FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Transparency and accountability are the foundations of a genuine democracy. All 
branches of government must be able to account for their actions and for their use of public 
funds to the people whom they serve. None should be spared from the scrutiny of the public. 
Understandably, because of its nature, intelligence activities must be kept confidential 
for valid national security concerns. Nonetheless, this does not mean that they should not be 
subject to checks and balances that are at the core of our democratic government. A balance 
must be struck to maintain confidentiality but at the same time uphold accountability. 
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It is necessary to monitor the compliance of intelligence activities with existing laws 
and with the Philippine Constitution. Moreover, intelligence agencies must be made 
responsible for these activities and held liable for their actions. Furthermore, there is a need 
to ensure that intelligence agencies are protecting, rather than undermining, civil liberties 
and that they are properly used to prepare for the threats to national security, rather than for 
partisan activities of any government official. 
Also, certain government agencies receive an annual appropriation for intelligence 
and confidential activities amounting to millions of pesos. Because of the necessary secrecy in 
the use of intelligence and confidential funds, these amounts appear as lump sums in the 
annual General Appropriations Act and are not subject to the stringent regular auditing 
requirements of the Commission on Audit. Through the years, this secrecy that surrounds 
the disbursement and utilization of intelligence and confidential funds has been used not 
only to protect intelligence activities but also to hide abuses in the utilization of these funds, 
Because it ,is essential, for valid national security concerns, that most intelligence 
activities remain secret, Congress, as the elected representatives of the Filipino people, must 
ensure that the intelligence agencies are held accountable for their actions. 
Thus, for the purpose of upholding accountability in the conduct of intelligence 
activities while at the same time maintaining the necessary confidentiality, this bill calls for 
the creation of a Joint Congressional Intelligence Committee tasked to monitor and oversee 
intelligence activities, which include the administration, financial management, and 
expenditures, of the intelligence agencies. 
In addition, the bill compels all entities of the Philippine government that conduct 
intelligence activities and receive intelligence funds to keep the Joint Congressional 
Intelligence Committee fully &formed of all intelligence activities, including any significant 
anticipated intelligence activity and any significant intelligence failure, as soon as possible. 


Furthermore, the bill requires that entities of the Philippine government first obtain a 
signed letter from the President, or from the respective head of the constitutional body in 
cases involving entities enjoying fiscal autonomy, specifically authorizing the proposed 
intelligence activity before any amount is disbursed and expended for the proposed 
intelligence activity. The President or the respective head of the constitutional body shall 
ensure that the Joint Congressional Intelligence Committee receives a copy of this 
authorization letter within seventy-two (72) hours. 
Also, the bill mandates the President to submit to the Joint Congressional Intelligence 
Committee an annual report on the past activities and the future requirements of the 
Philippines for intelligence. The report shall specify matters in sufficient detail to assist 
Congress in making decisions with respect to the allocation of resources for the matters 
specified. 
In view of the foregoing, the immediate enactment of this measure is earnestly 
sought. 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
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S. B. No. 
INTRODIfCED BY THE HONORABLE MAR ROXAS 
AN ACT 
ENSURING ACCOUNTABILITY IN INTELLIGENCE ACTMTIES AND IN 
THE USE OF INTELLIGENCE AND CONFIDENTIAL FUNDS GRANTED TO 
ALL GOVERNMENT AGENCIES, ESTABLISHING FOR THE PURPOSE A 
JOJNT CONGRESSIONAL INTELLIGENCE COMMITTEE TO STRENGTHEN 
THE OVERSIGHT POWERS OF CONGRESS TO MONITOR INTELLIGENCE 
ACTIVITIES OF ALL AGENCIES OF THE PHILIPPINE GOVERNMENT 
AND TO OVERSEE HOW INTELLIGENCE AND CONFIDENTIAL FUNDS 
ARE EXPENDED, AND FOR OTHER PURPOSES. 
Be ir enacted by rhe Senate and the House of Representarives in Congress assembled 
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SECTION 1. This Act shall be known as the ‘Tnteligence Oversight Act of2008. 
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SECTION 2. Definition of Terms. 
(a) Intelligence activities pertain to activities related to the process of gathering, 
evaluation, correlation and interpretation of security information, as performed by 
intelligence agencies of the Philippine government. 
(b) Intelligence agencies include the Office of the National Security Adviser, the 
National Intelligence Coordinating Agency, the intelligence units of the Armed Forces of the 
Philippines and the Philippine National Police, and all departments, agencies, and other 
entities of the Philippine government, which receive intelligence and confidential funds 
from the annual General Appropriations Act. 
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SECTION 3. Joint Congressional Intelligence Committee. - A Joint Congressional 
Intelligence Committee is hereby established, which shall, subject to the Constitution, 
perform the oversight funcrions set out in this act in relation to the intelligence activities, 
which include the administration, financial management, and expenditures, of the 
intelligence agencies. The Committee shall be composed of five (5) members each from the 
Senate and the House of Representatives, which shall meet quarterly, or as often as 
necessary, to oversee the intelligence activities of the Philippine government. The 
Committee shall be jointly chaired by the Chairperson of the Senate Committee on National 
Defense and Security and the House Committee on National Defense and Security. The other 
four (4) members of the Senate delegation are the Chairpersons of the Committee on Peace, 
Unification, and Reconciliation, the Committee on Justice and Human Rights, the 
Committee on Public Order and Illegal Drugs, and the Committee on Finance. The other 
four (4) members of the House Delegation are the Chairpersons of the Committee on Peace, 
Reconciliation and Unity, the Committee on Human Rights, the Committee on Public Order 
and Safety, and the Committee on Appropriations. The President of the Senate, the Speaker 
of the House of Representatives, and the minority leaders of both Houses shall serve as a- 
of??& 
members of the Joint Congressional Intelligence Committee. 
SECTION 4. General Provisions on Congressional Intelligence Oversight. 
(a) The President shall ensure that the Joint Congressional Intelligence Committee 
are kept fully informed of the intelligence activities of the Philippines, including any 
significant anticipated intelligence activity, as won as possible. Provided, however, that this 
shall not be construed as requiring the approval of the Joint Congressional Intelligence 
Committee as a condition precedent to the initiation of any significant anticipated 
intelligence activity. 
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(b) The President shall ensure that any illegal intelligence activity is reported 
promptly to the Joint Congressional Intelligence Committee, as well as any corrective action 
that has been taken or is planned to be taken in connection with such illegal activity. 
(c) If the President determines that it is essential to limit access to information 
regarding any intelligence activity to meet extraordinary circumstances affecting vital 
interests of the Philippines, the information may be reported to the chairpersons of the Joint 
Congressional Intelligence Committee, the President of the Senate, the Speaker of the House 
of Representatives and the minority leaders of both Houses, and such other member or 
members of the Congress as may be included by the President. When access to information is 
limited as such, a statement of the reasons for limiting such access shall also be provided in 
writing to the Joint Congressional Intelligence Committee. 
(d) Nothing in this act shall be construed as authority to withhold information from 
the Joint Congressional Intelligence Committee on the grounds that providing the 
information would constitute the unauthorized disclosure of classified information or 
information relating to intelligence sources and methods. 
SECTION 5. Protecting the Confidentiality of Intelligence Activities and other 
Classified Information. - The Joint Congressional Intelligence Committee shall establish 
procedures, subject to the approval of the Senate and the House of Representatives, to- 
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(a) protect from unauthorized disclosure all classified information, and all 
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information relating to intelligence sources and methods, that is fbrnished to the Joint 
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Congressional Intelligence Committee under this act; and 
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(b) penalize members that violate the confidentiality of the Committee’s 
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proceedings. 
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Only upon the approval of'these procedures, by both the Senate and the House of 
Representatives through a joint resolution, can the Committee perform its oversight 
functions. 
SECTION 6. Reporting of Intelligence Activities. - To the extent consistent with due 
regard for the protection from unauthorized disclosure of classified information relating to 
sensitive intelligence sources and methods or other exceptionally sensitive matters, the 
National Security Adviser, the Director of the National Intelligence Coordinating Agency, 
and the heads of all departments, agencies, and other entities of the Philippine government 
who receive intelligence and confidential funds from the annual General Appropriations Act 
shall - 
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(a) keep the Joint Congressional Intelligence Committee fully informed of all 
intelligence activities, including any significant anticipated intelligence activity and any 
significant intelligence failure, as soon as possible; and 
(b) furnish the Joint Congressional Intelligence Committee any information or 
material concerning intelligence activities, which is requested by the Joint Congressional 
Intelligence Committee in order to carry out its authorized responsibilities. 
SECTION 7. Finding of the Joint Congressional Intelligence Committee. - In 
accordance with the procedures adopted by the Joint Congressional Intelligence Committee, 
the Chairperson of both Houses shall promptly call to the attention of the Senate or the 
House of Representatives, or to any appropriate committee or committees of each chamber, 
any matter relating to intelligence activities requiring the attention of such chamber or such 
committee or committees. 
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SECTION 8. Funding bf Intelligence Activities. 
(a) Appropriated intelligence and confidential funds available to any agency of the 
Philippine government may be obligated or expended for intelligence or intelligence-related 
activities only if those funds were specifically authorized by the Congress for use for such 
activities as stated in the annual General Appropriations Act. 
(b) No funds appropriated for, or otherwise available to, any department, agency, or 
entity of the Philippine Government may be expended, or may be directed to be expended, 
for any intelligence activity, unless and until a signed authorization letter from the President 
is obtained. For constitutional bodies which enjoy fiscal autonomy, the authorization letter 
must be signed by their respective head. The President, or the respective head of the 
constitutional body, shall ensure that the Joint Congressional Intelligence Committee 
receives a copy of this authorization letter within seventy-two (72) hours. 
SECTION 9. Annual Report on Intelligence Activities. - Not later than January 31 of 
each year, the President shall submit to the Joint Congressional Intelligence Committee a 
report on the requirements of the Philippines for intelligence for the calendar year in which 
the report is submitted, and the activities of the intelligence agencies during the preceding 
calendar year. The purpose of the report is to facilitate an assessment of the activities of the 
intelligence agencies during the preceding calendar year and to assist in the development of a 
mission and a budget for the intelligence agencies for the calendar year in which the report is 
submitted. The report shall specify matters in sufficient detail to assist Congress in making 
decisions with respect to the allocation of resources for the matters specified. The report shall 
also include a financial statement covering all the funds expended by any department, 
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agency, or entity of the Philippine Government for intelligence or intelligence-related 
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activities, as well as a detailed account of the use of these funds. The report shall be 
submitted in unclassified form, but may include a classified annex. 
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SECTION 10. Separability Clause. - If, for any reason, any section or provision of this 
Act shall he held unconstitutional or invalid, the other section or provision not otherwise 
affected shall remain in full force and effect. 
SECTION 11. Repealing Clause. - All laws, presidential decrees, executive orders, 
proclamations, rules and regulations which are inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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