Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

Second Regular Session

7
COMMITTEE REPORT NO. Leite
03 AUG 2011
Submitted by the Committee on Justice on
Re: House Bill No. 5015

Recommending its approval in substitution of House Bill Nos. 753 and 2158

Sponsors: Representatives Niel C. Tupas, Jr., Rodolfo W. Antonino and Karlo
Alexi B. Nograles

Mr. Speaker:

‘The Committee on Justice to which were referred House Bill No. 753,
introduced by Representative Rodolfo W. Antonino, entitled

“AN ACT
DEFINING TERRORIST FINANCING AS A CRIME AND
PROVIDING PENALTIES THEREFOR”

and House Bill No. 2158, introduced by Representative Karlo Alexei B. Nograles
entitled:

“AN ACT
CRIMINALIZING THE FINANCING OF TERRORISM AND FOR
OTHER PURPOSES”

have seppges the same and recommend that the attached House Bill No.
, entitled

“AN ACT
DEFINING THE CRIME OF FINANCING OF TERRORISM,
PROVIDING PENALTIES THEREFOR AND FOR OTHER
PURPOSES"


be approved in substitution of House Bill Nos. 753 and 2158 with
Representatives Rodolfo W. Antonino, Karlo Alexei B. Nograles, Niel C. Tupas,
Jr., Rodolfo C. Farifias, Orlando B. Fua, Jeffrey P. Ferrer and George P. Arnaiz
as authors thereof.

Respectfully submitted,
JEL C. TUPAS, JI

Chairman
Committee on Justice

The Honorable Speaker
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Metro Manila
Quezon City

SECOND REGULAR SESSION

House BillNo.__5015

introduced by Representatives Rodolfo W. Antonino, Karlo Alexei B.
Nograles, Niel C. Tupas, Jr., Rodolfo C. Farias, Orlando B. Fua, Jeffrey P.
Ferrer, and George P. Arnaiz

AN ACT
DEFINING THE CRIME OF FINANCING OF TERRORISM, PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Short Title - This Act shall be known as the “The

Terrorism Financing Prevention and Suppression Act of 2011"

SEC. 2. Declaration of Policy - It is the policy of the State to protect
life, liberty, and property from acts of terrorism and to condemn terrorism
and those who support and finance it and to recognize it as inimical and
dangerous to national security and the welfare of the people, and to make the
financing of terrorism a crime against the Filipino people, against humanity,
and against the law of nations.

‘The State, likewise, recognizes and adheres to international
commitments to combat the financing of terrorism, specifically to the
International Convention for the Suppression of the Financing of Terrorism,

as well as other binding terrorismv-related resolutions of the United Nations


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Security Counci) pursuant to Chapter 7 of the Charter of the United Nations
(UN).

Toward this end, the State shall reinforce its fight against terrorism by
cciminalizing the financing of terrorism and related offenses, and by
preventing and suppressing the commission of said offenses through

freezing and forfeiture of properties or funds while protecting human rights.

SEC. 3. Definition of Terms. - As used in this Act

2) Anti-Money Leundering Council (AMLC) - refers to the Council
created by virtue of Republic Act No. 9160, as amended, otherwise known as
the “Anti-Money Laundering Act of 2001, as amended”;

2) Anti-Terrorism Council (ATC) - refers to the Council created by
virtue of Republic Act No. 9372, otherwise known as the Human Security Act
of 2007;

) Covered institutions refer to or shall have the same meaning as
defined under the Anti-Money Laundering Act (AMLA), as amended;

a) Dealing, with regard to property or funds, refers to receipt,
acquisition, transacting, representing, concealing, disposing or converting,
transferring or moving, use as security of or providing financial services;

2) Designated persons refers to

1) any person or entity included in the Consolidated List
maintained by the 1267 Committee established by United Nations

Security Council Resolution No. 1267;


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2) any organization, association, ot group of persons proscribed
pursuant to Section 17 of the Human Security Act of 2007; or
3) any person, organization, association, or group of persons
whose funds or property, based on probable cause are subject to
seizure and sequestration under Section 39 of the Human Security Act
of 2007.
fp Forfeiture refers to a court order transfering in favor of the
government, after due process, ownership of property or funds representing
involving, or relating to financing of terrorism as defined in Section 4 or an

offense under Sections 5, 6, 7, 8, or 9 of this Act.

g) Freeze refers to the blocking or restraining of specific property or
funds from being transacted, converted, concealed, moved or disposed

without affecting the ownership thereof.

h) Property or funds refer to financial assets, property of every kind,
whether tangible or intangible, movable or immovable, 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, travellers 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.

i) Terrorist refers to any natural person who: (1) commits, or
attempts, or conspires to commit terrorist acts by any means, directly or
indirectly, unlawfully and willfully; (2) participates, as a principal or as an

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accomplice, in terrorist acts; (3) organizes or directs others to commit terrorist
acts; or (4) contributes to the commission of terrorist acts by @ group of
persons acting with a common purpose where the contrition is made
intentionally and with the aim of furthering the terrorist act or with the

Knowledge of the intention of the group to commit a terrorist act
j) Terrorist acts refer to the following:

1. Any act in violation of Section 3 or 4 of the Human Security,

Act of 2007;

2. Any other act intended to cause death or serious bodily

injury to a civilian, or to any other person not taking an active part in
the hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to compel
a government or an international organization to do or to abstain from
doing any act.

3. Any act which constitutes an offense under this Act, or under
the law of a foreign State, that is within the scope of any of the
following treaties of which the Republic of the Philippines is a State
party:

a) Convention for the Suppression of Unlawful Seizure of
Aircraft, done at The Hague on 16 December 1970;

b) Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 23 September
1971;

¢) Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including Diplomatic


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2)

Agents, adopted by the General Assembly of the United Nations
on 14 December 1973;

4) International Convention against the Taking of Hostages,
adopted by the General Assembly of the United Nations on 17
December 1979;

@) Convention on the Physical Protection of Nuclear Material,
adopted at Vienna on 3 March 1980;

8) Protocol for the Suppression of Unlawful Acts of Violence
at Airports Serving International Civi) Aviation, supplementary to
the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, done at Montreal on 24 February 1988;

g) Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, done at Rome on 10 March
1983;

h) Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms located on the Continental Shelf, done at
Rome on 10 March 1988; or

i) International Convention for the Suppression of Terrorist
Bombings, adopted by the General Assembly of the United
Nations on 15 December 1997.

Terrorist organization, association or @ group of persons refers to any

entity owned or controfled by any terrorist or group of terrorists that: (1)

commits, or attempts to commit, terrorist acts by any means, directly or

indirectly, unlawfully and willfully; (2) participates as an accomplice in

terrorist acts; (3) organizes or directs others to commit terrorist acts; or (4)

contributes to the commission of terrorist acts by a group of persons acting

with common purpose of furthering the terrorist act where the contribution is

made intentionally and with the aim of furthering the terrorist act or with the

knowledge of the intention of the group to commut a terrorist act.


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SEC. 4. Financing of Terrorism. - Any person who, directly or
indirectly, willfully and without lawful excuse, possesses, provides, collects or
tases property or funds or makes available property, funds or financial service
or other related services, by any means, with the unlawful and willful
intention that they should be used or with the knowledge that they are to be
used, in full or in part: (a) 10 carry out or facilitate the commission of any
terrorist act; (6) by a terrorist organization, association or group; oF (c) by an
individual terrorist, shall be guilty of the crime of financing of terrorism and
shall suffer the penalty of reclusion temporal in its maximum period to rechusion
perpetua and a fine of not less than Five Hundred Thousand Pesos
500,000.00) nor more than One Million Pesos (# 1,000,000.00).

Any person who organizes or directs others to commit financing of
terrorism under the immediately preceding paragraph shall likewise be
guilty of an offense and shall suffer the same penalty as herein prescribed.

For purposes of this Act, knowledge or intent may be established by
direct evidence or inferred from the attendant circumstances.

For an act to constitute a crime under this Act it shall not be necessary
that the funds were actually used to carry out a crime referred to in Section 3
@-

‘The fact that property or funds were provided or collected with respect
to subsection (c) above shall be prima facie evidence that the person providing
or collecting the property or funds has knowledge or reason to believe that
the property or funds would be used to carry out or facilitate the commission

of any terrorist act or acts by a terrorist organization, association or group.


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SEC. 5. Attempt or Conspiracy to Commit the Crimes of Financing
of Terorism and Dealing with Property or Funds of Designated Persons - ~
Any attempt to commit any crime under Section 4 or Section 8 under this
‘Act shall be penalized by a penalty two degrees lower than that prescribed
for the commission of the same as provided under this Act

‘Any conspiracy to commit any crime under Section 4 or 8 of this Act
shall be penalized by the same penalty prescribed for the commission of
such crime under the said sections.

‘There is conspiracy to commit the offenses punishable under Sections
4 and 8 of this Act when two or more persons come to an agreement

concerning the commission of such offenses and decided to comunit it.

SEC. 6. Accomplice. - Any person who, not being a principal under
Article 17 of the Revised Penal Code or a conspirator as defined in Section 5
hereof, cooperates in the execution of either the crime of financing of
terrorism or conspiracy to commit the crime of financing of terrorism by
previous or simultaneous acts shall suffer the penalty one degree lower than

that prescribed for the conspirator.

SEC. 7. Accessory. - Any person who, having knowledge of the
commission of the crime of financing of terrorism but without having
participated therein as 4 principal, takes part subsequent to its commission,
by profiting from it or by assisting the principal or principals to profit by the
effects of the crime, or by concealing or destroying the effects of the crime in
order to prevent its discovery, or by harboring, concealing or assisting in the

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escape of a principal of the rime shall be guilty as an accessory t0 the crime
of financing of terxorism and shall be imposed 2 penalty two degrees lower

than that prescribed for principals in the crime of financing terrorism.

SEC. 8 Prohibition Against Dealing with Property or Funds of
Designated Persons. - Any person who, not being an accomplice under
Section 6 or accessory under Section 7 in relation to any property or fund,
deals directly or indirectly, in any way and by any means, with any
property or fund that he knows or has reasonable ground to believe is
owned or controlled by a designated person, organization, association or
group of persons, including funds derived or generated from property oF
funds owned or controlled, directly or indirectly, by a designated person,
organization, association or group of persons shall suffer the penalty of
seclusion temporal in its maximum period to reclusion perpetua and a fine of
not less than Five Hundred Thousand Pesos (F 500,000.00) nor more than
‘One Million Pesos (F 1,000,000.00).

Provided, That any person who takes all reasonable steps to ascertain
that the property being dealt with was not owned or controlled by or on
behalf of any terrorist or terrorist entity or organization shall not be liable
under this Section.

SEC. 9. Offense by a Juridical Person, Corporate Body or Alien. - If the
offender is a corporation, association, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case maybe,
who participated in, or allowed by their gross negligence, the commission of

the crime or who shall have knowingly permitted or failed to prevent its

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commission. If the offender is a juridical person, the court may suspend or
revoke its license, Ifthe offender is an alien, the alien shall, in addition to the
penalties herein prescribed, be deported without further proceedings after

serving the penalties herein prescribed.

SEC. 10. Authority to Investigate Financing of Terrorism. The AMLC,
either upon its own imitiative or at the request of the ATC, is hereby
authorized to investigate: (a) any property or funds that are in any way
related to financing of terrorism or acts of terrorism; (b) property or funds of
any person of persons in relation to whom there is probable cause to believe
that such person or persons are committing or aitempting or conspiring to
commit, or participating in or facilitating the financing of terrorism or acts of
terrorism as defined herein.

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

For purposes of this Section and notwithstanding the provisions of
Republic Act No. 1405, otherwise known as the “Law on Secrecy of Bank
Deposits”, as amended, Republic Act No. 6426, otherwise known the “Foreign
Currency Deposit Act of the Philippines”, as amended; Republic Act No.
8791, otherwise known as “The General Banking Law of 2000” and other laws,

the AMLC is hereby authorized to inquire into or examine deposits and


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investments with any banking institution or non-bank financial institution

and their subsidiaries and affiliates without a court order.

SEC. 11. Authority to Freeze. - The AMLC, either upon its own
initiative or at the request of the ATC, is hereby authorized to issue an ex
parte order to freeze without delay: (a} property or funds that are in any way
related to financing of tezrorism or acts of terrorism; or (b) property or funds
of any person, group of persons, terrorist organization, or association, in
relation to whom there is probable cause to believe that they are committing
or attempting or conspiring to commit, or participating in or facilitating the
commission of financing of terrorism or acts af terrorism as defined herein.

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

Notwithstanding the preceding paragraphs, the AMLC, consistent
with the Philippines’ international obligations, shall be authorized to issue a
freeze order with respect to property or funds of a designated organization,
association, group or any individual to comply with binding terrorism-related
Resolutions of the UN Security Council pursuant to Article 41 of the Charter
of the UN. Said freeze order shall be effective until the basis for the issuance
thereof shall have been lifted. During the effectivity of the freeze order, an

aggrieved party may, within twenty (20) days from issuance, file with the

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Coust of Appeals a petition to determine the basis of the freeze order
according to the principle of effective judicial protection.

The person whose property or funds have been frozen under the first
paragraph of this Section may withdraw such sums as the court determines to
%e reasonably needed for monthly family needs and sustenance including the
services of counsel and the family medical needs of such person.

The person whose property or funds have been frozen under third
paragraph of this Section may withdraw such sums as the AMLC determines
to be reasonably needed for monthly family needs including the services of
counsel and the family medical needs of such person.

However, if the property or funds subject of the freeze order are found
f be in any way related to financing of terrorism or acts of terrorism
committed within the jurisdiction of the Philippines, said property or funds

shalll be the subject of civil forfeiture proceedings as hereinafter provided,

SEC. 12. Appropriation and Use of Funds of Public Attomeys Office
(PAO). - Any appropriation and use of funds of PAO to provide free legal
assistance or services to persons charged of the offenses defined and
penalized herein shali nol be construed as a violation of this Act, thereby

exempting the PAO from any liability.

SEC. 13, Publication of Designation. - The Department of Foreign
Affairs with respect to designation under Section 3 (e} (1 of this Act, and the
ATC with respect to designation under Section 3 (e) (2) and (3) and Section 11

of this Act, shall establish, publish, review and amend a list of the designated

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persons to which this Act or the Human Security Act applies. The concerned
agencies shall ensure that an electronic version of the document is made
available to the public on their respective website.

Each respective agency or authority shall ensure that information on
procedures established in rules and regulations issued pursuant to this Act for
delisting, unfreezing and exemptions for basic and extraordinary expenses

shall likewise be made available in their respective website.

SEC. 14 Duty of the Covered Institutions and/or Relevant
Government Agencies upon receipt of the Freeze Order - Upon receipt of the
notice of a freeze order, the covered institutions and/or relevant government
agencies shall immediately preserve the subject property or funds in
accordance with the order of the AMLC and shall forthwith serve a copy of
the notice of the freeze order upon the owner or holder of the property or
funds. Any responsible officer or other person who fails to comply with a
freeze order shall suffer the penalty of imprisonment from six months to four
years and a fine of not less than One Hundred Thousand Pesos
{Php200,000.00) nor more than Five Hundred Thousand Pesos
(Php500,000.00), at the discretion of the court, without prejudice to the
administrative sanctions that the AMLC may impose on the erring covered

institution.

SEC. 15. Predicate offense to money laundering. - Financing of
terrorism under Section 4 and offenses punishable under Sections 5, 6, and 7

of this Act shall be predicate offenses to money faundcring as defined in

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Republic Act No, 9160, otherwise knowns as the Anti-Money Laundering Act
of 2001, as amended, and subject to its suspicious transaction reporting

requirement.

SEC. 16, Civil forfeiture. The procedure for the civil forfeiture of
property or funds found to be in any way related to financing of terrorism
under Section 4 and other offenses punishable under Sections 5, 6, and 7 of
this Act shall be made in accordance with the AMLA, as amended, its Revised
Implementing Rules and Regulations and the Rules of Procedure

promulgated by the Supreme Court.

SEC. 17. Extra-Territorial Application of this Act. - Subject to the
provision of an cxisting treaty, including the International Convention for the
Suppression of the Financing of Terrorism of which the Philippines is a State
Party, and to any contrary provision of any law of preferential application, the
criminal provisions of this Act shall apply: (a) 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; (b) to individual persons who, although physically outside the
territorial timits 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; (c) 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; (d) to individual persons who commit

any of said crimes within any embassy, consulate, or diplomatic premises

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belonging to or occupied by the Fhilippine government in an official capacity;
(e) to individual persons who, although physically outside the territorial

limits of the Philippines, commit said crimes against Philippine citizens or

persons of Philippine 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.

The provisions of this Act shall likewise apply to a Filipino national
who, although outside the ferritorial jurisdiction of the Philippines, commit,
conspire or plot to commit any of the crimes defined and punished in this Act.

In case of an alien whose extradition is requested pursuant to the
Intemational Convention for the Suppression of the Financing of Terrorism,
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 constituling the offense had been committed in the
Philippines, in which case, the courts of the Philippines shall have jurisdiction

over the offense.

SEC. 18, Extradition, - The Philippines may, at its option, subject to the
principle of aut dedere aut judicare, consider the International Convention for
the Suppression of the Financing of Terrorism as a legal basis for requesting

or granting extradition in respect of the offenses set forth under this Act.

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SEC. 19. Applicability of the Revised Penal Code. - The provisions of

Book 1 of the Revised Penal Code shail apply suppletorily to this Act.

SEC. 20. Implementing Rules and Regulations. - Within thirty (30)
days from the effectivity of this Act, the AMLC, in coordination with relevant
government agencies, shall promulgate rules and regulations to implement
effectively the provisions of this Act.

The rules and regulations to be promulgated may include, but not
limited to, designation, delisting, notification af matters of interest of persons
affected by the Act, exceptions for basic and extraordinary expenses, matters
of evidence, definition of probable cause, inter-agency coordination,
publication of relevant information, administrative offenses and penalties,

procedures and forms, and other mechanisms for implementation of the Act.

SEC. 21. Separability Clause. - If, for any reason, any provision of this
Act is declared invalid or unconstitutional, the remaining provisions not

affected thereby shall continue to be in force and effect

SEC. 22. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or parts thereof,
which are inconsistent with the provisions of this Act are hercby repealed or

modified accordingly.

SEC. 23, Effectivity 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.

Approved,

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

First Regular rik]

Introduced by Representative Rodolfo W. Antonine

EXPLANATORY NOTE

A successful terrorist group, like any other criminal organization, must be one that is
able to tuild and maintain an effective financial infrastructure. It must locste, develep and keep
Sources of funding, means of laundering those finds, and finding ways to ensire that those
fonts can be used to obtain material and other logistics needed to commit terrorist acts.

Experts on global terrorism generally agree that terrorist financing comes from either of
the following sources: from stales or organizations with highly developed financial structure;
from individuals or groups with substantive financial means; or from income derived from crime
or other unlawful activities such as kidnapping for ransom, drug trafficking, smuggling, iMlegal
gambling, etc. The 11 March 2004 Madrid tain bombings is an example of a tecrorist act
Financed by illegal activities, specifically, narcotics trafficking. However, experts failed to
include the income derived from lawful or legitimate sources, or a combination of both lawful
and unlawful sources. No anti-terrorism financing law would be effective if the remedies of
freezing and confiscation would only cover illegitimate funds or those of illicit origins.

{In 2001, the Philippines signed and subsequently ratified the 1999 UN Convention on the
Suppression of the Financing of Terrorism or Terrorist Financing Convention, oblizating itself
eee eitlice the financing of terrorisin and impose measures designed to prevent terrorists
access to funds, however acquire, which may later on be forfeited. Following the adoption of
‘this Convention, the UN Security Council issued Resolution Nos. 1267 (1999) and 3373 (2001)
and successor Resolutions.

‘This bill intends to complement and reinforce existing laws on unti-money Jaundering
and anti terrorism, It defines terrorist financing as a crime separate and distinct fro:n the crime
of terrorism and provides penalties to deter terrorist financiers them from providing logistics
and suppor to terrorists. It is also intends, as a measure on the part of the Philippines, to
comply with the Terrorist Financing Convention, UNSC Resolution Nos. 1267, 1373 and its
corey resolutions, as well as the Financial Action ‘Task Force’s Special Recommendations
on lerrorist financing.

W: aout discouraging or prohibiting financial institutions from doing business with
legitimaze customers, this bill intends to deny terrorists and their supporters access io legitimate
international financial systems. It strengthens the country’s support to fight terrorism as it
Continues to threaten global peace and security, and reaffirms UNSC Resolution 4373 which
“recognizes the need for States to complement international cooperation by taking additional

measures to prevent and suppress the financing and preparation of any acts of irrorism”.

“The passage of this bill is earnestly sought.

(ODOLFO W. ANTONINO


Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

House BHLNo.__0753

Introduced by: Representative Rodolfo W. Antonino

AN ACT DEFINING TERRORIST FINANCING AS A CRIME AND PROVIDING
PENALTIES THEREFOR

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

SECTION 1. Short Title — This Act shall be known as the “Terrorist Financing
Suppression Act of 2010”.

SEC. 2. Declaration of Policy — \t is the policy of the State (0 protect life, Hberty,
and property from acts of terrorism, and to condemn terrorists and those who support and
finance terrorists as inimical und dangerous to the national security of the country and to
the welfare of the people, Toward this end, the State shail reinforce its fight against
terrorism by defining terrorist financing as a crime and providing penalties for the
commissions thereof.

SEC. 3. Definition of Terms. - As used in this Act:

a) Anti-Money Laundering Council (AMLC) refers to the agency created by
virtue of Republic Act No. 9160, as amended, otherwise known as the “Anti-Money
Launderi' g Act of 2001, as amended”;

b) Anti-Terrorism Council (ATC) refers to the agency created by virtue of
Republic Act No. 9372, otherwise known us the Humen Security Act of 2007;

©) Covered institution refers to oc shall have the same meaning as defined

under the Anti-Money Laundering Act (AMLA), as amended:


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a) Forfeiture refers to an act where & court order transfers, after due process,
in favor of the government ownership of property or funds representing, involving oF
relating to a terrorist act or terrorist financing;

©) Freeze refers to the act of blocking or restraining specific property or funds
from being transacted, converted, concealed, moved or disposed. The owner of said
frozen property or fands shall retain ownership thereof although the government
possesses, administers or manages the property or funds,

ny Property or funds refers to assets of every kind, whether real or personal,
tangible or intangible, movable or immovable, however acquired or regardless of its
source, including legal documents or instruments in any form, including electronic or
digital, evidencing tile to, or interest in, such assets, including but not limited to cash,
bank credits, travelers cheques, bank cheques, money: orders, shares, securities, bonds,

drafts, letters of credit and other monetary insuments;

3) Terrorist refers to any natural person who: G) commits, or attempts, OF

conspires to commit terrorist acts by any means, directly or indirectly, unlawfully and

willfully; (ii) participates, as a’ principal or as an accomplice, in terrorist acts;
organizes or directs others to commit terrorist acts; or (iv) contributes to the commission
of terroris: acts by a group of persons acting with common purpose where the contribution
is made ‘stentionally and with the aim of furthering the terrorist act or with the knowledge

of the intention of the group to commit a terrorist act;
b) Terrorist act refers to the following:

1: Any act or combination of acts punishable under any of the following provisions

of the Revised Penat Code (RPC) and other special laws;


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i) Article 122 (RPC) on piracy in general and mutiny in the high seas or in the
Philippine waters;

fi) Article 134 (RPC) on rebellion or insurrection;

iii) Article 134-a (RPC) on Coup de ‘état, jncluding acts committed by private
persons;

iv) Article 248 (RPC) on murder,

v) Article 267 (rpc) on kidnapping and serious illegal detention:

vi) Article 324 (RPC) on erimes involving destruction;

-vii) Presidential Decree No. 1613, the Law on Arson;

viliyRepublic ‘Act No. 6969, otherwise known as the “Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990";

ix) Republic Act No. 5207, otherwise known as the “Atomic Energy
Regulatory and Liability Act of 1968":

x) Republic Act No. 6235 entitled, “An Act Prohibiting Certain Acts Inimical
to Civil Aviation and for other purposes”;

xi) Presidential Decree No. 532, entitled, “Anti-Piracy and Ansi-Highway
Robbery Law of 1974",

xii)Presidential Decree No. 1866, as amended by RA 8294. and further
amended by RA 9516 (Sections 3 & 4), entitled “Codifying the Laws on
Hiegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or

Disposition of Firearms, Ammunition or Explosives or Instruments Used in

the Manufacture of Firearms. Ammunition or Explosives, and Imposing

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imposed the penalty of reclusion temporal in its maximum period to reclusion perpetua
and a fine of not less than Five Hundred Thousand Pesos (PhP 500,000.00) nor more than
One Million Pesos (PhP 1,000,000.00).

Provided, however, That with respect to c), it shall be an affirmative defense that
the person providing the property or funds had no knowledge or reason to believe that the
property or funds will be used for activities related to terrorist acts.

For purposes of this Act, knowledge may be established by direct evidence or
inferred from the attendant circumstances.

SEC. 5. Conspiracy to Commit Terrorist Financing. — Persons who conspire to
commit the crime of terrorist financing shall suffer the penalty of reclusion tempura! in its
maximum period to reclusion perpetua and a fine of not less than Five Hundred Thousand
Pesos (PhP 500,000.00) nor more than One Million Pesos (PhP1,000,000.00).

There is conspiracy when two or more persons come to an agreement conceming
the commission of the crime of terrorist financing as herein defined and decide to commit
the same,

SEC. 6. Accomplice. — Any person who, not being a principal under Article 17 of
the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the
execution of either the crime of terrorist or conspiracy to commit terrorism by previous or
simultaneous act, shall suffer the penalty one degree lower than that prescribed for the
conspirator.

SEC.7. Accessory. — Persons who, having knowledge of the commission of the
crime of terrorist financing but without having participated therein as a principal take part,
subsequent to its commission, by profiting themselves or assisting the principal or

principals to profit by the effects of the crime, or by concealing or destroying the effects of


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the crime in order to prevent its discovery, or by harboring, concealing or assisting in the
escape of the principal of the erime shall be guilty as an accessory to the crime of terorist
financing and shall be imposed a penalty two degrees lower than that prescribed for
principals in the crime of terrorist financing.

SEC. 8. Prohibition Against Use or Possession of Property or Funds for
Terrorist Purposes. — Every person who (a) vses property or funds, directly or indirectly,
in whole or in part, for the purpose of facilitating or carrying out any terrorist act; or (b)
possesses property or funds intending that it be used or knowing or having reasonable
grounds to believe that it will be used, directly or indirectly, in whole or in part, for the
purpose of facilitating or carrying out a terrorist act shall be guilty as a principal of the
crime of terrorist financing.

SEC. 9. Prohibition Against Dealing with Property of Terrorists. — Xt shall be
unlawful for any person to (a) deal directly or indirectly, with any property or funds that
he knows or has reasonable ground to believe is owned or controlled by or on behalf of
any terrorist, terrorist entity or organization, including funds derived or generated from
property or funds: owned or controlled, directly or indirectly, by any terrorist, cerrorist
entity or organization; (b) enter into or facilitale, directly or indirectly, any financial
transaction related to a dealing in property or funds owned or controlied by or on behalf of
any terrorist, terrorist entity or organization; or (c) provide any financial service or any
other related services with respect to any property or funds owned or conirolled by, or on
behalf or for the benefit of, or on the direction or order of, any terrorist, terrorist entity or
organization.

Violation of this Section shall be penalized as a principal of the crime of terrorist

financing; Provided, That any person who acts reasonably in taking measures to comply

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with this Section shall not be liable in any criminal proceeding if the person tock all
reasonable steps to satisfy himself that the relevant property was not owned or controlled
by or on behalf of any terrorist ot terrorist entity or organization.

SEC. 10, Offense by a Juridical Person or Corporate Body. ~ Where the crime of
terrorist financing bas been committed by a company, firm, society or other body of
juridical person, any person who, at the time of the commission of the offense, was
director, manager, secretary or other similar officer or a partner of the compary, firm,
society or other body of juridical person or was purporting to act in any such capacity,
shall be guilty of the crime of terrorist financing and shall be penalized accordingly unless
he proves that the acts constituting the offense was committed without his consent or
connivance and that he had exercised the due ditigeace required to prevent the commission
of the offense having regard to the nature of his functions.

In addition to any administrative fine or sanction that may be imposed, the court
may revoke or suspend the license of the juridical person found to have violated the

provisions of this Act.

SEC. 11. Jurisdiction of Terrorist Financing and Related Cases. ~ The Regional
Trial Court shall have original jurisdiction over all cases of terrorist financing.

Sec. 12, Authority to Investigate Terrorist Financing and Related Cases. — The
AMLC, either at its own initiative or at the request of the ATC, is hereby authorized to
investigate: i) any property or funds that are in any way related to terrorist financing or

terrorist act; ii) property or funds of any person or persons in relation to whom there is

probable cause to believe that they are committing or atternpting or conspiring to commit,

or participating in or facilitating the commission of a terrorist act or terforist financing as

defined herein.


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It may also enlist the assistance of any branch, department, bureau, office, agency
or instrumentality of the government, including government-owned and- controlled
corporations in undertaking countermeasures to terrorist financing, which may inelude the
use of its personnel, facilities and resources for the more resolute prevention, detection and
investigation of terrorist financing offenses and prosecution of offenders.

For purposes of this Section and notwithstanding the provisions of Republic Act
No. 1405, as amended, Republic Act No. 6426, as amended; Republic Act Nu, 8791, and
other laws, the AMLC is hereby authorized to inquire into or examine deposits and
investments with any banking institution or non-bank financial institution and their
subsidiaries and affiliates without a court order.

SEC. 13. Authority to Freeze. - The AMLC, either at its own initiative or at the

i) the

request of the ATC, is hereby authorized to issue an order to freeze without delay
property or funds that are in any way related to terrorist financing or a terrorist act; or ii)
the property or funds of any person or persons in relation to whom there is probable cause
to believe that they are commilting or atternpling or conspiring to commit, or participating
in or facilitating the commission of terrorist financing or a terrorist act as defined herein.

The freeze order shali be effective for a period not exceeding thirty (30) days.
Upon a petition filed by the AMLC before the expiration of the period, the effectivity of
the freeze order may be extended up to a period not exceeding six (6) months upon order
of the Court of Appeals, provided that the thirty-day (30-day) period shall be tolled upon
filing of a petition to extend the effectivity of the freeze order.

Notwithstanding the provisions of the preceding Section, the AMLC, consistent
with its international obligations, is authorized to issue a freeze order to comply with the

binding convention, directive or resolution of the United Nations, the United Nations


Security Council and other intemational organizations of which the Philippines is a
inember, Said freeze order shall be effective until the basis for the issuance thereof shall
have been fifted. During the effectivity of the freeze, an aggrieved party may, within
twenty (20) days from issuance, file with the Court of Appeals a petition to determine the
basis of the freeze order.

However, if the property or finds subject of the freeze order are found to be in any
way related to terrorist financing of terrorist act committed within the jurisdiction of the
Philippines, said property or funds shall be the subject of civil forfeiture proceedings as
hereinafter provided.

SEC. 14. Duty of the Covered Institutions and Government Agency upon receipt
Of the Freeze Order. — Upon receipt of notice of free7e order, the covered institution or
government agency shall immediately preserve the subject property or funds in accordance
with the Resolution of the AMLC and shall forthwith furnish a copy of the notice of the
freeze order upon the owner or holder of the subject property, or funds. Any person who
fails to comply with a freeze onder shall be penalized with imprisonment ranging frotn six
(6) months to four (4) years and a fine of not less than One Hundred Thousand Pesos (PhP
400,000.00) nor more that Five Hundred ‘Thousand Pesos (PhP 500,000.00) at the
discretion of the court, without prejudice to the administrative sanctions that the AMLC
may impose on the etting covered institution.

SEC. 15. Predicate Offense to Money Laundering.- Terrorism financing and other
violations under this Act shall be a predicate offense to money laundering as defined in the

Anti-Money Laundering Act of 2001 (AMLA), as amended.


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SEC. 16, Civil Forfeiture. — The procedure for the civil forfeiture of property or
fands found to be in any way selated to terrorist financing and other violations of this Act
shall be made in accordance with the AMLA, as amended, its Revised Implementing
Rules and Regulations and the Rules of Procedure promulgated by the Supreme Court.

SEC. 17. Extra-Territorial Application of this Act. - Subject to the provision of an
existing treaty, including the 1999 International Convention for the Suppression of the
Financing of Terrorism, of which the Philippines is a State Party, and to any contrary
provision of any law of preferential application, the provisions of this Act shall apply: 8)
to individual persons who commit any of the crimes defined and punished in this Act
within the terrestrial domain, interior waters, maritime zone, and airspsce of the
Philippines; b) to individual persons who, although physically outside the territorial limits
of the Philippines, commit, conspire or plot to commit any of the crimes defined and
punished in this Act inside the territorial limits of the Philippines; c) 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; d) to individual persens 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; €) to
individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or persons of Philippine descent, where
their citizenship or ethnicity was a factor in the commission of the crime; and f) to
individual persons who, although physically outside the territorial limits of the Philippines,

commit said crimes directly against the Philippine government.


‘The provisions of this Act shall likewise apply 10 a Filipino national who, although
outside the territorial jurisdiction of the Philippines, commit, conspire or plot to commit
any of the crimes defined and punished is this Act.

SEC. 18. Extradition. — The Philippines shall negotiate the inclusion of terrorist
financing as berein defined among extraditable offenses in all future treaties

SEC. 19. Applicability of the Revised Penal Code. ~ The provisions of Book I of

the Revised Penal Code shall be applicable to this Act.

SEC. 20. Separabitity Clause. — If, for any reason, any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not affected thereby shall

continue to be in force and effect.

SEC. 21. Repealing Clause. ~ All laws, decrees, executive orders, proclamations,
mules and regulations, and other issuances, or parts thereof, which are inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

SEC, 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,

whichever is earlier.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2158

HOUSE BILL NO. .

Introduced by: Representative Karlo A. B- Nograles

EXPLANATORY NOTE

The brazen and brutal terrorist attacks in the United States on September 11,
2001 have forever change the face of terrorism as it exposed the other half thereof
Which is terrorism financing. Following the tragic events we now dreadfully remember
as 9/11, the Financial Action Task Force, the financial watchdog created by the Group of
Seven (G-7) Nations, developed the international standards to combat and suppress
terrorism financing.

In October 2001, the FATF issued the Eight Special Recommendations to deal
with the issue of terrorism financing. Three years later, the FATF published a Ninth
Special Recommendation further strengthening the agreed international standards
against. terrorism financing thereby completing the FATF 40-plus 9 Special
Recommendations.

On 16 November 2001, following the enactment of the AMLA, the Philippines
signed the 1999 United Nations Convention for the Suppression of the Financing of
Terrorist. The UN Convention was ratified by the Senate on 14 October 2003 and
requires al! States to criminalize the financing of terrorism separately from the act of
terrorism. In other words, terrorism financing should be criminalized as a stand-alone

offense.


rorist financing is one of the specific

The need to separately criminalized ter
| Recommendation NO. 11 which

requirements set by FATF, particularly under Special
provides that:

Each country should criminalize the financing of terrorism, terrorist acts
and terrorist organizations. Countries should ensure that such offenses

are designated as money predicate offences.

tn the 2008 Detailed Assessment of the Philippine jointly conducted by the World
Bank and the Asia/Pacific Group on Money Laundering, the Philippines was not only
rated non-compliant with Special Recommendation No. 11 but was also adjudged non-
compliant with Special Recommendation No.1 for its failure to fully related Resolutions
issued by the United Nations Security Council.

‘The Philippines has been rated non-compliant by our peers in the Asia/Pacific
Group as well as by the FATF-member nations for its to fully implement the UN
Conventions and other international instruments against terrorism financing it signed
and ratified, it has failed to criminalize terrorism financing it signed and ratified. It has
failed to criminalize terrorism financing as a stand-alone offense separate and distinct

from the crime of terrorism.

pines has been a victim of terrorism. There is no argument that
terrorism cannot be perpetrated without the actors. The actors cannat mobilize
without equipment and tools. Equipment and tools can only be acquired with funds
however and wherever acquired. Training for new terrorist recruits also requires
funding. Hence, terrorism can be effectively prevented by targeting and bringing to
justice its financiers.

Consequently, the Philippines just equip its authorities with the necessary tools
that directly impact on the funding sources of terrorist individuals and organizations
empowering them to freeze without deiay and if needed, to interdict and promptly
forfeit funds intended to finance the commission of act of terrorism.


ply and honor our international commitments
gainst terrorism financing but also and
ity of our country and its people from

ot only to corn
‘onal instruments 2!
the safety and secur!

This bill is intended ni
under the various internati
more importantly to ensure
the horrors of terrorism.

‘The early passage of this bill is strongly recommended.

KARLO A.B. NOGRALES.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

nousesitno,__2158

Introduced by: Representative Karlo A. B. Nograles

AN ACT CRIMINALIZING THE FINANCING OF TERRORISM AND
FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shalt be known as the “Suppression of the
Financing of Terrorism Act of 2010”.

Section 2. Dectaration of Policy. — tt is the dectared policy of the State to
protect fife, liberty and property from all acts of terrorism and the financing
thereof. Consisting with its foreign policy, the State shall extend cooperation in
the transnational investigation and prosecutions of persons involved in terrorism
financing activities wherever committed.

Section 3. Definitions. — For purposes of this Act, the following terms are
hereby defined as follows:

(a.)“Terrorism” shail refer to the crime penalized under Section 3
of Republic Act No. 9372, otherwise known as the “Human
Security Act of 2007”,

(b.)“Funds” shall mean assets of every kind, whether real or
personal, tangible or intangible, movable or immovable,
however acquired or regardless of its sources and legal
documents or instruments in any form, including electronic or
digital, evidencing title to, or interest in, such assets, including


but not limited to, cash, bank credit, travellers cheques,
money orders, shares, securities, bonds, drafts, letter of
credit and other monetary instruments.
Section 4. Terrorism financing; how committed. The crime of terrorism
financing is committed by:

a.) Any person who, by any means, directly or indirectly,
unlawfully and wilfully, provides, contributes or collect
funds with the intention that such funds are to be used or
with the knowledge that they are to be used, in full or tn
part to carry out terrorism;

b.) Any person who organizes or direct others to commit the

offense under Section 4 (a);
<) Any person who participates as an accomplice or accessory
in the offense set forth in Section 4 (a) aforementioned;

For purposes of Section 4, it shall not be necessary that the crime of
terrorism be actually committed or that the funds were actually used to
carry out terrorism.

Section 5. Conspiracy to commit terrorism financing. — It shall be unlawful
for any person to conspire to commit terrorism financing. There is conspiracy
when two or more persons come to an agreement to commit the crime of
terrorism financing as defined under Section 4 hereof and decide to commit it.

Section 6. Predicate offense to money laundering. - Terrorism financing
shall be a predicate offense to money laundering as defined and penalized under
Republic Act no. 9160, as amended.

Section 7. Extradition. - The Philippines shall negotiate for the inclusion of
terrorism financing as among the extraditable offenses in all future treaties.


Section 8. Penal Provisions. a.) Terrorism financing under Section 4 (a)
and (b} and conspiracy to commit terrorism financing under Section 5 shall be
penalized with forty (40} years imprisonment without the benefit of parale.

b.) An accomplice or accessory to the crime of terrorism financing under
Section 4 (c) shail be penalized with imprisonment. ranging, from seventeen (17)
years, four (4) months and one {1} day to twenty (20) years.

Section 9. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national

newspapers of general circulation.

Approved.


FACT SHEET

House Bill Nos. 753 and 2158
(Approved by the Gammittee on June 8, 2011}

“AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM,

PROVIDING PENALTIES THEREFOR AND FOR OTHER
PURPOSES”

Introduced by: REPS. RODOLFO W. ANTONINO, KARLO B. NOGRALES,
NIEL C. TUPAS, JR., RODOLFO G. FARINAS, ORLANDO B. FUA, JEFFREY
P, FERRER AND GEORGE P. ARNAIZ

Committee Referral: COMMITTEE ON JUSTICE
Committee Chairperson: REP, NEIL C, TUPAS, JR.

OBJECTIVES:

To ensure the safety and security of our country and people from the horrors of
terrorism;

* To prevent terrorism by denying terrorists and their supporters access to legitimate

international financial systems and by targeting and bringing to justice its financiers;

To strengthen the country's support to fight terrorism as it continues to threaten
global peace and secunty;

To comply and honor our international commitments under the various international
instruments against terrorism financing to which the Philippines Is a party

KEY PROVISIONS:

Defines and criminatizes Terrorism Financing,
Punishes conspiracy to commit terrorism financing;

Includes terrorism financing as a predicate offense to money laundering as defined in
the Anti-Money Laundering Act of 2001 (AMLA), as amended;

Provides for the inclusion of terrorism financing as among the extraditable offenses
in all future treaties;

RELATED LAWS:

Republic Act No, 9160 (Anti-Money Laundenng Act of 2004, as amended;)

Republic Act No, 9372 (Human Security Act )

1999 UN Convention on the Suppression of the Financing of Terrorism or Terrorist Financing
Convention;

UN Security Council Resolution Nos. 1267 (1999) and 1373 (2001)


TT ep. | Reputtic of the Philipyines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila se nee

15" Congress
4* Regular Session
COMMITTEE ON JUSHICE
FOR: THE HONORABLE SPEAKER
THRU: THE DEPUTY SECRETARY GENERAL | FOR COMMITTEE AFFAIRS:
RE : SPOT REPORT OF THE MEETING OF THE COMMITTEE ON JUSTICE HELD ON 8 JUNE 2011,

WEDNESDAY, 9:30 AM, AT CONFERENCE ROOM 6, MITRA BUILDING, HOUSE OF REPRESENTATIVES

: 9 June 2014

DELIBERATION ON MEASURES:
1. House Bill No. 2410 (Creation of an Additional Division of the Court of Appeals in Baguio city).
‘a. Major issues/positions and views aired:

«Rep. Bernardo Vergara delivered his sponsorship speech on HB 2410. He stated that recent years, Congress
han passed several laws creating new Regjonal Trial Courts (RTC) without considering Me effects on the existing
re eet the Court of Appeals (CA). Rep. Vergara also emphasized that out of the twenty-three (23) divisions of
{he CA, seventeen (17) are located in Metro Mania, three (3) in Cebu and three (3) i? Cagayst de Oro. He added
that with 72 RTCs in Northern Luzon, cases from these courts elevated to the CA alvisions Mt ‘Metro Manila
considerably add to the increasing load ot the CA. He concluded that there Is a need to create & division of the CA

__ for the Cordillera Administrative Region (CAR) and the First Judicial Region, fo be located in Baguio City.

lAssociate Justice Remedios Salazar-Fernando of the Court of Appeals: expressed her concem with H8 2410. She
stated that the creation of an additional CA division to be located in Baguio City would require additional budget
for the CA for personnel, maintenance and other operating expenses. She nated that the casos filed in the First,
Judicial Regon and CAR only numbered 773, and that the CA has a settimposed quote on tne disposition of
pending cases, which is 12.16 cases per month {excluding minute resolutions). She added that due to the
collegial nature of the CA, the creation of a single CA division in Baguio City would also ‘entail problems for the
would-be Justices and court personnel, such as being precluded trom filing leaves of absence in order to avoid
delay in the resolution of cases. Finally, Assoc. Justice Fernando recommended that, instead of creating a CA
dliveton in Baguio Cily, the Supreme Court (SC) coutd simply issue a resolution designating an ex Sting CA division
in Metro Manifa to specifically handle appeals and special cwvil actions from ‘the First Judicial Region and CAR.

«Rep. Vergara stated that he was amenable to the above recommendation of Assoc. Justice Fernando.
b. Agreements reached/Decisions made:
«Senior Vice Chariman Flodolfo Farias, who presided over the Committee meeting stated that the Commitee

sent consider HB 2410 for further deliberation, with the assurance that the Houge of Representatives would
wake the proper reprosentation to the SC for the possible issuance of an SC resolution as described above



cubsthuse Bil on Terrorist Financing Suppression Act, in fieu of House Bill Nos. 753 ancl 21158 authored by Reps.
Rodolfo Antonine and Karlo Nograles.

Major Issues/Positions and Views Aired:

Rep. Karlo Nograles underscored the importance and urgency of the passage of the Diltia order for the Phitippines
Te tect ils international commitments in suppressing terrorist financing Rep. Cotaling Leonen Pizarro,
representing Rep. Rodotto Antonino, likewise conveyed the need to expedite the passage oF ine bill, whioh would
Gffectively strengthen and plug the loopholes In existing laws such as Republic Act No 9460 (Anti-Money
aeecteriyg Act of 2003}, Republic Act No. 8280 (Ant-Tafficking in Persons Act of 2003), and Republic Act No
9070 [Fluman Security Act of 2007), Resource persons from concemed agencies and other stakeholders such as
the Department of Justice (003), Ant-Money Laundering Council (AMLC}, Philippine National Police (PNP) and the
Anti-Terrorism Council (ATC) expressed their full support for the bill.

Agreements Reached/Decisions Ma

Upon the duly seconded motion of Rep. Orlando Fua, the Chairman approved the substitute bill on Terrorist
Financing and Suppression Act, subject to the refinements/amendments intraduced by the members present.

stitute Bill on Recognizance Act, in lieu of House Bill Nos. 180, 2414 and 3145, authored by Reps. Joseph
ert Violage, Rodolfo Farifias, Teddy Casifio, Neri Colmenares, Luzviminda Wtagan, Rafael Mariano, Raymond
Palatino, Emmi De Jesus, and Antonio Tinio.

Major Issues/Positions and Views Aired:

Rep. Casifo reiterated his view that the requirement for a Sangguniang Bayan/Panlungsod resolution might Be
too burdensome tor the applicant, thus defeating tie purpose of the bill which is to grant indigent persons, who
are unable to post bail, an alternative in gaining temporary freedom when the evidence against them is not song.

Atty, Tevestta Domingo trom the DOJ expressed her support for HB 2414 authored by Rep. Casino. She suggested
that instead of requiring a Sangguniang Bayan/Paniungsod resolution, the courts could just notify the concerned
Sanegunian of the application for recognizance by an Indigent person, with a strict timeframe to act on the Seic
application and submil a recommendation to the court,

Reps. Farifias and Amaiz, however, stressed the need for a proactive pasticipation of the Sanggunian in the
recognizance process, in order to establish tha accountability of clective public officials for the person to be
eased on recognizance.
¢
. Agreements Reached /Decisions Made:
‘On the duly seconded motion of Rep. Fua, the Chairman approved the substitute bill on the Recognizance Act,
‘subject to the amendments made by Reps. Casifio and Amaiz.

Noted by: co

ARRA, ATTY. DAJAD ROBERT U. AMORIN

coriimitiee Secretary Service Gjrector
Cluster cgay Poitica a
sc —_ The Deputy Speaker
‘The Honoranie Chairman, Committee on Rules
The Secretary Generat
‘The Execuaree Ouector, Committee Mfairs Deparment
‘The Deputy Executwe Drectar, Committee Affaire, Department
‘The Service Drector, Commitize Aftaus Suppomt Service