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

Seventeenth Congress
Second Regular Session

HOUSE BILL no.71 il

Introduced by Representative Rodolfo C. Farifias

EXPLANATORY NOTE

This bill seeks to enhance the nation’s security by providing for the
electronic surveillance of foreign entities who are known for or suspected of
intending to harm the security and interests of the Philippines and its people.
It is a complement to Republic Act No. 9372, or the “Human Security Act of
2007,” which earlier was passed to provide the country’s security agencies the
necessary tools and weapons to combat the menace of international terrorism.

The Human Security Act is a landmark piece of legislation that is widely
hailed even by our security allies as closing the loopholes which used to prevent
our security forces from fully utilizing available resources in the fight against
domestic and international terrorists. However, the said Act and all of the
country’s other laws relating to public order, national security,
telecommunications, and cyberspace are still seen as unable to completely equip
the country’s national security apparatus with what it needs to prevent a
catastrophe like another terrorist invasion or even a cyber-attack.

As shown by the recent incident in Marawi City, our security forces need
to always be two or three steps ahead of the public’s enemies, some of whom
have foreign elements or are of foreign origin, and the way to accomplish this is
by Pppviding our forces with high-quality, actionable intelligence all the time. It

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is only when our law enforcers and military are armed with good intelligence
that they are capable of fully applying the law’s might against those who wish
harm on our people.

This bill, which is patterned after the Foreign Intelligence Surveillance
Act of the United States, augments the features of the Human Security Act by
providing for the warrantless surveillance through electronic or mechanical
means of foreign entities in domestic and foreign locations in the pursuit of the
country’s national security goals. For example, it allows the targeting for
surveillance of foreigners outside of the Philippines for up to one (1) year
without the need of a court order or warrant. It also provides for safeguards
known as “minimization procedures” under which the chances of the
surveillance information being misused against a Filipino citizen or any person
who is in the Philippines is limited or curtailed. It also provides for the
employment of electronic surveillance on any target located anywhere within or
outside of the Philippines prior to obtaining a warrant if an emergency situation
so warrants. These, in effect, are exceptions to the rule established in our current
laws that electronic surveillance may only be done with a warrant.

In essence, the bill legally expands the power of surveillance of security
agencies to foreign locations as well as provides for exceptions to the rule that a
warrant is necessary to conduct surveillance on Filipino targets or within
Philippine jurisdiction. It also protects telecommunications companies,
landlords and other service providers, from legal action as a result of their
cooperation with the Government in the latter’s employment of electronic
surveillance for national security purposes.

In view of the foregoing, the approval of this bill is highly recommended.

Pen Ge
RODOLFO C. FARINAS


RUN

aw

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

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 7111

Introduced by Representative Rodolfo C. Farifias

AN ACT
STRENGTHENING NATIONAL SECURITY BY PROVIDING FOR
THE ELECTRONIC SURVEILLANCE OF FOREIGN ENTITIES
UNDER CERTAIN CONDITIONS

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

TABLE OF CONTENTS
SECTION 1. Short Title

SEC. 2. Definition of Terms

SEC. 3. Electronic Surveillance Authorization

SEC. 4. Emergency Authorizations

SEC. 5. Emergencies Involving Non-Filipino Citizens

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized Electronic
Surveillance; Training of Intelligence Personnel

SEC. 7. Retention of Certifications, Applications and Orders

SEC. 8. Bar to Legal Action

SEC. 9. Use of Information

SEC. 10. Report to Supreme Court Office of the Court Administrator Office
and to Congress

SEC. 11. Report of the Secretary of Justice to Congressional Committees;
Limitation on Authority or Responsibility of Information Gathering Activities


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of Congressional Committees; Report of Congressional Committees to
Congress

SEC.
SEC.
SEC.
SEC.
SEC.
SEC.
SEC.

12. Criminal Sanctions

13. Civil Liability

14. Authorization During Time of War

15. Extra-Territorial Application of this Act
16. Separability Clause

17. Repealing Clause

18. Special Effectivity Clause

SECTION 1. Short Title. — This Act shall be known as the “Foreign

Electronic Surveillance Act.”

SEC. 2. Definition of Terms. — As used in this Act:
(a) Foreign entity means—

(1)a foreign government or any component thereof, whether or not
recognized by the Philippines;

(2)a faction of a foreign nation or nations, majority of whose
population is composed of persons who are not Filipino citizens;

(3) an entity that is openly acknowledged by a foreign government or
governments to be directed and controlled by such foreign government or
governments;

(4)a group engaged in international terrorism or activities in
preparation therefor;

(5) a foreign-based non-government organization, majority of whose

members or stockholders are persons who are not Filipino citizens;


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(6) an entity that is directed and controlled by a foreign government or
governments; or

(7) an entity not substantially composed of Filipino citizens that is
engaged in the international proliferation of weapons of mass destruction.
(b) Agent of a foreign entity means—

(1) any person other than a Filipino citizen, who—

(A) acts in the Philippines as an officer or employee of a foreign
entity, or as a member of a foreign entity as defined in this Act,
irrespective of whether the person is inside the Philippines;

(B) acts for or on behalf of a foreign entity which engages in
clandestine intelligence activities in the Philippines contrary to the
interests of the Philippines;

(C) engages in international terrorism as defined in Republic Act
(RA) No. 9372, also known as the “Human Security Act of 2007” or
activities in preparation therefor;

(D) engages in the international proliferation of weapons of mass
destruction, or activities in preparation therefor; or

(E) engages in the international proliferation of weapons of mass
destruction, or activities in preparation therefor, for or on behalf of
a foreign entity, or knowingly aids or abets any person in the conduct

of such proliferation or activities in preparation therefor, or knowingly


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conspires with any person to engage in such proliferation or activities
in preparation therefor; or
(2) any person who—

(A) knowingly engages in clandestine intelligence gathering
activities for or on behalf of a foreign entity, whether the activities
involve or may not involve a violation of the laws of the Philippines;

(B) pursuant to the direction of an intelligence service or network
of a foreign entity, knowingly engages in any other clandestine
intelligence activities for or on behalf of such foreign entity, whether
the activities involve or may not involve a violation of the laws of the
Philippines;

(C) knowingly engages in sabotage or international terrorism, or
activities that are in preparation therefor, for or on behalf of a foreign
entity;

(D) knowingly enters the Philippines under a false or fraudulent
identity for or on behalf of a foreign entity or, while in the Philippines,
knowingly assumes a false or fraudulent identity for or on behalf of
a foreign entity; or

(E) knowingly aids or abets any person in the conduct of activities
described in this paragraph or knowingly conspires with any person to

engage in activities described in this paragraph.


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(c) International terrorism means activities that involve violent acts
or acts dangerous to human life as defined in Section 3 of RA 9372
committed within or outside the jurisdiction of the Philippines.

(d) Sabotage means activities that involve a violation of Title Three
or Title Four of Book Two of the Revised Penal Code or that would
involve such a violation if committed against the Philippines.

(©) Foreign intelligence information means—

(1) information that relates to, and if concerning a Filipino
citizen is necessary to, the ability of the Philippines to protect
against—

(A) actual or potential attack or other grave hostile acts of

a foreign entity or an agent of a foreign entity;

(B) sabotage, international terrorism, or the international
proliferation of weapons of mass destruction by a foreign entity

or an agent of a foreign enti

(C) clandestine intelligence activities by an intelligence
service or network of a foreign entity or by an agent of a foreign
entity; or
(2) information with respect to a foreign entity or foreign

territory that relates to, and if concerning a Filipino citizen is
necessary to—

(A) the national defense or the security of the Philippines; or


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(B) the conduct of the foreign affairs of the Philippines.
(f) Electronic surveillance means—

(1) the acquisition by an electronic, mechanical, or other
surveillance device of thecontentsof any wire or radio
communication sent by or intended to be received by a particular,
known Filipino citizen who is in the Philippines, if the contents are
acquired by intentionally targeting that Filipino citizen, under
circumstances in which a person has a reasonable expectation of
privacy and a warrant would be required for law enforcement
purposes;

(2) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire communication to or
from a person in the Philippines, without the consent of any party
thereto, if such acquisition occurs in the Philippines, but does not
include the acquisition of those communications of computer
trespassers that would be permissible under the law;

(3) the intentional acquisition by an electronic, mechanical, or
other surveillance device of the contents of any radio communication,
under circumstances in which a person has a reasonable expectation
of privacy and a warrant would be required for law enforcement
purposes, and if both the sender and all intended recipients are located

within the Philippines;


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(4) the intentional acquisition by an electronic, mechanical, or
other surveillance device of the contents of any communication via
the Internet or other electronic communications network, under
circumstances in which a person has a reasonable expectation of
privacy and a warrant would be required for law enforcement
purposes, and if both the sender and all intended recipients are located
within the Philippines; or

(5) the installation or use of an electronic, mechanical, or other
surveillance device in the Philippines for monitoring to acquire
information, other than from a wire, radio or any electronic
communication, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be required for
law enforcement purposes.

(g) Secretary of Justice means the Secretary of the Department of
Justice of the Philippines (or Acting Secretary of Justice), or, upon the
designation of the Secretary of Justice, the appropriate Undersecretary of
Justice.

(h) Minimization procedures, with respect to electronic surveillance,
means—

(1) specific procedures, which shall be adopted by the Secretary
of Justice, that are reasonably designed in light of the purpose and

technique of the particular surveillance, to minimize the acquisition

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and retention, and prohibit the dissemination, of non-publicly
available information _— concerning —_unconsenting Filipino
citizens consistent with the need of the Philippines to obtain, produce,
and disseminate foreign intelligence information;

(2) procedures that require that non-publicly available
information, which is not foreign intelligence information, as defined
in this section, shall not be disseminated in a manner that identifies
any Filipino citizen, without such person’s consent, unless such
person’s identity is necessary to understand foreign intelligence
information or assess its importance;

(3) notwithstanding the above paragraphs, procedures that allow
for the retention and dissemination of information that is evidence of
a crime which has been, is being, or is about to be committed and that
is to be retained or disseminated for law enforcement purposes; and

(4) notwithstanding the above paragraphs, with respect to
any electronic surveillance approved pursuant to this Act, procedures
that require that no contents of any communication to which a
Filipino citizen is a party shall be disclosed, disseminated, or used for
any purpose or retained for longer than 72 hours unless a court order
is obtained or unless the Secretary of Justice determines that the
information indicates a threat of death or serious bodily harm to any

person.


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(i) Filipino citizen means a citizen of the Philippines, either by birth
or naturalization, or a corporation, partnership, cooperative, or association
a majority of the stock or membership of which is of citizens of the
Philippines and which were formed in accordance with Philippine laws.

(j) Philippines, when used in a geographic sense, means all areas
under the territorial sovereignty of the Philippines as defined in the
Constitution.

(k) Surveilled person means a person who is the target of
an electronic surveillance or any other person whose communications or
activities were subject to electronic surveillance.

()) Wire communication means any communication while it is being
carried by a wire, cable, or other like connection furnished or operated by
any person engaged as a common carrier in providing or operating such
facilities for the transmission of domestic or foreign communications.

(m) Person means any individual, including any officer or employee
of the government, or any group, entity, association, corporation,
or foreign entity.

(n) Contents, when used with respect to a communication, includes
any information concerning the identity of the parties to such
communication or the existence, substance, purport, or meaning of that

communication.


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(0) Internet or electronic communication means any communication
made through the use of the Internet, or any similar electronic
communications network regardless of whether transmission is made by
satellite, wired or wireless means or via access that is free or for a fee
through a public network, commercial provider or common carrier.

(p) Weapon of mass destruction means—

(1) any explosive, incendiary, or poison gas device that is
designed, intended, or has the capability to cause a mass casualty
incident;

(2) any weapon that is designed, intended, or has the capability
to cause death or serious bodily injury to a significant number
of persons through the release, dissemination, or impact of toxic or
poisonous chemicals or their precursors;

(3) any weapon involving a biological agent, toxin, or vector that
is designed, intended, or has the capability to cause death, illness, or
serious bodily injury to a significant number of persons; or

(4) any weapon that is designed, intended, or has the capability
to release radiation or radioactivity causing death, illness, or serious
bodily injury to a significant number of persons.

SEC. 3. Electronic Surveillance Authorization. — (a) (1) Except as

otherwise provided in this Act, electronic surveillance conducted anywhere in

22 the Philippines or on targets at least one of whom is located in the Philippines or

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on a target Filipino citizen located outside the Philippines shall be upon a court
order obtained in accordance with RA 9372.

The Secretary of Justice and the Director General of the National
Intelligence Coordinating Agency (NICA) may authorize jointly, for a period of
up to one (1) year from the effective date of the authorization, the targeting of
persons reasonably believed to be located outside the Philippines to acquire
foreign intelligence information, subject to the limitations that the acquisition:

(A) may not intentionally target any person known at the time of
acquisition to be located in the Philippines;

(B) may not intentionally target a person reasonably believed to
be located outside the Philippines if the purpose of such acquisition is

to target a particular, known person reasonably believed to be in the

(C) may not intentionally target a Filipino citizen reasonably
believed to be located outside the Philippines;

(D) may not intentionally acquire any communication as to
which the sender and all intended recipients are known at the time of
the acquisition to be located in the Philippines; and

(E) may not be conducted in a manner contrary to Section 2,
Article III of the Constitution.

(2) Anelectronic surveillance authorized by this subsection may be

conducted only in accordance with the Secretary of Justice’s certification

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of compliance with the foregoing paragraph and the minimization
procedures adopted by the Secretary. The Secretary of Justice shall
assess compliance with such procedures and shall report such assessments
to the House of Representatives Committee on National Defense and
Security under the provisions of this Act.

(3) The Secretary of Justice shall immediately transmit under seal to
the Court of Appeals a copy of his certification. Such certification shall
be maintained under security measures established by the Chief Justice
with the concurrence of the Secretary of Justice, in consultation with the
Director General of NICA, and shall remain sealed unless—

(A) an application for a court order with respect to the
surveillance is made under RA 9372 or this Act; or

(B) the certification is necessary to determine the legality of the
surveillance.

(4) With respect to electronic surveillance authorized by this section,
the Secretary of Justice may direct a specified communication common
carrier to —

(A) furnish all information, facilities, or
technical assistance necessary to accomplish _ the electronic
surveillance in such a manner as will protect its secrecy and produce a
minimum of interference with the services that such carrier is

providing its customers; and


(B) maintain under security procedures approved by
the Secretary of Justice and the NICA Director General any records
concerning the surveillance or the aid furnished which such carrier
wishes to retain.

The government shall compensate, at the prevailing rate, such carrier for
furnishing such aid.

(b) Applications for a court order are authorized if the President has,
by written authorization, empowered the Secretary of Justice to approve
applications under RA 9372 to the Court of Appeals and the latter may,
notwithstanding any other law, grant an order, in conformity with this Act,
approving electronic surveillance of a foreign entity or an agent of a
foreign entity for the purpose of obtaining foreign intelligence information.
SEC. 4. Emergency Authorizations. — (1) Notwithstanding any other

provision of this Act, the Secretary of Justice may authorize the emergency

employment of electronic surveillance on any target if he —

(A) reasonably determines that an emergency situation
exists with respect to the employment of electronic
surveillance to obtain foreign intelligence information before an
order authorizing such surveillance can with due diligence be

obtained;

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(B) reasonably determines that the factual basis for the
issuance of an order under this Act to approve such electronic
surveillance exists;

(C) informs, either personally or through a designee, the
designated division of the Court of Appeals under RA 9372 at
the time of such authorization that the decision has been made to
employ emergency electronic surveillance; and

(D) makes an application in accordance with this Act to
the designated division of the Court of Appeals under RA 9372
as soon as practicable, but not later than seven (7) days after the
Secretary of Justice authorizes such surveillance.

(2) If the Secretary of Justice authorizes the emergency employment
of electronic surveillance under paragraph (1), the Secretary of Justice
shall require that the minimization procedures required by this Act for the
issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such electronic
surveillance, the surveillance shall terminate when the information sought
is obtained, when the application for the order is denied, or after the
expiration of seven (7) days from the time of authorization by the
Secretary of Justice, whichever is earliest.

(4) A denial of the application made under this Act may be reviewed

by the Supreme Court.


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(5) In the event that such application for approval is denied, or in any
other case where the electronic surveillance is terminated and no order is
issued approving the surveillance, no information obtained or evidence
derived from such surveillance shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any court,
department, office, agency, regulatory body, legislative committee, or
other authority of the National Government, local government unit, or
their political subdivision, and no information concerning any Filipino
citizen acquired from such surveillance shall subsequently be used or
disclosed in any other manner by government officers or employees
without the consent of such person, except with the approval of the
Secretary of Justice if the information indicates a threat of death or
serious bodily harm to any person.

(6) The Secretary of Justice shall assess compliance with the
requirements of paragraph (5).

SEC. 5. Emergencies Involving Non-Filipino Citizens. — (1)
Notwithstanding any other provision of this Act, the lawfully authorized
targeting of a non-Filipino citizen previously believed to be located outside the
Philippines for the acquisition of foreign intelligence information may continue
for a period not to exceed 72 hours from the time that the non-Filipino citizen is

reasonably believed to be located inside the Philippines and the acquisition is

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subject to this Act, the Rules of Court and other laws, provided that the head of
an element of the intelligence community—

(A) reasonably determines that a lapse in the targeting of such
non-Filipino citizen poses a threat of death or serious bodily harm to
any person;

(B) promptly notifies the Secretary of Justiceof a
determination under the foregoing paragraph; and

(C) requests, as soon as practicable, the employment of
emergency electronic surveillance under the previous section or the
employment of an emergency physical search, as warranted.

(2) The authority under this subsection to continue the acquisition
of foreign intelligence information is limited to a period not to exceed 72 hours
and shall cease upon the earlier of the following:

(A) The employment of emergency electronic
surveillance under the previous section or the employment of an
emergency physical search.

(B) An issuance of a court order under RA 9372 or this Act.

(C) The Secretary of Justice provides direction that the
acquisition be terminated.

(D)The head of the clement of the intelligence
community conducting the acquisition determines that a request under

this section is not warranted.


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(E) When the threat of death or serious bodily harm to
any person is no longer reasonably believed to exist.

(3) Nonpublicly available information concerning unconsenting Filipino
citizens acquired under this subsection shall not be disseminated during the 72
hour time period under paragraph (1) unless necessary to investigate, reduce, or
eliminate the threat of death or serious bodily harm to any person.

(4) If the Secretary of Justice declines to authorize the employment of
emergency electronic surveillance under the previous section or the
employment of an emergency physical search, or a court order is not obtained,
information obtained during the 72 hour acquisition time period under
paragraph (1) shall not be retained, except with the approval of the Secretary of
Justice if the information indicates a threat of death or serious bodily harm to
any person.

(5) Paragraphs (5) and (6) of the previous section shall apply to this
section.

SEC. 6 Testing of Electronic Equipment; Discovering Unauthorized
Electronic Surveillance; Training of Intelligence Personnel. ~
Notwithstanding any other provision of this Act, officers, employees, or agents
of the government are authorized in the normal course of their official duties to
conduct electronic surveillance not targeted against the communications of any
particular person or persons, under procedures approved by the Secretary of

Justice, solely to—

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(1) test the capability of electronic equipment, if—

(A)it is not reasonable to obtain the consent of
the persons incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that necessary to
determine the capability of the equipment;

(C) the contents of any communication acquired are retained and
used only for the purpose of determining the capability of the
equipment, are disclosed only to test personnel, and are destroyed
before or immediately upon completion of the test; and:

(D) Provided, That the test may exceed ninety days only with the
prior approval of the Secretary of Justice;

(2) determine the existence and capability —_of electronic
surveillance equipment being used by persons not authorized to
conduct electronic surveillance, if—

(A)it is not reasonable to obtain the consent
of persons incidentally subjected to the surveillance;

(B) such electronic surveillance is limited in extent and duration
to that necessary to determine the existence and capability of such
equipment; and

(©) any information acquired by such surveillance is used only

to enforce Republic Act No. 4200 or the “Anti-Wiretapping

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Act” or Republic Act No. 10175 or the “Cybercrime Prevention Act,”
or to protect information from unauthorized surveillance; or
(3) train intelligence personnel in the use _ of electronic
surveillance equipment, if—
(A) it is not reasonable to—
i. obtain the consent of the persons incidentally subjected
to the surveillance;
ii. train persons in the course of surveillances otherwise
authorized by this subchapter; or
iii. tain persons in the use of such equipment without
engaging in electronic surveillance;

(B) such electronic surveillance is limited in extent and duration
to that necessary to train the personnel in the use of the equipment;
and

(C) no contents of any communication acquired are retained or
disseminated for any purpose, but are destroyed as soon as reasonably
possible.

SEC. 7. Retention of Certifications, Applications and Orders. —
Certifications made by the Secretary of Justice pursuant to Section 4 of this
Act and applications made and orders granted under this Act shall be retained

for a period of at least ten years from the date of the certification or application.

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SEC. 8. Bar to Legal Action. — No cause of action shall lie in any court

against any provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent, or other
specified person thereof) that furnishes any information, facilities, or
technical assistance in accordance with a court order or request for

emergency assistance under this Act for electronic surveillance.

SEC. 9. Use of Information. —

(a) Compliance with Minimization Procedures; _ Privileged
Communications; Lawful Purposes. — \nformation acquired from
an electronic surveillance conducted pursuant to this Act concerning any
Filipino citizen may be used and disclosed by officers and employees of
the government without the consent of the Filipino citizen only in
accordance with the minimization procedures required by this Act. No
otherwise privileged communication obtained in accordance with, or in
violation of, the provisions of this Act shall lose its privileged character.
No information acquired from an electronic surveillance pursuant to this
Act may be used or disclosed by officers or employees of the government
except for lawful purposes.

(b) Statement for Disclosure. — No information acquired pursuant to
this Act shall be disclosed for law enforcement purposes unless such

disclosure is accompanied by a statement that such information, or any

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information derived therefrom, may only be used in a criminal proceeding
with the advance authorization of the Secretary of Justice.

(c) Notification by the Government. — Whenever the government
intends to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department, officer,
agency, regulatory body, or other authority of the Philippines, against
asurveilled person, any information obtained or derived from
an electronic surveillance of that surveilled person pursuant to the
authority of this Act, the government shall, prior to the trial, hearing, or
other proceeding or at a reasonable time prior to an effort to so disclose or
so use that information or submit it in evidence, notify the surveilled
person and the court or other authority in which the information is to be
disclosed or used that the government intends to so disclose or so use
such information.

(d) Motion to Suppress. — Any person against whom evidence
obtained or derived from an electronic surveillance to which he is a
surveilled person is to be, or has been, introduced or otherwise used or
disclosed in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the
government, may move to suppress the evidence obtained or derived from
such electronic surveillance on the grounds that—

(1) the information was unlawfully acquired; or

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(2) the surveillance was not made in conformity with an order of
authorization or approval.

Such a motion shall be made before the trial, hearing, or other proceeding

unless there was no opportunity to make such a motion or the person was not

aware of the grounds of the motion.

(e) In Camera and Ex Parte Review by Trial Court. — Whenever a
court or other authority is notified pursuant to subsection (c) or (d), or
whenever a motion is made pursuant to subsection (d), or whenever any
motion or request is made by a surveilled person pursuant to any other
statute or rule before any court or other authority of the government to
discover or obtain applications or orders or other materials relating
to electronic surveillance or to discover, obtain, or suppress evidence or
information obtained or derived from electronic surveillance under this
Act, the trial court shall, notwithstanding any other law, if the Secretary
of Justice files an affidavit under oath that disclosure or an adversary
hearing would harm the national security of the Philippines, review in
camera and ex parte the application, order, and such other materials
relating to the surveillance as may be necessary to determine whether the
surveillance of the surveilled person was lawfully authorized and
conducted. In making this determination, the court may disclose to the
surveilled person, under appropriate security procedures and protective

orders, portions of the application, order, or other materials relating to the

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surveillance only where such disclosure is necessary to make an accurate
determination of the legality of the surveillance.

(£) Suppression of Evidence; Denial of Motion. — If the trial court
pursuant to subsection (e) determines that the surveillance was not
lawfully authorized or conducted, it shall, in accordance with the
requirements of law, suppress the evidence which was unlawfully
obtained or derived from electronic surveillance of the surveilled person
or otherwise grant the motion of the surveilled person. If the court
determines that the surveillance was lawfully authorized and conducted, it
shall deny the motion of the surveilled person except to the extent that
due process requires discovery or disclosure.

(g) Finality of Orders. — Orders granting motions or requests under
subsection (f), decisions under this section __ that electronic
surveillance was not lawfully authorized or conducted, and orders of the
trial court requiring review or granting disclosure of applications, orders,
or other materials relating to a surveillance shall be executory except
when restrained by the Court of Appeals or the Supreme Court.

(h) Destruction of Unintentionally Acquired Information. — In
circumstances involving the unintentional acquisition by an electronic,
mechanical, or other surveillance device of the contentsof any
communication, under circumstances in which a person has a reasonable

expectation of privacy and a warrant would be required for law

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enforcement purposes, and if both the sender and all intended recipients
are located within the Philippines, such contents shall be destroyed upon
recognition, unless the Secretary of Justice determines that the contents
indicate a threat of death or serious bodily harm to any person.

(i) Notification of Emergency Employment of Electronic
Surveillance; Contents; Postponement, Suspension or Elimination. —\f
an emergency employment of electronic surveillance is authorized under
Sections 4 or 5 of this Actand a subsequent order approving the
surveillance is not obtained, the judge shall cause to be served on any
Filipino citizen named in the application and on such other Filipino
citizens subject to electronic surveillance as the judge may determine in
his discretion it is in the interest of justice to serve, notice of—

(1) the fact of the application;

(2) the period of the surveillance; and

(3) the fact that during the period information was or was not
obtained.

On an ex parte showing of good cause to the judge the serving of the
notice required by this subsection may be postponed or suspended for a period
not to exceed ninety (90) days. Thereafter, on a further ex parte showing of
good cause, the court shall forego ordering the serving of the notice required

under this subsection.

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(j) Coordination with Law Enforcement on National Security
Matters. —

(1) Government officers who conduct electronic surveillance to
acquire foreign intelligence information under this Act may consult
with law enforcement or military officers or personnel to coordinate
efforts to investigate or protect against—

(A) actual or potential attack or other grave hostile acts of

a foreign entity or an agent of a foreign entity;

(B) sabotage, international terrorism, or the international
proliferation of weapons of mass destruction by a foreign entity

or an agent of a foreign entity;

(C) clandestine intelligence activities by an intelligence
service or network of a foreign entity or by an agent of a foreign
entity.

(D) Coordination authorized under this paragraph shall not
preclude the certification required by Section 3 of this Act or the
entry of an order under R.A. No. 9372.

SEC. 10. Report to Supreme Court Office of the Court
Administrator Office and to Congress. - In April of each year, the Secretary of
Justice shall transmit to the Supreme Court Office of the Court Administrator
and to the Senate and House of Representatives a report setting forth with

respect to the preceding calendar year—

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(a) the total number of applications made for orders and extensions of
orders approving electronic surveillance under this Act; and
(b) the total number of such orders and extensions either granted,
modified, or denied.
SEC. 11. Report of the Secretary of Justice to Congressional
Committees; Limitation on Authority or Responsibility of Information
Gathering Activities of Congressional Committees; Report of Congressional

Committees to Congress. —

(a)

(1) On a semiannual basis the Secretary of Justice shall fully
inform the Committee on National Defense and Security of the House
of Representatives and the Committee on Justice and Human Rights
of the Senate concerning all electronic surveillance under this Act.
Nothing in this Act shall be deemed to limit the authority and
responsibility of the appropriate committees of each House of
Congress to obtain such information as they may need to carry out
their respective functions and duties.

(2) Each report under the first sentence of paragraph (1) shall
include a description of —

(A) the total number of applications made for orders and

extensions of orders approving electronic surveillance under this

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Act where the nature and location of each facility or place at
which the electronic surveillance will be directed is unknown;

(B) each criminal case in which information acquired under
this Act has been authorized for use at trial during the period
covered by such report;

(C)the total number of emergency employments
of electronic surveillance under Sections 4 and 5 this Act and the
total number of subsequent orders approving or denying such
electronic surveillance; and

(D) the total number of court authorizations under RA 9372
and the total number of subsequent emergency employments of

electronic surveillance under Sections 4 and 5 of this Act.

(b) On or before October 30 of each year, the Committee on National
Defense and Security of the House of Representatives and the Committee on
Justice and Human Rights of the Senate shall report to their respective
chambers concerning the implementation of this Act. Said reports shall include
but not be limited to an analysis and recommendations concerning whether this
Act should be (1) amended, (2) repealed, or (3) permitted to continue in effect
without amendment.

SEC. 12. Criminal Sanctions. —

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(a) Prohibited Activities. — A personis guilty of an offense if he
intentionally —

(1) engages in electronic surveillance under color of law except
as authorized by this Act or other laws;

(2) discloses or uses information obtained under color of law
by electronic surveillance, knowing or having reason to know that the
information was obtained through electronic _ surveillance not
authorized by this Act nor other laws.

(b) Defense. — It is a defense to a prosecution under subsection (a) that
the defendant was a law enforcement or investigative officer engaged in the
course of his official duties and the electronic surveillance was authorized by
and conducted pursuant to a search warrant or court order of a court of
competent jurisdiction.

(c) Penalties. — Offenses described in this section are punishable under
any of the crimes defined in Republic Act No. 10175 or the Cybercrime
Prevention Act in their maximum periods.

SEC. 13. Civil Liability. — A surveilled person, other than a foreign entity
or an agent of a foreign entity, as defined in Section 2(a) or (b)(1)(A) of this
Act, respectively, who has been subjected to an electronic surveillance or about
whom information obtained by electronic surveillance of such person has been

disclosed or used in violation of Section 12 of this Act shall have a cause of


action against any person who committed such violation and shall be entitled to

civil damages as may be defined in the Civil Code.

SEC. 14. Authorization During Time of War. — Notwithstanding any
other law, the President, through the Secretary of Justice, may
authorize electronic surveillance without a court order under RA 9372 or this
Act to acquire foreign intelligence information for a period not to exceed fifteen

(15) calendar days following a declaration of war by the Congress.

SEC. 15. 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 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 directly against the Philippine government.

SEC. 16. 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. 17. Repealing Clause. — RA 9372 and 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. 18. Special Effectivity Clause. — After the bill shall have been
signed into law by the President, the Act shall take effect after its publication in

three (3) newspapers of national circulation.

Approved,

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