THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
SENATE 
S. NO. 17u;,'i5 
Introduced by Senator ALFRED0 S. LIM 
EXPLANATORYNOTE 
The terrorist attack in Russia that had claimed the lives of hundreds of innocent 
civilians mostly children and now recently the bombing of the Australian Embassy in 
Jakarta, Indonesia which allegedly killed eight (8) persons and left scores of wounded 
civilians are wake up calls to us that we must give serious concern on the need to enact a 
law that will address the problem of terrorism with vigor. 
We recall that the 9-11 terrorist attacks in various parts of the United States had 
claimed over three thousand lives of innocent people and destroyed properties worth 
billions of pesos. 
The United States lost no time in addressing the problem and 
formulated stricter domestic and foreign policies through responsive legislation and 
administrative regulations. 
International terrorism poses a continuous threat to humanity in unprecedented 
scale and with greater devastation.' It knows no border and recognizes no mortality. It is 
perpetrated by men with depraved minds who plainly harbor real or imagined harm in 
pursuit of their senseless and inhuman ideology and who indiscriminately inflict damage 
or take the lives of anyone caught in its path. 
Terrorists conceal their whereabouts through the use of false identities and 
sophisticated methods but strike anytime against hapless victims. 
Local terrorist organizations like Abu Sayyaf Group with links to A1 Quaeda have 
launched attacks in various parts of the country in the guise of kidnapping with ransom 
innocent Filipinos and foreigners. It must be fought tooth and nail and on every fronts 
available and allowable to all peace-loving and civilized nations lest we become its 
hostage . 


The bill seeks to define acts constituting terrorism and making it a heinous crime 
justifying the imposition of capital punishment. 
It likewise provides deterrence to avert their possible commission by granting the 
government ample power to detect the whereabouts of terrorists, their funds and schemes 
of operation. 
With proper court order, searches of places, inquiry into bank accounts and 
identifying local and foreign members of terrorist groups may be carried out with due 
regard to the fundamental right of everyone. 
Senator 


THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
SENATE 
Introduced by SEN. ALFRED0 S. LLM 
AN ACT 
TO DETER AND PUNISH ACTS OF TERRORISM 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 and cited as the "Anti- 
Terrorism Act of 2004. " 
Section 2. Declaration of Policy.- 
acts of terrorism be considered as heinous crimes against humanity, and that conspiracy 
as well as proposal to commit the same and membership in a terrorist organization or 
association be regarded as criminal offenses. 
It is hereby declared a policy of the State that 
Acts of terrorism are hereby condemned and all powers and resources of the State 
shall be utilized in deterring, preventing and punishing such acts with due regard to due 
process and civil rights, existing international agreements and United Nations (U.N .) 
Resolutions. 
Further, the State recognizes the nature of the acts of terrorism which knows no 
boundaries and as such it shall ensure full cooperation with all nations in the fight against 
the same. 


Section 3. Acts of Terrorism 
- 
Any of the following acts shall constitute 
terrorism: 
1) Causing or attempting or threatening to cause the wanton destruction or loss of 
lives, liberties or properties through any means with the intent of sowing terror to 
the public, changing or impeding the operation of public utilities, or disturbing 
public peace and order whether internationally or domestically, or in the 
advancement of ideological, political, religious, ethnic, or cultist belief, or any 
form of belief espousing any cause or purpose; 
2) Using or attempting or threatening to use force with the aid of weapons, such 
as, but not limited to, biological or chemical agents, bombs or explosives, nuclear 
devices, firearms, poisonous substances, or any other kind of weapons of mass 
destruction with any of the intentions mentioned in paragraph 1; 
3) Assassinating or attempting or threatening to assassinate any national leader or 
any internationally protected individual with the end view of obtaining any of the 
ends stated in paragraph 1; 
4) Detaining or attempting or threatening to detain the persons mentioned in 
paragraph 3 for any of the intentions stated in paragraph 1; 
Section 4. Conspiracy to Commit Terrorism - 
The crime of 
conspiracy to 
commit terrorism shall be committed when two (2) or more persons come to an 
agreement to commit terrorism and decide to commit it without committing any of the 
acts mentioned in Section 3 hereof. 
Section 5 .  Proposal to Commit Terrorism 
terrorism shall be committed by any person who decides to commit any act of terrorism 
and proposes its commission. 
- 
The crime of proposal to commit 
Section 6. Membership in Terrorist Organization or Associationr 
any 
person 
who knowingly, willfully or by overt acts affiliates with, or becomes a member or retains 
such membership in any organization, group or association, foreign or domestic, whose 


purpose includes any conduct to commit or tending to commit terrorism, within or 
outside the country, shall suffer, after final conviction, the penalty of prision mayor as 
provided for under the Revised Penal Code. 
Section 7. Authority to Conduct Secret Searches and to Intercept and Undertake 
Surveillance.- 
Any provision of the law to the contrary notwithstanding, in cases 
involving terrorism, conspiracy or proposal to commit treason, or membership in a 
terrorist organization or association, law enforcement agencies, pursuant to a judicial 
order to be issued after application of the Secretary of Justice or his duly authorized 
representative before the appropriate Regional Trial Court, herein referred to a the Court, 
within whose territorial jurisdiction the acts for which the authority is applied for have 
been committed, are being committed, are about to be committed, may conduct searches 
of the homes and residences and conduct electronic surveillance and/or tap, monitor or 
intercept any wire, cable, oral, or any other communication transmission facility, 
including the internet, e-mail, voicemail and text messages of any person suspected of 
1)being a participant in or perpetrator of acts of terrorism, or the crime of conspiracy or 
proposal to commit terrorism; or 2)being a member of a terrorist organization or 
association. 
The judicial order mentioned herein shall be issued by the judge upon finding of 
probable cause that the crime of terrorism, or the crime of conspiracy or proposal to 
commit treason, or membership in a terrorist organization or association has been 
committed, is being committed, or is about to be committed, after examination under oath 
of the applicant and the witnesses who may be produced. 
The judicial order shall specify, if known, the true name of the person and the 
address of his homes or residences, against whom such search and/or surveillance or 
tapping are to be applied, otherwise, a description sufficient to identify such person or 
residences may be had. It shall likewise state the names or code names, for security 
reasons, of intelligence or law enforcement agents or personnel who shall conduct the 
said search andlor surveillance or tapping. Moreover, the offense or offenses committed 
or sought to be investigated upon, solved or prevented, shall also be stated as well as the 
period of effectivity of the order. 


Intelligence or law enforcement agents or personnel concerned shall promptly and 
immediately, within thirty-six (36) hours from the expiration of the period stated in the 
order, turn over all data gathered to the court which issued said order. The latter shall 
seal and safeguard the same from any tampering and shall appoint the clerk of court to 
serve as the guardian of said data gathered. Such data shall not be opened unless a valid 
order is issued therefore by the competent court. 
The turn over shall be accompanied by affidavits executed by the Intelligence or 
law enforcement agents or personnel who conducted the search and/or surveillance 
stating therein the manner how they were conducted, the number of times they were 
done, and the pertinent time and place for such search, tapping or surveillance. Such 
affidavits shall be jointly sealed and safeguarded with the data gathered. 
Any person who shall, without any valid authority issued therefore, divulge any 
information respecting the data gathered shall suffer the penalty of six (6) months 
imprisonment or a fine of twenty thousand pesos (P20,OOO.OO) or both at the discretion of 
the court. 
The data gathered pursuant to this section shall be admissible in court as evidence 
only with respect to crimes herein defined and penalized. 
Section 8. Authority to Inquire into all Kinds of Bank Deposits. - 
Any 
provision of the law to the contrary notwithstanding, inquiry into peso or foreign 
currency bank deposits of suspected terrorists, or terrorist organizations or associations, 
local or international, may also be had pursuant to the provisions of Section 7 herein 
where there is sufficient ground to believe that sums of money are being laundered to 
finance acts of terrorism. 
Any provision of the law to the contrary notwithstanding, upon finding of such 
sufficient ground as determined by the appropriate Regional Trial Court, such bank 
deposits shall be automatically be devoid of secrecy and shall be made available for 
investigation and prosecution purposes. 


Section 9. Deportation and Refusal of Entry - 
This provision shall apply to 
foreign nationals found guilty by final judgement of the acts mentioned in Sections 3, 4, 5 
and 6 of this Act who, after service of sentence, shall be immediately deported to the 
country which issued his or her passport. Otherwise, if he or she is stateless or has been 
issued a void passport or no longer holds a valid passport, to his or her country of origin 
immediately preceding his or her entry into the Philippines. 
A foreign national suspected of being involved in any of the acts mentioned in 
Sections 3, 4, 5 and 6 shall likewise be treated as an undesirable alien who shall be 
immediately denied entry into the Philippines. 
A foreign national is a suspect if he or she is known to be a member of any 
terrorist organization or association or has been involved in any terrorist activities. 
Section 10. Penalties. 
- 
in Section 3 of this Act shall suffer the penalty of reclusion perpetua to death and a fine 
of ten million pesos (PlO,OOO,OOO.OO). 
Any person who commits any of the acts enumerated 
Any person who commits the acts mentioned in Sections 4 and 6 of this Act shall 
suffer the penalty of reclusion perpetua and a fine of one million pesos (Pl,OOO,OOO.OO). 
Any person who commits the act mentioned in section 5 hereof shall suffer the 
penalty of reclusion temporal and a fine of five hundred thousand pesos (P500,OOO.OO). 
Section 11. Anti-Terrorism Commission. 
- 
Terrorism Commission (ATC), hereinafter referred to as the "Commission, " which shall 
be under the direct supervision and control of the President composed of the Secretaries 
of Justice, the Interior and Local Government, Foreign Affairs, National Defense, and 
Health, and the Director General of the National Security Council. The Judicial and the 
Legislative branches of government shall likewise be represented by the Court 
Administrator of the Supreme Court, and the Chairpersons of the Senate and the House of 
Representatives committees on National Defense and Public Order, respectively. It shall 
serve as the central policy-making, supervising and coordinating agency of the 
government on matters of terrorism. 
There is hereby created an Anti- 


The Secretariat of the Commission shall be drawn from existing staff members of 
the National Security Council and such other government Department, Bureau or Agency 
as may be necessary who shall not receive any additional salary. 
The Commission is herebymandated, not later than forty-five (45) days after the 
effectivity of this Act, to formulate and come up with a comprehensive and effective anti- 
terrorism plan and program to deter and prevent acts of terrorism to include, among 
others, exhaustive preparations necessary for the government and the country to cope 
with all forms of terrorist attacks such as, but not limited to, the use of biological, 
chemical or nuclear weapons, or other weapons of mass destruction. 
Section 12. Appropriations. 
- 
The Amount of Twenty Five Million Pesos 
(Php25,000,000.00) is hereby authorized to be appropriated to the Commission as initial 
funding chargeable against any available funds of the Office of the President. 
Thereafter, the amount needed by the Commission to effectively carry out the 
purpose of this Act shall be included in the Annual General Appropriations Act. 
Section 13. Separability Clause. - 
If for any reason a provision, portion or section 
of this Act shall be declared unconstitutional, the remainder shall not be affected thereby. 
Section 14. Repealing Clause. - 
All laws, presidential decrees, executive orders, 
rules and regulations or any part thereof inconsistent with the provisions of this Act are 
hereby deemed repealed or modified accordingly. 
Section 15. Effectivity Clause. - 
complete publication in two (2) newspapers of general circulation. 
This Act shall take effect immediately after its 
Approved,