Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress

First Regular Session

HOUSE BILL NO. est

Introduced by:

ACT-CIS Party Representative: Jocelyn P. Tulfo, Eric Yap, and Rowena Nina Taduran

EXPLANATORY NOTE

As of 2018, the Philippines have become the 10" country in the world with the highest incidence
of terrorist attacks'. This comes amidst the occurrence of major terrorist activities such as the
siege of Marawi and the Sulu suicide bombing incident wherein multitudes of our countrymen
died helpless in the face of malefactors radicalized by ideals incompatible with our republic’s
policies”,

As a country of laws, the tool we must utilize to combat such threats is the presence of an
effective legal framework to both deter would-be terrorists and prosecute persons guilty of
terrorist acts. Within our legal system’s arsenal is the Human Security Act of 2007 — more
formally cited as R.A.9372°. Unfortunately, based on legal records, there has been a
disproportionate amount of convictions under this act compared to the number of terrorist attacks
which have occurred in the years since its passage. In fact, it could be observed that there has
only been one conviction under the human security act which was arrived at, not through trial on
the merits, but based on a plea bargaining agreement by the accused.

The facts above serve as proof that our legal framework against terrorism leaves much to be
desired. Using the Human Security Act of 2007, a successful prosecution of a person accused of
terrorism requires too many legal facts to be first established which complicates and extends the
process of prosecution. If the law is left the same, our country will hold onto the false hope that it
is able to effectively defend itself against an increasingly obvious vulnerability.

This bill seeks to redefine what constitutes a terrorist act to be treated as a separate crime in
itself. No longer would it be necessary to separately prove the accused person’s motive and
unlawful demand from the felony committed. As long as the act fits the description of a terrorist
act, then it is only that act’s elements which must then be proven before a court of law

* 2018 Global Terorism Index by visionofhumanity.org,
= CNNPhilippines.com



The process of proscription is also amended to be safe against abuses. Instead of probable cause
as a requisite for its issuance, the degree of proof would now be that of “clear and convincing
evidence”. This therefore requires more certainty and therefore more evidence on the part of the
applying body. As stated earlier, this is in line with producing a law that is both strict yet fair, a
Jaw that hears before it strikes, and a law which is now urged to be passed.

ACT-CIS PARTYLIST

Say ie

HON. Fea P. TULFO

Hon. ERIC YAP Hon. ROWE! a ‘ADI .N


Republic of the Philippines

House of Representatives

Quezon City, Metro Manila
Eighteenth Congress
First Regular Session

HOUSE BILL NO._3413

Introduced by:

ACT-CIS Party Representative: Jocelyn P. Tulfo, Eric Yap, and Rowena Nina Taduran

AN ACT AMENDNING CERTAIN PROVISSIONS OF REBULIC 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.]


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;

@) “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 (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 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;

(H) “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
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:

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

b. Article 134 (Rebellion or Insurrection);

© Article 134-a (Coup d’ Etat), including acts committed by private persons;
d. Article 248 (Murder);

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

£ Article 324 (Crimes Involving Destruction); or under

(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);

G) Republic Act No. 5207, (Atomic Energy Regulatory and Liability
Act of 1968);

(4) Republic Act No. 6235 (Anti-Hijacking Law);

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

(©) Presidential Decree No. 1866, as amended (Decree Codifying the
Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions ot 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 FACILITA TING THE
COMMISSION OF A TERRORIST ACT. - IT 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.

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.


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

(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 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.


(©) 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 COMMIT TING 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) AND
SECTION 5 hereof, cooperates in the execution of [either] ANY OF the crimeS
lof 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 crime [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 of 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
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] 18. 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 communication, [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 [of 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 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 GSP) 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
fof 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 al 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 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
circumstances 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 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, ot 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 [of the
authorizing di

ion of the Court of Appeals} by the applicant [police or] law
enforcement [official] OR MILITARY PERSONNEL.

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 for 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 ot] 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 [of 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 of 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
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 fa] 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
lof the whole or any part of any of such excerpts, summaries, written notes, and
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.

[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.

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 [of 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 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 L
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
AS SHOWN BY THE PRESENCE OF CLEAR AND CONVINCING
EVIDENCE 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, [or group of
Persons concerned], be declared as a terrorist and outlawed GROUP OF
PERSONS, organization|,] OR association, or 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).

SEC. 25. PRELIMINARY ORDER OF PROSCRIPTION. - WHERE
THE REGIONAL TRIAL COURT JUDGE HAS DETERMINED THAT
THERE IS CLEAR AND CONVINCING EVIDENCE OF TERRORIST
ACTS OR THAT A PERSON IS A TERRORIST AS SET FORTH IN A


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 LIFT! ED.

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 FOREIGN AFFAIRS
TO THE ANTI-TERRORISM COMMISSION TO DETERMINE, WITH
THE ASSISTANCE OF THE NATIONAL INTELLIGENCE
COORDINATING AGENCY, IF PROSCRIPT! ION 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 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 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.


ISEC. 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 concemed within five days after the date of the
detention of the persons concemed: 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 concemed 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 of his family or with his nearest
relatives and to be visited by them; 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 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; (©) the date and time of each removal of
the detained person from his cell for interrogation or for any purpose; (f) 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; @) 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 concemed 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.

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, ot 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.

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
Tight 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.

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 of 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 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 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.]

ISEC. 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
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.

If no 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
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.]

ISEC. 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;
(©) 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 (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 the 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 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 eight years of imprisonment.]

[SEC. 34. Application to Open Deposited Bank Materials. - The written
application, with notice in writing to the party concemed 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) a member
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
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 fof
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 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 fof: (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 fof imprisonment].

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

ISEC. 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 shall 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 purposes


while his/her case is pending shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.

ISEC. 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 belongirtg 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 goverment 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. |

ISEC. 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,
afer 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
‘errorism 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 0M) a daw



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.]

ISEC. 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.

ISEC. 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 ofa 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.]

ISEC. 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 in
4 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 [fen (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]

ISEC. 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 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
refuses 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 concerned, 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

ime of terrorism was first revealed shall record the real name and the specific
crime of terrorism w:

address of the informant.


The police or law enforcement officials concemed 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.

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.

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 clements 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-
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;

2. 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;

3. LEGAL AFFAIRS PROGRAM WHICH SHALL FOCUS ON ALL
INITIATIVES REQUIRING LEGAL AND LEGISLATED ACTIONS
AND OTHER MEASURES NECESSARY IN THE CAMPAIGN
AGAINST TERRORISM;

4. 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

5. INTERNATIONAL AFFAIRS PROGRAM WHICH SHALL
ENSURE COMPLIANCE WITH INTERNATIONAL
COMMITMENTS TO COUNTER-TERRORISM RELATED
PROTOCOLS AND BILATERAL AND/OR MULTILATERAL
AGREEMENTS.

Nothing herein shall be interpreted to empower the Anti-Terrorism 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:


- Formulate and adopt plans, programs and PREVENTIVE and counter-

measures against terrorists and acts of terrorism in the country;

N

- 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;

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

6. 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 @) TOA
PERSON SUSPECTED OF OR CHARGED WITH ANY CRIME
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS


ACT, (I) BETWEEN MEMBERS OF A JUDICIALLY DECLARED
AND OUTLAWED TERRORIST ORGAN! IZATION, 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 (Vv) ANY ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS PROSCRIBED UNDER
SECTION 24 HEREOF;

{6.1 7. Grant monetary rewards and other incentives to informers who give vital

17]

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;

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;

181] 12. Request the Supreme Court to designate specific divisions of the Court
of Appeals [and] OR Regional Trial Courts fin 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
‘eam of prosecutors from: (a) Luzon to handle terrorism cases filed in the
Regional Trial Court in Manila; (b) from the Visayas to handle cases filed
in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de
Oro City.]

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,

ISEC. 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 (DON, 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.

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
‘o 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 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 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.

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
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 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.

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,