Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
3103.

HOUSE BILL NO.

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

The State is cognizant that the battle against terrorism requires a very
comprehensive approach, embracing political, economic, consular, military, and
lawful means taking into account the original causes of terrorism without
acknowledging these as justifications for terrorist and criminal activities,

This House Bill seeks to provide stiffer penalties and sanctions to the prevailing
Provisions of the Human Security Act (RA9372), to uphold the constitutionally
recognized powers of the executive department of the government that shall not
Prejudice respect for human rights which shall be absolute and protected at all
times.

This measure shall include conflict management and post-conflict peace-
building, addressing the roots of conflict by building state capacity and
promoting equitable economic development.

Thus, the early passage of this bill is earnestly requested.
4)

MICHAEL/If’ ROMERO Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 2193

Introduced by Representative Michael L. Romero

AN ACT

AMENDING REPUBLIC ACT 9372, OTHERWISE KNOWN AS THE
“HUMAN SECURITY ACT OF 2007” PROVIDING FOR STIFFER
PENALTIES AND SANCTIONS, AND FOR OTHER PURPOSES

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

SECTION 1. Section 5 of Republic Act No. 9372, is hereby amended to
read as follows:

SEC. 5. 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 terrorism or conspiracy to commit
terrorism by previous or simultaneous acts shall suffer the
Penalty of not less than twenty (20) years of imprisonment.

SECTION 2. Section 6 of Republic Act No. 9372, is hereby amended to
read as follows:

SEC. 6. Accessory. — Any person who, having knowledge of
the commission of the crime of terrorism or conspiracy to


SECTION
read as follows:

commit terrorism, 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:

(2) 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 not less than twelve (12) years of
imprisonment.

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)

3. Section 36 of Republic Act No. 9372, is hereby amended to

SEC. 36. Penalty for Unauthorized or Malicious Examination of
@ Bank or a Financial Institution. — Any person, police or law
enforcement personnel who examines the deposits,
placements, trust accounts, assets, or records in a bank or
financial institution of:

(1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism;

(2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or


SECTION
read as follows:

(3) a member of such organization, association, or group
of persons, without being authorized to do so by the
Court of Appeals, shall be guilty of an offense and shall
suffer the penalty of not less than twelve (12) years of
imprisonment.

In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of not less than
twelve (12) years of imprisonment shall be imposed upon any
Police or law enforcement personnel, who maliciously
obtained an authority from the Court of Appeals to examine
the deposits, placements, trust accounts, assets, or records in
a bank or financial institution of:

(1) @ person charged with or suspected of the crime of
terrorism er conspiracy to commit terrorism;

(2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or

(3) a member of such organization, association, or group
of persons:

Provided,

That notwithstanding Section 33 of this Act, the party
aggrieved by such authorization shall upon motion duly filed
be allowed access to the sealed envelope or sealed package
and the contents thereof as evidence for the prosecution of
any police or law enforcement personnel who maliciously
procured said authorization.

4. Section 37 of Republic Act No. 9372, is hereby amended to

SEC. 37. Penalty of Bank Officials and Employees Defying a
Court Authorization. — An employee, official, or a member of
the board of directors of a bank or financial institution, who
refuses to allow the examination of the deposits, placements,
trust accounts, assets, and records of:


SECTION

read as follows:

SECTION
read as follows:

(1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism;

(2) a judicially declared and outlawed organization,
association, or group of persons; er

(3) a member of such judicially declared and outlawed
organization, association, or group of persons in said
bank or financial institution, when duly served with the
written order of the authorizing division of the Court of
Appeals, shall be guilty of an offense and shall suffer
the penalty of not less than twelve (12) years of
imprisonment.

5. Section 38 of Republic Act No. 9372, is hereby amended to

SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits. — Any
false or untruthful statement or misrepresentation of material
fact in the joint affidavits required respectively in Section 12
and Section 32 of this Act shall constitute a criminal offense
and the affiants shall suffer individually the penalty of not less
than twelve (12) years of imprisonment.

6. Section 39 of Republic Act No. 9372, is hereby amended to

SEC. 39. Seizure and Sequestration. — The deposits and their
outstanding balances, placements, trust accounts, assets,
and records in any bank or financial institution, moneys,
businesses, transportation and communication equipment,
supplies and other implements, and property of whatever kind
and nature belonging:

(1) to any person suspected of or charged before a
competent Regional Trial Court for the crime of
terrorism or the crime of conspiracy to commit
terrorism;


SECTION

read as follows:

(2) to a judicially declared and outlawed organization,
association, or group of persons; or

(3) to a member of such organization, association, or
group of persons shall be seized, sequestered, and
frozen in order to prevent their use, transfer, or
conveyance for purposes that are inimical to the safety

and security of the people or injurious to the interest of
the State.

The accused or a person suspected of may withdraw such
sums as may be reasonably needed by the monthly needs of
his family including the services of his or her counsel and his
or her family’s medical needs upon approval of the court, He
or she may also use any of his property that is under seizure
or sequestration or frozen because of his/her indictment as a

terrorist upon permission of the court for any legitimate
reason.

Any person who unjustifiably refuses to follow the order of the
Proper division of the Court of Appeals to allow the person
accused of the crime of terrorism or of the crime of. conspiracy
to commit terrorism to withdraw such sums from sequestered
or frozen deposits, placements, trust accounts, assets and
records as may be necessary for the regular sustenance of
his/her family or to use any of his/her property that has been
seized, sequestered or frozen for legitimate purposes while
his/her case is pending shall suffer the penalty of not less than
twelve (12) years of imprisonment.

7. Section 41 of Republic Act No, 9372, is hereby amended to

SEC. 41. Disposition of the Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and
Record. — If the person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism is found, after
his investigation, to be innocent by the investigating body, or
is acquitted, after his arraignment or his case is dismissed
before his arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits, placements,


SECTION

read as follows:

trust accounts, assets and records shall forthwith be deemed
lifted by the investigating body or by the competent court, as
the case may be, and his bank deposits, placements, trust
accounts, assets and records shall be deemed released from
such seizure, sequestration and freezing, and shall be
restored to him without any delay by the bank or financial
institution concerned without any further action on his part.
The filing of any appeal on motion for reconsideration shall
not state the release of said funds from Seizure, sequestration
and freezing.

Ifthe person charged with the crime of terrorism or conspiracy
to commit terrorism is convicted by a final judgment of a
competent trial court, his seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records shall
be automatically forfeited in favor of the government.

Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of One Million pesos
(P1,000,000.00) a day for the period in which his properties,
assets or funds were seized shall be paid to him on the concept.
of liquidated damages. The amount shall be taken from the
appropriations of the police or law enforcement agency that
caused the filing of the enumerated charges against him/her.

8. Section 42 of Republic Act No. 9372, is hereby amended to

SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in
Restoring Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. — Any
Person who unjustifiably refuses to restore or delays the
restoration of seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records of a person
suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism after such suspected person
has been found innocent by the investigating body or after the
case against such charged person has been dismissed or after
he is acquitted by a competent court shall suffer the penalty
of not less than twelve (12) years of imprisonment.


SECTION

read as follows:

SECTION

to read as follows:

SECTION
to read as follows:

9. Section 43 of Republic Act No. 9372, is hereby amended to

SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation
of Seized, Sequestered and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Records. — Any person who is
responsible for the loss, misuse, diversion, or dissipation of
the whole or any part of the seized, sequestered and frozen
bank deposits, placements, trust accounts, assets and
records of a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism shall suffer the
penalty of not less than twelve (12) years of imprisonment.

10. Section 44 of Republic Act No. 9372, is hereby amended

SEC. 44. Infidelity in the Custody of Detained Persons. — Any
Public officer who has direct custody of a detained person or
under the provisions of this Act and who by his deliberate act,
misconduct, or inexcusable negligence causes or allows the
escape of such detained person shall be guilty of an offense
and shall suffer the penalty of:

(a) at least twenty (20) years of imprisonment, if the detained
person has already been convicted and sentenced in a final
judgment of a competent court; and”

(b) at least twelve (12) years of imprisonment, if the detained
Person has not been convicted and sentenced in a final
judgment of a competent court.

11. Section 46 of Republic Act No. 9372, is hereby amended

SEC. 46. Penalty for Unauthorized Revelation of Classified
Materials. — The penalty of not less than twelve (12) years of
imprisonment shall be imposed upon any person, police or
law enforcement agent, judicial officer or civil servant who, not


SECTION
to read as follows:

SECTION
to read as follows:

being authorized by the Court of Appeals to do so, reveals in
any manner or form any classified information under this Act,

12. Section 47 of Republic Act No. 9372, is hereby amended

SEC. 47. Penalty for Furnishing False Evidence, Forged
Document, or Spurious Evidence. — The penalty of not less
than twenty (20) years of imprisonment shall be imposed
upon any person who knowingly furnishes false testimony,
forged document or spurious evidence in any investigation or
hearing under this Act.

13. Section 50 of Republic Act No. 9372, is hereby amended

SEC. 50. Damages for Unproven Charge of Terrorism. — Upon
acquittal, any person who is accused of terrorism shall be
entitled to the payment of damages in the amount of One
Million pesos (P1,000,000.00) for every day that he or she has
been detained or deprived of liberty or arrested without a
Warrant as a result of such an accusation. The amount of
damages shall be automatically charged against the
appropriations of the police agency or the Anti-Terrorism
Council that brought or sanctioned the filing of the charges
against the accused.

It shall also be released within fifteen (15) days from the date
of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges
against those responsible for charging him with the case of
terrorism.

Any officer, employee, personnel, or person who delays the
release or refuses to release the amounts awarded to the
individual acquitted of the crime of terrorism as directed in
the paragraph immediately preceding shall suffer the penalty
of six months of imprisonment.


If the deductions are less than the amounts due to the
detained persons, the amount needed to complete the
compensation shall be taken from the current appropriations
for intelligence, emergency, social or other funds of the Office
of the President.

In the event that the amount cannot be covered by the
current budget of the police or law enforcement agency
concerned, the amount shall be automatically included in
the appropriations of the said agency for the coming year.

SECTION 14. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given
six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 15. IMPLEMENTING RULES AND REGULATIONS. — The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.

SECTION 16. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 17. SEPARABILITY CLAUSE. - If, for any reason, any section
or provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.

SECTION 18. EFFECTIVITY CLAUSE. - This Act shall take effect after
fifteen (15) days from its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation whichever comes earlier.

Approved,