Republic of the Philippines
: HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS:
First Regular Session

2082

INTRODUCED BY HON. JERICHO JONAS B. NOGRALES

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9372, OTHERWISE
KNOWN AS “AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM”

. EXPLANATORY NOTE

The Human Security Act (HSA) of 2007 (R.A. No. 9372) needs to be revised to make
it rational, balanced, realistic and truly effective in the fight against terrorism.

The passage of the HSA in 2007 was intended to provide a legal framework that would
allow the Philippine’s criminal justice system and institutions to prevent and counter terrorism.
Unfortunately, twelve (12) years after its passage, the HSA has provided little to nil
contribution in the fight against terrorism. To this date, there have only been two cases where
the HSA has been applied. First was in the 2008 case of Jun Guevarra where the accused plea
bargained and in the proscription of the Abu Sayyaf Group as a Terrorist Organization in 2015.

Other than the two cases mentioned, there have been no other reported application of
the HSA. Nota single case for the violation of the HSA was filed even for the infamous Marawi
Siege, the Sulu Cathedral Bombing and the Zamboanga Bombing.

The non-use of the Human Security Act by law enforcement agencies is a ‘clear
symptom that there is a problem with our country’s primary legal tool against terrorism.
Criticisms of the HSA being not only inadequate but even detrimental in preventing and
countering terrorism have surfaced. The vagueness of the definition of the crime of terrorism,
the almost absurd provisions for awards of damages, and the unreasonably restrictive measures

which negate the very intent of the HSA are but a few of the reasons raised why the law has
become inutile.

This proposed measure seeks to address the gaps, lapses and inadequacies of the Human
Security Act of 2007. Among this bill’s salient features are:


* Provides a clearer definition of key concepts, including what “terrorist acts” are
punishable;

Allows for a graduation of penalties based on an offender's participation;

Penalizes “inciting to commit terrorist acts”;

Defines and penalizes “foreign terrorism” and “foreign terrorist”;

Imposes the penalty of perpetual disqualification from public office to offenders;
Provides greater powers to the Anti-Terrorism Council (ATC), especially over
telecommunications and internet service providers;

Includes the Department of Information and Communications Technology (DICT),
Department of Science and Technology (DOST), Department of Labor and
Employment (DOLE), and Department of Education (DepEd) in the ATC;

Mandates the creation of focus programs on Countering Violent Extremism, Counter
Terrorism Operational Readiness, Legal Affairs, Anti-Terror Financing, and
International Affairs;

Empowers the ATC to take measures to prevent terrorists from acquiring Weapons of
Mass Destruction (WMDs);
© Requires the DepEd, CHED and TESDA to promote peace and inclusivity in schools,

learning centers, and training institutions;

Imposes stricter rules on surveillance information disclosure;

Emphasizes the need for documentation of the chain of possession and custody over
surveillance tapes, discs and recording;

Provides greater protection for members of the most vulnerable groups (elderly,
pregnant women, PWDs, women, and children);

Mandates the ATC to motu proprio investigate reports of abuse, malicious application
and improper implementation of the law.

The recent bombing in Indanan, Sulu, reportedly perpetrated by suicide bombers,
reveals a more sinister escalation in terror activities. It thus becomes more critical that we
rationalize and update our primary legal tool against terrorism.

‘The expedient passage of this bill into law is eamestly and gravely sought.

JE! JONAS B. NOGRALES
Reprdsentative, PBA Parly List


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ax 28

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

2
HOUSE BILL N ane

INTRODUCED BY HON. JERICHO JONAS B. NOGRALES

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9372,
OTHERWISE KNOWN AS “AN ACT TO SECURE THE STATE AND
PROTECT OUR PEOPLE FROM TERRORISM”

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

SECTION 1. Short Title. - This Act shall henceforth be known as the ["Human
Security Act of 2007."| “ANTI-TERRORISM ACT OF 2019.”

SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life,
liberty, and property from acts of terrorism, to condemn terrorism as inimical and
dangerous to the national security of the country and to the welfare of the people, and
to make terrorism a crime against the Filipino people, against humanity, and against the
law of nations.

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.]

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

(A) "CONSPIRACY" EXISTS WHEN TWO OR MORE PERSONS
COME TO AN AGREEMENT CONCERNING THE COMMISSION OF
THE CRIMES DEFINED AND PENALIZED UNDER THE PROVISION
OF THIS ACT, AND DECIDE TO COMMIT THE SAME;

(B) "CRITICAL INFRASTRUCTURE" REFERS TO AN ASSET OR
SYSTEM THAT IS ESSENTIAL FOR THE MAINTENANCE OF VITAL
SOCIETAL FUNCTIONS, HEALTH, SAFETY, SECURITY ECONOMIC
OR SOCIAL WELL-BEING. IT MAY INCLUDE, BUT IS NOT LIMITED
TO, COMMUNICATIONS, EMERGENCY SERVICES, FUEL,
ENERGY, DAMS, FINANCE, FOOD, PUBLIC SERVICES, INDUSTRY,
TRANSPORT, RADIO AND TELEVISION, INFORMATION
TECHNOLOGY, COMMERCIAL FACILITIES, CHEMICAL AND
NUCLEAR SECTORS, AND WATER;

(C) “FOREIGN TERRORISTS” ARE ANY PERSONS WHO TRAVEL
TO A STATE OTHER THAN THEIR STATES OF RESIDENCE OR
NATIONALITY FOR THE PURPOSE OF PERPETRATING,


PLANNING, OR PREPARING FOR, OR PARTICIPATING IN,

TERRORIST ACTS OR PROVIDING FOR OR RECEIVING OF
TERRORIST TRAINING. THESE SHALL ALSO INCLUDE
INDIVIDUALS RESIDING ABROAD WHO COME TO THE
PHILIPPINES TO PARTICIPATE IN PERPETRATING, PLANNING,
OR PREPARING FOR, OR PARTICIPATING IN TERRORIST ACTS
OR PROVIDE SUPPORT FOR OR FACILITATE TERRORIST
TRAINING HERE OR ABROAD;

(D) “INCITING TO COMMIT TERRORIST ACTS” IS COMMITTED
WHEN A PERSON, DIRECTLY OR INDIRECTLY, PROVOKES,
GOADS, INSTIGATES, OR PERSUADES ANOTHER INDIVIDUAL OR
ORGANIZATION TO COMMIT ANY OF THE CRIMES DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT, WHETHER
BY MEANS OF VERBAL, WRITTEN, OR _ VISUAL
COMMUNICATION;

(E) "MATERIAL SUPPORT" REFERS TO ANY PROPERTY,
TANGIBLE OR INTANGIBLE, OR SERVICE, INCLUDING
CURRENCY OR MONETARY INSTRUMENTS OR FINANCIAL
SECURITIES, FINANCIAL SERVICES, LODGING, TRAINING,
EXPERT ADVICE OR ASSISTANCE, SAFEHOUSES, FALSE
DOCUMENTATION OR IDENTIFICATION, COMMUNICATIONS
EQUIPMENT, FACILITIES, WEAPONS, LETHAL SUBSTANCES,
EXPLOSIVES, PERSONNEL (1 OR MORE INDIVIDUALS WHO MAY
BE OR INCLUDE ONESELF), AND TRANSPORTATION, EXCEPT
MEDICINE OR RELIGIOUS MATERIALS;

(F) "PROPOSAL TO COMMIT TERRORIST ACTS" IS
COMMITTED WHEN A PERSON WHO HAS DECIDED TO COMMIT
ANY OF THE CRIMES DEFINED AND PENALIZED UNDER THE

3


PROVISIONS OF THIS ACT PROPOSES ITS EXECUTION TO SOME
OTHER PERSON OR PERSONS;

(G) “RECRUIT” SHALL REFER TO ANY ACT TO PROCURE,
INDUCE, OR INCITE OTHERS TO PARTICIPATE, COMMIT, OR
SUPPORT ANY TERRORIST ACTS, OR TERRORIST INDIVIDUALS
OR ORGANIZATIONS;

(A) “SURVEILLANCE ACTIVITIES” REFER TO THE TRACKING
DOWN, FOLLOWING, OR INVESTIGATION OF INDIVIDUALS OR
ORGANIZATIONS; OR THE TAPPING, LISTENING,
INTERCEPTING, AND RECORDING OF MESSAGES,
CONVERSATIONS, DISCUSSIONS, SPOKEN OR WRITTEN WORDS,
AND OTHER COMMUNICATIONS OF INDIVIDUALS ENGAGED IN
TERRORIST ACTS AS DEFINED HEREUNDER;

@ “TRAINING” SHALL REFER TO THE. GIVING OF
INSTRUCTION OR TEACHING DESIGNED TO IMPART A SPECIFIC
SKILL IN RELATION TO SOME TERRORIST ACTS AS DEFINED
HEREUNDER, AS OPPOSED TO GENERAL KNOWLEDGE;

() "TERRORIST INDIVIDUAL" SHALL REFER TO ANY
NATURAL PERSON WHO COMMITS ANY OF THE ACTS DEFINED
AND PENALIZED UNDER THE PROVISIONS OF THIS ACT, AS A
PRINCIPAL, ACCOMPLICE OR ACCESSORY, OR THOSE WHO ARE
MEMBERS OF TERRORIST ORGANIZATIONS PROSCRIBED
UNDER SECTION 24 HEREOF;

(K) "TERRORIST ORGANIZATION, ASSOCIATION OR GROUP
OF PERSONS" SHALL REFER TO ANY ENTITY ORGANIZED FOR
THE PURPOSE OF ENGAGING IN TERRORIST ACTS, OR THOSE

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* PROSCRIBED UNDER SECTION 24 HEREOF OR THE UNITED
NATIONS SECURITY COUNCIL-DESIGNATED TERRORIST
ORGANIZATION; AND

(L) "WEAPONS OF MASS DESTRUCTION" (WMD) SHALL REFER
TO CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR
WEAPONS WHICH ARE CAPABLE OF A HIGH ORDER OF
DESTRUCTION OR CAUSING MASS CASUALTIES. IT EXCLUDES
THE MEANS OF TRANSPORTING OR PROPELLING THE WEAPON
WHERE SUCH MEANS IS A SEPARABLE AND DIVISIBLE PART
FROM THE WEAPON.

SEC. [3] 4. [Terrorism] TERRORIST ACTS. - [Any person who commits an
act punishable under any of the following, provisions of the Revised Penal Code:] ANY
PERSON WHO COMMITS ANY OF THE FOLLOWING UNLAWFUL ACTS,
REGARDLESS OF ITS STAGE OF EXECUTION, WHEN THE PURPOSE OF
SUCH ACT, BY ITS NATURE AND CONTEXT, IS TO INTIMIDATE, PUT IN
FEAR, FORCE OR INDUCE THE GOVERNMENT OR ANY
INTERNATIONAL ORGANIZATION, OR THE PUBLIC TO DO OR TO
ABSTAIN FROM DOING ANY ACT, OR SERIOUSLY DESTABILIZE OR
DESTROY THE FUNDAMENTAL POLITICAL, ECONOMIC OR SOCIAL
STRUCTURES OF THE COUNTRY, OR CREATE A PUBLIC EMERGENCY
OR UNDERMINE PUBLIC SAFETY:

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

x

Article 134 (Rebellion or Insurrection);
Article 134-a (Coup d' Etat), including acts committed by private persons;
Article 248 (Murder);

as

°

Article 267 (Kidnapping and Serious Illegal Detention);

m

Article 324 (Crimes Involving Destruction); or under

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(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, as amended (Decree Codifying the
Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition

or Disposition of Firearms, Ammunitions or Explosives)

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

A. ATTACKS THAT CAUSE DEATH OR SERIOUS BODILY
INJURY TO ANY PERSON;

B. ATTACKS THAT CAUSE EXTENSIVE DAMAGE OR
DESTRUCTION TO A GOVERNMENT OR PUBLIC FACILITY,
CRITICAL INFRASTRUCTURE, PUBLIC PLACE OR PRIVATE
PROPERTY LIKELY TO ENDANGER HUMAN LIFE OR
RESULT IN MAJOR ECONOMIC LOSS;

C. MANUFACTURE, POSSESSION, ACQUISITION, TRANSPORT,
SUPPLY OR USE OF WEAPONS, EXPLOSIVES OR OF
BIOLOGICAL OR CHEMICAL WEAPONS, AS WELL AS


RESEARCH INTO, AND DEVELOPMENT OF, BIOLOGICAL
AND CHEMICAL WEAPONS;

D. RELEASE OF DANGEROUS SUBSTANCES, OR CAUSING
FIRES, FLOODS OR EXPLOSIONS THE EFFECT OF WHICH IS
TO ENDANGER HUMAN LIFE; AND

E. THREAT TO COMMIT ANY OF THE ACTS LISTED IN
PARAGRAPHS (A) TO (D) OF THIS SECTION

SHALL BE GUILTY OF COMMITTING A TERRORIST ACT AND
SHALL SUFFER THE PENALTY OF LIFE IMPRISONMENT
WITHOUT THE BENEFIT OF PAROLE: PROVIDED, THAT,
TERRORIST ACTS AS DEFINED UNDER THIS SECTION SHALL NOT
COVER LEGITIMATE EXERCISES OF THE FREEDOM OF
EXPRESSION AND TO PEACEABLY ASSEMBLE, INCLUDING BUT
NOT LIMITED TO ENGAGING IN ADVOCACY, PROTEST, DISSENT
OR MASS ACTION WHERE A PERSON DOES NOT HAVE THE
INTENTION TO USE OR URGE THE USE OF FORCE OR VIOLENCE
OR CAUSE HARM TO OTHERS.

SEC. 5. PLANNING, PREPARING AND FACILITATING THE
COMMISSION OF A TERRORIST ACT. - 1T SHALL BE UNLAWFUL
FOR ANY PERSON TO PARTICIPATE IN THE PLANNING,
PREPARATION AND FACILITATION IN THE COMMISSION OF A
TERRORIST ACT, POSSESSING OBJECTS CONNECTED IN THE
COMMISSION OF A TERRORIST ACT OR COLLECTING OR
MAKING: DOCUMENTS LIKELY TO FACILITATE THE
COMMISSION OF A TERRORIST ACT. ANY PERSON FOUND
GUILTY OF THE PROVISION OF THIS ACT SHALL SUFFER THE
PENALTY OF LIFE IMPRISONMENT WITHOUT THE BENEFIT OF
PAROLE.


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SEC. [4]. 6. ATTEMPT OR Conspiracy to Commit [Terrorism] A
TERRORIST ACT. - ANY ATTEMPT TO COMMIT ANY OF THE ACTS
DEFINED AND PENALIZED UNDER SECTION 4 OF THIS ACT
SHALL BE PENALIZED BY LIFE IMPRISONMENT WITHOUT THE
BENEFIT OF PAROLE.

ANY CONSPIRACY [Persons who conspire] to commit [the crime of
terrorism] TERRORIST ACTS AS DEFINED AND PENALIZED UNDER
SECTION 4 OF THIS ACT shall BE PENALIZED BY [suffer the penalty of
forty (40) years of imprisonment. LIFE IMPRISONMENT WITHOUT THE
BENEFIT OF PAROLE.

There is conspiracy when two or more persons come to an agreement concerning
the commission of [the crime of terrorism] TERRORIST ACTS as defined in

Section [3] 4 hereof and decide to commit the same.

SEC. 7. PROPOSAL TO COMMIT TERRORIST ACTS. - ANY PERSON
WHO PROPOSES TO COMMIT TERRORIST ACTS AS DEFINED IN
SECTION 4 HEREOF SHALL SUFFER THE PENALTY OF
IMPRISONMENT FROM EIGHT (8) YEARS AND ONE DAY TO
TWELVE (12) YEARS.

SEC. 8. INCITING TO COMMIT TERRORIST ACTS. - ANY PERSON
WHO DISTRIBUTES OR OTHERWISE MAKES A MESSAGE
AVAILABLE TO THE PUBLIC WITH THE INTENT TO INCITE
ANOTHER BY ANY MEANS, DIRECTLY OR INDIRECTLY TO
COMMIT A TERRORIST ACT WHERE SUCH CONDUCT CAUSES A
DANGER OF SUCH ACTS BEING ACTUALLY COMMITTED SHALL
SUFFER THE PENALTY OF IMPRISONMENT FROM SIX (6) YEARS
AND ONE DAY TO TEN (10) YEARS.


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SEC. 9. RECRUITMENT TO AND MEMBERSHIP IN A TERRORIST
ORGANIZATION. - ANY PERSON WHO SHALL RECRUIT ANOTHER
TO PARTICIPATE, JOIN, COMMIT OR SUPPORT ANY TERRORIST
ACT OR A TERRORIST INDIVIDUAL OR ANY TERRORIST
ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS WHICH
IS PROSCRIBED UNDER SECTION 24 OF THIS ACT, OR THE
UNITED NATIONS SECURITY COUNCIL-DESIGNATED TERRORIST
ORGANIZATION, OR ORGANIZED FOR THE PURPOSE OF
ENGAGING IN TERRORIST ACTS, SHALL SUFFER THE PENALTY
OF LIFE IMPRISONMENT WITHOUT THE BENEFIT OF PAROLE.

ANY PERSON WHO SHALL VOLUNTARILY AND
KNOWINGLY JOIN ANY ORGANIZATION, ASSOCIATION OR
GROUP OF PERSONS KNOWING THAT SUCH ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS IS PROSCRIBED UNDER
SECTION 24 OF THIS ACT, OR THE UNITED NATIONS SECURITY
COUNCIL DESIGNATED TERRORIST ORGANIZATION, OR
ORGANIZED FOR THE PURPOSE OF ENGAGING IN TERRORIST
ACTS, SHALL SUFFER THE PENALTY OF EIGHT (8) YEARS ‘AND
ONE DAY, TO TWELVE (12) YEARS.

SEC. 10. FOREIGN TERRORIST. - THE FOLLOWING ACTS ARE
UNLAWFUL AND SHALL BE PUNISHED WITH THE PENALTY OF
LIFE IMPRISONMENT WITHOUT THE BENEFIT OF PAROLE:

(A) FOR ANY PERSON TO TRAVEL OR ATTEMPT TO TRAVEL
TO A STATE OTHER THAN HIS/HER STATE OF RESIDENCE
OR NATIONALITY, FOR THE PURPOSE OF PERPETRATING,
PLANNING, OR PREPARING FOR, OR PARTICIPATING IN
TERRORIST ACTS, OR PROVIDING OR RECEIVING
TERRORIST TRAINING; OR


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(B) FOR ANY PERSON TO ORGANIZE OR FACILITATE THE
TRAVEL OF INDIVIDUALS WHO TRAVEL TO A STATE
OTHER THAN THEIR STATES OF RESIDENCE OR
NATIONALITY FOR THE PURPOSE OF PERPETRATING,
PLANNING, OR PREPARING FOR, OR PARTICIPATING IN
TERRORIST ACTS OR PROVIDING OR RECEIVING
TERRORIST TRAINING, INCLUDING ACTS. OF
RECRUITMENT WHICH MAY BE COMMITTED THROUGH
ANY OF THE FOLLOWING MEANS: .

i RECRUITING ANOTHER PERSON TO SERVE IN ANY
CAPACITY IN OR WITH AN ARMED FORCE IN A
FOREIGN STATE, WHETHER THE ARMED FORCE
FORMS PART OF THE ARMED FORCES OF THE
GOVERNMENT OF THAT FOREIGN STATE OR
OTHERWISE;

PUBLISHING AN ADVERTISEMENT OR
PROPAGANDA, FOR THE PURPOSE OF RECRUITING
PERSONS TO SERVE IN ANY CAPACITY IN OR WITH
SUCH AN ARMED FORCE; ,

iii. PUBLISHING AN ADVERTISEMENT OR
PROPAGANDA CONTAINING ANY INFORMATION
RELATING TO THE PLACE AT WHICH, OR THE
MANNER IN WHICH, PERSONS MAY MAKE
APPLICATIONS TO SERVE, OR OBTAIN
INFORMATION RELATING TO SERVICE, IN ANY
CAPACITY IN OR WITH SUCH ARMED FORCE OR
RELATING TO THE MANNER IN WHICH PERSONS

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MAY TRAVEL TO A FOREIGN STATE FOR THE
PURPOSE OF SERVING IN ANY CAPACITY IN OR WITH
SUCH ARMED FORCE; OR

iv. PERFORMING ANY OTHER ACT WITH THE
INTENTION OF FACILITATING OR PROMOTING THE
RECRUITMENT OF PERSONS TO SERVE IN ANY
CAPACITY IN OR WITH SUCH AN ARMED FORCE.

(C) FOR ANY PERSON RESIDING ABROAD WHO COMES TO THE
PHILIPPINES TO PARTICIPATE IN PERPETRATING, PLANNING,
OR PREPARING FOR, OR PARTICIPATING IN TERRORIST ACTS
OR PROVIDE SUPPORT FOR OR FACILITATE TERRORIST
TRAINING HERE OR ABROAD.

SEC. 11. PROVIDING MATERIAL SUPPORT TO TERRORISTS. - ANY
PERSON WHO KNOWINGLY PROVIDES MATERIAL SUPPORT TO
ANY TERRORIST INDIVIDUAL OR TERRORIST ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS COMMITTING, INCITING
TO OR PLANNING TO COMMIT ANY OF THE ACTS PUNISHABLE
UNDER SECTION 4 HEREOF, OR WHO SHOULD HAVE KNOWN
THAT SUCH INDIVIDUAL OR ORGANIZATION, ASSOCIATION, OR
GROUP OF PERSONS IS COMMITTING OR PLANNING TO COMMIT
SUCH ACTS, SHALL BE LIABLE AS PRINCIPAL TO ANY AND ALL
TERRORIST ACTIVITIES COMMITTED BY SAID INDIVIDUALS OR
ORGANIZATIONS, IN- ADDITION TO OTHER CRIMINAL
LIABILITIES HE OR THEY MAY HAVE INCURRED IN RELATION
THERETO.

SEC. [5] 12. Accomplice. - Any person who, not being a principal under Article
17 of the Revised Penal Code or a conspirator as defined in Section [4] 3(A)

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AND SECTION 5 hereof, cooperates in the execution of [either] ANY OF the
crimeS [of terrorism or conspiracy to commit terrorism] DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT, by previous or
simultaneous acts SHALL BE LIABLE AS AN ACCOMPLICE AND ‘shall
suffer the penalty of IMPRISONMENT RANGING from seventeen (17) years,
four (4) months AND one day to twenty (20) years of imprisonment.

SEC. [6] 13. Accessory. - Any person who, having knowledge of the commission
of ANY OF the crimeS [of terrorism or conspiracy to commit terrorism,]
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS
ACT, 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; OR (c) by harboring, concealing, or assisting in the escape 6f the
principal or conspirator of the crime, SHALL BE LIABLE AS AN
ACCESSORY AND shall suffer the penalty of IMPRISONMENT
RANGING FROM ten (10) years and one day to twelve (12) years fof

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 (a).]

SEC. 14. PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE. -
ANY PERSON FOUND GUILTY OF ANY OF THE ACTS DEFINED
AND PENALIZED UNDER THE PROVISIONS OF THIS ACT SHALL
BE PERPETUALLY DISQUALIFIED FROM RUNNING FOR ANY

12


ELECTIVE OFFICE OR HOLDING ANY PUBLIC OFFICE.
FURTHERMORE, IF SAID PERSON IS A PUBLIC OFFICER OR
MEMBER OF THE CIVIL SERVICE, HE/SHE SHALL BE METED THE
PENALTY OF DISMISSAL FROM SERVICE, WITH THE ACCESSORY
PENALTIES OF CANCELLATION OF CIVIL SERVICE ELIGIBILITY,
AND FORFEITURE OF RETIREMENT BENEFITS.

SEC. [7] 15. Surveillance of Suspects and Interception and Recording of
Communications. - The provisions of Republic Act No. 4200 (Anti-Wire
Tapping Law) to the contrary notwithstanding, [a police or] law enforcement
[official and the members of his team] OR MILITARY PERSONNEL may,
upon a written order of the Court of Appeals OR REGIONAL TRIAL
COURT SECRETLY WIRETAP, OVERHEAR AND listen to, intercept,
SCREEN, READ, SURVEIL, [and] record OR COLLECT, with the use of
any mode, form, kind or type of electronic, MECHANICAL OR OTHER
EQUIPMENT OR DEVICE or TECHNOLOGY NOW KNOWN OR MAY
HEREAFTER BE KNOWN TO SCIENCE [other surveillance equipment or
intercepting and tracking devices,] or with the use of any other suitable ways and
means for {that] THE ABOVE purposeS, any PRIVATE communicationS,
[message] conversation, discussion/S, DATA, INFORMATION,
MESSAGES IN WHATEVER FORM, KIND OR NATURE, [or] spoken or
written words (A) between members of a judicially declared and outlawed
terrorist organization, AS PROVIDED IN SECTION 24 OF THIS ACT; (B)
BETWEEN MEMBERS OF A DESIGNATED PERSON AS DEFINED IN
SECTION 3(E) OF REPUBLIC ACT NO. 10168, OTHERWISE KNOWN
AS THE "TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012"; OR (C) association, or group of persons or
of] any person charged with or suspected of COMMITTING ANY OF the
crimeS fof terrorism or conspiracy to commit terrorism] DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT: Provided, That,

surveillance, interception and recording of communications between lawyers

13


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on 26

and clients, doctors and patients, journalists and their sources and confidential

business correspondence shall not be authorized.

IN CASE OF AN ACTUAL OR IMMINENT TERRORIST
ATTACK, THE ANTI-TERRORISM COUNCIL MAY FILE AN EX-
PARTE APPLICATION WITH THE COURT OF APPEALS OR
REGIONAL TRIAL COURT FOR THE ISSUANCE OF AN ORDER, TO
COMPEL TELECOMMUNICATIONS SERVICE PROVIDERS (TSP)
AND INTERNET SERVICE PROVIDERS (ISP) 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 OF THE CRIMES DEFINED AND PENALIZED
UNDER THE PROVISIONS OF THIS ACT. UPON ISSUANCE OF SAID
ORDER, NOTICE THEREOF SHALL BE GIVEN TO NATIONAL
TELECOMMUNICATIONS COMMISSION (NTC) TO ENSURE
IMMEDIATE COMPLIANCE.

SEC. [8] 16. Formal Application for Judicial Authorization. - The written order
[of the authorizing division of the Court of Appeals] to LOCATE, track down,
tap, listen to, intercept, and record communications, messages, conversations,
discussions, or spoken or written words of any person OR GROUP OF
PERSONS suspected of COMMITTING ANY OF the crimeS DEFINED
AND PENALIZED [of terrorism or the crime of conspiracy to commit
terrorism] UNDER THE PROVISIONS OF THIS ACT shall only be granted
by the authorizing division of the Court of Appeals OR THE REGIONAL
TRIAL COURT upon an ex parte written application of a [police or of a] law
enforcement [official] AGENT OR DEPUTIZED LAW ENFORCEMENT
AGENCY, 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

14


© ar oannraon

the applicant and the witnesses ESTABLISH [he may produce to establish]: (a)
that there is probable cause to believe based on personal knowledge of facts or
circumstanves that the [said] crimeS DEFINED AND PENALIZED [of
terrorism or conspiracy to commit terrorism] UNDER THE PROVISIONS OF
THIS ACT 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.

SEC. [9] 17. Classification and Contents of the Order of the Court. - The written
order granted by the authorizing division of the Court of Appeals OR THE
REGIONAL TRIAL COURT as well as [its order, if any, to extend or renew
the same, the original application of the applicant, including his application to
extend or renew, if any, and the written authorizations of the Anti-Terrorism
Council] THE APPLICATION FOR SUCH ORDER, shall be deemed and are
hereby declared as classified information. BEING CLASSIFIED
INFORMATION, ACCESS TO THE SAID DOCUMENTS AND ANY
INFORMATION CONTAINED IN SAID DOCUMENTS SHALL BE
LIMITED TO THE APPLICANTS, DULY AUTHORIZED PERSONNEL
OF THE ANTI-TERRORISM COUNCIL, THE HEARING JUSTICES
OR JUDGE, THE CLERK OF COURT AND DULY AUTHORIZED
PERSONNEL OF THE HEARING OR ISSUING COURT. [: 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 OR THE

15


REGIONAL TRIAL COURT shall specify the following: (a) the identity, such
as name and address, if known, of the [charged or suspected] person OR
PERSONS 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 OR PERSONS suspected of COMMITTING ANY
OF the crimeS DEFINED AND PENALIZED [of terrorism or conspiracy to
commit terrorism is] UNDER THE PROVISIONS OF THIS ACT ARE not
fully known, such person OR PERSONS 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] AGENT OR MILITARY PERSONNEL,
including the individual identity [(names, addresses, and the police or law
enforcement organization)| of the members of his team, judicially authorized to
[track down, tap, listen to, intercept, and record the communications, messages,
conversations, discussions, or spoken or written words] UNDERTAKE
SURVEILLANCE ACTIVITIES; (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.

SEC. [10] 18. Effective Period of Judicial Authorization. - Any authorization
granted by the [authorizing division of the Court of Appeals] COURTS,
pursuant to Section [9(d)} 16 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 OR REGIONAL TRIAL COURT which shall not exceed a period of
[thirty (30)] SIXTY (60) days from the date of receipt of the written order fof
the authorizing division of the Court of Appeals] by the applicant [police or] law
enforcement [official] OR MILITARY PERSONNEL.

16


The authorizing division of the Court of Appeals OR THE REGIONAL
TRIAL COURT may extend or renew the said authorization [for] TO A
[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] ISSUING COURT 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 OR MILITARY official shall have thirty
(30) days after the termination of the period granted by the Court of Appeals OR
REGIONAL TRIAL COURT as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office far any
violation of this Act.

If no case is filed [within the thirty (30)-day period] AFTER THE
LAPSE OF THE JUDICIAL AUTHORIZATION, the applicant [police or]
law enforcement OR MILITARY 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 IMPRISONMENT
FROM ten (10) years and one day to twelve (12) years [of imprisonment] shall
be imposed upon the applicant [police or] law enforcement OR MILITARY
official who fails to notify the person subject of the surveillance, monitoring,

interception and recording as specified above.


SEC. [11.] 19. Custody of Intercepted and Recorded Communications. - All
tapes, discs, OTHER STORAGE DEVICES, [and] recordings, NOTES,
MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES
THEREOF [made pursuant to the authorization of the authorizing division of
the] OBTAINED UNDER THE JUDICIAL AUTHORIZATION
GRANTED BY THE Court of Appeals OR THE 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 after the expiration of the period fixed in the written order fof the
authorizing division of the Court of Appeals or within forty-eight (48) hours after
the expiration of any] OR THE extension or renewal granted [by the authorizing
division of the Court of Appeals} THEREAFTER, be deposited with the
[authorizing Division of the Court of Appeals] ISSUING COURT in a sealed
envelope or sealed package, as the case may be, and shall be accompanied by a
joint affidavit of the applicant [police or] law enforcement OR MILITARY
official and the members of his team. THE JOINT AFFIDAVIT SHALL
PROVIDE THE CHAIN OF CUSTODY OR THE LIST OF PERSONS
WHICH EXERCISED POSSESSION OR CUSTODY OVER THE TAPES,
DISCS AND RECORDINGS.

[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 df Appeals shall execute with the members of the team that required
affidavit.]

It. shall be unlawful for any person, [police officer] LAW
ENFORCEMENT OR MILITARY OFFICIAL or any custodian of the tapes,
discs, OTHER STORAGE DEVICES [and] recordings, NOTES,
MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES

THEREOF [and their excerpts and summaries, written notes or memoranda to

18


oar oar on a

BR S38

14

copy in whatever form,] to 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 removes, deletes, expunges, incinerates, shreds or
destroys the items enumerated above shall suffer [a] THE penalty of
IMPRISONMENT RANGING FROM [not less than] six (6) years and one

day to twelve (12) years [of imprisonment].

SEC. [12] 20. Contents of Joint Affidavit. - The joint affidavit of the [police or
of the] law enforcement {official and the individual members of his team] 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] ; (b) the dates and times covered by each of such tapes,
discs, and recordings; [(c) 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 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] AND (C) THE CHAIN OF CUSTODY OR
THE LIST OF PERSONS WHO HAD POSSESSION OR CUSTODY
OVER THE TAPES, DISCS AND RECORDINGS.

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, OTHER STORAGE
DEVICES [and] recordings, NOTES, MEMORANDA, SUMMARIES,
EXCERPTS AND ALL COPIES THEREOF and that no duplicates or copies

[of the whole or any part of any of such excerpts, summaries, written notes, and

19


memoranda] THEREOF, 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 OR
REGIONAL TRIAL COURT.

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

Any person, [police or] law enforcement OR MILITARY officer who
violates any of the acts proscribed in the preceding paragraph shall suffer the
penalty of IMPRISONMENT RANGING FROM [not less than] ten (10) years

and one day to twelve (12) years [of imprisonment].

SEC. [13] 21. Disposition of Deposited Materials. - The sealed envelope or
sealed package and the contents thereof, REFERRED TO IN SECTION 19
OF THIS ACT, [which are deposited with the authorizing division of the Court
of Appeals,] shall be deemed and are hereby declared classified information. [,
and t] 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,] DISCLOSED, or used as
evidence unless authorized by A written order of the authorizing division of the
Court of Appeals OR 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 TO 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.

20


[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.

THE WRITTEN APPLICATION, WITH NOTICE TO THE
PARTY CONCERNED, FOR THE OPENING, REPLAYING,
DISCLOSING, OR USING AS EVIDENCE OF THE SEALED PACKAGE
OR THE: CONTENTS THEREOF, SHALL CLEARLY STATE THE
PURPOSE OR REASON FOR ITS OPENING, REPLAYING,
DISCLOSING, OR ITS BEING USED AS EVIDENCE.

VIOLATION OF THIS AND THE PRECEDING PARAGRAPH
SHALL BE PENALIZED BY IMPRISONMENT RANGING FROM
EIGHT YEARS AND ONE DAY TO TEN (10) YEARS.

[SEC. 14. 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 opening the sealed envelope or sealed package; (b) for revealing or disclosing
its classified contents; (c) for replaying, divulging, and or reading any of the
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); [ and, (d) 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.

21


RON

SZSRRNRRBRBRBBVRBVSSUIFARSHN ASSO MNO SG

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.]

SEC. [15] 22. 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.

SEC. [16] 23. Penalty for Unauthorized or Malicious Interceptions and/or
Recordings. - Any [police or] law enforcement OR MILITARY personnel who
[, not being authorized to do so by the authorizing division of the Court of
Appeals, tracks down, taps, listens to, intercepts, and records in whatever manner
or form any communication, message, conversation, discussion, or spoken or
written word of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism] CONDUCTS SURVEILLANCE
ACTIVITIES WITHOUT A VALID JUDICIAL AUTHORIZATION shall
be guilty of an offense and shall suffer the penalty of IMPRISONMENT
RANGING FROM ten (10) years and one day to twelve (12) years lof

imprisonment}.

{In addition to the liability attaching to the offender for the commission
of any other offense, the penalty of ten (10) years and one day to twelve (12)
years of imprisonment and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon any police or law
enforcement personnel who maliciously obtained an authority from the Court of

Appeals to track down, tap, listen to, intercept, and record in whatever manner

22


or form any communication, message, conversation, discussion, or spoken or
written words of a person charged with or suspected of the crime of terrorism or
conspiracy'to commit terrorism: Provided, That notwithstanding Section 13 of
this Act, the party aggrieved by such authorization shall be allowed access to the
sealed envelope or sealed package and the contents thereof as evidence for the
prosecution of any police or law enforcement personnel who maliciously

procured said authorization]

SEC. [17] 24. Proscription of Terrorist Organizations, Association, or Group of
Persons. - Any GROUP OF PERSONS, organization, OR 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 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] COMMITS ANY OF THE
ACTS DEFINED AND PENALIZED UNDER THE PROVISIONS OF
THIS ACT, OR EXISTS FOR THE PURPOSE OF ENGAGING IN
TERRORIST ACTS 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 GROUP OF PERSONS, organization [,] OR association, for group
of persons concerned], be declared as a terrorist and outlawed GROUP OF
PERSONS, organization[,] OR association, for group of persons] by the said
Regional Trial Court.

THE APPLICATION SHALL BE FILED WITH AN URGENT
PRAYER FOR THE ISSUANCE OF A PRELIMINARY ORDER OF
PROSCRIPTION. NO APPLICATION FOR PROSCRIPTION SHALL
BE FILED WITHOUT THE AUTHORITY OF THE ANTI-TERRORISM
COUNCIL UPON THE RECOMMENDATION OF THE NATIONAL
INTELLIGENCE COORDINATING AGENCY (NICA).

23


SEC. 25. PRELIMINARY ORDER OF PROSCRIPTION. - WHERE
THE REGIONAL TRIAL COURT JUDGE HAS DETERMINED THAT
PROBABLE CAUSE EXISTS ON THE BASIS OF THE VERIFIED
APPLICATION WHICH IS SUFFICIENT IN FORM AND SUBSTANCE,
HE/SHE SHALL, WITHIN SEVENTY TWO (72) HOURS FROM THE
FILING OF THE APPLICATION, ISSUE A PRELIMINARY ORDER OF
PROSCRIPTION DECLARING THAT THE RESPONDENT IS A
TERRORIST AND AN OUTLAWED ORGANIZATION OR

ASSOCIATION WITHIN THE MEANING OF SECTION 24 OF THIS
ACT.

‘THE COURT WILL SCHEDULE A SUMMARY HEARING AT A
DATE AND TIME WITHIN A SIX-MONTH PERIOD FROM THE
FILING OF THE VERIFIED APPLICATION, WHEN THE
RESPONDENT MAY, FOR GOOD CAUSE, SHOW WHY THE ORDER
OF PROSCRIPTION SHOULD BE SET ASIDE. 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.

THE ORDER OF PROSCRIPTION HEREIN GRANTED SHALL
BE POSTED IN A NEWSPAPER OF GENERAL CIRCULATION AND
SHALL BE VALID FOR A PERIOD OF THREE YEARS AFTER
WHICH, A REVIEW OF SUCH ORDER SHALL BE MADE AND IF
CIRCUMSTANCES WARRANT, THE SAME SHALL BE LIFTED.

SEC. 26. 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

24


FOREIGN AFFAIRS TO THE ANTI-TERRORISM COMMISSION TO
DETERMINE, WITH THE ASSISTANCE OF THE NATIONAL
INTELLIGENCE COORDINATING AGENCY, IF PROSCRIPTION
UNDER SECTION 24 OF THIS ACT IS WARRANTED. IF THE
REQUEST FOR PROSCRIPTION IS GRANTED, THE COMMISSION
SHALL CORRESPONDINGLY COMMENCE  PROSCRIPTION
PROCEEDINGS THROUGH THE DEPARTMENT OF JUSTICE.

SEC. [18] 27. [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 personnel OR DEPUTIZED
LAW ENFORCEMENT AGENCY 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 COMMITTING ANY
TERRORIST ACTS [the crime of terrorism] or ANY ATTEMPT OR
CONSPIRACY TO COMMIT TERRORIST ACTS [the crime of conspiracy
to commit terrorism shall] OR ANY MEMBER OF A GROUP OF
PERSONS, ORGANIZATION OR ASSOCIATION PROSCRIBED IN
ACCORDANCE WITH SECTION 24 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 person to the proper
judicial authority within a period of [three] FOURTEEN (14) WORKING
days counted from the moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into custody by the [said police, or]
law enforcement PERSONNEL OR DEPUTIZED LAW ENFORCEMENT
AGENCY OR MILITARY personnel IF IT IS ESTABLISHED THAT (1)
FURTHER DETENTION OF THE PERSON/S IS NECESSARY TO
PRESERVE EVIDENCE RELATED TO THE TERRORIST ACT OR
COMPLETE THE INVESTIGATION; (2) FURTHER DETENTION OF
THE PERSON/S IS NECESSARY TO PREVENT THE COMMISSION
OF ANOTHER TERRORIST ACT; AND (3) THE INVESTIGATION IS

. 25


© ert one on

BEING CONDUCTED PROPERLY AND WITHOUT DELAY. [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 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 COMMITTING TERRORIST ACTS [the crime of terrorism or conspiracy
to commit terrorism] OR ANY MEMBER OF A GROUP OF PERSONS,
ORGANIZATION OR ASSOCIATION PROSCRIBED UNDER
SECTION 24 HEREOF, the [police or] law enforcement personnel OR
DEPUTIZED LAW ENFORCEMENT AGENCY OR MILITARY
PERSONNEL shall notify in writing the judge of the court nearest the place of
apprehension or arrest OF THE FOLLOWING FACTS: [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] (A) THE TIME, DATE, AND

26


MANNER OF ARREST; (B) THE LOCATION OR LOCATIONS OF THE
DETAINED SUSPECT/S AND (C) THE PHYSICAL AND MENTAL
CONDITION OF THE DETAINED SUSPECT/S. THE LAW
ENFORCEMENT PERSONNEL OR DEPUTIZED LAW
ENFORCEMENT AGENCY OR MILITARY PERSONNEL SHALL
LIKEWISE FURNISH THE ANTI-TERRORISM COUNCIL OF THE
WRITTEN NOTICE GIVEN TO THE JUDGE.

THE HEAD OF THE DETAINING FACILITY SHALL ENSURE
THAT THE DETAINED SUSPECT IS INFORMED OF HIS/HER
RIGHTS AS A DETAINEE AND SHALL ENSURE ACCESS TO THE
DETAINEE BY HIS/HER COUNSEL OR AGENCIES AND ENTITIES
AUTHORIZED BY LAW TO EXERCISE VISITORIAL POWERS OVER
DETENTION FACILITIES.

‘The penalty of IMPRISONMENT RANGING FROM ten (10) years
and one day to twelve (12) years [of imprisonment] shall be imposed upon the
police or law enforcement OR MILITARY personnel who fails to notify any
judge as provided in the preceding paragraph.

[SEC. 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 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. 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

27


SBomrxynaoarwn

wprneweeseeeeteere
SRBRBNBRRBRVESSBFAUSHARSN ER

of the detention of the persons concerned: Provided, however, That within three
days after the detention the suspects, whose connection with the terror attack or
threat is not established, shall be released immediately.]

[SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority
within Three Days. - The penalty of ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed upon any police or law enforcement
personnel who has apprehended or arrested, detained and taken custody of a
person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or suspected person to the
proper judicial authority within the period of three days.]

SEC. [21] 28. Rights of a Person under Custodial Detention. - The moment a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism is apprehended or arrested and detained, he shall
forthwith be informed, by the arresting police or law enforcement officers or by
the police or law enforcement officers to whose custody the person concerned is
brought, of his or her right: (a) to be informed of the nature and cause of his
arrest, to remain silent and to have competent and independent counsel
preferably of his choice. If the person cannot afford the services of counsel of
his or her choice, the [police or] law enforcement [officers] OR MILITARY
PERSONNEL concerned shall immediately contact the free legal assistance
unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office
(PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO
thus contacted to immediately visit the person(s) detained and provide him or
her with legal assistance. These rights cannot be waived except in writing and in
the presence of the counsel of choice; (b) informed of the cause or causes of his
detention in the presence of his legal counsel; (c) allowed to communicate freely
with his legal counsel and to confer with them at any time without restriction;
(d) allowed to communicate freely and privately without restrictions with the

members 6f his family or with his nearest relatives and to be visited by them;

28


©oar earn

and, (e) allowed freely to avail of the service of a physician or physicians of
choice.

SEC. [22] 29. Penalty for Violation of the Rights of a Detainee. — [Any police or
law enforcement personnel, or any personnel of the police or other law
enforcement custodial unit that violates any of the aforesaid rights of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall be guilty of an offense and shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.] THE PENALTY
OF IMPRISONMENT RANGING FROM TEN (10) YEARS AND ONE
DAY TO TWELVE (12) YEARS SHALL BE IMPOSED UPON ANY LAW
ENFORCEMENT OR MILITARY PERSONNEL WHO HAS VIOLATED
THE RIGHTS OF PERSONS UNDER THEIR CUSTODY, AS
PROVIDED FOR IN SECTIONS 26, 27, AND 28 OF THIS ACT.

Unless the [police or] law enforcement OR MILITARY personnel who
violated the rights of a detainee or detainees as stated above is duly identified,
the same penalty shall be imposed on the [police officer or head or] leader of the
law enforcement OR MILITARY unit having custody of the detainee at the time
the violation was done.

[SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The
police or other law enforcement custodial unit in whose care and control the
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism has been placed under custodial arrest and
detention shall keep a securely and orderly maintained official logbook, which
is hereby declared as a public document and opened to and made available for
the inspection and scrutiny of the lawyer or lawyers of the person under custody
or any member of his or her family or relative by consanguinity or affinity within
the fourth civil degree or his or her physician at any time of the day or night

without any form of restriction. The logbook shall contain a clear and concise

29


BORN

RBRNRBRBRBSRNVBSSIFARS TFS © MPNOO

record of: (a) the name, description, and address of the detained person; (b) the
date and exact time of his initial admission for custodial arrest and detention; (c)
the name and address of the physician or physicians who examined him
physically and medically; (d) the state of his health and physical condition at the
time of his initial admission for custodial detention; (e) the date and time of each
removal of the detained person from his cell for interrogation or for any purpose;
() the date and time of his return to his cell; (g) the name and address of the
physician or physicians who physically and medically examined him after each
interrogation; (h) a summary of the physical and medical findings on the detained
person after each of such interrogation; (i) the names and addresses of his family
members and nearest relatives, if any and if available; (j) the names and
addresses of persons, who visit the detained person; (k) the date and time of each
of such visits; (1) the date and time of each request of the detained person to
communicate and confer with his legal counsel or counsels; (m) the date and
time of each visit, and date and time of each departure of his legal counsel or
counsels; and, (n) all other important events bearing on and all relevant details
regarding the treatment of the detained person while under custodial arrest and
detention.

‘The said police or law enforcement custodial unit shall upon demand of
the aforementioned lawyer or lawyers or members of the family or relatives
within the fourth civil degree of consanguinity or affinity of the person under
custody or his or her physician issue a certified true copy of the entries of the
logbook relative to the concerned detained person without delay or restriction or
requiring any fees whatsoever including documentary stamp tax, notarial fees,
and the like. This certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to scrutinize it at the
time the demand for the certified true copy is made.

30


©orFHKON

The police or other law enforcement custodial unit who fails to comply
with the preceding paragraph to keep an official logbook shall suffer the penalty
of ten (10)-years and one day to twelve (12) years of imprisonment.]

SEC. [24] 30. No Torture or Coercion in Investigation and Interrogation. — [No
threat, intimidation, or coercion, and no act which will inflict any form of
physical pain or torment, or mental, moral, or psychological pressure, on the
detained person, which shall vitiate his free will, shall be employed in his
investigation and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism; otherwise, the] THE USE OF TORTURE
AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT, AS DEFINED IN SECTIONS 4 AND 5 OF
REPUBLIC ACT NO. 9745 OR THE “ANTI-TORTURE ACT OF 2009,”
AT ANY TIME DURING THE INVESTIGATION OR
INTERROGATION OF A DETAINED SUSPECTED TERRORIST IS
ABSOLUTELY PROHIBITED. ANY evidence obtained from said detained
person resulting from such [threat, intimidation, or coercion, or from such
inflicted physical pain or torment, or mental, moral, or psychological pressure,]
TREATMENT shall be, in its entirety, absolutely not admissible and usable as
evidence in any judicial, quasi-judicial, legislative, or administrative

investigation, inquiry, proceeding, or hearing.

[SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the
Investigation and Interrogation of a Detained Person. - Any person or persons
who use threat, intimidation, or coercion, or who inflict physical pain or torment,
or mental, moral, or psychological pressure, which shall vitiate the free-will of a
charged or’suspected person under investigation and interrogation for the crime
of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of twelve (12) years and one day to twenty

(20) years of imprisonment.

31


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When death or serious permanent disability of said detained person occurs as a
consequence of the use of such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical pain or torment, or as a
consequence of the infliction on him of such mental, moral, or psychological

pressure, the penalty shall be twelve (12) years and one day to twenty (20) years
of imprisonment.]

SEC. [26] 31. Restriction on THE RIGHT TO Travel. UPON THE FILING
OF THE INFORMATION REGARDING THE COMMISSION OF ANY
ACTS DEFINED AND PENALIZED UNDER THE PROVISIONS OF
THIS ACT, THE PROSECUTOR SHALL APPLY WITH THE COURT
HAVING JURISDICTION FOR THE ISSUANCE OF A
PRECAUTIONARY HOLD DEPARTURE ORDER (PHDO) AGAINST
THE ACCUSED. THE SAID APPLICATION SHALL BE
ACCOMPANIED BY THE COMPLAINT-AFFIDAVIT AND ITS
ATTACHMENTS, PERSONAL DETAILS, PASSPORT NUMBER AND A
PHOTOGRAPH OF THE ACCUSED, IF AVAILABLE.

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, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where 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 or city, without the authorization
of the court, shall be deemed a violation of the terms and conditions of his bail,

which shall be forfeited as provided under the Rules of Court.

32


oot oar on

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.

IF THE EVIDENCE OF GUILT IS STRONG, THE COURT
SHALL IMMEDIATELY ISSUE A HOLD DEPARTURE ORDER AND
DIRECT THE DEPARTMENT OF FOREIGN AFFAIRS TO CANCEL
THE PASSPORT OF THE ACCUSED.

The restrictions above-mentioned 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.

[SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts,
and Records. - The provisions of Republic Act No. 1405 as amended, to the
contrary notwithstanding, the justices of the Court of Appeals designated as a
special court to handle anti-terrorism cases after satisfying themselves of the
existence af probable cause in a hearing called for that purpose that: (1) a person
charged with or suspected of the crime of terrorism or, conspiracy to commit
terrorism, (2) of a judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) of a member of such judicially declared
and outlawed organization, association, or group of persons, may authorize in
writing any police or law enforcement officer and the members of his/her team
duly authorized in writing by the anti-terrorism council to: (a) examine, or cause
the examination of, the deposits, placements, trust accounts, assets and records
in a bank or financial institution; and (b) gather or cause the gathering of any
relevant information about such deposits, placements, trust accounts, assets, and.

records from a bank or financial institution. The bank or financial institution

33


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concerned, shall not refuse to allow such examination or to provide the desired
information, when so, ordered by and served with the written order of the Court
of Appeals.]

[SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The
written order of the Court of Appeals authorizing the examination of bank
deposits, placements, trust accounts, assets, and records: (1) of a person charged
with or suspected of the crime of terrorism or conspiracy to commit terrorism;
(2) of any judicially declared and outlawed terrorist organization, association, or
group of persons, or (3) of any member of such organization, association, or
group of persons in a bank or financial institution, and the gathering of any
relevant information about the same from said bank or financial institution, shall
only be granted by the authorizing division of the Court of Appeals upon an ex
parte application to that effect of a police or of a law enforcement official who
has been duly authorized in writing to file such ex parte application 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 witnesses he may produce to establish the facts that will justify the need and
urgency of examining and freezing the bank deposits, placements, trust accounts,
assets, and records: (1) of the person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) of a judicially declared and
outlawed terrorist organization, association or group of persons; or (3) of any
member of such organization, association, or group of persons.] ,

[SEC. 29. Classification and Contents of the Court Order Authorizing the

Examination of Bank Deposits, Accounts, and Records. - The written order

granted by the authorizing division of the Court of Appeals as well as its order,
if any, to extend or renew the same, the original ex parte application of the
applicant, including his ex parte 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 whose bank

34


deposits, placements, trust accounts, assets, and records have been examined,
frozen, sequestered and seized 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. The
written order of the authorizing division of the Court of Appeals designated to
handle cases involving terrorism shall specify: (a) the identity of the said: (1)
person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism; (2) judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) member of such judicially declared and
outlawed organization, association, or group of persons, as the case may be.
whose deposits, placements, trust accounts, assets, and records are to be
examined or the information to be gathered; (b) the identity of the bank or
financial institution where such deposits, placements, trust accounts, assets, and
records are held and maintained; (c) the identity of the persons who will conduct
the said examination and the gathering of-the desired information; and, (d) the
length of time the authorization shall be carried out.]

[SEC. 30. Effective Period of Court Authorization to Examine and Obtain
Information on Bank Deposits, Accounts, and Records. - The authorization
issued or granted by the authorizing division of the Court of Appeals to examine
or cause the examination of and to freeze bank deposits, placements, trust
accounts, assets, and records, or to gather information about the same, shall 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)
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.

The authorizing division of the Court of Appeals may extend or renew the
said authorization for another period, which shall not exceed thirty (30) days
renewable to another thirty (30) days from the expiration of the original period:
Provided, That the authorizing division of the Court of Appeals is satisfied that

35


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such extension or renewal is in the public interest: and, Provided, further, That
the 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 19 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.

Ifno case is filed within the thirty (30)-day period, the applicant police or
law enforcement official shall immediately notify in writing the person subject
of the bank examination and freezing of bank deposits, placements, trust
accounts, assets and records. 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 in writing the person subject of the bank
examination and freezing of bank deposits, placements, trust accounts, assets and

records.

Any person, law enforcement official or judicial authority who violates
his duty to notify in writing as defined above shall suffer the penalty of six years

and one day to eight years of imprisonment.]

SEC. 31. Custody of Bank Data and Information Obtained after Examination of
Deposits, Placements, Trust Accounts, Assets and Records. - All information,

data, excerpts, summaries, notes, memoranda, working sheets, reports, and other

36


documents obtained from the examination of the bank deposits, placements, trust
accounts, assets and records of: (1) a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or
(3) a member of any such organization, association, or group of persons shall,
within forty-eight (48) hours 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 the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing
division of the Court of Appeals in a sealed envelope or sealed package, as the
case may be, and shall be accompanied by a joint affidavit of the applicant police
or law enforcement official and the persons who actually conducted the
examination of said bank deposits, placements, trust accounts, assets and
records.]

(SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the
identifying marks, numbers, or symbols of the deposits, placements, trust
accounts, assets, and records examined; (b) the identity and address of the bank
or financial institution where such deposits, placements, trust accounts, assets,
and records are held and maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and records discovered, examined, and frozen;
(d) the outstanding balances of each of such deposits, placements, trust accounts,
assets; (e) all information, data, excerpts, summaries, notes, memoranda,
working sheets, reports, documents, records examined and placed in the sealed
envelope or sealed package deposited with the authorizing division of the Court
of Appeals; (f) 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
examination of the said bank deposits, placements, trust accounts, assets and
records, as well as the date of any extension or renewal of the original written

authorization granted by the authorizing division of the Court of Appeals; and

37


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(g) that the items enumerated were all that were found in the bank or financial

institution examined at the time of the completion of the examination.

The joint affidavit shall also certify under oath that no duplicates or copies
of the information, data, excerpts, summaries, notes, memoranda, working
sheets, reports, and documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records have been made, or, if
made, that all such duplicates and copies are placed in the sealed envelope or
sealed package deposited with the authorizing division of the Court of Appeals.

It shall be unlawful for any person, police officer or custodian of thé bank
data and information obtained after examination of deposits, placements, trust
accounts, assets and records to copy, to 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 copies, 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.]

[SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed
package and the contents thereof, which are deposited with the authorizing
division of the Court of Appeals, shall be deemed and are hereby declared
classified information, and the sealed envelope or sealed package shall not be
opened and its contents shall not be divulged, revealed, read, or used as evidence
unless authorized in a written order of the authorizing division of the Court of
Appeals, 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

notice in writing to the party concerned not later than three days before the

38


scheduled opening, 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 as defined above shall suffer the penalty of six years

and one day to cight years of imprisonment.]

[SEC. 34. Application to Open Deposited Bank Materials. - The written
application, with notice in writing to the party concerned not later than three days
of the scheduled opening, to open the sealed envelope or sealed package shall
clearly state the purpose and reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing and disclosing its classified contents; and, (c) for using
the classified information, data, excerpts, summaries, notes, memoranda,

working sheets, reports, and documents as evidence.}

[SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information,
data, excerpts, summaries, notes, memoranda, work sheets, reports, or
documents acquired from the examination of the bank deposits, placements, trust
accounts, assets and records of: (1) a person charged or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or
(3) amember of such organization, association, or group of persons, which have
been secured in violation of the 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.]

SEC. 32. BANK INQUIRY AND EXAMINATION. — UPON ORDER OF
THE COURT DECLARING AN ORGANIZATION, ASSOCIATION, OR
GROUP OF PERSONS, AS TERRORISTS OR AN OUTLAWED
ORGANIZATION OR ASSOCIATION IN ACCORDANCE WITH

39


SECTION 24 HEREOF, OR IF A VALID JUDICIAL AUTHORIZATION
IS AVAILABLE AGAINST SUCH ORGANIZATION, ASSOCIATION
OR GROUP OF PERSONS, LAW ENFORCEMENT OFFICERS OR
MILITARY PERSONNEL, THRU THE ANTI MONEY LAUNDERING
COUNCIL, MAY CONDUCT AN INQUIRY AND EXAMINATION INTO
THE BANK ACCOUNTS AND INVESTMENTS OF SUCH
ORGANIZATION, ASSOCIATION, GROUP OF PERSONS, OR
INDIVIDUAL. SUCH INQUIRY AND EXAMINATION 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". ANY PERSON, LAW ENFORCEMENT
OR MILITARY PERSONNEL WHO EXAMINES THE DEPOSITS,
PLACEMENTS, TRUST ACCOUNTS, ASSETS, OR RECORDS IN A
BANK OR FINANCIAL INSTITUTION IN CONTRAVENTION OF THE
PREVIOUS PARAGRAPH SHALL SUFFER THE PENALTY OF
IMPRISONMENT RANGING FORM TEN (10) YEARS AND ONE DAY
TO TWELVE (12) YEARS.

[SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a
Financial Institution. - Any person, police or law enforcement personnel who
examines the deposits, placements, trust accounts, assets, or records in a bank or
financial institution of: (1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or
(3) a member of such organization, association, or group of persons, without
being authorized to do so by the Court of Appeals, shall be guilty of an offense
and shall suffer the penalty of ten (10) years and one day to twelve (12) years [of

imprisonment.

40


oar aneon

In addition to the liability attaching to the offender for the commission of
any other offense, the penalty of ten (10) years and one day to twelve (12) years
of imprisonment shall be imposed upon any police or law enforcement
personnel, who maliciously obtained an authority from the Court of Appeals to
examine the deposits, placements, trust accounts, assets, or records in a bank or
financial institution of: (1) a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group of persons; or (3) a member
of such organization, association, or group of persons: Provided, That
notwithstanding Section 33 of this Act, the party aggrieved by such authorization
shall upon motion duly filed be allowed access to the sealed envelope or sealed
package and the contents thereof as evidence for the prosecution of any police

or law enforcement personnel who maliciously procured said authorization.]

SEC. [37] 33. Penalty of Bank Officials and Employees Defying a Court
Authorization. - An employee, official, or a member of the board of directors of
a bank or financial institution, who refuses to allow the examination of the
deposits, placements, trust accounts, assets, and records [of: (1) a person charged
with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of such judicially declared and
outlawed organization, association, or group of persons in said bank or financial
institution, when duly served with the written order of the authorizing division
of the Court of Appeals, shall be guilty of an offense and] OF A TERRORIST
OR OUTLAWED ORGANIZATION, ASSOCIATION, GROUP OF
PERSONS, OR INDIVIDUALS, IN ACCORDANCE WITH SECTION 34
HEREOF, shall suffer the penalty IMPRISONMENT RANGING FROM [of]
ten (10) years and one day to twelve (12) years [of imprisonment}.

[SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of
Material Fact in Joint Affidavits. - Any false or untruthful statement or

a


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misrepresentation of material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act shall constitute a criminal offense and the
affiants shall suffer individually the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.]

[SEC. 39. Seizure and Sequestration. - The deposits and their outstanding
balances, placements, trust accounts, assets, and records in any bank or financial
institution, moneys, businesses, transportation and communication equipment,
supplies and other implements, and property of whatever kind and nature
belonging: (1) to any person suspected of or charged before a competent
Regional Trial Court for the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) to a judicially declared and outlawed organization,
association, or group of persons; or (3) to a member of such organization,

association, or group of persons shalll be seized, sequestered, and frozen in order

to prevent their use, transfer, or conveyance for purposes that are inimical to the

safety and security of the people or injurious to the interest of the State.

The accused or a person suspected of may withdraw such sums as may be
reasonably needed by the monthly needs of his family including the services of
his or her counsel and his or her family's medical needs upon approval of the
court. He or she may also use any of his property that is under seizure or
sequestration or frozen because of his/her indictment as a terrorist upon

permission of the court for any legitimate reason.

Any person who unjustifiably refuses to follow the order of the proper

division of the Court of Appeals to allow the person accused of the crime of
terrorism or of the crime of conspiracy to commit terrorism to withdraw such
sums from sequestered or frozen deposits, placements, trust accounts, assets and
records as may be necessary for the regular sustenance of his/her family or to use

any of his/her property that has been seized, sequestered or frozen for legitimate

42


purposes while his/her case is pending shall suffer the penalty of ten (10) years

and one day to twelve (12) years of imprisonment]

[SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements,

Trust Accounts, Assets and Records. - The seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records belonging to a person
suspected of or charged with the crime of terrorism or conspiracy to commit
terrorism shall be deemed as property held in trust by the bank or financial
institution for such person and the government during the pendency of the
investigation of the person suspected of or during the pendency of the trial of the
person charged with any of the said crimes, as the case may be and their use or
disposition while the case is pending shall be subject to the approval of the court
before which the case or cases are pending.]

[SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Record. - If the person suspected of or
charged with the crime of terrorism or conspiracy to commit terrorism is found,
after his investigation, to be innocent by the investigating body, or is acquitted,
after his arraignment or his case is dismissed before his arraignment by a
competent court, the seizure, sequestration and freezing of his bank deposits,
placements, trust accounts, assets and records shall forthwith be deemed lifted
by the investigating body or by the competent court, as the case may be, and his
bank deposits, placements, trust accounts, assets and records shall be deemed
released from such seizure, sequestration and freezing, and shall be restored to
him without any delay by the bank or financial institution concerned without any
further action on his part. The filing of any appeal on motion for reconsideration

shall not state the release of said funds from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or conspiracy to commit

terrorism is convicted by a final judgment of a competent trial court, his seized,


sequestered and frozen bank deposits, placements, trust accounts, assets and

records shall be automatically forfeited in favor of the government.

Upon his or her acquittal or the dismissal of the charges against him or
her, the amount of Five hundred thousand pesos (P500,000.00) a day for the
period in which his properties, assets or funds were seized shall be paid to him
on the concept of liquidated damages. The amount shall be taken from the
appropriations of the police or law enforcement agency that caused the filing of
the enumerated charges against him/her. |

[SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring
Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Records. - Any person who unjustifiably refuses to restore or delays
the restoration of seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records of a person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism after such suspected person has
been found innocent by the investigating body or after the case against such
charged person has been dismissed or after he is acquitted by a competent court

shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.]

[SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized,
Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and
Records. - Any person who is responsible for the loss, misuse, diversion, or
dissipation of the whole or any part of the seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a person suspected of
or charged with the crime of terrorism or conspiracy to commit terrorism shall
suffer the penalty of ten (10) years and one day to twelve (12) years of

imprisonment.]


[SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer
who has direct custody of a detained person under the provisions of this Act and
who by his deliberate act, misconduct, or inexcusable negligence causes or
allows the escape of such detained person shall be guilty of an offense and shall
suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of
imprisonment, if the detained person has already been convicted and sentenced
ina final judgment of a competent court; and (b) six years and one day to twelve
(12) years of imprisonment, if the detained person has not been convicted and
sentenced in a final judgment of a competent court.] :

SEC. [45] 34. Immunity and Protection of Government Witnesses. - The
provisions of Republic Act No. 6981 (Witness Protection, Security and Benefits
Act) to the contrary notwithstanding, the immunity of government witnesses
testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of
the Rules of Court: Provided, however, That said witnesses shall be entitled to
benefits granted to witnesses under said Republic Act No.6981.

SEC. [46] 35. Penalty for Unauthorized Revelation of Classified Materials. - The
penalty of [ten (10) years and one day to twelve (12) years of imprisonment]
IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1)
DAY TO SIX (6) YEARS shall be imposed upon any person, [police or] law
enforcement agent OR DEPUTIZED LAW ENFORCEMENT AGENCY,
OR MILITARY PERSONNEL, judicial officer or civil servant who, not being
authorized by the Court of Appeals OR REGIONAL TRIAL COURT to do
so, reveals in any manner or form any classified information under this Act.
THE PENALTY IMPOSED HEREIN IS WITHOUT PREJUDICE AND
IN ADDITION TO ANY CORRESPONDING ADMINISTRATIVE
LIABILITY THE OFFENDER MAY HAVE INCURRED FOR SUCH
ACTS.


SEC. [47].36. Penalty for Furnishing False Evidence, Forged Document, or
Spurious Evidence. - The penalty of IMPRISONMENT RANGING FROM
twelve (12) years and one 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.

SEC. [48] 37. Continuous Trial. - In cases [of terrorism or conspiracy to commit
terrorism] INVOLVING CRIMES DEFINED AND PENALIZED UNDER
‘THE PROVISIONS OF THIS ACT, the judge CONCERNED shall set the
case for continuous trial on a daily basis from Monday to Friday or other short-
term trial calendar [so as] to ensure COMPLIANCE WITH THE
ACCUSED’S RIGHT TO speedy trial. ,
[SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution
under the Revised Penal Code or any Special Penal Laws. - When a person has
been prosecuted under a provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form and substance to sustain a
conviction and after the accused had pleaded to the charge, the acquittal of the
accused or the dismissal of the case shall be a bar to another prosecution for any
offense or felony which is necessarily included in the offense charged under this
Act]

[SEC. 50. Damages for Unproven Charge of Terrorism — Upon acquittal, any
person who is accused of terrorism shall be entitled to the payment of damages
in the amount of Five hundred thousand pesos (P500,000.00) for every day that
he or she has been detained or deprived of liberty or arrested without a warrant
as a result of such an accusation. The amount of damages shall be automatically
charged against the appropriations of the police agency or the Anti-Terrorism
Council that brought or sanctioned the filing of the charges against the accused.
It shall also be released within fifteen (15) days from the date of the acquittal of
the accused. The award of damages mentioned above shall be without prejudice

48


to the right of the acquitted accused to file criminal or administrative charges

against those responsible for charging him with the case of terrorism.

Any, officer, employee, personnel, or person who delays the release or
refuuses to release the amounts awarded to the individual acquitted of the crime
of terrorism as directed in the paragraph immediately preceding shall suffer the

penalty of six months of imprisonment.

If the deductions are less than the amounts due to the detained persons,
the amount needed to complete the compensation shall be taken from the current

appropriations for intelligence, emergency, social or other funds of the Office of
the President.

In the event that the amount cannot be covered by the current budget of
the police or law enforcement agency concemed, the amount shall be

automatically included in the appropriations of the said agency for the coming
year.)

[SEC. 51. Duty to Record and Report the Name and Address of the Informant. -
The police or law enforcement officers to whom the name of a suspect in the
crime of terrorism was first revealed shall record the real name and the specific

address of the informant.

The police or law enforcement officials concerned shall report the
informant's name and address to their superior officer who shall transmit the
information to the Congressional Oversight Committee or to the proper court
within five days after the suspect was placed under arrest or his properties were

sequestered, seized or frozen.

47


‘The name and address of the informant shall be considered confidential
and shall not be unnecessarily revealed until after the proceedings against the
suspect shall have been terminated.}

ISEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I
of the Revised Penal Code shall be applicable to this Act.] :

SEC. [53] 38. 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) THE SECRETARY OF LABOR AND
EMPLOYMENT AND (12) THE SECRETARY OF EDUCATION, (13)
SECRETARY OF SOCIAL WELFARE AND DEVELOPMENT, (14)
PRESIDENTIAL ADVISER FOR PEACE, REUNIFICATION AND
UNITY (PARU, FORMERLY PAPP), AND (15) REPRESENTATIVE
FROM THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO (BARMM) 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.

48


‘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. The
ANTI-TERRORISM COUNCIL-PROGRAM MANAGEMENT CENTER,
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. .

The Council shall formulate and adopt comprehensive, adequate, efficient,
and effective anti-terrorism plans, programs, [and counter-] OR measures to
PREVENT, COUNTER, suppress [and] OR eradicate terrorism in the country
and to protect the people from acts of terrorism. IN PURSUIT OF SAID
MANDATE, THE COUNCIL SHALL CREATE SUCH FOCUS
PROGRAMS TO PREVENT, COUNTER TERRORISM AS ARE
NECESSARY, SUCH AS BUT NOT LIMITED TO PROGRAMS TO
PREVENT AND COUNTER THE SPREAD OF TERRORISM AND
TERRORIST IDEOLOGIES, ENSURE THE COUNTER-TERRORISM
OPERATIONAL AWARENESS OF CONCERNED AGENCIES,
CONDUCT LEGAL ACTION AND PURSUE LEGAL AND
LEGISLATIVE INITIATIVES TO COUNTER TERRORISM, PREVENT
AND STEM TERRORIST FINANCING, AND ENSURE COMPLIANCE
WITH INTERNATIONAL COMMITMENTS TO COUNTER-
TERRORISM RELATED PROTOCOLS AND BILATERAL AND/OR
MULTILATERAL AGREEMENTS, AND IDENTIFY THE LEAD
AGENCY FOR SAID PROGRAMS, NAMELY:

1. PREVENTING and COUNTERING VIOLENT EXTREMISM
(PCVE) PROGRAM WHICH SHALL IDENTIFY, INTEGRATE
AND SYNCHRONIZE ALL GOVERNMENT AND NON-

49


GOVERNMENT INITIATIVES AND RESOURCES TO DEVELOP
A PCVE FOR THE PREVENTION OF AND DISENGAGEMENT
FROM VIOLENT EXTREMISM, COUNTER-
RADICALIZATION, DE-RADICALIZATION AND PROVIDING
AFTERCARE THEREOF;

. COUNTERTERRORISM OPERATIONAL READINESS (COR)

PROGRAM WHICH SHALL ASSESS, COLLABORATIVE
MECHANISMS BETWEEN AND AMONG COUNCIL MEMBERS
AND SUPPORT AGENCIES AND FACILITATE OPERATIONAL
COOPERATION AMONG OTHER AGENCIES AND
STAKEHOLDERS IN COMBATING TERRORISM AND IN
DETERMINING THE READINESS AND ENSURING
COMPLIANCE WITH BEST PRACTICE APPROACHES OF
ANTI-TERRORISM INITIATIVES;

. LEGAL AFFAIRS PROGRAM WHICH SHALL FOCUS ON ALL

>

INITIATIVES REQUIRING LEGAL AND LEGISLATED
ACTIONS AND OTHER MEASURES NECESSARY IN THE
CAMPAIGN AGAINST TERRORISM;

TERRORISM FINANCING PROGRAM WHICH SHALL FOCUS
ON COMBATING TERRORIST FINANCING, SET UP
EFFECTIVE MECHANISM TO FREEZE FUNDS AND OTHER
FINANCIAL ASSETS, AND FORFEITURE OF ASSETS, OF
PERSONS AND ENTITIES INVOLVED IN OR ASSOCIATED
WITH TERRORISM, AS WELL PREVENTING THOSE FUNDS
FROM BEING MADE AVAILABLE TO TERRORIST; AND

. INTERNATIONAL AFFAIRS PROGRAM WHICH SHALL

ENSURE COMPLIANCE WITH INTERNATIONAL
COMMITMENTS TO COUNTER-TERRORISM RELATED
PROTOCOLS AND BILATERAL AND/OR MULTILATERAL
AGREEMENTS.

50


Nothing herein shall be interpreted to empower the Ant

rrorism Council to
exercise any judicial or quasi-judicial power or authority.

SEC. [54] 39. 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 PREVENTIVE 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 and prosecution of all persons accused or
detained for the crime of terrorism or conspiracy to commit terrorism and
other offenses punishable under this Act, and monitor the progress of their

cases;

4. MONITOR THE PROGRESS OF THE INVESTIGATION AND
PROSECUTION OF ALL PERSONS ACCUSED AND/OR
DETAINED FOR THE CRIMES DEFINED AND PENALIZED
UNDER THE PROVISIONS OF THIS ACT;

[4] 5. Establish and maintain comprehensive data-base information
systems on terrorism, terrorist activities, and counter-terrorism
operations;

[5. Freeze the funds property, bank deposits, placements, trust accounts,
assets and records belonging to a person suspected of or charged with the

crime of terrorism or conspiracy to commit terrorism, pursuant to

51


ns

Somrnoareo

is

13

Republic Act No. 9160, otherwise known as the Anti-Money Laundering
‘Act of 2001, as amended;]

a

ENLIST THE ASSISTANCE OF AND FILE THE APPROPRIATE
ACTION WITH THE ANTI-MONEY LAUNDERING COUNCIL
TO FREEZE AND FORFEIT THE FUNDS, BANK DEPOSITS,
PLACEMENTS, TRUST ACCOUNTS, ASSETS AND PROPERTY
OF WHATEVER KIND AND NATURE BELONGING (1) TO A
PERSON SUSPECTED OF OR CHARGED WITH ANY CRIME
DEFINED AND PENALIZED UNDER THE PROVISIONS OF
THIS ACT, (1) BETWEEN MEMBERS OF A JUDICIALLY
DECLARED AND OUTLAWED TERRORIST ORGANIZATION,
ASSOCIATION AS PROVIDED IN SECTION 24 OF THIS ACT;
(II) TO DESIGNATED PERSONS DEFINED UNDER SECTION
3(E) OF REPUBLIC ACT NO. 10168, OTHERWISE KNOWN AS
THE “TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012”; (IV) TO AN INDIVIDUAL
MEMBER OF SUCH DESIGNATED PERSONS, OR (V)'ANY
ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS
PROSCRIBED UNDER SECTION 24 HEREOF;

[6.] 7. 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
[crime of terrorism or conspiracy to commit terrorism] CRIMES
DEFINED AND PENALIZED UNDER THE PROVISIONS OF
THIS ACT; PROVIDED, THAT, NO MONETARY REWARD
SHALL BE GRANTED TO INFORMANTS UNLESS THE
ACCUSED’S DEMURRER TO EVIDENCE HAS BEEN DENIED
OR THE PROSECUTION HAS RESTED ITS CASE WITHOUT
SUCH DEMURRER HAVING BEEN FILED;

52


[7.]8. Establish and maintain coordination with and the cooperation and
assistance of other [nations in the struggle against] STATES,
JURISDICTIONS, INTERNATIONAL ENTITIES AND
ORGANIZATIONS IN PREVENTING AND COMBATING

international terrorism; [and]

9. 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;

10.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;

11.LEAD IN THE FORMULATION AND IMPLEMENTATION OF A
NATIONAL STRATEGIC PLAN TO PREVENT AND COMBAT
TERRORISM;

{8.] 12. Request the Supreme Court to designate specific divisions of the
Court of Appeals [and] OR Regional Trial Courts in Manila, Cebu City
and Cagayan de Oro City, as the case may be,} to handle all cases
involving the crimeS [of terrorism or conspiracy to commit terrorism]
DEFINED AND PENALIZED UNDER THE PROVISIONS OF
THIS ACT, and all matters incident to said crimes. [The Secretary of

Justice shall assign a team of prosecutors from: (a) Luzon to handle

53


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.]

13.REQUIRE OTHER GOVERNMENT AGENCIES, OFFICES AND
ENTITIES AND OFFICERS AND EMPLOYEES AND NON
GOVERNMENT ORGANIZATIONS, PRIVATE ENTITIES AND
INDIVIDUALS TO RENDER ASSISTANCE TO THE COUNCIL
IN THE PERFORMANCE OF ITS MANDATE; AND

14.INVESTIGATE MOTU PROPRIO OR UPON COMPLAINT ANY
REPORT OF ABUSE, MALICIOUS APPLICATION: OR
IMPROPER IMPLEMENTATION BY ANY PERSON OF THE
PROVISIONS OF THIS ACT.

SEC. [55] 40. Role of the Commission on Human Rights. - The Commission on
Human Rights shall give the highest priority to the investigation and prosecution
of violations of civil and political rights of persons in relation to the
implementation of this Act; and for this purpose, the Commission shall have the
concurrent jurisdiction to prosecute public officials, law enforcers, and other
persons who may have violated the civil and political rights of persons suspected

of, or detained for the crime of terrorism or conspiracy to commit terrorism.

[SEC. 56. Creation of a Grievance Committee. - There is hereby created a
Grievance Committee composed of the Ombudsman, as chair, and the Solicitor
General, and an undersecretary from the Department of Justice (DOJ), as
members, to receive and evaluate complaints against the actuations of the police
and law enforcement officials in the implementation of this Act. The Committee
shall hold office in Manila.


Cor OAR ON =

The Committee shall have three subcommittees that will be respectively
headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao. The
subcommittees shall respectively hold office at the Offices of Deputy
Ombudsmen. Three Assistant Solicitors General designated by the Solicitor
General, and the regional prosecutors of the DOJ assigned to the regions where
the Deputy Ombudsmen hold office shall be members thereof. The three
subcommittees shall assist the Grievance Committee in receiving, investigating
and evaluating complaints against the police and other law enforcement officers
in the implementation of this Act. If the evidence warrants it, they may file the
appropriate cases against the erring police and law enforcement officers. Unless
seasonably disowned or denounced by the complainants, decisions or judgments
in the said cases shall preclude the filing of other cases based on the same cause
or causes of action as those that were filed with the Grievance Committee or its
branches]

SEC. [57] 41. Ban on Extraordinary Rendition. - No person suspected or
convicted of [the crime of terrorism] ANY OF THE CRIMES DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT 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 against torture, and right to
counsel, are officially assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.

SEC. [58] 42. Extra-Territorial Application of this Act. - Subject to the provision
of an existing treaty of which the Philippines is a signatory and to any contrary
provision of any law of preferential application, the provisions of this Act shall
apply: (1) to individual persons who commit any of the crimes defined and
punished in this Act within the terrestrial domain, interior waters, maritime zone,
and airspace of the Philippines; (2) to individual persons who, although

physically outside the territorial limits of the Philippines, commit, conspire or

55


plot to commit any of the crimes defined and punished in this Act 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 on board Philippine ship or Philippine airship; (4) to individual persons
who commit any of said crimes within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine government in an official
capacity; (5) to individual persons who, although physically outside the
territorial ‘limits of the Philippines, commit said crimes against Philippine
citizens or persons of Philippine descent, where their citizenship or ethnicity was
a factor in the commission of the crime; and (6) to individual persons who,
although physically outside the territorial limits of the Philippines, commit said

crimes directly against the Philippine government.

SEC. [59] 43. 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 Committee 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.

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 provisions that

authorize the surveillance of suspects of or persons charged with the crime of

56


© oar oannr on

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 semi-annual 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.]

UPON THE EFFECTIVITY OF THIS ACT, A JOINT
CONGRESSIONAL OVERSIGHT COMMITTEE IS HEREBY
CONSTITUTED. THE COMMITTEE SHALL BE COMPOSED OF
TWELVE (12) MEMBERS WITH THE CHAIRPERSON OF THE
COMMITTEE ON PUBLIC ORDER OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES AS MEMBERS AND FIVE (5)
ADDITIONAL MEMBERS FROM EACH HOUSE TO BE DESIGNATED
BY THE SENATE PRESIDENT AND THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES, RESPECTIVELY. THE MINORITY SHALL
BE ENTITLED TO A PRO-RATA REPRESENTATION BUT SHALL
HAVE AT LEAST TWO (2) REPRESENTATIVES IN THE
COMMITTEE.

57


© en onrk wn

IN ‘THE EXERCISE OF ITS OVERSIGHT FUNCTIONS, THE
JOINT CONGRESSIONAL OVERSIGHT COMMITTEE SHALL HAVE
THE AUTHORITY TO SUMMON LAW ENFORCEMENT OR
MILITARY OFFICERS AND THE MEMBERS OF THE ANTI-
TERRORISM COUNCIL TO APPEAR BEFORE IT, AND REQUIRE
THEM TO ANSWER QUESTIONS AND SUBMIT WRITTEN REPORTS
OF THE ACTS THEY HAVE DONE IN THE IMPLEMENTATION OF
THIS LAW AND RENDER AN ANNUAL REPORT TO BOTH HOUSES
OF CONGRESS AS TO THE STATUS OF ANTI-TERRORISM CASES
AND THE IMPLEMENTATION OF THIS ACT.

SEC. 44, PROMOTING PEACE AND INCLUSIVITY IN SCHOOLS,
LEARNING CENTERS AND TRAINING INSTITUTIONS. - THE
DEPARTMENT OF EDUCATION (DEPED), COMMISSION ON
HIGHER EDUCATION (CHED), AND TECHNICAL EDUCATION AND
SKILLS DEVELOPMENT AUTHORITY (TESDA) SHALL
PROMULGATE RULES AND REGULATIONS TO PROMOTE IDEAS
AND PRACTICE ON THE CULTURE OF PEACE AND INCLUSIVITY
IN SCHOOLS, LEARNING AND TRAINING INSTITUTIONS UNDER
THEIR RESPECTIVE JURISDICTIONS.

SCHOOLS, LEARNING CENTERS AND TRAINING
INSTITUTIONS FOUND BY THE APPROPRIATE ADMINISTRATIVE
OR LICENSING AGENCY TO BE PROMOTING OR ENCOURAGING
ACTS OF VIOLENCE, EXTREMISM, TERRORIST ACTS OR ANY
ACT PROHIBITED UNDER THIS LAW BASED ON SUBSTANTIVE
EVIDENCE SHALL HAVE ITS LICENSE REVOKED AND SHALL
IMMEDIATELY CEASE OPERATIONS. THIS IS WITHOUT
PREJUDICE TO OTHER CRIMINAL, CIVIL AND ADMINISTRATIVE
ACTIONS THAT MAY BE FILED AGAINST THE OFFICIALS AND

58


© orn oar won

PERSONNEL OF THE SCHOOL, LEARNING CENTER OR TRAINING
INSTITUTION AND OTHER INDIVIDUALS ASSOCIATED WITH THE
SCHOOLS, LEARNING CENTER OR TRAINING INSTITUTION.

SEC. 45.‘PROTECTION OF MOST VULNERABLE GROUPS. - THERE
SHALL BE DUE REGARD FOR THE WELFARE OF ANY SUSPECTS
WHO ARE ELDERLY, PREGNANT, PERSONS WITH DISABILITY,
WOMEN AND CHILDREN WHILE THEY ARE UNDER
INVESTIGATION, INTERROGATION OR DETENTION.

SEC. 46. APPLICABILITY OF THE REVISED PENAL CODE. - THE
PROVISIONS OF BOOK I OF THE REVISED PENAL CODE SHALL BE
APPLICABLE TO THIS ACT.

SEC. 47. APPROPRIATIONS. - THE AMOUNT OF FIVE HUNDRED
MILLION PESOS (PHP 500,000,000.00) IS HEREBY APPROPRIATED
TO THE COUNCIL AS AN INITIAL FUND, FOR THE EFFECTIVE
AND IMMEDIATE IMPLEMENTATION OF THIS ACT.
THEREAFTER, SUCH SUMS AS MAY BE NECESSARY FOR THE
CONTINUED IMPLEMENTATION OF THIS ACT SHALL BE
INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

SEC. 48. IMPLEMENTING RULES AND REGULATIONS. - THE ANTI-
TERRORISM COUNCIL AND DOJ, WITH THE ACTIVE
PARTICIPATION OF POLICE AND MILITARY INSTITUTIONS,
SHALL PROMULGATE THE RULES AND REGULATIONS FOR THE
EFFECTIVE IMPLEMENTATION OF THIS ACT WITHIN NINETY
(90) DAYS AFTER ITS EFFECTIVITY. THEY SHALL ALSO ENSURE
THE FULL DISSEMINATION OF SUCH RULES AND REGULATIONS

59


TO BOTH HOUSES OF CONGRESS, AND ALL OFFICERS AND
MEMBERS OF VARIOUS LAW ENFORCEMENT AGENCIES.

SEC. [60] 49. 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.

SEC. [61] 50. Repealing Clause. - All laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.

SEC. [62] 51. [Special] Effectivity Clause.— [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 Ilocos
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.

‘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.

60


oN Oak wn

‘Thereafter, the provisions of this Act shall be automatically suspended

‘one month before and two months after the holding of any election.]
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.

Approved,

61