FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
·SENATE 
Senate Bill No.7S 5 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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. 
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 informed 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. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 7 6 5 
<i 
) 
• 
.,- .•... -hl.:,'r,~i 
OrifiCE {)V 
, 
, 
, 
) 
) 
1 0 JUL -1 P ,1 :'" 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ENSURING ACCOUNTABILITY IN INTELLIGENCE ACTIVITIES AND IN THE 
USE OF INTELLIGENCE AND CONFIDENTIAL FUNDS GRANTED TO ALL 
GOVERNMENT AGENCIES, ESTABLISHING FOR THE PURPOSE A JOINT 
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 it enacted by the Senate and the House of Representatives in Congress 
assembled 
' 
SECTION 1. This Act shall be known as the 'Intelligence Oversight Act 
of 2010. " 
SEC. 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. 
SEC. 3. Joint Congressional Intelligence Committee. - A Joint 
Congressional Intelligence Committee is hereby established, which shall, subject 
to the Constitution, perform the oversight functions 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 ex-officio members of the Joint 
Congressional Intelligence Committee. 
SEC. 4. General Provisions on Congressional Intelligence Oversight. 
(a) The President shall elJsure 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. 
(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. 
SEC. 5. Protecting the Confidentiality of Intelligence Activities and 
other Classified Information. - The Joint Congressional Intelligence Committee 
shall establish procedures, subjt;lct to the approval of the Senate and the House 
of Representatives, to-
(a) protect from unauthorized disclosure all classified information, and all 
information relating to intelligence sources and methods, that is furnished to the 
Joint Congressional Intelligence Committee under this act; and 
(b) penalize members that violate the confidentiality of the Committee's 
proceedings. 
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. 


SEC. 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 -
(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. 
. 
SEC. 7. Finding of the Joint Congressional Intelligence Committee. -
In accordance with the 
proc~dures 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. 
SEC. 8. Funding of 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 Philipp!ne 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. 
SEC. 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, agency, 
or entity of the Philippine Government for intelligence or intelligence-related 


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. 
SEC. 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. 
SEC. 11. Repealing Cia lise. - 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. 
SEC. 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,