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Yost Oth ceretary
SEVENTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES } "18 FER 28 flO 26
Second Regular Session }
RECEIVE 7,0
SENATE
S.B. No. A715

INTRODUCED BY SENATOR VICENTE C. SOTTO III

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

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

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

“Section 1. Short Title. - This Act shall henceforth be known as the
("Human Security Act of 2007."] “PREVENTION OF TERRORISM ACT OF
2017.”

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

follows:

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

the law of nations.”



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

Constitution.

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

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

absolute and protected at all times.]”
SECTION 3. A new Section 3 is hereby added to read as follows:
“SECTION 3. DEFINITION OF TERMS. - AS USED IN THIS ACT:

(A) “CRITICAL INFRASTRUCTURE” SHALL MEAN AN ASSET OR
SYSTEM WHICH IS ESSENTIAL FOR THE MAINTENANCE OF
VITAL SOCIETAL FUNCTIONS. “CRITICAL INFRASTRUCTURE”
MAY INCLUDE, BUT IS NOT LIMITED TO, COMMUNICATIONS,
EMERGENCY SERVICES, GAS, ENERGY, DAMS, FINANCE,
FOOD, PUBLIC SERVICES, INDUSTRY, HEALTH, TRANSPORT,
RADIO AND TELEVISION, INFORMATION TECHNOLOGY,
COMMERCIAL FACILITIES, CHEMICAL AND NUCLEAR
SECTORS, AND WATER.

(B)“WEAPONS OF MASS DESTRUCTION” OR WMD SHALL MEAN
“CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR
WEAPONS CAPABLE OF A HIGH ORDER OF DESTRUCTION OR



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CAUSING MASS CASUALTIES, AND EXCLUDING THE MEANS OF
TRANSPORTING OR PROPELLING THE WEAPON WHERE SUCH
MEANS IS A SEPARABLE AND DIVISIBLE PART FROM THE
WEAPON.

(C)“CONSPIRACY” SHALL MEAN WHEN TWO OR MORE PERSONS
COME TO AN AGREEMENT CONCERNING THE COMMISSION
OF THE CRIME OF TERRORISM, AS DEFINED IN SECTION 4
HEREOF, AND DECIDE TO COMMIT THE SAME.

(D)“PROPOSAL” SHALL MEAN WHEN THE PERSON WHO HAS
DECIDED TO COMMIT THE CRIME OF TERRORISM PROPOSES
ITS EXECUTION TO SOME OTHER PERSON OR PERSONS.

(E)“INDIVIDUAL TERRORIST” REFERS TO ANY NATURAL
PERSON WHO COMMITS ANY ACTS DEFINED AND PENALIZED
IN SECTIONS 4, 5, 5(A), 5(B), 5(C), 5(D), AND 5(E) HEREOF, AS
A PRINCIPAL, ACCOMPLICE OR ACCESSORY, OR THOSE
PROSCRIBED UNDER SECTION 17 HEREOF.

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

(G)“MATERIAL SUPPORT” MEANS PROVIDING PROPERTY OR
FUNDS, OR ANY FORM OF SERVICE, LODGING, SAFEHOUSES,
TRAINING, EDUCATION, INDOCTRINATION, EXPERT ADVICE
OR ASSISTANCE, FALSE DOCUMENTATION OR
IDENTIFICATION, COMMUNICATION AND TRANSPORTATION
EQUIPMENT, FACILITIES, WEAPONS, LETHAL SUBSTANCES,
EXPLOSIVES AND PERSONNEL, TO INDIVIDUAL TERRORIST
AND/OR TERRORIST ORGANIZATION, ASSOCIATION OR



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

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

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

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

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

CTION 4. Section 3 of this Act is hereby re-numbered and amended

to read as follows:


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“Section [3] 4. Terrorism. - Any person who commits an act punishable
under any of the following provisions of the Revised Penal Code
REGARDLESS OF ITS STAGE OF EXECUTION:

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

b. Article 134 (Rebellion or Insurrection);

c. Article 134-A (Coup d' Etat), including acts committed by

private persons;

d. Article 248 (Murder);

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

f. Article 324 (Crimes Involving Destruction), [or under]

OR UNDER ANY OF THE FOLLOWING SPECIAL LAWS:
1. Presidential Decree No. 1613 (The Law on Arson);

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

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

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

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

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



7. REPUBLIC ACT NO. 9208 (ANTI-TRAFFICKING IN
PERSONS ACT OF 2003)

8. REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS.
DRUGS ACT OF 2002), AND

9. REPUBLIC ACT NO. 10175 (CYBERCRIME PREVENTION
ACT OF 2012)

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

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

[thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand] shall be guilty of
the crime of terrorism and shall suffer the penalty of [forty (40) years
of imprisonment] LIFE IMPRISONMENT TO DEATH, without the
benefit of parole as provided for under Act No. 4103, otherwise known

as the Indeterminate Sentence Law, as amended.”


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SECTION 5. Section 4 of the same Act is hereby re-numbered,
amended and new subsections designated as subsections 5(a), 5(b), 5(c),

5(d), S(e), S(f), and 5(g) are hereby added to read as follows:

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

Indeterminate Sentence Law, as amended.

[There is conspiracy when two or more persons come to an agreement
concerning the commission of the crime of terrorism, as defined in Sec. 3

hereof, and decide to commit the same.]

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

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

SECTION 5(C). RECRUITMENT TO TERRORIST ORGANIZATION. -
ANY PERSON WHO SHALL RECRUIT ANOTHER TO JOIN ANY
ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS ORGANIZED
FOR THE PURPOSE OF ENGAGING IN TERRORISM, OR WHICH,
ALTHOUGH NOT ORGANIZED FOR THAT PURPOSE, ACTUALLY USES


THE ACTS ENUMERATED IN SECTION 3 HEREOF TO TERRORIZE,
SHALL BE PUNISHED WITH THE PENALTY OF LIFE IMPRISONMENT TO
DEATH, WITHOUT THE BENEFIT OF PAROLE AS PROVIDED FOR
UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE INDETERMINATE
SENTENCE LAW, AS AMENDED.

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

SECTION 5(E). FOREIGN TERRORIST FIGHTERS. - ANY PERSON
WHO SHALL TRAVEL OR ATTEMPTS TO TRAVEL, OR RECRUITS OR
ASSISTS ANOTHER PERSON TO TRAVEL, OR FACILITATES THE
TRAVEL OF ANOTHER PERSON, TO ANOTHER STATE OR COUNTRY
FOR THE PURPOSE OF PLANNING OR PREPARATION OF, OR
PARTICIPATION IN, TERRORIST ACTS, OR PROVIDING OR RECEIVING
TERRORIST TRAINING, INCLUDING IN CONNECTION WITH ARMED
CONFLICT, SHALL BE PUNISHED WITH THE PENALTY OF LIFE
IMPRISONMENT TO DEATH, WITHOUT THE BENEFIT OF PAROLE AS
PROVIDED FOR UNDER ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW, AS AMENDED.

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


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IMMIGRATION FOR THE PURPOSE OF INSTITUTING DEPORTATION
PROCEEDINGS.

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

SECTION 6. SEC. 5 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [5] 6. Accomplice. - Any person who, not being a principal
under Article 17 of the Revised Penal Code or a conspirator as defined in
Sec. [4] 5 hereof, cooperates in the execution of either the crime of terrorism
or conspiracy to commit terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years, four months one day to

twenty (20) years of imprisonment.”

SECTION 7. Section 6 of the same Act is hereby re-numbered and

amended to read as follows:

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

penalty of ten (10) years and one day to twelve (12) years of imprisonment.



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

subparagraph (a).]”

SECTION 8. Section 7 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [7] 8. Surveillance of Suspects and Interception and Recording
of Communications. - The provisions of Republic Act No. 4200 (Anti-Wire
Tapping Law) AND R.A. 10175 (CYBERCRIME PREVENTION ACT) to the
contrary notwithstanding, [a police or law enforcement official and members
of his team] LAW ENFORCEMENT OR MILITARY PERSONNEL may, upon
a written order of the Court of Appeals AND/OR REGIONAL TRIAL COURT,
listen to, intercept and record, with the use of any mode, form, kind or type
of electronic or other surveillance equipment or intercepting and tracking
devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken
or written words (A) between members of a [judicially declared and outlawed
terrorist organization, association, or group of persons or of any person
charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism] DESIGNATED PERSON AS DEFINED IN SECTION 3(E) OF R.A.
10168, OTHERWISE KNOWN AS THE “TERRORISM FINANCING
PREVENTION AND SUPPRESSION ACT OF 2012”, OR (B) ANY PERSON
CHARGED OR SUSPECTED OF ANY CRIME IN SECTION 4, 5, S(A), 5(B),
5(C), 5(D), 5(E), AND 5(F) HEREOF.

IN CASE OF IMMINENT DANGER OR ACTUAL TERRORIST
ATTACK, THE SECRETARY OF THE DEPARTMENT OF JUSTICE, UPON
THE CERTIFICATION OF THE ANTI-TERRORISM COUNCIL BASED ON
REASONABLE GROUND OF SUSPICION, SHALL HAVE THE POWER TO
COMPEL TELECOM AND INTERNET SERVICE PROVIDERS TO
PRODUCE ALL CUSTOMER INFORMATION AND IDENTIFICATION
RECORDS AS WELL AS CALL AND TEXT DATA RECORDS AND OTHER

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CELLULAR OR INTERNET METADATA OF ANY PERSON SUSPECTED OF
ANY CRIME IN SECTION 4, 5, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F)
HEREOF.

SECTION 9. Section 8 of the same Act is hereby re-numbered and

amended to read as follows:

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

other effective means readily available for acquiring such evidence.

SECTION 10. Section 9 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [9] 10. Classification and Contents of the Order of the Court. -
The written order granted by the authorizing division of the Court of Appeals



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

out.

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SECTION 11. Section 10 of the same Act is hereby re-numbered and

amended to read as follows:

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

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

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

If no case is filed within the thirty (30)-day period, the applicant police
or law enforcement official shall immediately notify the person subject of the

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surveillance, interception and recording of the termination of the said
surveillance, interception and recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify the person
subject of the surveillance, monitoring, interception and recording as

specified above.]

SECTION 12. Section 11 of the same Act is hereby re-numbered and

amended to read as follows:

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

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

It shall be unlawful for any person, police officer or any custodian of the
tapes, discs and recording, [and their excerpts and summaries, written
notes or memoranda to copy in whatever form,] to INTENTIONALLY ALTER,

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remove, delete, expunge, incinerate, shred or destroy in any manner the

items enumerated above in whole or in part under any pretext whatsoever.

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

of imprisonment.

SECTION 13. Section 12 of the same Act is hereby re-numbered and

amended to read as follows:

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

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

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

this Section.]

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

SECTION 14. Section 13 of the same Act is hereby re-numbered and

amended to read as follows:

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

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

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SECTION 15. Section 14 of the same Act is hereby re-numbered and

amended to read as follows:

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

any of the notes or memoranda made in connection therewith)] as evidence.

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

day to eight years of imprisonment.]

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

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

proceeding, or hearing.
SECTION 17. Section 16 of the same Act is hereby REPEALED.

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

read as follows:

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

the said [Regional Trial] Court.

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

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

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



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

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

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

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

“Section 18. Period of Detention Without Judicial Warrant of Arrest. -
The provisions of Article 125 of the Revised Penal Code to the contrary

notwithstanding, any [police or] law enforcement OR MILITARY personnel [,

who, having been duly authorized in writing by the Anti-Terrorism Council]

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has taken custody of a person [charged with or] suspected [of the crime of
terrorism or the crime of conspiracy to commit terrorism] OF COMMITTING
ANY CRIME IN SECTION 4, 5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) HEREOF
shall, without incurring any criminal liability for delay in the delivery of
detained persons to the proper judicial authorities, deliver said [charged or
suspected] ARRESTED person to the proper judicial authority within a
period of [three] THIRTY (30) days counted from the moment the said
[charged or suspected] person has been [apprehended or] arrested
EXCLUDING SATURDAY, SUNDAY AND HOLIDAYS. [, detained, and taken
into custody by the said police, or law enforcement personnel: Provided,
That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Sec. 7 and

examination of bank deposits under Sec. 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
the crime of terrorism or conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the judge of the court nearest
the place of apprehension or arrest: Provided, That where the arrest is made

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during Saturdays, Sundays, holidays or after office hours, the written notice
shall be served at the residence of the judge nearest the place where the

accused was arrested.]

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

paragraph.]

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

added to read as follows:

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

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EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, BE DELIVERED
TO THE PROPER JUDICIAL AUTHORITY.

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

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

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

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

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

SECTION 22. Section 26 of the same Act is hereby re-numbered and

amended to read as follows:

[26] 20. [Restriction] CONDITIONS on Travel WHILE ON BAIL. -

In cases where eviden

of guilt is not strong, and the person charged with

[the crime of terrorism or conspiracy to commit terrorism is entitled to bail

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and is granted the same] ANY CRIME IN SECTION 4, 5(A), 5(B), 5(C), 5(D),
5(E), AND 5(F), the court, upon application by the prosecutor, shall limit the
[right of] travel of the accused to within the municipality or city [where he
resides or] where the case is pending. [, in the interest of national security
and public safety, consistent with Article III, Sec. 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 then be forfeited as provided under the

Rules of Court]

[He/she may also be placed under house arrest by order of the court at his

or her usual place of residence.]

[While under house arrest, he or she may not use telephones, cellphones, e-
mails, computers, the internet or other means of communications with

people outside the residence until otherwise ordered by the court]

The restrictions abovementioned shall be terminated upon the acquittal of
the accused or of the dismissal of the case filed against him. [or earlier upon

the discretion of the court on motion of the prosecutor or of the accused.]”
SECTION 23. A new Section 21 is hereby added to read as follows:

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

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

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

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

SECTION 26. Section 46 of the same Act is hereby re-numbered and

amended to read as follows:

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

classified information under this Act.

SECTION 27. Sections 47 of the same Act is hereby re-numbered to

read as follows:

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

spurious evidence in any investigation or hearing under this Act.”

SECTION 28. Sections 48, 49, 50, and 51 of the same Act are hereby
REPEALED.

SECTION 29. A new Section 25 is hereby added to read as follows:
“SECTION 25. SPECIAL FACILITY. - ANY PERSON ARRESTED,

CHARGED, TRIED, OR CONVICTED UNDER THIS ACT SHALL BE HELD,

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DETAINED OR IMPRISONED IN A SPECIAL FACILITY ESTABLISHED BY
THE STATE.”

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

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

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

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

SECTION 32. Section 52 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [52] 28. Applicability of the Revised Penal Code. - The
provisions [of Book 1] of the Revised Penal Code shall [be applicable] APPLY
SUPPLETORILY to this Act.”

SECTION 33. Section 53 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [53] 29. Anti-Terrorism Council. - An Anti-Terrorism Council,
hereinafter referred to, for brevity, as the "Council," is hereby created. The
members of the Council are: (1) the Executive Secretary, who shall be its

Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson;

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and (3) the Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; [and] (7) the National Security Advisor; (8) THE
SECRETARY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY;
(9) THE SECRETARY OF SCIENCE AND TECHNOLOGY; (10) THE
SECRETARY OF TRANSPORTATION; (11) SECRETARY OF LABOR AND
EMPLOYMENT; AND (12) SECRETARY OF EDUCATION as its other

members.

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

nation.

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

National Intelligence Coordinating Agency as Secretariat of the Council

THERE IS HEREBY CREATED AN ANTI-TERRORISM COUNCIL -
PROGRAM MANAGEMENT CENTER (ATC-PMC) WHICH SHALL: (A)
DIRECTLY ADMINISTER, CONTROL AND SUPERVISE THE
PERFORMANCE OF THE OPERATIONAL FUNCTIONS AND DUTIES OF
THE COUNCIL; (B) DIRECTLY ASSIST THE COUNCIL IN THE
IMPLEMENTATION OF THE COUNCIL AS HEREIN STATED; (C) ACT AS
THE COORDINATOR OF THE COUNCIL IN THE PROPER EXECUTION OF
ALL DIRECTIVES OF THE COUNCIL; AND (D) PERFORM SUCH OTHER
FUNCTIONS AND DUTIES AS DIRECTED BY THE COUNCIL. [The National
Bureau of Investigation, the Bureau of Immigration, the Office of Civil
Defense, the Intelligence Service of the Armed Forces of the Philippines, the

Anti-Money Laundering Council, the Philippine Center on Transnational



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Crime, and the Philippine National Police intelligence and investigative

elements shall serve as support ag

TO

ncies for the Council.]

ALL THE DEPARTMENTS THAT EACH COUNCIL MEMBER HEADS
INCLUDE AGENCIES UNDER THEM, OTHER DEPARTMENT,

AGENCIES SHALL SERVE AS SUPPORT AGENCIES FOR THE COUNCIL,
AS FOLLOWS:

DEPARTMENT OF JUSTICE

DEPARTMENT OF FOREIGN AFFAIRS

DEPARTMENT OF NATIONAL DEFENSE

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DEPARTMENT OF FINANCE

DEPARTMENT OF INFORMATION AND COMMUNICATIONS

TECHNOLOGY

DEPARTMENT OF SCIENCE AND TECHNOLOGY

DEPARTMENT OF EDUCATION

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

DEPARTMENT OF TRADE AND INDUSTRY

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

ANTI-MONEY LAUNDERING COUNCIL

PHILIPPINE CENTER ON TRANSNATIONAL CRIME

SUCH OTHER OFFICES, AGENCIES, OR UNITS AS NECESSARY.



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

judicial power or authority.

SECTION 34. Section 54 of the same Act is hereby re-numbered and

amended to read as follows:

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

1. Formulate and adopt plans, programs and counter-measures

against terrorists and acts of terrorism in the country;

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

prescribed in this Act;

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

4. Establish and maintain comprehensive data-base information

systems on terrorism, terrorist activities, and counter-terrorism operations;

5. ENLIST THE ASSISTANCE OF ANTI-MONEY LAUNDERING
COUNCIL TO freeze AND FORFEIT the funds, bank deposits, placements,
trust accounts, assets and PROPERTY OF WHATEVER KIND AND
NATURE belonging (I) to a person suspected of or charged with ANY crime
DEFINED AND PENALIZED UNDER SECTION 4, 5, 5(A), 5(B), 5(C), 5(D),

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5(E), HEREOF, (Il) 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”; (III) TO AN INDIVIDUAL MEMBER OF SUCH DESIGNATED
PERSONS, OR (IV) ANY PERSON PROSCRIBED UNDER SECTION 17, 17-
A AND 17-B, pursuant to republic Act No. 9160, otherwise known as the
Anti-Money Laundering Act of 2001, as amended;

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

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

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

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

[8. Request the Supreme Court to designate specific divisions of the
Court of Appeals and Regional Trial Courts in Manila, Cebu City and

Cagayan de Oro City, as the case may be, to handle all cases involving the

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crime of terrorism or conspiracy to commit terrorism and all matters
incident to said crimes. The Secretary of Justice shall assign a team of
prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu
City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.]

8. CALL UPON OTHER GOVERNMENT AGENCIES, NON-
GOVERNMENT ORGANIZATIONS AND PRIVATE ENTITIES FOR
ASSISTANCE IN THE PERFORMANCE OF ITS MANDATE.”

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

SECTION 36. Section 57 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [57] 31. Ban on Extraordinary Rendition. - No person
suspected, CHARGED or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his or her
testimony is needed for terrorist related police investigations or judicial
trials in the said country and unless his or her [human] rights [, including
the right against torture, and right to counsel,] UNDER ARTICLE Il OF
THE CONSTITUTION are officially assured by the requesting country and
transmitted accordingly and approved by the Department of Justice.

SECTION 37. Section 58 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [58] 32. Extra-Territorial Application of this Act. - Subject to
the provision of an existing treaty of which the Philippines is a [signatory]
STATE PARTY and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply: (1) to individual persons
who commit any of the crimes defined and punished in [this] SECTION 4, 5,
5(A), 5(B), 5(C), 5(D), 5(E), AND 5(F) OF THIS Act within the terrestrial

domain, interior waters, maritime zone, and airspace of the Philippines; OR



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(2) to individual persons who, although physically outside the territorial
limits of the Philippines, commit, conspire or plot to commit any of the
crimes defined and punished in [this] SECTION 4, 5, 5(A), 5(B), 5(C), 5(D),
AND 5(E) OF THIS Act (1) 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] (I) on board Philippine
ship or Philippine airship; [(4) to individual persons who commit any of said
crimes] (II) within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government in an official
capacity; [(5) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes] (IV) against
Philippine citizens or persons of Philippines descent, where their citizenship
or ethnicity was a factor in the commission of the crime; and [(6) to
individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes] (V) directly against the Philippine
government, AND (3) TO INDIVIDUAL PERSONS WHO, ALTHOUGH
PHYSICALLY OUTSIDE THE TERRITORIAL LIMITS OF THE
PHILIPPINES, COMMIT ANY OF THE CRIME DEFINED AND PUNISHED
IN SECTION 5(E) HEREOF AND SHALL THEREAFTER RETURN OR
ENTER PHILIPPINE TERRITORY.

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



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SECTION 38. Section 59 of the same Act is hereby re-numbered and

new subsection designated as 33-A is hereby added to read as follows:

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

The Oversight Committee shall be composed of five members each
from the Senate and the House in addition to the Chairs of the Committees
of Public Order of both Houses who shall also Chair the Oversight
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 provision that
authorize the surveillance of suspects of or persons charged with the crime
of terrorism. To that end, the Committee shall summon the police and law
enforcement officers and the members of the Anti-Terrorism Council and
require them to answer questions from the members of Congress and to
submit a written report of the acts they have done in the implementation of
the law including the manner in which the persons suspected of or charged
with the crime of terrorism have been dealt with in their custody and from
the date when the movements of the latter were subjected to surveillance
and his or her correspondences, messages, conversations and the like were
listened to or subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall
render a semi-annual report to both Houses of Congress. The report may

include where necessary a recommendation to reassess the effects of

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globalization on terrorist activities on the people, provide a sunset clause to

or amend any portion of the Act or to repeal the Act in its entirety

The Courts dealing with anti-terrorism cases shall submit to Congress
and the President a report every six months of the status of anti-terrorism
cases that have been filed with them starting from the date this Act is

implemented

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

SECTION 39. Section 60 of the same Act is hereby re-numbered to

read as follows:

“Section [60] 34. Separability Clause. - If for any reason any part or
provision of this Act is declared unconstitutional or invalid, the other parts
or provisions hereof which are not affected thereby shall remain and

continue to be in full force and effect.

SECTION 40. Section 61 of the same Act is hereby re-numbered to

read as follows:

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

SECTION 41. Section 62 of the same Act is hereby re-numbered and

amended to read as follows:

“Section [62] 36. [Special] Effectivity Clause. - THIS ACT SHALL
TAKE EFFECT FIFTEEN (15) DAYS AFTER ITS COMPLETE
PUBLICATION IN THE OFFICIAL GAZETTE OR IN AT LEAST TWO (2)
NEWSPAPERS OF GENERAL CIRCULATION.

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[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.]

Approved,

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