Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3872
HOUSE BILL NO.

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT
STRENGTHENING NATIONAL SECURITY BY PROVIDING FOR
THE ELECTRONIC SURVEILLANCE OF FOREIGN ENTITIES UNDER CERTAIN
CONDITIONS

EXPLANATORY NOTE

‘The country’s security and safety are one of the duties that must be addressed and enforced by
the government. The State must establish a security measure in order to Protect its people from threat
arising from domestic and international conflicts. This bill will enhance the provisions of Republic
Act No. 9372, or the Human Security Act of 2007.

Under the Human Security Act of 2007, the State shall protect the life, liberty and property
from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the
country and to the welfare of the people, and to make terrorism a crime against the Filipino people,
against humanity and against the law of nations.

This bill seeks to provide warrantless surveillance by using technological advancement stich
as but not limited to electronic or mechanical means in order to suppress the participation in terforism
activities by foreign elements situated in the Philippines. This measure will help the law enforcement
bodies or agencies to gather sensitive information relating to the nation’s security. 24

In view ofthe foregoing, the approval ofthis bill is highly recommended,

“KUYA” JOSE ANTONIO R. SY-ALVARADOK
is Representative
/ First District of Bulacan

/


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 3872 -
Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO
AN ACT
STRENGTHENING NATIONAL SECURITY BY PROVIDING FOR
THE ELECTRONIC SURVEILLANCE OF FOREIGN ENTITIES UNDER CERTAIN
CONDITIONS

Be it enacted by the Senate and the House of Representatives of the Philippines 6 in Congress
assembled:

TABLE OF CONTENTS

SECTION 1. Short Title

SEC. 2. Definition of Terms

SEC. 3, Electronic Surveillance Authorization

SEC. 4. Emergency Authorizations

SEC. 5, Emergencies involving Non-Filipino Citizens

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized Electronic Surveillance;
Training of Intelligence Personnel

SEC.7. Retention of Certifications, Applications and Orders
SEC. 8. Bar to Legal Action

SEC. 9. Use of Information

SEC. 10. Report to Supreme Court Office of the Court Administrator Office and to Congress

SEC. 11. Report of the Secretary of Justice to Congressional Committees; Limitation on

Authority or Responsibility of Information Gathering Activities of Congressional Committees; Report
of Congressional Committees to Congress.

SEC. 12. Criminal Sanctions

EC. 13. Civil Liability


SEC. 14. Authorization During Time of War
SEC. 15. Extra-Territorial Application of this Act
SEC. 16, Separability Clause

SEC. 17. Repealing Clause

SEC. 18. Special Effectivity Clause
SECTION 1. Short Title. - This Act shall be known as the “Foreign Electronic Surveillance

SEC. 2. Definition of Terms, ~ As used in this Act:

(@) Foreign entity means ~ a foreign government or any component thereof, whether or not.
recognized by the Philippines; a faction of a foreign nation or nations, majority of whose population
is composed of persons who are not Filipino citizens; an entity that is openly acknowledged by a
foreign government or governments to be directed and controlled by such foreign government or
governments; a group engaged in international terrorism or activities in preparation therefor, a foreign-
based non-government organization, majority of whose members or stockholders are persons who are
not Filipino citizens; an entity that is directed and controlled by a foreign government or governments;

or an entity not substantially composed of Filipino citizens that is engaged in the international
proliferation of weapons of mass destruction.

(b) Agent of a foreign entity means any person other than a Filipino citizen, who —

(A) Acts in the Philippines as an officer or employee of a foreign entity, or as a member of a
foreign entity as defined in this Act, irrespective of whether the person is inside the Philippines;

(B) Acts for or on behalf of a foreign entity which engages in clandestine intelligence activities
in the Philippines contrary to the interests of the Philippines;

(C) Engages in international terrorism as defined in Republic Act (RA) No. 9372, also known
as the “Human Security Act of 2007" or activities in preparation therefor;

(D) Engages in the international proliferation of weapons of mass destruction, or activities in
preparation therefor; or

(E) Engages in the international proliferation of weapons of mass destruction, or activities in
Preparation therefor, for or on behalf of a foreign entity, or knowingly aids or abets any person in the
conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any
Person to engage in such proliferation or activities in preparation therefor; or

(6) Any person who —
(A) Knowingly engages in clandestine intelligence gathering activities for or on behalf of

a foreign entity, whether the activities involve or may not involve a vidlation of the laws of the
Philippines;


(B) Pursuant to the direction of an intelligence service or network of a foreign entity,
knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign
entity, whether the activities involve or may not involve a violation of the laws of the Philippines;

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

(D) Knowingly enters the Philippines under a false or fraudulent identity for or on behalf of a
foreign entity or, while in the Philippines, knowingly assumes a false or fraudulent identity for or on
behalf of a foreign entity; or

(E) Knowingly aids or abets any person in the conduct of activities described in this paragraph
or knowingly conspires with any person to engage in activities described in this paragraph.

(c) International terrorism means activities that involve violent acts or acts dangerous to human
life as defined in Section 3 of RA 9372 committed within or outside the jurisdiction of the Philippines.

(d) Sabotage means activities that involve a violation of Title Three or Title Four of Book Two
of the Revised Penal Code or that would involve such a violation if committed against the Philippines.

(©) Foreign intelligence information means ~ :

(1) Information that relates to, and if concerning a Filipino citizen is necessary to, the ability
of the Philippines to protect against—

(A) Actual or potential attack or other grave hostile acts of a foreign entity or an agent
of a foreign entity;

(B) Sabotage, international terrorism, or the international proliferation of weapons of mass
destruction by a foreign entity or an agent of a foreign entity; or

(C) Clandestine intelligence activities by an intelligence service or network of a foreign entity
or by an agent of a foreign entity; or

(2) Information with respect to a foreign entity or foreign territory that relates to, and if
conceming a Filipino citizen is necessary to —

(A) The national defense or the security of the Philippines; or
(B) The conduct of the foreign affairs of the Philippines.

@) Electronic surveillance means—

(1) The acquisition by an electronic, mechanical, or other surveillance device of the contents
of any wire or radio communication sent by or intended to be received by a particular, known Filipino
citizen who is in the Philippines, if the contents are acquired by intentionally targeting that Filipino
citizen, under circumstances in which a person has a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes;

(2) The acquisition by an electronic, mechanical, or other surveillance device of the contents
of any wire communication to or from a person in the Philippines, without the consent of any party


thereto, if such acquisition occurs in the Philippines, but does not include the acquisition of those
communications of computer trespassers that would be permissible under the law;

(3) The intentional acquisition by an electronic, mechanical, orother surveillance device of the
contents of any radio communication, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement purposes, and if both the
sender and all intended recipients are located within the Philippines;

(4) The intentional acquisition by an electronic, mechanical, or other surveillance device of the
contents of any communication via the Internet or other electronic communications network, under
circumstances in which @ person has a reasonable expectation of privacy and a warrant would be

required for law enforcement purposes, and if both the sender and all intended recipients are located
within the Philippines; or

(5) The installation or use of an electronic, mechanical, or other surveillance device in the
Philippines for monitoring to acquire information, other than from a wire, radio or any electronic
communication, under circumstances in which a person has a reasonable expectation of privacy and a
warrant would be required for law enforcement purposes.

(g) Secretary of Justice means the Secretary of the Department of Justice of the Philippines (or
Acting Secretary of Justice), or, upon the designation of the Secretary of Justice, the appropriate
Undersecretary of Justice.

(h) Minimization procedures, with respect to electronic surveillance, means

(i) Specific procedures, which shall be adopted by the Secretary of Justice, that are reasonably
designed in light of the purpose and technique of the particular surveillance, to minimize the
acquisition and retention, and prohibit the dissemination, of non-publicly available information
concerning unconsenting Filipino citizens consistent with the need of the Philippines to obtain,
produce, and disseminate foreign intelligence information; procedures that require that non-publicly
available information, which is not foreign intelligence information, as defined in this section, shall
not be disseminated in a manner that identifies any Filipino citizen, without such person's consent,
unless such person's identity is necessary to understand foreign intelligence information or assess its
importance; notwithstanding the above paragraphs, procedures that allow for the retention and
dissemination of information that is evidence of a crime which has been, is being, or is about to be
committed and that is to be retained or disseminated for law enforcement purposes; and
notwithstanding the above paragraphs, with respect to any electronic surveillance approved pursuant
to this Act, proceduresthat require that no contents of any communication to which a Filipino citizen
is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours
unless a court order is obtained or unless the Secretary of Justice secu! that the information
indicates a threat of death or serious bodily harm to any person.

(j) Filipino citizen means a citizen of the Philippines, either by birth or naturalization, or a
corporation, partnership, cooperative, or association a majority of the stock or membership of which
is of citizens of the Philippines and which were formed in accordance with Philippine laws.

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


(1) Surveilled person means a person who is the target of an electronic surveillance or any other
person whose communications or activities were subject to electronic surveillance.

(m) Wire communication means any communication while it is being carried by a wire, cable,
or other like connection furnished or operated by any person engaged as a common carrier in providing
or operating such facilities for the transmission of domestic or foreign communications.

(m) Person means any individual, including any officer or employee of the government, or any
group, entity, association, corporation, or foreign entity.

(n) Contents, when used with respect toa communication, includes any information concerning
the identity of the parties to such communication or the existence, substance, purport, or meaning of
that communication. :

(o) Internet or electronic communication means any communication made through the use of
the Internet, or any similar electronic communications network regardless of whether transmission is
made by satellite, wired or wireless means or via access that is free or for a fee through a public
network, commercial provider or common carrier.

(p) Weapon of mass destruction means—

(1) Any explosive, incendiary, or poison gas device that is designed, intended, or has the
capability to cause a mass casualty incident;

(2) Any weapon that is designed, intended, or has the capability to cause death or serious bodily
injury to a significant number of persons through the release, dissemination, or impact of toxic or
poisonous chemicals or their precursors;

(3) Any weapon involving a biological agent, toxin, or vector that is designed, intended, or has
the capability to cause death, illness, or serious bodily injury to a significant number of persons; or

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

SEC. 3, Electronic Surveillance Authorization. - Except as otherwise provided in this Act,
electronic surveillance conducted anywhere in the Philippines or on targets at least one of whom is
located in the Philippines or on a target Filipino citizen located outside the Philippines shall be upon
court order obtained in accordance with RA 9372. The Secretary of Justice and the Director General
of the National Intelligence Coordinating Agency (NICA) may authorize jointly, for a period of up to
one (1) year from the effective date of the authorization, the targeting of persons reasonably believed

to be located outside the Philippines to acquire foreign intelligence information, subject to the
limitations that the acquisition:

(A)May not intentionally target any person known at the time of acquisition to be located in the
Philippines;

(B) May not intentionally target a person reasonably believed to be located outside the Philippines if

the purpose of such acquisition is to target a particular, known person reasonably believed to be in the
Philippines;


(C) May not intentionally target a Filipino citizen reasonably believed to be located outside the
Philippines;

(D) May not intentionally acquire any communication as to which the sender and all intended
recipients are known at the time of the acquisition to be located in the Philippines; and

(E) may not be conducted in a manner contrary to Section 2, Article III of the Constitution.

(2) An electronic surveillance authorized by this subsection may be conducted only in
accordance with the Secretary of Justice's certification of compliance with the foregoing paragraph
and the minimization procedures adopted by the Secretary. The Secretary of Justice shall assess
compliance with such procedures and shall report such assessments to the House of Representatives
Committee on National Defense and Security under the provisions of this Act.

(3) The Secretary of Justice shall immediately transmit under seal to the Court of Appeals a
copy of his certification. Such certification shall be maintained under security measures established
by the Chief Justice with the concurrence of the Secretary of Justice, in consultation with the Director
General of NICA, and shall remain sealed unless—

(A) An application for a court order with respect to the surveillance is made under RA 9372 or this
Act; or

(B) The certification is necessary to determine the legality of the surveillance.

(4) With respect to electronic surveillance authorized by this section, the Secretary of Justice
may direct a specified communication common carrier to ~

(A) Furnish all information, facilities, or technical assistance necessary to accomplish the
electronic surveillance in such a manner as will protect its secrecy and produce a minimum of
interference with the services that such carrier is providing its customers; and

(B) Maintain under security procedures approved by the Secretary of Justice and the NICA
Director General any records concerning the surveillance or the aid furnished which such carrier

wishes to retain, The government shall compensate, at the prevailing rate, such carrier for furnishing
such aid

(C) Applications for a court order are authorized if the President has, by written authorization,
empowered the Secretary of Justice to approve applications under RA 9372 to the Court of Appeals
and the latter may, notwithstanding any other law, grant an order, in conformity with this Act,

approving electronic surveillance of a foreign entity or an agent of a foreign entity for the purpose of
obtaining foreign intelligence information.

SEC. 4, Emergency Authorizations. - Notwithstanding any other provision of this Act, the

Secretary of Justice may authorize the emergency 15 employment of electronic surveillance on any
target if he — c

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


(B) Reasonably determines that the factual basis for the issuance of an order under this Act to
approve such electronic surveillance exists;

(©) Informs, either personally or through a designee, the designated division of the Court of
Appeals under RA 9372 at the time of such authorization that the decision has been made to employ
emergency electronic surveillance; and

(D) Makes an application in accordance with this Act to the designated division of the Court
of Appeals under RA 9372 as soon as practicable, but not later than seven (7) days after the Secretary
of Justice authorizes such surveillance. If the Secretary of Justice authorizes the emergency
employment of electronic surveillance under paragraph

(1) The Secretary of Justice shall require that the minimization procedures required by this Act
for the issuance of a judicial order be followed.

(2) In the absence of a judicial order approving such electronic surveillance, the surveillance
shall terminate when the information sought is obtained, when the application for the order is denied,
or after the expiration of seven (7) days from the time of authorization by the Secretary of Justice,
whichever is earliest

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

(4) In the event that such application for approval is denied, or in any other case where the
electronic surveillance is terminated and no order is issued approving the surveillance, no information
obtained or evidence derived from such surveillance shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any court, department, office, agency,
regulatory body, legislative committee, or other authority of the National Government, local
government unit, or their political subdivision, and no information concerning any Filipino citizen
acquired from such surveillance shall subsequently be used or disclosed in any other manner by
government officers or employees without the consent of such person, except with the approval of the
Secretary of Justice if the information indicates a threat of death or serious bodily harm to any person.

(5) The Secretary of Justice shall assess compliance with the requirements of paragraph.
SEC. 5. Emergencies Involving Non-Filipino Citizens. ~

(1) Notwithstanding any other provision of this Act, the lawfully authorized targeting of a non-
Filipino citizen previously believed to be located outside the Philippines for the acquisition of foreign
intelligence information may continue for a period not to exceed 72 hours from the time that the non-
Filipino citizen is reasonably believed to be located inside the Philippines and the acquisition is 1
subject to this Act, the Rules of Court and other laws, provided that the head of 2 an element of the
intelligence community

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

(B) Promptly notifies the Secretary of Justice of a determination under the foregoing
paragraph; and

(C) Requests, as soon as practicable, the employment of emergency electronic surveillance
under the previous section or the employment of an emergency physical search, as warranted,


(2) The authority under this subsection to continue the acquisition of foreign intelligence
information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the
following:

(A) The employment of emergency electronic surveillance under the previous section or the
employment of an emergency physical search

(B) An issuance of a court order under RA 9372 or this Act.
(C) The Secretary of Justice provides direction that the acquisition be terminated.

(D) The head of the element of the intelligence community conducting the acquisition
determines that a request under this section is not warranted.

(E) When the threat of death or serious bodily harm to any person is no longer reasonably
believed to exist.

(3) Non-publicly available information concerning consenting Filipino citizens acquired under
this subsection shall not be disseminated during the 72-hour time period under paragraph (1) unless
necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.

(4) If the Secretary of Justice declines to authorize the employment of emergency electronic
surveillance under the previous section or the employment of an emergency physical search, or a court
order is not obtained, information obtained during the 72 hour acquisition time period under paragraph

(1) shall not be retained, except with the approval of the Secretary of Justice if the information
indicates a threat of death or serious bodily harm to any person.

(5) Paragraphs (5) and (6) of the previous section shall apply to this section.

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized Electronic Surveillance; Training
of Intelligence Personnel. 18 Notwithstanding any other provision of this Act, officers, employees, or
agents of the government are authorized in the normal course of their official duties to conduct
electronic surveillance not targeted against the communications of any particular person or persons,
under procedures approved by the Secretary of Justice, solely to—

(1) Test the capability of electronic equipment, if—

(A) It is not reasonable to obtain the consent o the persons incidentally subjected to the
surveillance;

(B) The test is limited in extent and duration to that necessary to determine the capability of
the equipment;

(C) The coments of any communication acquired are retained and used only for the purpose of
determining the capability of the equipment, are disclosed only to test personnel, and are destroyed
before or immediately upon completion of the test; and:

(D) Provided, That the test may exceed ninety days only with the prior approval of the
Secretary of Justice;


(2) Determine the existence and capability of electronic surveillance equipment being used by
persons not authorized to conduct electronic surveillance, if

(A) It is not reasonable to obtain the consent of persons incidentally subjected to the
surveillance;

(B) Such electronic surveillance is limited in extent and duration to that necessary to determine
the existence and capability of such equipment; and

(C) Any information acquired by such surveillance is used only to enforce Republic Act No.
4200 or the “Anti-Wiretapping Act” or Republic Act No. 10175 or the “Cybercrime Prevention Act,
or to protect information from unauthorized surveillance; or

(3) Train intelligence personne! in the use of electronic surveillance equipment, if
(A) It is not reasonable to—

i, Obtain the consent of the persons incidentally subjected to the surveillance;
ii, Train persons in the course of surveillances otherwise authorized by this subchapter; or
iii, Train persons in the use of such equipment without engaging in electronic surveillance;

(B) Such electronic surveillance is limited in extent and duration to that necessary to train the
personnel in the use of the equipment; and

(C) No contents of any communication acquired are retained or disseminated for any purpose,
but are destroyed as soon as reasonably possible.

‘SEC. 7. Retention of Certifications, Applications and Orders. - Certifications made by the
Secretary of Justice pursuant to Section 4 of this Act and applications made and orders granted under

this Act shall be retained for a period of at least ten years from the date of the certification or
application

SEC. 8. Bar to Legal Action. — No cause of action shail lie in any court against any provider
of a wire or electronic communication service, landlord, custodian, or other person (including any
officer, employee, agent, or other specified person thereof) that furnishes any information, facilities,
or technical assistance in accordance with a court order or request for emergency assistance under this
Act for electronic surveillance.

SEC. 9. Use of Information. -

(a) Compliance with Minimization Procedures; Privileged Communications; Lawful Purposes
- Information acquired from an electronic surveillance conducted pursuant to this Act concerning any
Filipino citizen may be used and disclosed by officers and employees of the government without the
consent of the Filipino citizen only in accordance with the minimization procedures required by this
Act. No otherwise privileged communication obtained in accordance with, or in violation of, the
provisions of this Act shall lose its privileged character. No information acquired from an electronic

surveillance pursuant to this Act may be used or disclosed by officers or employees of the government
except for lawful purposes


(b) Statement for Disclosure. — No information acquired pursuant to this Act shall be disclosed
for law enforcement purposes unless such disclosure is accompanied by a statement that such
information, or any information derived therefrom, may only be used in a criminal proceeding with
the advance authorization of the Secretary of Justice.

(c) Notification by the Government. - Whenever the government intends to enter into evidence
or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the Philippines, against a surveilled
person, any information obtained or derived from an electronic surveillance of that surveilled person
pursuant to the authority of this Act, the government shall, prior to the trial, hearing, or other
proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit
it in evidence, notify the surveilled person and the court or other authority in which the information is
to be disclosed or used that the government intends to so disclose or so use such information.

(a) Motion to Suppress. - Any person against whom evidence obtained or derived from an
electronic surveillance to which he is a surveilled person is to be, or has been, introduced or otherwise
used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer,
agency, regulatory body, or other authority of the government, may move to suppress the evidence
obtained or derived from such electronic surveillance on the grounds that —

(1) The information was unlawfully acquired; or

(2) The surveillance was not made in conformity with an order of authorization or approval.
Such a motion shall be made before the trial, hearing, or other proceeding unless there was no
opportunity to make such a motion or the person was not aware of the grounds of the motion.

(c) In Camera and Ex Parte Review by Trial Court. - Whenever a court or other authority is
notified pursuant to subsection (c) or (d), or whenever a motion is made pursuant to subsection (d), or
whenever any motion or request is made by a surveilled person pursuant to any other statute or rule
before any court or other authority of the government to discover or obtain applications or orders or
other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or
information obtained or derived from electronic surveillance under this Act, the trial court shall,
notwithstanding any other law, if the Secretary of Justice files an affidavit under oath that disclosure
or an adversary hearing would harm the national security of the Philippines, review in camera and ex
parte the application, order, and such other materials relating to the surveillance as may be necessary
to determine whether the surveillance of the surveilled person was lawfully authorized and conducted.
In making this determination, the court may disclose to the surveilled person, under appropriate
security procedures and protective orders, portions of the application, order, or other materials relating

to the surveillance only where such disclosure is necessary to make an accurate determination of the
legality of the surveillance.

(1) Suppression of Evidence; Denial of Motion. — If the trial court pursuant to subsection (e)
determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with
the requirements of law, suppress the evidence which was unlawfully obtained or derived from
electronic surveillance of the surveilled person or otherwise grant the motion of the surveilled person.
If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the
motion of the surveilled person except to the extent that due process requires discovery or disclosure.
(£) Finality of Orders. - Orders granting motions or requests under subsection (g), decisions under this
section that electronic surveillance was not lawfully authorized or conducted, and orders of the trial
court requiring review or granting disclosure of applications, orders, or other materials relating to a


surveillance shall be executory except when restrained by the Court of Appeals or the Supreme Court.
(h) Destruction of Unintentionally Acquired Information. — In circumstances involving the
unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of
any communication, under circumstances in which a person has a reasonable expectation of privacy
and a warrant would be required for law enforcement purposes, and if both the sender and all intended
recipients are located within the Philippines, such contents shall be destroyed upon recognition, unless
the Secretary of Justice determines that the contents indicate a threat of death or serious bodily harm
to any person. (i) Notification of Emergency Employment of Electronic Surveillance; Contents;
Postponement, Suspension or Elimination. ~ If an emergency employment of electronic surveillance
is authorized under Sections 4 or 5 of this Act and a subsequent order approving the surveillance is
not obtained, the judge shall cause to be served on any Filipino citizen named in the application and
on such other Filipino citizens subject to electronic surveillance as the judge may determine in his
discretion it is in the interest of justice to serve, notice of — the fact of the application; the period of
the surveillance; and the fact that during the period information was or was not obtained.

On an ex parte showing of good cause to the judge the serving of the notice required by this
subsection may be postponed or suspended for a period not to exceed ninety (90) days. Thereafter, on
a further ex parte showing of good cause, the court shall forego ordering the serving of the notice
required under this subsection,

(1) Coordination with Law Enforcement on National Security Matters. -

(1) Government officers who conduct electronic surveillance to acquire foreign intelligence
information under this Act may consult with law enforcement or military officers or personnel to
coordinate efforts to investigate or protect against

(A) Actual or potential attack or other grave hostile acts of a foreign entity or an agent of a
foreign entity;

(B) Sabotage, international terrorism, or the international proliferation of weapons of mass
destruction by a foreign entity or an agent of a foreign entity; or

(C) Clandestine intelligence activities by an intelligence service or network of a foreign entity
or by an agent of a foreign entity.

(D) Coordination authorized under this paragraph shall not preclude the certification required
by Section 3 of this Act or the entry of an order under R.A. No. 9372.

SEC. 10. Report to Supreme Court office of the Court Administrator Office and to Congress.
~In April of each year, the Secretary of Justice shall transmit to the Supreme Court Office of the Court

Administrator and to the Senate and House of Representatives a report setting forth with respect to the
preceding calendar year—

(a) The total number of applications made for orders and extensions of orders approving
electronic surveillance under this Act; and

(b) The total number of such orders and extensions either granted, thodified, or denied.


SEC. 11. Report of the Secretary of Justice to Congressional Committees; Limitation on
Authority or Responsibility of Information Gathering Activities of Congressional Committees; Report
of Congressional Committees to Congress. —

(1) Ona semiannual basis the Secretary of Justice shall fully inform the Committee on National
Defense and Security of the House of Representatives and the Committee on Justice and Human Rights
of the Senate concerning all electronic surveillance under this Act. Nothing in this Act shall be deemed
to limit the authority and responsibility of the appropriate committees of each House of Congress to
obtain such information as they may need to carry out their respective functions and duties,

(2) Each report under the first sentence of paragraph (1) shall include a description of —

(A) The total number of applications made for orders and extensions of orders approving
electronic surveillance under this Act where the nature and location of each facility or place at which
the electronic surveillance will be directed is unknown;

(B) Each criminal case in which information acquired under this Act has been authorized for
use at trial during the period covered by such report;

(C) The total number of emergency employments of electronic surveillance under Sections 4
and 5 this Act and the total number of subsequent orders approving or denying such electronic
surveillance; and

(D) the total number of court authorizations under RA 9372 and the total number of subsequent
emergency employments of electronic surveillance under Sections 4 and 5 of this Act.

(b) On or before October 30 of each year, the Committee on National Defense and Security of the
House of Representatives and the Committee on Justice and Human Rights of the Senate shall report
to their respective chambers concerning the implementation of this Act. Said reports shall include but
not be limited to an analysis and recommendations concerning whether this Act should be

(1) Amended,
(2) Repealed, or
(3) Permitted to continue in effect without amendment.

SEC. 12. Criminal Sanctions. -

(a) Prohibited Activities. — A person is guilty of an offense if he intentionally

(1) Engages in electronic surveillance under color of law except as authorized by this Act or
other laws;

(2) Discloses or uses information obtained under color of law by electronic surveillance,
knowing or having reason to know that the information was obtained through electronic surveillance
not authorized by this Act nor other laws.

(b) Defense. - It is a defense to a prosecution under subsection
(a) That the defendant was a law enforcement or investigative officer engaged in the course of his

official duties and the electronic surveillance was authorized by and conducted pursuant to a search
warrant or court order of a court of competent jurisdiction.


(c) Penalties. - Offenses described in this section are punishable under 15 any of the crimes
defined in Republic Act No. 10175 or the Cybercrime Prevention Act in their maximum periods.

SEC. 13. Civil Liability. — A surveilled person, other than a foreign entity or an agent of a
foreign entity, as defined in Section 2(a) or (b\(1)(A) of this Act, respectively, who has been subjected
to an electronic surveillance or about whom information obtained by electronic surveillance of such
person has been disclosed or used in violation of Section 12 of this Act shall have a cause of 1 action
against any person who committed such violation and shall be entitled to civil damages as may be
defined in the Civil Code

SEC. 14. Authorization During Time of War. - Notwithstanding any other law, the President,
through the Secretary of Justice, may authorize electronic surveillance without a court order under RA
9372 or this Act to acquire foreign intelligence information for a

(15) calendar days following a declaration of war by the Congress.

SEC, 15. Extra-Territorial Application of this Act. - Subject to the provision of an existing
treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply:

(1) To individual persons who commit any of the crimes defined and punished in this Act
within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines;

(2) To individual persons who, although physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act
inside the 16 territorial limits of the Philippines;

(3) To individual persons who, although physically outside the territorial limits of the Philippines,
commit any of the 18 said crimes on board Philippine ship or Philippine airship;

(4) To individual persons who commit any of said crimes within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine government in an official capacity:

(5) To individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and

(6) to individual persons who, although physically outside the territorial limits of the Philippines,
‘commit said crimes directly against the Philippine government.

SEC. 16. Separability Clause, ~ If for any réason any part or provision of this Act is declared

unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.

SEC. 17. Repealing Clause. — RA 9372 and all laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act are

SEC. 18. Special Effecti

Clause. - After the bill shall have been signed into law by the
President, the Act shall take ef

t after its publication in three (3) newspapers
Approved,