Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

House Bill No.

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

EXPLANATORY NOTE

After more than a decade of enacting Republic Act 9372 otherwise known as the “Human
Security Act of 2007”, the Philippines is an emerging hot spot of terrorism. According to the 2018
Global Terrorism Index, the Philippines is in the 10% place among 163 countries most affected by
terrorism. It is the lone Southeast Asian country to rank, together with Afghanistan, Nigeria, Syria,
Pakistan, Somalia, India, Yemen, and Egypt.

According to the report, 326 died from terrorism in the country in 2017. The communist New
People’s Army (NPA) is responsible for 35% of these deaths, while the Abu Sayyaf is responsible
for 37 deaths, and the Maute Group responsible for 26."

This proves that the current law is weak against terrorism. The law itself has more provisions
limiting the law enforcement agencies to prevent and address terrorism than preventing terrorist
individual, organization, or group of persons from destroying the very fabric of our society.

The law only produced one conviction from terrorism charges and a court declaration
branding the Abu Sayyaf as a terrorist group, which took five years of proceedings. In the case of
the Communist Party of the Philippines-New People's Army (CPP-NPA), tagged by the United
States, European Union, Canada, Great Britain, and Australia as a foreign terrorist organization,
and proclaimed by President Rodrigo Duterte as a terrorist organization in 2017, there is no judicial
affirmation issued yet.

‘The 2017 siege of Marawi City by the Maute Group proved that the current provisions of RA
9372 constrained the law enforcement agencies from going after terror suspects. Aside from the
three days of allowed warrantless detention, the AFP and the PNP have to pay P500,000.00 in
damages for every day they detained a suspect who ends up acquitted of terror charges.

Over the past year, there were three instances of suicide bombings in parts of Mindanao. The
deadly June 28 attack on an army camp in Indanan, Sulu, was the first case of a suicide bombing by
a Filipino confirmed by the police and military.

The law currently allows the detention of terror suspects without an arrest warrant from a
judicial court for up to 3 days. In Singapore and Malaysia, suspected terrorists can be detained for
30 days without a case. Moreover, the law enforcement agencies may only obtain authorization to
surveil, intercept, and record or wiretap suspects’ communications from the Court of Appeals.

* https://cnnphilippines.com/news/2018/12/20/philippines-global-terrorism-index-10th.html


Thus, this measure seeks to amend Republic Act 9372. The salient features of the bill are as

follows:

i

2)
3)

10.

1.

12,

13.

In view of the foregoing, the immediate enactment

sought.

‘Change of Short Title from “Human Security Act of 2007” to “Counter-Terrorism Act of
2019” because the law deals mainly with terrorism.

Addition of a new section to define terms used in the proposed measure.

Addition of three predicate crimes to the existing twelve (12) on the definition of
terrorism, namely:

a. Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003, as amended);

b. Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002); and

c. Republic Act No. 10175 (Cybercrime Prevention Act of 2012).

Inclusion of additional punishable acts, together with the Conspiracy to Commit
Terrorism, ie. Proposal to Commit Terrorism, Inciting to Terrorism, Recruitment to
Terrorist Organization, Providing Material Support to Terrorists or Terrorist
Organizations, Foreign Terrorist Fighter, and Glorification of Terrorism.

. The fixed penalty of “forty years of imprisonment” has been changed to “life

imprisonment to death”.

._ Addition of five (5) relevant cabinet secretaries to the existing composition of seven (7)

members of Anti-Terrorism Council (ATC) to expand of governmental involvement in
the fight against terrorism. They are the Secretaries of Information and Communication
Technology, Transportation, Labor and Employment, and Education.

. The swift issuance by the court of Preliminary Asset Preservation Order which is twenty

four (24) hours and its effectivity of six (6) months. The longer period will give the law
enforcement agencies ample time to gather more pieces of evidence to support final
order of forfeiture and proscription.

. Gives the Secretary of Justice the power to compel telecom and internet providers to

preserve and produce all customer information and identification records as well as call
and text data record and other cellular or internet metadata in cases of actual or
imminent terrorist attacks.

. Adds the Regional Trial Court for Judicial Authorization, thereby giving more access to

the courts by law enforcers which shall facilitate securing of documents.

A provision on the arrest of unwilling witnesses that causes delay in building the case
against the terrorists is included. The extension of detention without judicial warrant is
likewise extended to thirty (30) days from three (3) days.

Increase in the period for change of custody of intercepted and recorded material from
forty-eight (48) hours to ten (10) days to allow more time for law enforcers to gather
evidence.

Inclusion of the provisions regarding Order of Proscription, Asset Preservation Orders
and Request to Proscribe a Terrorist with Foreign Jurisdiction and Supra-National
Jurisdiction.

Institutionalization of the Anti-Terrorism Council-Progr:
Administrative arm of ATC maintaining its current functj

gement Center as

approval of this bill is earnestly

Vn

LIANDA B. HOLILIA
Representatir

4% District, Batangas


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. °/29

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

AN ACT
AMENDING R.A. 9372 OTHERWISE KNOWN AS THE ACT TO SECURE THE
STATE AND PROTECT OUR PEOPLE FROM TERRORISM OR THE HUMAN
SECURITY ACT (HSA) OF 2007, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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

SECTION 1. Section 1 of Republic Act No. 9372, otherwise known as the “Human Security
Act of 2007” is hereby amended to read as follows:

“Section 1, Short Title. - This Act shall henceforth be known as the [“Human Security
Act of 2007.”] “COUNTER-TERRORISM ACT OF 2019.”

SECTION 2. Section 2 of the same Act is hereby amended to read as follows:

“Section 2. Declaration of Policy. ~ It is declared a policy of the State to protect THE
RIGHT TO life, liberty, and property, INCLUDING 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.”

[In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account
the root causes of terrorism without acknowledging these as justifications for terrorist and /or
criminal activities. Such measures shall include conflict management and post-conflict peace-
building, addressing the roots of conflict by building state capacity and promoting equitable
economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of
constitutionally recognized powers of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights which
shall be absolute and protected at all times.]


SECTION 3. A new Section 3 is hereby added to read as follows:

“SECTION 3. DEFINITION OF TERMS. - AS USED IN THIS ACT:

(A) “CRITICAL INFRASTRUCTURE” SHALL MEAN AN ASSET OR SYSTEM

(B)

WHICH IS ESSENTIAL FOR THE MAINTENANCE OF VITAL SOCIETAL
FUNCTIONS. “CRITICAL INFRASTRUCTURE” MAY INCLUDE, BUT IS
NOT LIMITED TO, COMMUNICATIONS, EMERGENCY FACILITIES, FUEL,
GAS, ENERGY, WATER SUPPLY, DAMS, FINANCE, FOOD, PUBLIC
SERVICES, INDUSTRY, HEALTH, TRANSPORT, RADIO AND TELEVISION,
INFORMATION TECHNOLOGY, COMMERCIAL FACILITIES, CHEMICAL,
BIOLOGICAL AND NUCLEAR SECTORS.

“WEAPONS OF MASS DESTRUCTION” OR WMD SHALL MEAN
CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR WEAPONS
CAPABLE OF A HIGH ORDER OF DESTRUCTION OR CAUSING MASS
CASUALTIES, AND EXCLUDING THE MEANS OF TRANSPORTING OR
PROPELLING THE WEAPON WHERE SUCH MEANS IS A SEPARABLE AND.
DIVISIBLE PART FROM THE WEAPON.

(©) “CONSPIRACY” SHALL MEAN WHEN TWO OR MORE PERSONS COME

TO AN AGREEMENT CONCERNING THE COMMISSION OF THE CRIME
OF TERRORISM, AS DEFINED IN SECTION 4 HEREOF, AND DECIDE TO
COMMIT THE SAME.

(D) “PROPOSAL” SHALL MEAN WHEN THE PERSON WHO HAS DECIDED TO

3)

®

COMMIT THE CRIME OF TERRORISM PROPOSES ITS EXECUTION TO
SOME OTHER PERSON OR PERSONS.

“INDIVIDIAL TERRORIST” REFERS TO ANY NATURAL PERSON WHO
COMMITS ANY ACTS DEFINED AND PENALIZED IN SECTIONS 4, 5, 5(A),
5(B), 5(C), 5(D), AND 5(E) HEREOF, AS A PRINCIPAL, ACCOMPLICE OR
ACCESSORY, OR THOSE PROSCRIBED UNDER SECTION 17 HEREOF, OR
DESIGNATED PERSONS UNDER SECTION 3(E) OF R.A. 10168, OTHERWISE
KOWN AS THE “TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012”.

“TERRORIST ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS”
REFERS TO ANY ENTITY OWNED OR CONTROLLED BY ANY TERRORIST
OR GROUP OF TERRORISTS THAT COMMITS ANY ACTS DEFINED AND
PENALIZED IN SECTIONS 4, 5, 5(A), 5(B), 5(C), 5(D), AND 5(E) OR THOSE
PROSCRIBED UNDER SECTION 17 HEREOF, OR DESIGNATED PERSONS
UNDER SECTION 3(E) OF R.A. 10168, OTHERWISE KOWN AS THE
“TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF
2012”.

(G) “MATERIAL SUPPORT” MEANS PROVIDING PROPERTY OR FUNDS, OR

ANY FORM OF SERVICE, LODGING, SAFEHOUSES, TRAINING,
EDUCATION, INDOCTRINATION, EXPERT ADVICE OR ASSISTANCE,
FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATION
AND TRANSPORTATION EQUUIPMENT, FACILITIES, WEAPONS,
LETHAL SUBSTANCES, EXPLOSIVES AND PERSONNEL, TO INDIVIDUAL
TERRORIST AND/OR TERRORIST ORGANIZATION, ASSOCIATION OR

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GROUP OF PERSONS ORGANIZED FOR THE PURPOSE OF ENGAGING IN
TERRORISM.

(H) “PROPERTY OR FUNDS” REFER TO FINANCIAL ASSETS, PROPERTY OF
EVERY KIND, WHETHER TANGIBLE OR INTANGIBLE, MOVABLE OR
IMMOVABLE, PERSONAL OR REAL, HOWEVER ACQUIRED, AND LEGAL
DOCUMENTS OR INSTRUMENTS IN ANY FORM, INCLUDING
ELECTRONIC OR DIGITAL, EVIDENCING TITLE TO, OR INTEREST IN,
SUCH FUNDS OR OTHER ASSETS, INCLUDING, BUT NOT LIMITED TO,
BANK CREDITS, TRAVELERS CHEQUES, BANK CHEQUES, MONEY
ORDERS, SHARES, SECURITIES, BONDS, DRAFTS, OR LETTERS OF
CREDIT, AND ANY INTEREST, DIVIDENDS OR OTHER INCOME ON OR
VALUE ACCRUING FROM OR GENERATED BY SUCH FUNDS OR OTHER
ASSETS.

() “TRAINING” MEANS INSTRUCTION OR TEACHING DESIGNED TO
IMPART A SPECIFIC SKILL, AS OPPOSED TO GENERAL KNOWLEDGE.

() “EXPERT ADVICE OR ASSISTANCE” MEANS ADVICE OR ASSISTANCE
DERIVED FROM SCIENTIFIC, TECHNICAL OR OTHER SPECIALIZED
KNOWLEDGE.

(K) “PROBABLE CAUSE" REFERS TO A REASONABLE GROUND OF
SUSPICION, SUPPORTED BY CIRCUMSTANCES SUFFICIENTLY STRONG
IN THEMSELVES AS TO WARRANT A REASONABLE MAN IN BELIEVING
THAT THE INDIVIDUAL, ORGANIZATION, ASSOCIATION OR GROUP
OF PERSONS WERE OR CONTINUOUSLY ENGAGED IN TERRORISM OR
HAVE PERFORMED ACTS COMMITTED BY A TERRORIST OR TERRORIST
ORGANIZATION AS DEFINED IN THIS ACT.

(L) “VIOLENT EXTREMISM” SHALL MEAN ANY ACT ENCOURAGING,
CONDONING, JUSTIFYING OR SUPPORTING THE COMMISSION OF A
VIOLENT ACT TO ACHIEVE POLITICAL, IDEOLOGICAL, RELIGIOUS,
SOCIAL OR ECONOMIC GOALS.

(M) “RECRUIT” SHALL REFER TO ANY ACT TO PROCURE, INDUCE, OR
INCITE OTHERS TO PARTICIPATE, COMMIT, OR SUPPORT TERRORIST
ACTS, TERRORIST INDIVIDUALS, OR ORGANIZATIONS.
SECTION 4, Section 3 of this Act is hereby renumbered and amended to read as follows:
“Section [3] 4. Terrorism. - Any person who commits an act punishable under any of
the following provisions of the Revised Penal Code REGARDLESS OF ITS STAGE OF
EXECUTION:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);

b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d’ Etat), including acts committed by private persons;

d. Article 248 (Murder);


warvausune

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e. Article 267 (Kidnapping and Serious Illegal Detention);

£. Article 324 (Crimes Involving Destruction), [or under]
OR UNDER ANY OF THE FOLLOWING SPECIAL LAWS:
1. Presidential Decree No, 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);

3, Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
4, Republic Act No 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
[and]

6. Presidential Decree No. 1866, (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives), AS AMENDED BY REPUBLIC ACT NO. 8294,
REPUBLIC ACT NO. 9516 AND REPUBLIC ACT NO. 10591;

7. REPUBLIC ACT NO. 10168 (TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012);

8. REPUBLIC ACT NO. 10697 (STRATEGIC MANAGEMENT ACT)
9. REPUBLIC ACT NO. 9208 (ANTI-TRAFFICKING IN PERSONS ACT OF 2003);

10. REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT);
AND

11, REPUBLIC ACT NO. 10175 (CYBERCRIME PREVENTION ACT)

OR ANY OTHER ACT (1) INTENDED TO CAUSE DEATH OR SERIOUS BODILY
INJURY TO ANY PERSON, OR (I) INTENDED TO CAUSE RISK TO THE
HEALTH, SAFETY OR SECURITY OF THE PUBLIC, OR (III) INTENDED TO
SERIOUSLY INTERFERE WITH, DISRUPT OR DESTROY CRITICAL
INFRASTRUCTURE, OR (IV) USING WEAPONS OF MASS DESTRUCTION, OR
(V) PROSCRIBED UNDER ANY OF THE RELEVANT TREATIES AND
CONVENTIONS WHICH THE PHILIPPINES IS A STATE PARTY,

WHEN THE PURPOSE AND/OR EFFECT OF ANY OF THE ABOVE FELONIES,
CRIMES OR ACTS, BY THEIR NATURE OR CONTEXT, IS TO INTIMIDATE A
POPULATION, OR TO COMPEL A GOVERNMENT, AN INTERNATIONAL
ORGANIZATION, OR ANY PERSON OR ENTITY, TO DO OR TO ABSTAIN
FROM DOING ANY ACT,

[thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an unlawful
demand] shall be guilty of the crime of terrorism and shall suffer the penalty of [forty

4


(40) years of imprisonment] LIFE IMPRISONMENT TO DEATH, without the benefit
of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.”

SECTION 5. Section 4 of the same Act is hereby re-numbered, amended and new subsections
designated as subsections 5(a), 5(b), 5(), 5(a), 5(e), 5(f), and 5(g) are hereby added to read as
follows:

“Section [4] 5. Conspiracy to Commit Terrorism. - Persons who conspire to commit the
crime of terrorism shall suffer the penalty of [forty (40) years of imprisonment] LIFE
IMPRISONMENT TO DEATH, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.

[There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism, as defined in Section 3 hereof, and decide to commit the
same]

SECTION 5(A). PROPOSAL TO COMMIT TERRORISM. - ANY PERSON WHO
PROPOSES TO COMMIT THE CRIME OF TERRORISM SHALL SUFFER THE PENALTY
OF LIFE IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS
PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW, AS AMENDED.

SECTION 5(B). INCITING TO TERRORISM. - ANY PERSON WHO INCITES
ANOTHER PERSON BY ANY MEANS TO COMMIT TERRORISM, WHETHER OR NOT
DIRECTLY ADVOCATING THE COMMISSION OF ANY OF SUCH ACT, THEREBY
CAUSING DANGER THAT ONE OR MORE SUCH ACTS MAY BE COMMITTED,
SHALL BE PUNISHED WITH THE PENALTY OF LIFE IMPRISONMENT TO DEATH,
WITHOUT THE BENEFIT OF PAROLE AS PROVIDED FOR UNDER ACT NO. 4103,
OTHERWISE KNOWN AS THE INDETERMINATE SENTENCE LAW, AS AMENDED.

SECTION 5(C). RECRUITMENT TO TERRORIST ORGANIZATION. - ANY
PERSON WHO SHALL RECRUIT ANOTHER TO JOIN ANY ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS ORGANIZED FOR THE PURPOSE OF
ENGAGING IN TERRORISM , OR WHICH, ALTHOUGH NOT ORGANIZED FOR
THAT PURPOSE, ACTUALLY USES THE ACTS ENUMERATED IN SECTION 3 HEREOF
TO TERRORIZE, SHALL BE PUNISHED WITH THE PENALTY OF LIFE
IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS PROVIDED
FOR UNDER 4 ACT NO. 4103, OTHERWISE KNOWN AS THE INDETERMINATE
SENTENCE LAW, AS AMENDED.

SECTION 5(D). PROVIDING MATERIAL SUPPORT TO TERRORISTS OR
TERRORIST ORGANIZATIONS. - ANY PERSON WHO PROVIDES MATERIAL
SUPPORT TO ANY INDIVIDUAL TERRORIST OR TERRORIST ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS ORGANIZED FOR THE PURPOSE OF
ENGAGING IN TERRORISM, SHALL BE PUNISHED WITH THE PENALTY OF LIFE
IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS PROVIDED
FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE INDETERMINATE
SENTENCE LAW, AS AMENDED.

SECTION 5(E). FOREIGN TERRORIST FIGHTERS. - AN INDIVIDUAL WHO
TRAVEL TO THE PHILIPPINES OTHER THAN THEIR STATE OF RESIDENCE OR
NATIONALITY FOR THE PURPOSE OF PERPETRATION, PLANNING OR

5


PREPARATION OF, OR PARTICIPATION IN, TERRORIST ACTS OR THE PROVIDING
OR RECEIVING OF TERRORIST TRAINING, INCLUDING IN CONNECTION WITH
ARMED CONFLICT, SHALL BE PUNISHED WITH THE PENALTY OF LIFE
IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS PROVIDED
FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE INDETERMINATE
SENTENCE LAW, AS AMENDED.

ANY ALIEN WHO IS A FUGITIVE FROM JUSTICE FOR ANY ACTS OF
TERRORISM COMMITTED ABROAD, BASED ON VERIFIABLE INFORMATION
FROM ANY LAWFUL AUTHORITIES ABROAD, SHALL BE CONSIDERED AS AN
UNDESIRABLE ALIEN. HE SHALL BE ARRESTED BY VIRTUE OF A MISSION ORDER
ISSUED BY THE COMMISSIONER OF IMMIGRATION FOR THE PURPOSE OF
INSTITUTING DEPORTATION PROCEEDINGS.

SEC. 5 (F). GLORIFICATION OF TERRORISM - ANY PERSON WHO, NOT BEING
A CONSPIRATOR, ACCOMPLICE OR ACCESSORY UNDER SECTIONS 5, 6 AND 7 OF
THIS ACT, SHALL BY ANY MEANS ADVERTISE THROUGH ANY MEDIUM TO.
GLORIFY OR PROMOTE TERRORIST ACTS COMMITTED BY PROSCRIBED OR
DESIGNATED INDIVIDUALS OR ORGANIZATIONS SHALL SUFFER THE PENALTY
OF TEN (10) YEARS OF IMPRISONMENT.”

SECTION 6. Section 5 of the same Act is hereby re-numbered and amended to read as follows:

“Section [5] 6. Accomplice. - [Any person who, not being a principal under Article 17 of
the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the
execution of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts] AN ACCOMPLICE, AS DEFINED UNDER BOOK I OF ACT NO. 3815,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, shall suffer the penalty of from
seventeen (17) years, four months one day to twenty (20) years of imprisonment.

SECTION 7. Section 6 of the same Act is hereby re-numbered and amended to read as follows:

“Section [6] 7. Accessory. - Any person who, having knowledge of the commission of
the ANY OF THE [crime of terrorism or conspiracy to commit terrorism,] IN SECTION 4, 5
(A), 5(B), 5(C), 5(D), AND 5(E) HEREOF and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime,
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

[Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of subparagraph

(@).1"
SECTION 8. Section 7 of the same Act is hereby re-numbered and amended to read as follows:

“Section |7|8. Surveillance of Suspects and Interception and Recording of
Communications. - The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) AND
R.A. 10175 (CYBERCRIME PREVENTION ACT) to the contrary notwithstanding, [a police

6


or law enforcement official and the members of his team] LAW ENFORCEMENT OR
MILITARY PERSONNEL may, upon a written order of the Court of Appeals AND/OR
REGIONAL TRIAL COURT listen to, intercept and record, with the use of any mode, form,
kind or type of electronic or other surveillance equipment or intercepting and tracking
devices, or with the use of any other suitable ways and means for that purpose, any
communication, message, conversation, discussion, or spoken or written words (A) between
members of a [judicially declared and outlawed terrorist organization, association, or group
of persons or of any person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism] DESIGNATED PERSON AS DEFINED IN SECTION 3(E) OF R.A.
10168, OTHERWISE KNOWN AS THE ‘TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012”, OR (B) ANY PERSON CHARGED OR SUSPECTED OF
ANY CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF.

IN CASE OF IMMINENT DANGER OR ACTUAL TERRORIST ATTACK, THE
SECRETARY OF THE DEPARTMENT OF JUSTICE, UPON THE CERTIFICATION OF
THE ANTI-TERRORISM COUNCIL BASED ON REASONABLE GROUND OF
SUSPICION, SHALL HAVE THE POWER TO COMPEL TELECOM AND INTERNET
SERVICE PROVIDERS TO PRODUCE ALL CUSTOMER INFORMATION AND
IDENTIFICATION RECORDS AS WELL AS CALL AND TEXT DATA RECORDS AND
OTHER CELLULAR OR INTERNET METADATA OF ANY PERSON SUSPECTED OF
ANY CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF.

[Provided, That surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.]

SECTION 9. Section 8 of the same Act is hereby re-numbered and amended to read as follows:

“Section [8] 9. Formal Application for Judicial Authorization. - The written order of
the authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL COURT to
track down, tap, listen to, intercept, and record communications, messages, conversations,
discussions, or spoken or written words of [any person suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism] IN SECTION 8 HEREOF shalll only be granted
by the authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL COURT
upon an ex parte written application of a [police or of a law enforcement official] LAW
ENFORCEMENT OR MILITARY PERSONNEL [who has been duly authorized in writing
by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application],
and upon examination under oath or affirmation of the applicant and [the] HIS/HER
witnesses [he may produce to establish]: (a) that there is probable cause to believe based on
personal knowledge of facts or circumstances that ANY OF the [said] crime [of terrorism or
conspiracy to commit terrorism] IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F)
HEREOF has been committed, or is being committed, or is about to be committed; (b) that
there is probable cause to believe based on personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any charged or suspected person for, or to the
solution or prevention of, any such crimes, will be obtained; and, (c) that there is no other
effective means readily available for acquiring such evidence.

SECTION 10. Section 9 of the same Act is hereby renumbered and amended to read as
follows:

“Section [9] 10. Classification and Contents of the Order of the Court. - The written
order granted by the authorizing division of the Court of Appeals AND/OR REGIONAL
TRIAL COURT as well as its order, if any, to extend or renew the same, the original

7


application of the applicant, including his application to extend [or renew], if any, [and the
written authorizations of the Anti-Terrorism Council] shall be deemed and are hereby
declared as classified information: [Provided, That the person being surveilled or whose
communications, letters, papers, messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the legality of the interference before
the Court of Appeals which issued the written order.] The written order of the authorizing
division of the Court of Appeals AND/OR REGIONAL TRIAL COURT shall specify the
following: (a) the identity, such as name and address, if known, of the [charged or suspected]
person whose communications, messages, conversations, discussions, or spoken or written
words are to be tracked down, tapped, listened to, intercepted, and recorded and, in the case
of radio, electronic, or telephonic (whether wireless or otherwise) communications, messages,
conversations, discussions, or spoken or written words, the electronic transmission systems
or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded
and their locations or if the person suspected of the crime of terrorism or conspiracy to commit
terrorism is not fully known, such person shall be subject to continuous surveillance provided
there is a reasonable ground to do so; (b) the identity [(name, address, and the police or law
enforcement organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement organization) of the
members of his team] OF THE LAW ENFORCEMENT OR MILITARY PERSONNEL,
judicially authorized to track down, tap, listen to, intercept, and record the communications,
messages, conversations, discussions, or spoken or written words; (c) the offense or offenses
committed, or being committed, or sought to be prevented; and, (d) the length of time within
which the authorization shall be used or carried out.

SECTION 11. Section 10 of the same Act is hereby renumbered and amended to read as
follows:

“Section [10] 11. Effective Period of Judicial Authorization.- Any authorization
granted by the authorizing division of the Court of Appeals AND/OR REGIONAL TRIAL
COURT, pursuant to Section [9] 10(d) of this Act, shall only be effective for the length of time
specified in the written order [of the authorizing division of the Court of Appeals}, which shall
not exceed a period of [thirty (30)] NINETY (90) days from the date of receipt of the written
order [of the authorizing division of the Court of Appeals] by the applicant [police or law
enforcement official] LAW ENFORCEMENT OR MILITARY PERSONNEL”.

[The authorizing division of the Court of Appeals may extend or renew the said authorization
for another non-extendible period, which shall not exceed thirty (30) days from the expiration
of the original period: Provided, That the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the public interest: and Provided, further, That the
ex parte application for extension or renewal, which must be filed by the original applicant,
has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the team named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 20 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the termination
of the period granted by the Court of Appeals as provided in the preceding paragraphs within



which to file the appropriate case before the Public Prosecutor's Office for any violation of this
Act.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and recording. The penalty
of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify the person subject of the
surveillance, monitoring, interception and recording as specified above.

SECTION 12. Section 11 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [11] 12. Custody of Intercepted and Recorded Communications. - All tapes,
discs, and recordings made pursuant to the authorization of the authorizing division of the
Court of Appeals AND/OR REGIONAL TRIAL COURT, [including all excerpts and
summaries thereof as well as all written notes or memoranda made in connection therewith,
shall,] within [forty-eight (48) hours] TEN (10) DAYS after the expiration of the period fixed
in the written order [of the authorizing division of the Court of Appeals or within forty-eight
(48) hours after the expiration] of any extension or renewal granted [by the authorizing
division of the Court of Appeals], be deposited with the authorizing Division of the Court of
Appeals AND/OR REGIONAL TRIAL COURT in a sealed envelope or sealed package, as
the case may be, and shall be accompanied by [a] THE [joint] affidavit of the applicant [police
or law enforcement official and the members of his team] LAW ENFORCEMENT OR
MILITARY PERSONNEL.

[in case of death of the applicant or in case he is physically disabled to execute the required
affidavit, the one next in rank to the applicant among the members of the team named in the
written order of the authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit]

It shall be unlawful for any person, police officer or any custodian of the tapes, discs and
recording, [and their excerpts and summaries, written notes or memoranda to copy in
whatever form], to INTENTIONALLY ALTER, remove, delete, expunge, incinerate, shred or
destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever.

Any person who INTENTIONALLY ALTERS, removes, deletes, expunges, incinerates,
shreds or destroys the items enumerated above shall suffer a penalty of not less than six years
and one day to twelve (12) years of imprisonment.

SECTION 13. Section 12 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [12] 13. Contents of Joint] THE Affidavit. - The [joint] affidavit of the [police
or of the law enforcement official and the individual members of his team] LAW
ENFORCEMENT OR MILITARY PERSONNEL shall state: (a) the number of tapes, discs,
and recordings that have been made, [as well as the number of excerpts and summaries
thereof and the number of written notes and memoranda, if any, made in connection
therewith]; AND (b) the dates and times covered by each of such tapes, discs, and recordings.
L (© the number of tapes, discs, and recordings, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda made in connection,

9


therewith that have been included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the tracking down, tapping, intercepting, and recording, as well as the
date of any extension or renewal of the original written authority granted by the authorizing
division of the Court of Appeals.]

[The joint affidavit shall also certify under oath that no duplicates or copies of the whole or
any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the
whole or any part of any of such excerpts, summaries, written notes, and memoranda, have
been made, or, if made, that all such duplicates and copies are included in the sealed envelope
or sealed package, as the case may be, deposited with the authorizing division of the Court of
Appeals.]

[It shall be unlawful for any person, police or law enforcement official to omit or exclude from
the joint affidavit any item or portion thereof mentioned in this Section.|

[Any person, police or law enforcement officer who violates any of the acts prescribed in the
preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to
twelve (12) years of imprisonment]

SECTION 14. Section 13 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [13] 14. Disposition of Deposited Material. -The sealed envelope or sealed
package and the contents thereof, which are deposited [with the authorizing division of the
Court of Appeals,] IN ACCORDANCE WITH SECTION 12 HEREOF, shall be deemed and
are hereby declared classified information, and the sealed envelope or sealed package shall
not be opened and its contents [(including the tapes, discs, and recordings and all the excerpts
and summaries thereof and the notes and memoranda made in connection therewith)] shall
not be divulged, revealed, read, replayed, or used as evidence unless authorized by [written
order of] the authorizing division of the Court of Appeals OR THE REGIONAL TRIAL
COURT, which [written order] shall be granted only upon a written application of the
Department of Justice [filed before the authorizing division of the Court of Appeals and only
upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application with proper written notice the person whose
conversation, communication, message discussion or spoken or written words have been the
subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and
‘use the contents of the sealed envelope or sealed package as evidence.].

[Any person, law enforcement official or judicial authority who violates his duty to notify in
writing the persons subject of the surveillance as defined above shall suffer the penalty of six
years and one day to eight years of imprisonment.]

SECTION 15. Section 14 of the same Act is hereby renumbered and amended to read as
follows:

Section [14] 15. Application to Open Deposited Sealed Envelope or Sealed Package. -
The written application [with notice to the party concerned] to open the deposited sealed
envelope or sealed package shall [clearly] state the purpose or reason: (a) for ITS opening [the
sealed envelope or sealed package; (b) for revealing or disclosing its classified contents; ()]
(B) for replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words

10


[(including any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith)]; and, [(d)] (C) for using any of said listened to, intercepted,
and recorded communications, messages, conversations, discussions, or spoken or written
words [(including any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith)] as evidence.

[Any person, law enforcement official or judicial authority who violates his duty to notify as
defined above shall suffer the penalty of six years and one day to eight years of
imprisonment]

SECTION 16. Section 15 of the same Act is hereby re-numbered and amended to read as
follows:

tion [15] 16. Evidentiary Value of Deposited Materials.- Any listened to,
intercepted, and recorded communications, messages, conversations, discussions, or spoken
or written words, or any part or parts thereof, or any information or fact contained therein,
including their existence, content, substance, purport, effect, or meaning, which have been
secured in violation of the [pertinent] provisions of this Act, shall [absolutely] not be
admissible [and usable] as evidence against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or hearing.

SECTION 17. Section 16 of the same Act is hereby REPEALED.

SECTION 18. Section 17 of the same Act is hereby amended and new subsections designated
as subsections 17-A and 17-B are hereby added to read as follows:

“Section 17. Proscription of INDIVIDUAL TERRORIST, Terrorist Organizations,
Association, or Group of Persons. - Any INDIVIDUAL, organization, association, or group of
persons WHO VIOLATE SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND ANY
INDIVIDUAL, ORGANIZATION, OR GROUP OF PERSONS organized for the purpose of
engaging in terrorism, [or which, although not organized for that purpose, actually uses the
acts to terrorize mentioned in this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the government to give
in to an unlawful demand] shall, upon application of the Department of Justice before a
competent Regional ‘Trial Court, [with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned,] be declared as a terrorist and/OR
outlawed organization, association, or group of persons by the said [Regional Trial] Court.

THE EX PARTE APPLICATION SHALL BE FILED WITH AN URGENT PRAYER
FOR THE ISSUANCE OF A PRELIMINARY ASSET PRESERVATION ORDER AND/OR
A PREMILINARY ORDER OF PROSCRIPTION.

NO APPLICATION FOR PROSCRIPTION WIIL BE FILED WITHOUT THE
AUTHORITY OF THE  ANTI-TERRORISM COUNCIL UPON THE
RECOMMENDATION OF THE NATIONAL INTELLIGENCE COORDINATING
AGENCY (NICA).

SECTION 17-A. ORDER OF PROSCRIPTION. - ASSET PRESERVATION ORDER.
WHERE THE REGIONAL TRIAL COURT JUDGE HAS DETERMINED THAT
PROBABLE CAUSE EXISTS ON THE BASIS OF THE VERIFIED EX PARTE PETITION
SUFFICIENT IN FORM AND SUBSTANCE, THE COURT WITHIN TWENTY FOUR (24)
HOURS FROM THE FILING OF THE APPLICATION MAY ISSUE A PRELIMINARY
ORDER OF PROSCRIPTION DECLARING THAT THE RESPONDENT THEREIN IS A

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TERRORIST OR TERRORIST ORGANIZATION WITHIN THE MEANING OF THIS
ACT.

THE PRELIMINARY ASSET PRESERVATION ORDER SHALL, EFFECTIVE
IMMEDIATELY, FORBID THE TRANSACTION, WITHDRAWAL, DEPOSIT,
TRANSFER, REMOVAL, CONVERSION, CONCEALMENT OR OTHER DISPOSITION
OF ANY PROPERTY OR FUNDS OWNED OR CONTROLLED BY THE PROSCRIBED
TERRORIST, ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS, SUCH
ORDER SHALL BE EFFECTIVE FOR A PERIOD OF SIX (6) MONTHS FROM THE
RESPECTIVE DATES OF SERVICE TO RESPONDENT OR ANY PERSON ACTING IN
HIS BEHALF, AND UPON EACH INSTITUTION OR GOVERNMENT AGENCY IN
POSSESSION OF THE SUBJECT PROPERTY OR FUNDS.

THE COURT WILL SCHEDULE A SUMMARY HEARING AT A DATE AND TIME
WITHIN THE SIX-MONTH PERIOD AT WHICH THE RESPONDENT MAY FOR GOOD
CAUSE SHOW WHY THE ORDER OF PROSCRIPTION BE SET ASIDE, AND THE
ASSET PRESERVATION ORDER SHOULD BE LIFTED, THE COURT SHALL
DETERMINE WITHIN THE SAME PERIOD WHETHER THE QUESTIONED ORDERS
SHOULD BE MADE PERMANENT, SET ASIDE, MODIFIED OR BE LIFTED AS THE
CASE MAY BE.

SECTION 17-B. REQUEST TO PROSCRIBE FROM FOREIGN JURISDICTIONS
AND SUPRA-NATIONAL JURISDICTIONS. - CONSISTENT WITH THE NATIONAL
INTEREST, ALL REQUESTS FOR PROSCRIPTION MADE BY ANOTHER
JURISDICTION OR SUPRA-NATIONAL JURISDICTION SHALL BE REFERRED BY
THE DEPARTMENT OF FOREIGN AFFAIRS TO THE ANTI-TERRORISM COUNCIL
(ATC) TO DETERMINE, WITH THE ASSISTANCE OF THE NICA, IF PROSCRIPTION
UNDER SEC. 17 OF THIS ACT IS WARRANTED AND, IF SO, THE ATC SHALL
CORRESPONDINGLY COMMENCE PROSCRIPTION PROCEEDINGS THROUGH
THE DEPARTMENT OF JUSTICE.”

SECTION 19. Section 18 of the same Act is hereby amended to read as follows:

“Section 18, Period of Detention Without Judicial Warrant of Arrest. - The provisions
of Article 125 of the Revised Penal Code to the contrary notwithstanding, any [police or] law
enforcement OR MILITARY personnel [, who, having been duly authorized in writing by the
Anti-Terrorism Council] has taken custody of a person [charged with or] suspected [of the
crime of terrorism or the crime of conspiracy to commit terrorism] OF COMMITTING ANY
CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF shall, without
incurring any criminal liability for delay in the delivery of detained persons to the proper
judicial authorities, deliver said [charged or suspected] ARRESTED person to the proper
judicial authority within a period of [three] THIRTY (30) days counted from the moment the
said [charged or suspected] person has been [apprehended or] arrested EXCLUDING
SATURDAYS, SUNDAYS, AND HOLIDAYS. |, detained, and taken into custody by the said
police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime
of terrorism or conspiracy to commit terrorism must result from the surveillance under
Section 7 and examination of bank deposits under Section 27 of this Act.]

[The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day or night.
It shall be the duty of the judge, among other things, to ascertain the identity of the police or
law enforcement personnel and the person or persons they have arrested and presented before

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Peewee
BREE Swemyvausene

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him or her, to inquire of them the reasons why they have arrested the person and determine
by questioning and personal observation whether or not the suspect has been subjected to any
physical, moral or psychological torture by whom and why. The judge shall then submit a
written report of what he/she had observed when the subject was brought before him to the
proper court that has jurisdiction over the case of the person thus arrested. The judge shall
forthwith submit his/her report within three calendar days from the time the suspect was
brought to his/her residence or office.]

[Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest: Provided
That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the judge nearest the place where the accused
was arrested ]

[The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.

SECTION 20. Section 19 of the same Act is hereby amended and new subsections designated
as subsections 19-A, 19-B and 19-C are hereby added to read as follows:

“Section. 19. Period of Detention in the Event of an Actual or Imminent Terrorist
Attack. - In the event of an actual or imminent terrorist attack, suspects may [not] be detained
for more than [three] THIRTY (30) days [without the written approval of a municipal, city,
provincial or regional official of a Human Rights Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place
of the arrest] THE LAW ENFORCEMENT OR MILITARY PERSONNEL INCURRING
ANY CRIMINAL LIABILITY FOR DELAY OF DELIVERY OF DETAINED PERSONS TO
THE PROPER JUDICIAL AUTHORITIES UNDER ARTICLE 125 OF THE REVISED
PENAL CODE, [If the arrest is made during Saturdays, Sundays, holidays or after office
hours, the arresting police or law enforcement personnel shall bring the person thus arrested
to the residence of any of the officials mentioned above that is nearest the place where the
accused was arrested. The approval in writing of any of the said officials shall be secured by
the police or law enforcement personnel concerned within five days after the date of the
detention of the persons concerned:] Provided, however, That within [three] THIRTY (30) days
after the detention the suspects, whose connection with the terror attack or threat is not
established, shall be released immediately, OTHERWISE, SAID SUSPECTS SHALL
WITHIN THIRTY (30) DAYS AFTER THE ACTUAL OR IMMINENT TERRORIST
ATTACK CEASES, EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS, BE
DELIVERED TO THE PROPER JUDICIAL AUTHORITY.

SECTION 19-A. ARREST OF UNWILLING MATERIAL WITNESS. - WHEN
THERE IS NO OTHER MATERIAL WITNESS, UPON APPLICATION OF THE
DEPARTMENT OF JUSTICE, THE COURT MAY ISSUE AN ARREST WARRANT OF A
MATERIAL WITNESS IN ORDER TO SECURE HIS OR HER TESTIMONY IN
CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF ANY OFFENSE
UNDER THIS ACT.

TO OBTAIN THE ARREST WARRANT, THE DOJ SHALL ESTABLISH TO THE
COURT'S SATISFACTION THAT THE PERSON IN QUESTION HAS MATERIAL
INFORMATION NECESSARY TO THE INVESTIGATION OR PROSECUTION UNDER
THIS ACT.

13


SECTION 19-B. SUSPENSION/CANCELLATION OF PASSPORT - THE
DEPARTMENT OF FOREIGN AFFAIRS, BASED ON REASONABLE GROUND OF
SUSPICION, MAY SUSPEND OR CANCEL THE PASSPORT OF A CITIZEN
SUSPECTED OF ANY CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F)
HEREOF.

SECTION 19-C, ISSUANCE OF HOLD DEPARTURE ORDER - UPON FILING OF
THE INFORMATION FOR ANY CRIME IN SECTION 4, 5,5(A),5(B), 5(C), 5(D), 5(E), AND
5(F) HEREOF, THE COURT SHALL IMMEDIATELY ISSUE A HOLD DEPARTURE
ORDER AGAINST ANY PERSON SO CHARGED.

SECTION 21. Sections 20, 21, 22, 23, 24, and 25 of the same Act are hereby REPEALED:

SECTION 22. Section 26 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [26] 20. [Restriction] CONDITIONS on Travel WHILE ON BAIL. - In cases
where evidence of guilt is not strong, and the person charged with [the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is granted the same] ANY CRIME IN
SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F), the court, upon application by the
prosecutor, shall limit the [right of] travel of the accused to within the municipality or city
Iwhere he resides or] where the case is pending. [, in the interest of national security and
public safety, consistent with Article III, Section 6 of the Constitution.] THE COURT SHALL
IMMEDIATELY FURNISH THE DEPARTMENT OF JUSTICE AND THE BUREAU OF
IMMIGRATION WITH THE COPY OF SAID ORDER. Travel outside of said municipality
, without the authorization of the court, shall be deemed a violation of the terms and
conditions of his/HER bail. [, which shall then be forfeited as provided under the Rules of
Court.]

[He/she may also be placed under house arrest by order of the court at his or her usual place
of residence.]

[While under house arrest, he or she may not use telephones, cellphones, e-mails, computers,
the internet or other means of communications with people outside the residence until
otherwise ordered by the court.]

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of
the dismissal of the case filed against him. [or earlier upon the discretion of the court on.
motion of the prosecutor or of the accused.]”

SECTION 23. A new Section 21 is hereby added to read as follows:

“SECTION 21. BANK INQUIRY AND EXAMINATION. - BANK INQUIRY AND
EXAMINATION INTO BANK ACCOUNTS AND INVESTMENT SHALL BE IN
ACCORDANCE WITH REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE
“ANTI-MONEY LAUNDERING ACT OF 2001, AS AMENDED” IN RELATION TO
REPUBLIC ACT 10168, OTHERWISE KNOWN AS “TERRORISM FINANCING
PREVENTION AND SUPPRESSION ACT OF 2012”.

SECTION 24, Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 of
the same Act are hereby REPEALED.

SECTION 25. A new Section 22 is hereby added to read as follows:
14


“Section 22, FREEZING AND FORFEITURE. - EXCEPT THOSE COVERED BY
SECTION 17-A, THE FREEZE AND FORFEITURE OF PROPERTIES OR FUNDS AS
HEREIN DEFINED THAT ARE IN ANY WAY RELATED TO TERRORISM SHALL BE IN
ACCORDANCE WITH REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE
“ANTI-MONEY LAUNDERING ACT OF 2001, AS AMENDED” AND THE RULES OF
PROCEDURE IN CASES OF CIVIL FORFEITURE, ASSET PRESERVATION AND
FREEZE.”

SECTION 26. Section 46 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [46] 23. Penalty for Unauthorized Revelation of Classified Materials. - The
penalty of [ten (10) years and one day to twelve (12) years] SIX (6) MONTHS AND ONE (1)
DAY TO SIX (6) YEARS of imprisonment shall be imposed upon any person, [police or] law
enforcement OR MILITARY PERSONNEL [agent], judicial officer or civil servant who, not
being authorized by the Court of Appeals AND/OR REGIONAL TRIAL COURT to do so,
reveals in any manner or form any classified information under this Act.

SECTION 27, Section 47 of the same Act is hereby re-numbered to read as follows:

“Section [47] 24. Penalty of Furnishing False Evidence, Forged Document, or Spurious
Evidence. - The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment shall be imposed upon any person who knowingly furnishes false testimony,
forged document or spurious evidence in any investigation or hearing under this Act.”

SECTION 28. Sections 48, 49, 50, and 51 of the same Act are hereby REPEALED.
SECTION 29. A new Section 25 is hereby added to read as follows:

“SECTION 25. SPECIAL FACILITY. - ANY PERSON ARRESTED, CHARGED,
TRIED, OR CONVICTED UNDER THIS ACT SHALL BE HELD, DETAINED OR
IMPRISONED IN A SPECIAL FACILITY ESTABLISHED BY THE STATE.”

SECTION 30. A new Section 26 is hereby added to read as follows:

“SECTION 26. COUNTERING VIOLENT EXTREMISM IN SCHOOLS. - THE
DEPARTMENT OF EDUCATION (DEPED), COMMISSION ON HIGHER EDUCATION
(CHED), AND TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
(TESDA) SHALL PROMULGATE RULES AND REGULATIONS ON THE OPERATION
OF SCHOOLS OR LEARNING CENTERS THAT WILL ENSURE THE LATTER ARE NOT
BEING USED TO PROPAGATE VIOLENT EXTREMISM IDEOLOGY. ANY SCHOOL
FOUND VIOLATING THE SAME SHALL BE SUBJECT TO ADMINISTRATIVE
PENALTY.”

SECTION 31. A new Section 27 is hereby added to read as follows:

“SECTION 27. COUNTERING VIOLENT EXTREMISM IN SOCIAL MEDIA. - ALL
DEPARTMENTS OF THE COUNCIL MEMBERS SHALL ESTABLISH A SOCIAL MEDIA
SECTION TO COUNTER VIOLENT EXTREMISM IN SOCIAL MEDIA.”

SECTION 32. Section 52 of the same Act is hereby re-numbered and amended to read as
follows:

15


“Section [52] 28. Applicability of the Revised Penal Code. - The provisions [of Book I]
of the Revised Penal Code shall [be applicable] APPLY SUPPLETORILY to this Act.”

SECTION 33. Section 53 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [53] 29. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter
referred to, for brevity, as the "Council," is hereby created. The members of the Council are:
(1) the Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall
be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance;
[and] (7) the National Security Advisor; (8) THE SECRETARY OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY; (9) THE SECRETARY OF SCIENCE AND
TECHNOLOGY; (10) THE SECRETARY OF TRANSPORTATION; (11) SECRETARY OF
LABOR AND EMPLOYMENT; AND (12) SECRETARY OF EDUCATION as its other
members.

The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to such
security classifications as the Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the Republic, and the welfare of the nation.

‘The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The
Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council.

THERE IS HEREBY CREATED AN ANTI-TEERORISM COUNCIL - PROGRAM
MANAGEMENT CENTER (ATC-PMC) WHICH SHALL: (A) DIRECTLY ADMINISTER,
CONTROL AND SUPERVISE THE PERFORMANCE OF THE OPERATIONAL
FUNCTIONS AND DUTIES OF THE COUNCIL; (B) DIRECTLY ASSIST THE COUNCIL
IN THE IMPLEMENTATION OF THE COUNCIL AS HEREIN STATED; (C) ACT AS THE
COORDINATOR OF THE COUNCIL IN THE PROPER EXECUTION OF ALL
DIRECTIVES OF THE COUNCIL; D (D) PERFORM SUCH OTHER FUNCTIONS AND
DUTIES AS DIRECTED BY THE COUNCIL. [The National Bureau of Investigation, the
Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.]

ALL THE DEPARTMENTS THAT EACH COUNCIL MEMBER HEADS TO
INCLUDE AGENCIES UNDER THEM, OTHER DEPARTMENT, AGENCIES SHALL
SERVE AS SUPPORT AGENCIES FOR THE COUNCIL, AS FOLLOWS:

DEPARTMENT OF JUSTICE

DEPARTMENT OF FOREIGN AFFAIRS

DEPARTMENT OF NATIONAL DEFENSE

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DEPARTMENT OF FINANCE
16


DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY

DEPARTMENT OF SCIENCE AND TECHNOLOGY

DEPARTMENT OF EDUCATION

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DEPARTMENT OF TRADE AND INDUSTRY

ANTI-MONEY LAUNDERING COUNCIL

PHILIPPINE CENTER ON TRANSNATIONAL CRIME

SUCH OTHER OFFICES, AGENCIES, OR UNITS AS NECESSARY.

The Council shalll formulate and adopt comprehensive, adequate, efficient, and effective anti-
terrorism plans, programs, [and counter-JOR measures to COUNTER suppress [andJOR
eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing
herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or
quasi-judicial power or authority.

SECTION 34. Section 54 of the same Act is hereby renumbered and amended to read as
follows:

“Section [54] 30. Functions of the Council. - In pursuit of its mandate in the previous
Section, the Council shall have the following functions [with due regard for the rights of the
people as mandated by the Constitution and pertinent laws]:

1. Formulate and adopt plans, programs and counter-measures against terrorists and
acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobilize the entire nation against terrorism prescribed in this Act;

3, [Direct the speedy investigation] MONITOR THE PROGRESS OF THE and
prosecution of all persons accused AND/or detained for the crimeS of [terrorism or
conspiracy to commit terrorism and other offenses punishable under this Act, and
monitor the progress of their cases] DEFINED AND PENALIZED UNDER SECTION
4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF;

4. Establish and maintain comprehensive data-base information system on terrorism,
terrorist activities, and counter-terrorism operations;

5, ENLIST THE ASSISTANCE OF ANTI-MONEY LAUNDERING COUNCIL TO
freeze AND FORFEIT the funds property, bank deposits, placements, trust accounts,
assets, and [records]PROPERTY OF WHATEVER KIND AND NATURE belonging
() to a person suspected of or charged with [the]ANY crime [of terrorism or
conspiracy to commit terrorism] DEFINED AND PENALIZED UNDER SECTION 4,
5,5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF, (Il) TO DESIGNATED PERSONS

7


DEFINED UNDER SECTION 3(E) OF REPUBLIC ACT NO. 10168, OTHERWISE
KNOWN AS THE “TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012”; (III) TO AN INDIVIDUAL MEMBER OF SUCH
DESIGNATED PERSONS; OR (IV) ANY PERSON PROSCRIBED UNDER
SECTION 17, 17-A AND 17-B, pursuant to Republic Act No. 9160, otherwise known
as the Anti-Money Laundering Act of 2001, as amended;

6. Grant monetary rewards and other incentives to informers who give vital
information leading to the [apprehension] arrest, detention, prosecution, and
conviction of person or persons who are liable for the crimeS [of terrorism or
conspiracy to commit terrorism] DEFINED AND PENALIZED UNDER SECTION 4,
5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF, PROVIDED THAT NO
MONETARY REWARD SHALL BE GRANTED TO INFORMERS UNLESS THE
ACCUSED’S DEMURRER TO EVIDENCE HAS BEEN DENIED OR
PROSECUTION HAS RESTED ITS CASE WITHOUT SUCH DEMURRES
HAVING BEEN FILED;

7. Establish and maintain coordination with and the cooperation and assistance of
other nations in the struggle against intemational terrorism; [and]

7-A. TAKE ACTION ON RELEVANT RESOLUTIONS ISSUED BY THE
UNITED NATIONS SECURITY COUNCIL ACTING UNDER CHAPTER VII OF
THE UN CHARTER; AND CONSISTENT WITH THE NATIONAL INTEREST,
TAKE ACTION ON FOREIGN REQUESTS TO DESIGNATE TERRORIST,
INDIVIDUALS, ASSOCIATIONS, ORGANIZATIONS OR GROUP OF
PERSONS;

7-B, TAKE MEASURES TO PREVENT TERRORISTS FROM ACQUIRING
WEAPONS OF MASS DESTRUCTION SUCH AS, BUT NOT LIMITED TO THE
IMPOSITION OF ECONOMIC AND FINANCIAL SANCTIONS AND IMPORT
RESTRICTIONS.

[8. Request the Supreme Court to designate specific divisions of the Court of Appeals
and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case
may be, to handle all cases involving the crime of terrorism or conspiracy to commit
terrorism and all matters incident to said crimes. The Secretary of Justice shall assign
a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c)
from Mindanao to handle cases filed in Cagayan de Oro City]

8. CALL UPON OTHER GOVERNMENT AGENCIES, NON-GOVERNMENT

ORGANIZATIONS AND PRIVATE ENTITIES FOR ASSISTANCE IN THE
PERFORMANCE OF ITS MANDATE.”

SECTION 35. Sections 55 and 56 of the same Act are hereby REPEALED.

SECTION 36. Section 57 of the same Act is hereby re-numbered and amended to read as
follows:

Section [57] 31. Ban on Extraordinary Rendition. - No person suspected, CHARGED

or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any
country unless his or her testimony is needed for terrorist related police investigations or
judicial trials in the said country and unless his or her [human] rights [, including the right

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against torture, and right to counsel, UNDER ARTICLE III OF THE CONSTITUTION are
officially assured by the requesting country and transmitted accordingly and approved by the
Department of Justice.

SECTION 37. Section 58 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [58] 32. Extra-Territorial Application of this Act. - Subject to the provision of
an existing treaty of which the Philippines is a [signatory]STATE PARTY 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]SECTION 4,
5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) OF THIS Act within the terrestrial domain, interior
waters, maritime zone, and airspace of the Philippines; OR (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]SECTION 4, 5, 5(A), 5(B), 5(C),
5(D), 5(E), AND 5(F) OF THIS Act (I) inside the territorial limits of the Philippines; [(3) to
individual persons who, although physically outside the territorial limits of the Philippines,
commit any of the said crimes] (Il) on board Philippine ship or Philippine airship; [(4) to
individual persons who commit any of said crimes] (IE)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|(IV) against Philippine citizens or persons of Philippines
descent, where their citizenship or ethnicity was a factor in the commission of the crime; and
[(©) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes](V)directly against the Philippine government, AND (3) TO
INDIVIDUAL PERSONS WHO, ALTHOUGH PHYSICALLY OUTSIDE THE
TERRITORIAL LIMITS OF THE PHILIPPINES, COMMIT ANY OF THE CRIME
DEFINED AND PUNISHED IN SECTION 5(E) HEREOF AND SHALL THEREAFTER
RETURN OR ENTER PHILIPPINE TERRITORY.

IN CASE OF AN ALIEN WHOSE EXTRADITION IS WITHIN THE SCOPE OF
ANY OF THE TREATIES OF WHICH THE REPUBLIC OF THE PHILIPPINES IS A STATE
PARTY, AND THAT ALIEN IS NOT EXTRADITED TO THE REQUESTING STATE, THE
REPUBLIC OF THE PHILIPPINES, WITHOUT EXCEPTION WHATSOEVER AND
WHETHER OR NOT THE OFFENSE WAS COMMITTED IN THE PHILIPPINES, SHALL
SUBMIT THE CASE WITHOUT UNDUE DELAY TO THE DEPARTMENT OF JUSTICE
FOR THE PURPOSE OF PROSECUTION IN THE SAME MANNER AS IF THE ACT
CONSTITUTING THE OFFENSE HAD BEEN COMMITTED IN THE PHILIPPINES, IN
WHICH CASE, THE COURTS IN THE CITY OF MANILA, PHILIPPINES SHALL HAVE
JURSIDICTION OVER THE OFFENSE.

SECTION 38. Section 59 of the same Act is hereby re-numbered and new subsection
designated as 33-A is hereby added to read as follows:

“Section [59] 33. Joint Oversight Committee.- There is hereby created a Joint
Oversight Committee to oversee the implementation of this Act.

The Oversight Committee shall be composed of five members each from the Senate
and the House in addition to the Chairs of the Committees of Public Order of both Houses
who shall also Chair the Oversight Comuittee in the order specified herein. The membership
of the Committee for every House shall at least have two opposition or minority members.
The Joint Oversight Committee shall have its own independent counsel.

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The Chair of the Committee shall rotate every six months with the Senate chairing it
for the first six months and the House for the next six months. In every case, the ranking
opposition or minority member of the Committee shall be the Vice Chair.

Upon the expiration of one year after this Act is approved by the President, the
Committee shall review the Act particularly the provision that authorize the surveillance of
suspects of or persons charged with the crime of terrorism. To that end, the Committee shall
summon the police and law enforcement officers and the members of the Anti-Terrorism
Council and require them to answer questions from the members of Congress and to submit
a written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have been
dealt with in their custody and from the date when the movements of the latter were subjected
to surveillance and his or her correspondences, messages, conversations and the like were
listened to or subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall render a
semiannual report to both Houses of Congress. The report may include where necessary a
recommendation to reassess the effects of globalization on terrorist activities on the people,
provide a sunset clause to or amend any portion of the Act or to repeal the Act in its entirety.
The courts dealing with anti-terrorism cases shall submit to Congress and the President a
report every six months of the status of anti-terrorism cases that have been filed with them
starting from the date this Act is implemented.

SECTION 33-A. IMPLEMENTING RULES AND REGULATIONS. - WITHIN SIX (6)
MONTHS FROM THE EFFECTIVITY OF THIS ACT, THE ANTI-TERRORISM COUNCIL
SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT EFFECTIVELY
THE PROVISIONS OF THIS ACT.”

SECTION 39. Section 60 of the same Act is hereby re-numbered to read as follows:

“Section [60] 34. Separability Clause. - If for any reason 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.

SECTION 40. Section 61 of the same Act is hereby re-numbered to read as follows:

“Section [61] 35. Repealing Clause.- All laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act are hereby
EXPRESSLY repealed, amended, or modified accordingly.

SECTION 41. Section 62 of the same Act is hereby re-numbered and amended to read as
follows:

“Section [62] 36. [Special] Effectivity Clause.- THIS ACT SHALL TAKE EFFECT
FIFTEEN (15) DAYS AFTER ITS COMPLETE PUBLICATION IN THE OFFICIAL
GAZETTE OR IN AT LEAST TWO (2) NEWSPAPERS OF GENERAL CIRCULATION.
[After the bill shall have been signed into law by the President, the Act shall be published in
three newspapers of national circulation; three newspapers of local circulation, one each in
locos Norte, Baguio City and Pampanga; three newspapers of local circulation, one each in
Cebu, Lloilo and Tacloban; and three newspapers of local circulation, one each in Cagayan de
Oro, Davao and General Santos city.]

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[the title of the Act and its provisions defining the acts of terrorism that are punished shall be
aired everyday at primetime for seven days, morning, noon and night over three national
television and radio networks; three radio and television networks, one each in Cebu,
Tacloban and Iloilo; and in five radio and television networks, one each in Lanao del Sur,
Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
newspapers of local circulation and the announcements over local radio and television
networks shall be done in the dominant language of the community.]

[After the publication required above shall have been done, the Act shall take effect two
months after the elections are held in May 2007.]

[Thereatfter, the provisions of this Act shall be automatically suspended one month before and
two months as after the holding of any election.]

Approved,

2.