T 
ENTH CONGRE 
OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
S. B. NO. 
Introduced by Senator Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
The I 1  September 2001 terrorist attacks in the United States shook the very core 
not only of that country but that of the entire free civilized world. The shock and 
horror felt by countless people all over the globe reverberates even now especially 
by the families of those who died in the attack, for years, if not lifetimes to come. 
Democratic institutions have never faced such a terrible challenge -terrorism. 
Once again rearing its ugly head but this time on such an unprecedented scale 
and devastating effect - left in its wake is the threat of more heinous attacks possibly 
with the use of weapons of mass destruction that have portents of dire and 
unimaginable consequences. That it could strike the most powerful and richest 
country in the planet has left nations and peoples across the globe with a profound 
sense of insecurity and unease. 
This menace cuts across borders and recognizes no morality. Perpetrated by 
people with no conscience who harbor real or imagined hurts and who pursue a 
mindless ideology or cause, its victims are most often than not blameless civilians 
who are killed with no compunction. Terrorists hide themselves deep underground 
using false identities and employing highly sophisticated methods and cutting edge 
technology to further their nefarious ends. They can strike anywhere, anytime and 
against hapless victims. 
Our country is no exception. Homegrown terrorist organizations, like the Abu 
Sayyaf Group, who have known links to the AI Quaeda Global Terror Network, have 
in the past, and until recently, launched terrorist depredations that have brought our 
country into the international limelight and caused us untold economic and other 
losses. That terrorism has apparently been cartelized and has long gone global 


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cannot be denied. It has to be fought tooth and nail and on all fronts using every 
means available and allowable by all peace-loving and civilized nations lest we 
become hostage to, and forever live in dead of, it. Thus, this proposed legislative 
rneasu re. 
Early approval of this bill is earnestly sought. 
ClTO ESTRADA 
enator 


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S E N A T  
S.B. Nd: 
htroduced by Sen. Jinggoy Ejercifo Esfrada 
AN ACT 
TO DEFINE AND PENALIZE ACTS OF TERRORISM AND FOR OTHER PURPOSES 
Be it enacted by the Senate and 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". 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
protect the lives and properties of the people against all acts of terrorism and to 
condemn terrorism as a crime against humanity. Towards this end, the State shall 
adopt all adequate, efficient and effective counter measures to fight, suppress and 
penalize all acts of terrorism with due regard to and respect for the fundamental rights 
and freedoms of the people guaranteed under the Constitution. 
Further, the State recognizes the transnational nature of terrorism and shall 
maintain full cooperation with all nations in the fight against the same in accordance 
with due process, existing international, regional, multi-lateral and bi-lateral agreements 
or instruments, and United Nations resolutions. 
SEC. 3. Terrorism. - How Committed. - Terrorism is committed by the 
premeditated use or threatened use of serious violence, force, or by any other means of 
destruction perpetrated against civilians or non-combatants, or against properties with 


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Acts of terrorism may be committed through any of the following means: 
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(1) hijacking or threatening to hijack any kind of aircraft, ship, vessel, electric or 
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railroad train, locomotive, passenger bus or other means of mass 
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transportation, or public conveyance. 
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(2) Taking or threatening to kidnap, or take hostage any person, in order to 
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compel, coerce, for force another person, whether natural or juridical, 
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including the government or any of its agencies or instrumentalities, to give 
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something of value or a sum of money as ransom, or in order for that other 
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person to do or abstain from doing any act or decision as a condition for the 
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release or non-taking of the hostages. 
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segment thereof; 
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international humanitarian law; 
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(6) Causing serious damage to property, the environment and national 
the intention of instilling a state of common danger, panic or fear, or of coercing or 
intimidating the public or government. 
(3) Causing or threatening to cause death or serious bodily harm to a person or 
persons, or to cause a serious risk to the health or safety of the public or any 
(4) Killing of, or violent attack upon, an internationally protected person or upon 
the liberty of such person in violation of the Convention on the Protection and 
Punishment of Crimes Against Internationally Protected Persons, including 
Diplomatic Agents, and other international agreements; 
(5) Causing serious interference with, or serious disruption of an essential 
service, vital facility, critical infrastructure, including the mass transmission of 
virus on the internet, other than as a result of advocacy, grievance, protest, 
dissent, strike, or an armed conflict provided the same is in accordance with 


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patrimony; 
(7) Causing or threatening to cause mass destruction through the use of 
biological or chemical agents, noxious, poisonous or radioactive substances 
or materials, nuclear devices, explosives firearms, or any other kind of lethal 
weapon, material, or substance, or resorting to arson; 
(8) Manufacture, possession, acquisition, transport, diversion, supply, use or sale 
of explosives, biological agent, chemical agent, nuclear weapon, materials or 
equipment and instruments in furtherance of terrorism. 
Any person who, directly or indirectly, commits any acts of terrorism shall suffer 
the penalty of life imprisonment to death. If the penalty imposed is life imprisonment, a 
fine ten million pesos (Php 10,000,000.00) shall also be imposed. 
Any person who manufactures, possesses, acquires, transports, diverts, 
supplies, uses or sells explosives, biological agent, chemical agent, nuclear weapon, 
materials or equipment and instruments in furtherance or terrorism shall suffer the 
penalty of life imprisonment and a fine of ten million pesos (Php 10,000,000.00). 
SEC. 4. Conspiracy to Commit Acts of Terrorism,- There is a conspiracy to 
commit terrorism when two (2) or more persons come to an agreement to commit any 
act of terrorism as defined in Section 3 of this Act and decide to commit it. 
The conspiracy to commit any act of terrorism shall be punished by imprisonment 
from ten (1 0) years and one (1 ) day to fifteen (1 5) years with a fine of five million pesos 
(Php 5,000,000.00). 
SEC. 5. Participation in any Acf of Terrorism.- Any person who, with the 
intent to facilitate any act of terrorism knowingly participates in any of the following 
activities: 
(1) 
establishing or maintaining, or in serving as, contact or link with any 


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person or persons that are known to have pursued or are pursuing 
terrorist activities; 
(2) 
procuring weapons, bombs, explosives, devices, spare parts, and 
other accessories thereof; 
providing training to any person or persons to carry out terrorist 
activities, or 
arranging or assisting in the conduct of a meeting of two (2) or more 
persons, knowing that the meeting is to support or further the terrorist 
activities; shall suffer the penalty of imprisonment from fifteen years 
(15) and one (1) day to twenty (20) years with a fine of eight million 
pesos (Php 8,000,000.00). 
(3) 
(4) 
SEC. 6. Financing of Materially Supporting Any Act of Terrorism,- (a) It shall 
be unlawful for any person, group, organization or entity to knowingly provide properties 
or finances, or possess them for the commission of terrorism as herein defined or 
facilitate in any way the provision or possession of such properties of finances, and it 
shall carry with it the penalty of life imprisonment and a fine of ten million pesos 
(P h p l  0,000,000 .OO). 
SEC.7. Harboring or Concealing.- Any person who harbors or conceals any 
person whom he/she knows to be a person who has carried out or is about to carry out 
a terrorist activity shall suffer the penalty of imprisonment of ten ( I O )  years and one (1) 
day to fifteen (1 5) years and a fine of five million pesos (Php5,000,000.00). 
SEC. 8. Penalty for infidelity in the custody of prisoners under this Act.- 
Any public officer or private person who shall have custody of a prisoner under the 
provisions of this Act and who have caused the escape of such prisoner whether 
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through the public officer or the private persons consent or negligence shall suffer the 


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following penalties: 
1) 
Imprisonment of ten (IO) years and one (1) day to fifteen (15) 
years, if a fugitive shall have been sentenced by final judgment 
to any penalty; 
Imprisonment of five (5) years and one (1) day to ten ( I O )  years 
if the fugitive shall not have been finally convicted but only held 
as a detention prisoner. 
2) 
Sec. 9. Making False Threats of Act of Terrorism.- It shall be unlawful for any 
person to : 
(1) 
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communicate or make available by any means, any information 
which he/she knows or believes to be false to another person 
with the intention of inducing in him/her any other person a 
false belief that a terrorist act has been, is being or will be 
carried out; or 
place any article or substance in any place, or dispatch any 
article or substance by mail or by any other means of sending 
things from one place to another, with the intention of inducing 
in another person a false belief that- 
(i) 
the article or substance is likely to explode or ignite and thereby 
cause personal injury or damage to property; or 
the article contains or the substance consists of any dangerous, 
hazardous, radioactive or harmful substance; any toxic chemical; 
or any microbial or other biological agent, or toxin, that is likely to 
cause death, disease or personal injury or damage to property. 
(ii) 
For the purpose of subsections (I) 
and (Z), a reference to a person 


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inducing in another person a false belief does not require the first-mentioned 
person to have any particular person in mind as the person in whom helshe 
intends to induce the false belief. 
If the false threat did not result to death, disease, personal injury or 
damage to property, the penalty of imprisonment from six (6) months to one (I) 
year or a fine of fifty thousand pesos (Php 50,000,000.00) shall be imposed. 
If the false threat resulted to death, disease, personal injury or damage to 
property , the penalty of imprisonment from one (I) year and (I) 
day to six (6) 
years and a fine one hundred thousand pesos (Php 100,000.00) shall be 
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imposed. 
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SEC. I O .  Arrest and Defenfion.- Any person arrested for violation of this Act, 
pursuant to rule I 1  3, Section 5, paragraphs (a) and (b), of the Rules of Court, may be 
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detained for an inquest period of not more than fifteen (15) working days following 
hidher arrest. 
The period of detention may be extended beyond fifteen (15) days if the person 
arrested without a warrant demands for a preliminary investigation and consents to it in 
writing and in the presence of his or her counsel, helshe shall be entitled to all the rights 
under the RA No. 7438 , otherwise known as “An Act Defining Certain Rights of 
Persons Arrested, Detained, or Under Custodial Investigation”. 
SEC. 11. Witness frofecfion. - Any person who provides material information, 
whether testimonial or documentary, necessary for the investigation or prosecution of 
individuals suspected or accused of committing any of the offense under Sections 
3,4,5,6, and 7 herein shall be placed under the Witness Protection Program pursuant to 
Republic Act 6981. 
SEC. 12, Immunity from frosecufion.- Any person who serves as a witness 


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for the government or provides evidence in a criminal case involving any violation of this 
Act, or who voluntarily or by virtue of a subpoen testificandum or duces tecum, 
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produces, identifies, or gives testimony on, but not limited to, books, papers, 
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documents, tapes containing words, sounds, pictures, or images, photos, maps, 
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diagrams, sketches, recording, disc, or any other form of written, recorded, or real 
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evidence, shall be immune from any criminal prosecution, subject to the compliance 
with the provisions of PD 1732 otherwise known as Decree Providing Immunity from 
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Rules of Court. 
Criminal Prosecution to Government Witnesses and the pertinent provisions of the 
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SEC. 13. Prosecution, Judgment and/or Convicfion- Any person may be 
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charged with or convicted of acts of terrorism without prejudice to the prosecution of any 
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other act or acts penalized under the Revised Penal Code which are not absorbed in 
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the offense of terrorism. 
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When there is a variance between the act of terrorism charged in the complaint 
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or information, and that proved or established by the evidence, the accused shall be 
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convicted of the offense proved included in the charge of terrorism if the intent sow 
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terror or intimidate or coerce the government or the public was not proven during the 
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trial. No person, however, shall be twice put in jeopardy of punishment for the same 
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offense. 
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Sec. 14. Penalty for Juridical Person, Alien or Public Officer.- If the offender 
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is a corporation, association partnership, the corresponding penalty provided in this Act 
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shall be imposed upon its responsible officers, directors, or trustees who knowingly 
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participated in the commission of any violation of this Act or who knowingly permitted or 
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failed to prevent its commission, If the offender is an alien, he or she shall, in addition 
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to the penalties herein prescribed, be summarily deported after serving the sentence. If 


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the offender is a public official or employee, he or she shall, in addition to the penalties 
prescribed herein, be barred from holding public offices. 
Sec. 15. Applicability of Republic Act No. 9760, as Amended by Republic 
Act No. 9794.- Terrorism as defined and punished under this Act shall be considered 
an unlawful activity under RA 9160, otherwise known as the Anti-Money Laundering Act 
of 2001, as amended by RA 9194. For this purpose, all matters involving monetary 
instruments or property used or intended to be used for terrorist activities shall be 
subject to provisions of Sections 10 and I 1  thereof. 
Provided, that deposits or 
investment with any banking institution or non-bank financial institution may be inquired 
into or examined without prior court order pursuant to RA 9160, as amended. 
SEC. 16. Applicability of Republic Act No. 4200.- The provisions of RA 4200, 
otherwise known as the Anti-Wire Tapping Act shall apply to include all offenses 
punishable under this Act. 
SEC. 17. Provisional Remedies.- Upon the filing of the information for any 
violation of this Act, the Regional Trial Court may, upon verified motion of any 
appropriate government agency, issue temporary restraining order, writ of injunction, 
write of attachment or garnishment or other equitable provisional relief, or take other 
appropriate action, for the tracking, seizure, preservation, disabling, disposal, 
disarmament or destruction of the property, found to be utilized in terrorist activity to 
prevent the same from being removed, concealed, dissipated, destroyed, disseminated, 
activated, transferred, assigned, otherwise dispose of during the pendency of the 
criminal proceedings. 
SEC.18. Mutual Assistance and Cooperation between the Philippines and 
ofher Sfates or lnfernational 0rganizafions.- When a foreign State or International 
Organization makes a request for assistance concerning any matter related to any act 


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of terrorism, the council as created under Section 22 of this Act shall take the 
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appropriate action on the matter, provided that such request does not contravene the 
Constitution or any existing law. Any request of the Philippine Government to a foreign 
State or International Organization shall be coursed through the Council. 
SEC.19. Anfi-Terrorism Council.- There is hereby created an Anti-Terrorism 
Council, hereinafter referred to as the “Council’ .which shall be under the supervision 
and control of the President, who shall serve as it chairperson, with the Secretary of 
Justice and the Secretary of the Interior and Local Government as it vice-chairpersons, 
and with the following members: Secretary of National Defense, Secretary of Foreign 
Affairs, Secretary of Transportation and Communications, the National Security Advisor; 
and such other members of that may be appointed by the President. 
The council shall serve as the central policy-making, supervising, coordinating 
and monitoring body of the government on all matters of domestic and international 
terrorism. The council shall keep records of the proceedings and decisions, and such 
records shall be subject to such security classifications as the Council may, in its sound 
discretion, direct to safeguard the national interest. 
The president may designate a primary agency which shall carry out and 
implement policies of the council, The president shall likewise designate a secretariat 
for the Council from the existing government agencies involved on anti-terrorism efforts 
without any additional salary, compensation, allowance, or any other form of 
emoluments for such personnel to be assigned to the Council’s secretariat. 
In addition to their normal functions, the National Intelligence Coordinating 
Agency shall be the technical adviser to the Council and with the following support 
agencies to the Council: National Bureau of Investigation, Bureau of Immigration, Office 
of the Civil Defense, Intelligence Service of the Armed Forces of the Philippines, Anti- 


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Money Laundering Council, Philippine Center on Transnational Crime, and the 
intelligence and investigative elements of the Philippine National Police shall serve as 
support agencies for the Council. 
The Council shall, not later than one hundred eighty (180) days after the 
effectivity of the Implementing Rules and Regulations, 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. 
SEC. 20. Functions offhe Council.- In pursuit of its mandate under Section 19, 
the Council shall have the following functions: 
a. formulate and conduct policy researches and studies in 
addressing terrorism. 
b. Direct the conduct of anti-terrorism and counter-terrorism 
measures and post conflict actions to address the effects of 
terrorism. 
c. Cause or direct the immediate investigation and speedy 
prosecution of cases involving acts of terrorism and monitor the 
progress of such cases. 
d. Transfer the conduct of investigation of specific cases from one 
law enforcement agency to another; 
e. Establish a comprehensive data-base systems on anti-terrorism 
and counter-terrorism operations and post-conflict actions; 
f. Grant monetary rewards and incentives to informants who are 


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willing to give vital information to build up cases for the 
prosecution of those who committed acts of terrorism; 
g. Recommend the inclusion of vital witnesses under the Witness 
Protection Security and Benefits Program; 
h. Call upon any department, bureau, office or other executive 
agency for assistance; and 
.i. Exercise such other functions as may be assigned by the 
President. 
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SEC. 21. Implementing Rules and Regulations. Within sixty (60) days from 
the effectivity of this Act, the Anti-Terrorism Council shall promulgate the Implementing 
Rules and Regulations as may be necessary to ensure the efficient and effective 
implementation of the provisions of this Act. 
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SEC. 22. Appropriations- The amount of twenty five million pesos (php 
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5,000,000.00) is hereby authorized to be appropriated to the Council as initial funding 
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chargeable against the contingent fund of the Office of the President. 
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Thereafter, the amount needed by the Council to effectively carry out the purpose 
of this Act shall be included in the annual General Appropriations Act. 
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SEC. 23. €xtra Territorial Application of this Act- Except as provided in the 
treaties and laws of preferential application, the provisions of this Act shall be enforced 
not only within the Philippine archipelago, including its atmosphere, its interior waters 
and maritime zone but also outside of its jurisdiction against those who should commit 
any offense covered by this Act while on a Philippine ship, airship, Philippine embassies 
and consulates, or other diplomatic premises. 


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C. 24. Separability Clause.- If any provision or portion of this Act or the 
application thereof to any person or circumstance is declared to be unconstitutional or 
invalid, the other provisions or portions of this Act, and the application of such provision 
or section to other person or circumstances, shall not be affected thereby. 
SEC. 25. Amendafory Clause- Republic Act No. 9160, as amended by Republic 
Act No. 91 94 and Republic Act No. 4200 are hereby amended or modified accordingly. 
SEC. 26. Repealing Clause.- All laws, decrees, executive orders, rules and 
regulations or parts thereof, inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
SEC. 27. Supplefory Effecf of the Revised Penal Code.- The provisions of the 
Revised Penal Code shall have a suppletory effect to the provisions of this Act. 
SEC. 28. Effecfivify.- This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation. 
Approved