrorism operations;

5, ENLIST THE ASSISTANCE OF ANTI-MONEY LAUNDERING COUNCIL
TO freeze AND FORFEIT the funds, bank deposits, placements, trust accounts, assets and
PROPERTY OF WHATEVER KIND AND NATURE belonging (1) to a person suspected
of or charged with ANY crime DEFINED AND PENALIZED UNDER SECTION 4, 5,

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5(A), 5(B), 5(C), 5(D), 5(E), HEREOF, (Il) TO DESIGNATED PERSONS DEFINED
UNDER SECTION 3(E) OF REPUBLIC ACT NO. 10168, OTHERWISE KNOWN AS
THE “TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF
2012”; (II) TO AN INDIVIDUAL MEMBER OF SUCH DESIGNATED PERSONS,
OR (IV) ANY PERSON PROSCRIBED UNDER SECTION 17, 17-A AND 17-B,
pursuant to republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of
2001, as amended;

6. Grant monetary rewards and other incentives to informers who give vital information
leading to the [apprehension,] arrest, detention, prosecution, and conviction of person or
persons who are liable for the crimeS [of terrorism or conspiracy to commit terrorism]
DEFINED AND PENALIZED UNDER SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E),
AND 5(F) HEREOF, PROVIDED THAT NO MONETARY REWARD SHALL BE
GRANTED TO INFORMERS UNLESS THE ACCUSED’S DEMURRER TO
EVIDENCE HAS BEEN DENIED OR PROSECUTION HAS RESTED ITS CASE
WITHOUT SUCH DEMURRES HAVING BEEN FILED;

7. Establish and maintain coordination with and the cooperation and assistance of other

nations in the struggle against international terrorism; [and]

7-A. TAKE ACTION ON RELEVANT RESOLUTIONS ISSUED BY THE
UNITED NATIONS SECURITY COUNCIL ACTING UNDER CHAPTER VII OF
THE UN CHARTER; AND CONSISTENT WITH THE NATIONAL INTEREST,
TAKE ACTION ON FOREIGN REQUESTS TO DESIGNATE TERRORIST,
INDIVIDUALS, ASSOCIATIONS, ORGANIZATIONS OR GROUP OF PERSONS;

7-B. TAKE MEASURES TO PREVENT TERRORISTS FROM ACQUIRING
WEAPONS OF MASS DESTRUCTION SUCH AS, BUT NOT LIMITED TO THE
IMPOSITION OF ECONOMIC AND FINANCIAL SANCTIONS AND IMPORT
RESTRICTIONS.

[8. Request the Supreme Court to designate specific divisions of the Court of Appeals
and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may
be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and
all matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors

from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b)

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from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases
filed in Cagayan de Oro City.]

8. CALL UPON OTHER GOVERNMENT AGENCIES, NON-GOVERNMENT
ORGANIZATIONS AND PRIVATE ENTITIES FOR ASSISTANCE IN THE
PERFORMANCE OF ITS MANDATE.”

SECTION 35. Sections 55 and 56 of the same Act are hereby REPEALED.

SECTION 36. Section 57 of the same Act is hereby re-numbered and amended to read

as follows:

“Section [57] 31.Ban on Extraordinary Rendition. - No person suspected,
CHARGED or convicted of the crime of terrorism shall be subjected to extraordinary
rendition to any country unless his or her testimony is needed for terrorist related police
investigations or judicial trials in the said country and unless his or her [human] rights [,
including the right against torture, and right to counscl,]| UNDER ARTICLE Tl OF THE
CONSTITUTION are officially assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.

SECTION 37. Section 58 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [58] 32.Extra-Territorial Application of this Act. - Subject to the provision of
an existing treaty of which the Philippines is a [signatoryJSTATE PARTY and to any
contrary provision of any law of preferential application, the provisions of this Act shall
apply: (1) to individual persons who commit any of the crimes defined and punished in this}
SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) OF THIS Act within the terrestrial
domain, interior waters, maritime zone, and airspace of the Philippines; OR (2) to individual
persons who, although physically outside the territorial limits of the Philippines, commit,
conspire or plot to commit any of the crimes defined and punished in [this]SECTION 4, 5,
5(A), 5(B), 5(C), 5(D), AND 5(E) OF THIS Act (1) 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}(I1) on board Philippine ship or Philippine
airship; ((4) to individual persons who commit any of said crimes|(IM)within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine government in

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an official capacity; [(5) to individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes](IV) 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|(V)directly against the Philippine government,AND (3)
TO INDIVIDUAL PERSONS WHO, ALTHOUGH PHYSICALLY OUTSIDE THE
TERRITORIAL LIMITS OF THE PHILIPPINES, COMMIT ANY OF THE CRIME
DEFINED AND PUNISHED IN SECTION S(E) HEREOF AND SHALL
THEREAFTER RETURN OR ENTER PHILIPPINE TERRITORY.

IN CASE OF AN ALIEN WHOSE EXTRADITION IS WITHIN THE SCOPE
OF ANY OF THE TREATIES OF WHICH THE REPUBLIC OF THE PHILIPPINES
IS A STATE PARTY, AND THAT ALIEN IS NOT EXTRADITED TO THE
REQUESTING STATE, THE REPUBLIC OF THE PHILIPPINES, WITHOUT
EXCEPTION WHATSOEVER AND WHETHER OR NOT THE OFFENSE WAS
COMMITTED IN THE PHILIPPINES, SHALL SUBMIT THE CASE WITHOUT
UNDUE DELAY TO THE DEPARTMENT OF JUSTICE FOR THE PURPOSE OF
PROSECUTION IN THE SAME MANNER AS IF THE ACT CONSTITUTING THE
OFFENSE HAD BEEN COMMITTED IN THE PHILIPPINES, IN WHICH CASE,
THE COURTS IN THE CITY OF MANILA, PHILIPPINES SHALL HAVE
JURISDICTION OVER THE OFFENSE.

SECTION 38. Section 59 of the same Act is hereby re-numbered and new subsection
designated as 33-A is hereby added to read as follows:

“Section[59] 33.Joint Oversight Committee, - There is hereby created a Joint
Oversight Committee to oversee the implementation of this Act.

The Oversight Committee shall be composed of five members each from the Senate
and the House in addition to the Chairs of the Committees of Public Order of both Houses
who shall aiso Chair the Oversight Committee in the order specified herein. The membership
of the Committee for every House shall at least have two opposition or minority members.
The Joint Oversight Committee shall have its own independent counsel.

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‘The Chair of the Committee shall rotate every six months with the Senate chairing it
for the first six months and the House for the next six months. In every case, the ranking
opposition or minority member of the Committee shall be the Vice Chair.

Upon the expiration of one year after this Act is approved by the President, the
Committee shall review the Act particularly the provision that authorize the surveillance of
suspects of or persons charged with the crime of terrorism. To that end, the Committee shall
summon the police and law enforcement officers and the members of the Anti-Terrorism
Council and require them to answer questions from the members of Congress and to submit a
written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have been
dealt with in their custody and from the date when the movements of the latter were subjected
to surveillance and his or her correspondences, messages, conversations and the like were
listened to or subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall render a semi-
annual report to both Houses of Congress. The report may include where necessary a
recommendation to reassess the effects of globalization on terrorist activities on the people,
provide a sunsct clausc to or amend any portion of the Act or to repeal the Act in its entirety.

The Courts dealing with anti-terrorism cases shall submit to Congress and the
President a report every six months of the status of anti-terrorism cases that have been filed
with them starting from the date this Act is implemented.

SECTION 33-A.MPLEMENTING RULES AND REGULATIONS. - WITHIN
SIX (6) MONTHS FROM THE EFFECTIVITY OF THIS ACT, THE ANTI-
TERRORISM COUNCIL SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT EFFECTIVELY THE PROVISIONS OF THIS ACT.”

SECTION 39. Section 60 of the same Act is hereby re-numbered to read as follows:

“Section [60] 34.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.

SECTION 40. Section 61 of the same Act is hereby re-numbered to read as follows:

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“Section[61] 35.Repealing Clause. — All laws, decrees, executive orders, rules or regulations
or parts thereof, inconsistent with the provisions of this Act, are hereby EXPRESSLY
repealed, amended, or modified accordingly.

SECTION 41. Section 62 of the same Act is hereby re-numbered and amended to read
as follows:

“Section [62] 36.[Special]:ffectivity Clause. THIS ACT SHALL TAKE EFFECT
FIFTEEN (15) DAYS AFTER ITS COMPLETE PUBLICATION IN THE OFFICIAL
GAZETTE OR IN AT LEAST TWO (2) NEWSPAPERS OF GENERAL
CIRCULATION.

[After the bill shall have been signed into law by the President, the Act shall be
published in three newspapers of national circulation; three newspapers of local circulation,
one each in locos Norte, Baguio City and Pampanga; three newspapers of local circulation,
one each in Cebu, lloilo and Tacloban; and three newspapers of local circulation, one each in
Cagayan de Oro, Davao and General Santos City.]

[The title of the Act and its provisions defining the acts of terrorism that are punished shall be
aired everyday at primetime for seven days, morning, noon and night over three national
television and radio networks; three radio and television networks, one each in Cebu,
Tacloban and lloilo; and in five radio and television networks, one each in Lanao del Sur,
Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
newspapers of local circulation and the announcements over local radio and television
networks shall be done in the dominant language of the community, ]

[After the publication required above shall have been done, the Act shall take effect two
months after the elections are held in May 2007.]

[Thereafter, the provisions of this Act shall be automatically suspended one month before and
two months after the holding of any election.]

Approved,

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