Republic of the Whilippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 2847

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Along with the news about the unfortunate “deadly attack” near a military camp in Sulu
this month’ came news about the cause of the incident—two suicide bombers, one of
which is a Filipino, was confirmed by authorities. This is the first time our country has
dealt with a confirmed Filipino suicide bomber. The bombing incident marks a worrying
escalation of militancy driven by the influence of the Islamic State group in the
country®. Although claims by the ISIS to the bombing is still up for validation,
insurgency in the southern Philippines has already been a problem for decades.

This recent act of terrorism reiterated the calls by Philippine security forces to amend
provisions of the Human Security Act. Republic Act No. 9372, or the Human Security
Act of 2007, is one of the primary anti-terrorism law aimed at tackling militants in the
country. Amending this law would help strengthen the government's fight against
terrorism, especially amid the recent incidents, and improve security in the country.

This representation proposes this bill as an answer to the call of a stronger security
against terrorism in the country by amending the Human Security Act. The main

innovation of this proposal is the definition of Terrorist Acts under SECTION 4 of the
Bill which states that

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any person who commits any of the following unlawful acts, regardless
of its stage of execution, when the purpose of such act, by its nature
and context, is to intimidate, put in fear, force or induce the government
or any international organization, or the public to do or to abstain from
doing any act, or seriously destabilize or destroy the fundamental
political, economic or social structures of the country, or create a public
emergency or undermine public safety

Other salient features of the Bill are as follows:

a. Recruitment and membership in a terrorist group is now a punishable act,
along with providing material support to terrorists;

b. Longer period of judicial authorization for surveillance to give the law
enforcers more time to effectively gather evidence;

c. Enforces a new provision defining Foreign Terrorist Fighters to prevent them
coming to the Philippines to commit terrorist acts here or or use the
Philippines as a pit stop to their journey abroad;

d. Adds Regional Trial Court as a venue for securing judicial authorization for
‘surveillance;

e. Adds a provision on the preliminary order for proscription of terrorist
organizations;

f. Includes the Secretaries of the Department of Labor and Employment,
Department of Information and Communications Technology, Department
of Science and Technology, Department of Transportation, Department of
Education, and Department of Social Welfare and Development in the
composition of the Anti-Terrorism Council; and

g. Increases the functions of the Anti-Terrorism Council to include monitoring
the progress of investigations and prosecution of all persons accused and/or
detained for the crimes defined under this Act in order to prevent abuse and
ensure proper conduct of investigations.

While an anti-terror law in itself cannot completely eradicate the problem of terrorism,
an intensified one can give the government and the law enforcement agencies the


,

much-needed tool in dealing with the emerging threats of terrorism. The proposed bill
would help add teeth to the current anti-terrorism law.

This bill aims to give the government an effective legal framework that would enable it
to have a criminal justice response to terrorism. As @ counterpart bill to Senator Ping
Lacson's version in the Senate, this representation hopes that this bill is prioritized as
@ national security legislation that is due its passage.

The approval of this bill is earnestly sought.

LUIS R. UN! RAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. 2847

————

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EE

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

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

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

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

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

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


Nothing in this Act shall be interpreted as a curtailment, restriction or diminution
of constitutionally recognized powers of the executive branch of the government. itis
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. DEFINITION OF TERMS. - AS USED IN THIS ACT:

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

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

(C) “FOREIGN TERRORISTS” ARE ANY PERSONS WHO TRAVEL TO A
STATE OTHER THAN THEIR STATES OF RESIDENCE OR NATIONALITY
FOR THE PURPOSE OF PERPETRATING, PLANNING, OR PREPARING
FOR, OR PARTICIPATING IN, TERRORIST ACTS OR PROVIDING FOR OR
RECEIVING OF TERRORIST TRAINING. THESE SHALL ALSO INCLUDE
INDIVIDUALS RESIDING ABROAD WHO COME TO THE PHILIPPINES TO.
PARTICIPATE IN PERPETRATING, PLANNING, OR PREPARING FOR, OR
PARTICIPATING IN TERRORIST ACTS OR PROVIDE SUPPORT FOR OR
FACILITATE TERRORIST TRAINING HERE OR ABROAD;


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

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

(F) “PROPOSAL TO COMMIT TERRORIST ACTS" IS COMMITTED
WHEN A PERSON WHO HAS DECIDED TO COMMIT ANY OF THE CRIMES:
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS ACT
PROPOSES ITS EXECUTION TO SOME OTHER PERSON OR PERSONS;

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

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


() “TRAINING” SHALL REFER TO THE GIVING OF INSTRUCTION OR

TEACHING DESIGNED TO IMPART A SPECIFIC SKILL IN RELATION TO
SOME TERRORIST ACTS AS DEFINED HEREUNDER, AS OPPOSED TO
GENERAL KNOWLEDGE;

(J) “TERRORIST INDIVIDUAL” SHALL REFER TO ANY NATURAL

PERSON WHO COMMITS ANY OF THE ACTS DEFINED AND PENALIZED
UNDER THE PROVISIONS OF THIS ACT, AS A PRINCIPAL, ACCOMPLICE
OR ACCESSORY, OR THOSE WHO ARE MEMBERS OF TERRORIST
ORGANIZATIONS PROSCRIBED UNDER SECTION 24 HEREOF;

(K) "TERRORIST ORGANIZATION, ASSOCIATION OR GROUP OF
PERSONS" SHALL REFER TO ANY ENTITY ORGANIZED FOR THE
PURPOSE OF ENGAGING IN TERRORIST ACTS, OR THOSE
PROSCRIBED UNDER SECTION 24 HEREOF OR THE UNITED NATIONS
SECURITY COUNCIL-DESIGNATED TERRORIST ORGANIZATION; AND

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

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


fa. Article 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters);
Article 134 (Rebellion or Insurrection);
Article 134-a (Coup d' Etat), including acts committed by private persons;
Article 248 (Murder);
Article 267 (Kidnapping and Serious illegal Detention);

Article 324 (Crimes Involving Destruction); or under

meaog

(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):

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

(6) __ Presidential Decree No. 1868, as amended (Decree Codifying the
Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition
or Disposition of Firearms, Ammunitions or Explosives)

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

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

B. ATTACKS THAT CAUSE EXTENSIVE DAMAGE OR DESTRUCTION
TO A GOVERNMENT OR PUBLIC FACILITY, CRITICAL
INFRASTRUCTURE, PUBLIC PLACE OR PRIVATE PROPERTY


LIKELY TO ENDANGER HUMAN LIFE OR RESULT IN MAJOR
ECONOMIC LOSS;

C. MANUFACTURE, POSSESSION, ACQUISITION, TRANSPORT,
SUPPLY OR USE OF WEAPONS, EXPLOSIVES OR OF BIOLOGICAL
OR CHEMICAL WEAPONS, AS WELL AS RESEARCH INTO, AND
DEVELOPMENT OF, BIOLOGICAL AND CHEMICAL WEAPONS;

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

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

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

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

SECTION [4]. 6. ATTEMPT OR Conspiracy to Commit [Terrorism] A
TERRORIST ACT. - ANY ATTEMPT TO COMMIT ANY OF THE ACTS


DEFINED AND PENALIZED UNDER SECTION 4 OF THIS ACT SHALL BE
PENALIZED BY LIFE IMPRISONMENT WITHOUT THE BENEFIT OF
PAROLE.

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

There is conspiracy when two or more persons come to an agreement
conceming the commission of [the crime of terrorism] TERRORIST ACTS as
defined in Section [3] 4 hereof and decide to commit the same.

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

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

SECTION 9. RECRUITMENT TO AND MEMBERSHIP IN A TERRORIST
ORGANIZATION. - ANY PERSON WHO SHALL RECRUIT ANOTHER TO
PARTICIPATE, JOIN, COMMIT OR SUPPORT ANY TERRORIST ACT OR A
TERRORIST INDIVIDUAL OR ANY TERRORIST ORGANIZATION,
ASSOCIATION OR GROUP OF PERSONS WHICH IS PROSCRIBED
UNDER SECTION 24 OF THIS ACT, OR THE UNITED NATIONS SECURITY
COUNCIL-DESIGNATED TERRORIST ORGANIZATION, OR ORGANIZED

10


FOR THE PURPOSE OF ENGAGING IN TERRORIST ACTS, SHALL
SUFFER THE PENALTY OF LIFE IMPRISONMENT WITHOUT THE BENEFIT
OF PAROLE.

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

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

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

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


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

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

PUBLISHING AN ADVERTISEMENT OR PROPAGANDA
CONTAINING ANY INFORMATION RELATING TO THE
PLACE AT WHICH, OR THE MANNER IN WHICH, PERSONS
MAY MAKE APPLICATIONS TO SERVE, OR OBTAIN
INFORMATION RELATING TO SERVICE, IN ANY CAPACITY
IN OR WITH SUCH ARMED FORCE OR RELATING TO THE
MANNER IN WHICH PERSONS MAY TRAVEL TO A FOREIGN
STATE FOR THE PURPOSE OF SERVING IN ANY CAPACITY
IN OR WITH SUCH ARMED FORCE; OR

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

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

SECTION 11. PROVIDING MATERIAL SUPPORT TO TERRORISTS. - ANY
PERSON WHO KNOWINGLY PROVIDES MATERIAL SUPPORT TO ANY
TERRORIST INDIVIDUAL OR TERRORIST ORGANIZATION,

12


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

SECTION [5] 12. Accomplice. - Any person who, not being a principal under
Article 17 of the Revised Penal Code or a conspirator as defined in Section [4]
3(A) AND SECTION § hereof, cooperates in the execution of [either] ANY OF
the crimeS fof terrorism or conspiracy to commit terrorism] DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT, by previous or
simultaneous acts SHALL BE LIABLE AS AN ACCOMPLICE AND shall suffer
the penalty of IMPRISONMENT RANGING from seventeen (17) years, four (4)
months AND one day to twenty (20) years of imprisonment.

SECTION {6] 13. Accessory. - Any person who, having knowledge of the
commission of ANY OF the crime [of terrorism or conspiracy to commit
terrorism.) DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS
ACT, and without having participated therein, either as principal or accomplice
under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to
its commission in any of the following manner. (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or
destroying the body of the crime, or the effects, or instruments thereof, in order
to prevent its discovery; OR (c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the crime, SHALL BE LIABLE AS AN
ACCESSORY AND shall suffer the penalty of IMPRISONMENT RANGING
FROM ten (10) years and one day to twelve (12) years fof imprisonment].

[Notwithstanding the above paragraph, the penalties prescribed for accessories
shall not be imposed upon those who are such with respect to their spouses,

13


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 (2)}

SECTION 14. PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE. -
ANY PERSON FOUND GUILTY OF ANY OF THE ACTS DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT SHALL BE
PERPETUALLY DISQUALIFIED FROM RUNNING FOR ANY ELECTIVE
OFFICE OR HOLDING ANY PUBLIC OFFICE. FURTHERMORE, IF SAID
PERSON IS A PUBLIC OFFICER OR MEMBER OF THE CIVIL SERVICE,
HE/SHE SHALL BE METED THE PENALTY OF DISMISSAL FROM
SERVICE, WITH THE ACCESSORY PENALTIES OF CANCELLATION OF
CIVIL SERVICE ELIGIBILITY, AND FORFEITURE OF RETIREMENT
BENEFITS.

SECTION [7] 15. Surveillance of Suspects and Interception and Recording of
Communications. - The provisions of Republic Act No. 4200 (Anti-Wire Tapping
Law) to the contrary notwithstanding, [a police or] law enforcement [official and
the members of his team] OR MILITARY PERSONNEL may, upon a written
order of the Court of Appeals OR REGIONAL TRIAL COURT SECRETLY
WIRETAP, OVERHEAR AND listen to, intercept, SCREEN, READ, SURVEIL,
[and] record OR COLLECT, with the use of any mode, form, kind or type of
electronic, MECHANICAL OR OTHER EQUIPMENT OR DEVICE or
TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO
SCIENCE [other surveillance equipment or intercepting and tracking devices,]
cor with the use of any other suitable ways and means for [that] THE ABOVE
purposeS, any PRIVATE communicationS, [message] conversation,
discussion/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM,
KIND OR NATURE, [or] spoken or written words (A) between members of a
judicially declared and outlawed terrorist organization, AS PROVIDED IN
SECTION 24 OF THIS ACT; (B) BETWEEN MEMBERS OF A DESIGNATED
PERSON AS DEFINED IN SECTION 3(E) OF REPUBLIC ACT NO. 10168,
OTHERWISE KNOWN AS THE “TERRORISM FINANCING PREVENTION
AND SUPPRESSION ACT OF 201:

OR (C) [association, or group of

14


persons or of] any person charged with or suspected of COMMITTING ANY
OF the crimeS fof terrorism or conspiracy to commit terrorism] DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT: Provided, That,
surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential
business correspondence shall not be authorized

IN CASE OF AN ACTUAL OR IMMINENT TERRORIST ATTACK, THE
ANTI-TERRORISM COUNCIL MAY FILE AN EX-PARTE APPLICATION
WITH THE COURT OF APPEALS OR REGIONAL TRIAL COURT FOR THE
ISSUANCE OF AN ORDER, TO COMPEL TELECOMMUNICATIONS
SERVICE PROVIDERS (TSP) AND INTERNET SERVICE PROVIDERS (ISP)
TO PRODUCE ALL CUSTOMER INFORMATION AND IDENTIFICATION
RECORDS AS WELL AS CALL AND TEXT DATA RECORDS AND OTHER
CELLULAR OR INTERNET METADATA OF ANY PERSON SUSPECTED OF
ANY OF THE CRIMES DEFINED AND PENALIZED UNDER THE
PROVISIONS OF THIS ACT. UPON ISSUANCE OF SAID ORDER, NOTICE
THEREOF SHALL BE GIVEN TO NATIONAL TELECOMMUNICATIONS
COMMISSION (NTC) TO ENSURE IMMEDIATE COMPLIANCE.

SECTION [8] 16. Formal Application for Judicial Authorization. - The written
order fof the authorizing division of the Court of Appeals] to LOCATE, track
down, tap, listen to, intercept, and record communications, messages,
conversations, discussions, or spoken or written words of any person OR
GROUP OF PERSONS suspected of COMMITTING ANY OF the crimeS
DEFINED AND PENALIZED [of terrorism or the crime of conspiracy to commit
terrorism] UNDER THE PROVISIONS OF THIS ACT shail only be granted by
the authorizing division of the Court of Appeals OR THE REGIONAL TRIAL
COURT upon an ex parte written application of a [police or of a] law
enforcement [official] AGENT OR DEPUTIZED LAW ENFORCEMENT
AGENCY, OR MILITARY PERSONNEL, who has been duly authorized in
writing by the Anti-Terrorism Council [created in Section 53 of this Act to file
such ex parte application}, and upon examination under oath or affirmation of
the applicant and the witnesses ESTABLISH [he may produce to establish}:

15


{a) that there is probable cause to believe based on personal knowledge of
facts or circumstances that the [said] crimeS DEFINED AND PENALIZED [of
terrorism or conspiracy to commit terrorism] UNDER THE PROVISIONS OF
THIS ACT has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is essential to the
conviction of any charged or suspected person for, or to the solution or
prevention of, any such crimes, will be obtained; and, (c) that there is no other
effective means readily available for acquiring such evidence.

SECTION [9] 17. Classification and Contents of the Order of the Court, - The
written order granted by the authorizing division of the Court of Appeals OR
THE REGIONAL TRIAL COURT as well as [its order, if any, to extend or renew
the same, the original application of the applicant, including his application to
extend or renew, if any, and the written authorizations of the Anti-Terrorism
Council] THE APPLICATION FOR SUCH ORDER, shall be deemed and are
hereby declared as classified information. BEING CLASSIFIED
INFORMATION, ACCESS TO THE SAID DOCUMENTS AND ANY
INFORMATION CONTAINED IN SAID DOCUMENTS SHALL BE LIMITED TO
THE APPLICANTS, DULY AUTHORIZED PERSONNEL OF THE ANTI-
TERRORISM COUNCIL, THE HEARING JUSTICES OR JUDGE, THE
CLERK OF COURT AND DULY AUTHORIZED PERSONNEL OF THE
HEARING OR ISSUING COURT. [: Provided, That the person being surveilled
or whose communications, letters, papers, messages, conversations,
discussions, spoken or written words and effects have been monitored, listened
to, bugged or recorded by law enforcement authorities has the right to be
informed of the acts done by the law enforcement authorities in the premises or
to challenge, if he or she intends to do so, the legality of the interference before
the Court of Appeals which issued the written order.] The written order of the
authorizing division of the Court of Appeals OR THE REGIONAL TRIAL
COURT shall specify the following: (a) the identity, such as name and address,
if known, of the [charged or suspected] person OR PERSONS whose
communications, messages, conversations, discussions, or spoken or written
words are to be tracked down, tapped, listened to, intercepted, and recorded

16


and, in the case of radio, electronic, or telephonic (whether wireless or
otherwise) communications, messages, conversations, discussions, or spoken
or written words, the electronic transmission systems or the telephone numbers
to be tracked down, tapped, listened to, intercepted, and recorded and their
locations or if the person OR PERSONS suspected of COMMITTING ANY OF
the crimeS DEFINED AND PENALIZED [of terrorism or conspiracy to commit
terrorism is] UNDER THE PROVISIONS OF THIS ACT ARE not fully known,
such person OR PERSONS shall be subject to continuous surveillance
provided there is a reasonable ground to do so; (b) the identity [(name, address,
and the police or law enforcement organization)] of the {police or of the] law
enforcement [official] AGENT OR MILITARY PERSONNEL, including the
individual identity {(names, addresses, and the police or law enforcement
organization)] of the members of his team, judicially authorized to [track down,
tap, listen to, intercept, and record the communications, messages,
conversations, discussions, or spoken or written words] UNDERTAKE
SURVEILLANCE ACTIVITIES; (c) the offense or offenses committed, or being
committed, or sought to be prevented; and, (d) the length of time within which
the authorization shall be used or carried out.

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

The authorizing division of the Court of Appeals OR THE REGIONAL
TRIAL COURT may extend or renew the said authorization [for] TO A [another]
non-extendible period, which shall not exceed thirty (30) days from the
expiration of the original period: Provided, That the [authorizing division of the
Court of Appeals} ISSUING COURT is satisfied that such extension or renewal
is in the public interest: and Provided, further, That the ex parte application for


extension or renewal, which must be filed by the original applicant, has been
duly authorized in writing by the Anti-Terrorism Council.

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

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

SECTION [11,] 19. Custody of intercepted and Recorded Communications. -
All tapes, discs, OTHER STORAGE DEVICES, [and] recordings, NOTES,
MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES THEREOF
[made pursuant to the authorization of the authorizing division of the]
OBTAINED UNDER THE JUDICIAL AUTHORIZATION GRANTED BY THE
Court of Appeals OR THE REGIONAL TRIAL COURT [, including all excerpts
and summaries thereat as well as all written notes or memoranda made in
connection therewith] shall, within forty-eight (48) hours after the expiration of
the period fixed in the written order [of the authorizing division of the Court of

18


Appeals or within forty-eight (48) hours after the expiration of any] OR THE
extension or renewal granted [by the authorizing division of the Court of
Appeals} THEREAFTER, be deposited with the [authorizing Division of the
Court of Appeals] ISSUING COURT in a sealed envelope or sealed package.
as the case may be, and shall be accompanied by a joint affidavit of the
applicant [police or] law enforcement OR MILITARY official and the members
of his team. THE JOINT AFFIDAVIT SHALL PROVIDE THE CHAIN OF
CUSTODY OR THE LIST OF PERSONS WHICH EXERCISED POSSESSION
OR CUSTODY OVER THE TAPES, DISCS AND RECORDINGS.

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

tt shall be unlawful for any person, [police officer] LAW ENFORCEMENT
OR MILITARY OFFICIAL or any custodian of the tapes, discs, OTHER
STORAGE DEVICES [and] recordingS, NOTES, MEMORANDA,
SUMMARIES, EXCERPTS AND ALL COPIES THEREOF [and their excerpts
and summaries, written notes or memoranda to copy in whatever form,] to
remove, delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever.

Any person who removes, deletes, expunges, incinerates, shreds or
destroys the items enumerated above shall suffer [a] THE penalty of
IMPRISONMENT RANGING FROM [not less than] six (6) years and one day
to twelve (12) years [of imprisonment]

SECTION [12] 20. Contents of Joint Affidavit. - The joint affidavit of the [police
or of the] law enforcement [official and the individual members of his team] OR
MILITARY PERSONNEL shall state: (a) the number of tapes, discs, and
recordings that have been made, [as well as the number of excerpts and
‘summaries thereof and the number of written notes and memoranda, if any,

19


made in connection therewith] ; (b) the dates and times covered by each of
such tapes, discs, and recordings; [(c) the number of tapes, discs, and
recordings, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda made in connection therewith that
have been included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the applicant to file the
‘ex parte application to conduct the tracking down, tapping, intercepting, and
recording, as well as the date of any extension or renewal of the original written
authority granted by the authorizing division of the Court of Appeals] AND (C}
THE CHAIN OF CUSTODY OR THE LIST OF PERSONS WHO HAD
POSSESSION OR CUSTODY OVER THE TAPES, DISCS AND
RECORDINGS

The joint affidavit shail also certify under oath that no duplicates or
copies of the whole or any part of any of such tapes, discs, OTHER STORAGE
DEVICES [and] recordings, NOTES, MEMORANDA, SUMMARIES,
EXCERPTS AND ALL COPIES THEREOF and that no duplicates or copies [of
the whole or any part of any of such excerpts, summaries, written notes, and
memoranda} THEREOF, have been made, or, if made, that all such duplicates
and copies are included in the sealed envelope or sealed package, as the case
may be, deposited with the authorizing division of the Court of Appeals OR
REGIONAL TRIAL COURT.

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

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

SECTION [13] 21. Disposition of Deposited Materials. - The sealed envelope
or sealed package and the contents thereof, REFERRED TO IN SECTION 19
OF THIS ACT, [which are deposited with the authorizing division of the Court

20


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

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

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

OPENING, REPLAYING, DISCLOSING, OR ITS BEING USED AS
EVIDENCE.

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

[SECTION 14. Application to Open Deposited Sealed Envelope or Sealed
Package. - The written application with notice to the party concerned to open
the deposited sealed envelope or sealed package shall clearly state the

21


purpose or reason: (a) for opening the sealed envelope or sealed package; (b)
for revealing or disclosing its classified contents; (c) for replaying, divulging, and
or reading any of the listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words (including
any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith); [ and, (d) for using any of said listened to,
intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the excerpts and
summaries thereof and any of the notes or memoranda made in connection
therewith) as evidence.

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

SECTION [15] 22. Evidentiary Value of Deposited Materials. - Any listened to,
intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or any
information or fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been secured in violation of
the pertinent provisions of this Act, shall absolutely not be admissible and
usable as evidence against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or hearing.

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

22


{In addition to the liability attaching to the offender for the commission of
any other offense, the penalty of ten (10) years and one day to twelve (12) years
of imprisonment and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon any police or law
enforcement personnel who maliciously obtained an authority from the Court of
Appeals to track down, tap, listen to, intercept, and record in whatever manner
or form any communication, message, conversation, discussion, or spoken or
written words of a person charged with or suspected of the crime of terrorism
‘or conspiracy to commit terrorism: Provided, That notwithstanding Section 13
of this Act, the party aggrieved by such authorization shall be allowed access
to the sealed envelope or sealed package and the contents thereof as evidence
for the prosecution of any police or law enforcement personnel who maliciously
procured said authorization.)

SECTION [17] 24. Proscription of Terrorist Organizations, Association, or
Group of Persons. - Any GROUP OF PERSONS, organization, OR association,
for group of persons organized for the purpose of engaging in terrorism, or]
which [, although not organized for that purpose, actually uses the acts to
terrorize mentioned in this Act or to sow and create a condition of widespread
and extraordinary fear and panic among the populace in order to coerce the
government to give in to an unlawful demand] COMMITS ANY OF THE ACTS.
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS ACT, OR
EXISTS FOR THE PURPOSE OF ENGAGING IN TERRORIST ACTS shall,
upon application of the Department of Justice before a competent Regional
Trial Court, with due notice and opportunity to be heard given to the GROUP
OF PERSONS, organization [,] OR association, [or group of persons
concemed], be declared as a terrorist and outlawed GROUP OF PERSONS,

corganization{,] OR association, [or group of persons] by the said Regional Trial
Court

THE APPLICATION SHALL BE FILED WITH AN URGENT PRAYER
FOR THE ISSUANCE OF A PRELIMINARY ORDER OF PROSCRIPTION. NO
APPLICATION FOR PROSCRIPTION SHALL BE FILED WITHOUT THE

23


AUTHORITY OF THE ANTI-TERRORISM COUNCIL UPON THE
RECOMMENDATION OF THE NATIONAL INTELLIGENCE COORDINATING
AGENCY (NICA).

SECTION 25. PRELIMINARY ORDER OF PROSCRIPTION. - WHERE
THE REGIONAL TRIAL COURT JUDGE HAS DETERMINED THAT
PROBABLE CAUSE EXISTS ON THE BASIS OF THE VERIFIED
APPLICATION WHICH IS SUFFICIENT IN FORM AND SUBSTANCE,
HE/SHE SHALL, WITHIN SEVENTY TWO (72) HOURS FROM THE FILING
OF THE APPLICATION, ISSUE A PRELIMINARY ORDER OF
PROSGRIPTION DECLARING THAT THE RESPONDENT IS A TERRORIST
AND AN OUTLAWED ORGANIZATION OR ASSOCIATION WITHIN THE
MEANING OF SECTION 24 OF THIS ACT.

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

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

SECTION 26. REQUEST TO PROSCRIBE FROM FOREIGN
JURISDICTIONS AND SUPRA-NATIONAL JURISDICTIONS. -
CONSISTENT WITH THE NATIONAL INTEREST, ALL REQUESTS FOR
PROSCRIPTION MADE BY ANOTHER JURISDICTION OR SUPRA-
NATIONAL JURISDICTION SHALL BE REFERRED BY THE DEPARTMENT
OF FOREIGN AFFAIRS TO THE ANTI-TERRORISM COMMISSION TO

24


DETERMINE, WITH THE ASSISTANCE OF THE NATIONAL INTELLIGENCE
COORDINATING AGENGY, IF PROSCRIPTION UNDER SECTION 24 OF
THIS ACT IS WARRANTED. IF THE REQUEST FOR PROSCRIPTION IS
GRANTED, THE COMMISSION SHALL CORRESPONDINGLY COMMENCE
PROSCRIPTION PROCEEDINGS THROUGH THE DEPARTMENT OF
JUSTICE.

SECTION [18] 27. [Period of] Detention Without Judicial Warrant of Arrest. ~
The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any [police or] law enforcement personnel OR DEPUTIZED
LAW ENFORCEMENT AGENCY OR MILITARY PERSONNEL, who, having
been duly authorized in writing by the Anti-Terrorism Council has taken custody
of a person charged with or suspected of COMMITTING ANY TERRORIST
ACTS [the crime of terrorism] or ANY ATTEMPT OR CONSPIRACY TO
COMMIT TERRORIST ACTS [the crime of conspiracy to commit terrorism
shall,] OR ANY MEMBER OF A GROUP OF PERSONS, ORGANIZATION OR
ASSOCIATION PROSCRIBED IN ACCORDANCE WITH SECTION 24
HEREOF SHALL, without incurring any criminal liability for detay in the delivery
of detained persons to the proper judicial authorities, deliver said charged or
suspected person to the proper judicial authority within a period of [three]
FOURTEEN (14) WORKING days counted from the moment the said charged
or suspected person has been apprehended or arrested, detained, and taken
into custody by the [said police, or] law enforcement PERSONNEL OR
DEPUTIZED LAW ENFORCEMENT AGENCY OR MILITARY personnel IF IT
IS ESTABLISHED THAT (1) FURTHER DETENTION OF THE PERSON/S IS.
NECESSARY TO PRESERVE EVIDENCE RELATED TO THE TERRORIST
ACT OR COMPLETE THE INVESTIGATION; (2) FURTHER DETENTION OF
THE PERSON/S IS NECESSARY TO PREVENT THE COMMISSION OF
ANOTHER TERRORIST ACT; AND (3) THE INVESTIGATION 1S BEING
CONDUCTED PROPERLY AND WITHOUT DELAY. [Provided, That the arrest
of those suspected of the crime of terrorism ar conspiracy to commit terrorism
must result from the surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act]

25


[The police or faw enforcement personnel concerned shall, before
detaining the person suspected of the crime of terrorism, present him or her
before any judge at the latter's residence or office nearest the place where the
arrest took place at any time of the day or night. It shall be the duty of the judge,
among other things, to ascertain the identity of the police or law enforcement
personnel and the person or persons they have arrested and presented before
him or her, to inquire of them the reasons why they have arrested the person
and determine by questioning and personal observation whether or not the
suspect has been subjected to any physical, moral or psychological torture by
whom and why. The judge shall then submit a written report of what he/she had
observed when the subject was brought before him to the proper court that has
jurisdiction over the case of the person thus arrested. The judge shall forthwith
submit his/her report within three calendar days from the time the suspect was
brought to his/her residence or office.]

Immediately after taking custody of a person charged with or suspected
of COMMITTING TERRORIST ACTS [the crime of terrorism or conspiracy to
commit terrorism] OR ANY MEMBER OF A GROUP OF PERSONS,
ORGANIZATION OR ASSOCIATION PROSCRIBED UNDER SECTION 24
HEREOF, the [police or] law enforcement personnel OR DEPUTIZED LAW
ENFORCEMENT AGENCY OR MILITARY PERSONNEL shall notify in writing
the judge of the court nearest the place of apprehension or arrest OF THE
FOLLOWING FACTS: [Provided, That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the written notice shall be
served at the residence of the judge nearest the place where the accused was
arrested] (A) THE TIME, DATE, AND MANNER OF ARREST; (8) THE
LOCATION OR LOCATIONS OF THE DETAINED SUSPECT/S AND (C) THE
PHYSICAL AND MENTAL CONDITION OF THE DETAINED SUSPECTIS.
THE LAW ENFORCEMENT PERSONNEL OR DEPUTIZED LAW
ENFORCEMENT AGENCY OR MILITARY PERSONNEL SHALL LIKEWISE
FURNISH THE ANTI-TERRORISM COUNCIL OF THE WRITTEN NOTICE
GIVEN TO THE JUDGE.

26


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

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

[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 days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission or
judge of the municipal, regional trial court, the Sandiganbayan or a justice of
the Court of Appeals nearest the place of the arrest. If the arrest is made during
Saturdays, Sundays, holidays or after office hours, the arresting police or law
enforcement personnel shall bring the person thus arrested to the residence of
any of the officials mentioned above that is nearest the place where the
accused was arrested. The approval in writing of any of the said officials shall
be secured by the police or law enforcement personnel concemed within five
days after the date of the detention of the persons concemed: Provided,
however, That within three days after the detention the suspects, whose
connection with the terror attack or threat is not established, shall be released
immediately.]

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

27


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

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

28


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

[SECTION 23. Requirement for an Official Custodial Logbook and its Contents.
- The police or other law enforcement custodial unit in whose care and control
the person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism has been placed under custodial arrest and
detention shall keep a securely and orderly maintained official logbook, which
is hereby declared as a public document and opened to and made available for
the inspection and scrutiny of the lawyer or lawyers of the person under custody
‘or any member of his or her family or relative by consanguinity or affinity within
the fourth civil degree or his or her physician at any time of the day or night
without any form of restriction. The logbook shall contain a clear and concise
record of: (a) the name, description, and address of the detained person; (b)
the date and exact time of his initial admission for custodia! arrest and
detention; (c) the name and address of the physician or physicians who
examined him physically and medically; (d) the state of his health and physical
condition at the time of his initial admission for custodial detention; (e) the date
and time of each removal of the detained person from his cell for interrogation
or for any purpose; (f) the date and time of his retum to his cell; (g) the name
and address of the physician or physicians who physically and medically
examined him after each interrogation; (h) a summary of the physical and
medical findings on the detained person after each of such interrogation; (i) the
names and addresses of his family members and nearest relatives, if any and
if available; ()) the names and addresses of persons, who visit the detained
person; (k) the date and time of each of such visits; (1) the date and time of
each request of the detained person to communicate and confer with his legal
counsel or counsels; (m) the date and time of each visit, and date and time of
each departure of his legal counsel or counsels; and, (n) all other important
events bearing on and all relevant details regarding the treatment of the
detained person while under custodial arrest and detention

29


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

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

SECTION [24] 30. No Torfure or Coercion in Investigation and Interrogation. —
[No threat, intimidation, or coercion, and no act which will inflict any form of
physical pain or torment, or mental, moral, or psychological pressure, on the
detained person, which shall vitiate his free will, shall be employed in his
investigation and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism; otherwise, the] THE USE OF TORTURE AND
OTHER GRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT, AS DEFINED IN SECTIONS 4 AND 5 OF REPUBLIC ACT
NO. 9745 OR THE “ANTI-TORTURE ACT OF 2008,” AT ANY TIME DURING
THE INVESTIGATION OR INTERROGATION OF A DETAINED SUSPECTED
TERRORIST IS ABSOLUTELY PROHIBITED. ANY evidence obtained from
said detained person resulting from such [threat, intimidation, or coercion, or
from such inflicted physical pain or torment, or mental, moral, or psychological
pressure] TREATMENT shall be, in its entirety, absolutely not admissible and
usable as evidence in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.

[SECTION 25. Penalty for Threat, Intimidation, Coercion, or Torture in the
Investigation and Interrogation of a Detained Person. - Any person or persons

30


who use threat, intimidation, or coercion, or who inflict physical pain or torment,
‘of mental, moral, or psychological pressure, which shall vitiate the free-will of a
charged or suspected person under investigation and interrogation for the crime
of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of twelve (12) years and one day to twenty
(20) years of imprisonment.

‘When death or serious permanent disability of said detained person occurs as
a consequence of the use of such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical pain or torment, or as a
consequence of the infliction on him of such mental, moral, or psychological
pressure, the penalty shall be twelve (12) years and one day to twenty (20)
years of imprisonment.]

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

In cases where evidence of guilt is not strong, and the person charged [with the
crime of terrorism or conspiracy to commit terrorism] is entitled to bail and is
granted the same, the court, upon application by the prosecutor, shail 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 ill, Section 6 of the Constitution. THE COURT
SHALL IMMEDIATELY FURNISH THE DEPARTMENT OF JUSTICE AND
THE BUREAU OF IMMIGRATION WITH THE COPY OF SAID ORDER. Travel
outside of said municipality or city, without the authorization of the court, shall

Hv


be deemed a violation of the terms and conditions of his bail, which shall be
forfeited as provided under the Rules of Court.

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

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

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

The restrictions above-mentioned shall be terminated upon the acquittal
of the accused or of the dismissal of the case filed against him or earlier upon
the discretion of the court on motion of the prosecutor or of the accused.

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

32


accounts, assets, and records from a bank or financial institution. The bank or
financial institution concemed, shall not refuse to allow such examination or to
provide the desired information, when so, ordered by and served with the
written order of the Court of Appeals.]

[SECTION 28. Application to Examine Bank Deposits, Accounts, and Records.
- The written order of the Court of Appeals authorizing the examination of bank
deposits, placements, trust accounts, assets, and records: (1) of a person
charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism; (2) of any judicially declared and outlawed terrorist organization,
association, or group of persons, or (3) of any member of such organization,
association, or group of persons in a bank or financial institution, and the
gathering of any relevant information about the same from said bank or financial
institution, shall only be granted by the authorizing division of the Court of
Appeals upon an ex parte application to that effect of a police or of a law
enforcement official who has been duly authorized in writing to file such ex parte
application by the Anti-Terrorism Council created in Section 53 of this Act to file
such ex parte application, and upon examination under oath or affirmation of
the applicant and, the witnesses he may produce to establish the facts that will
justify the need and urgency of examining and freezing the bank deposits,
placements, trust accounts, assets, and records: (1) of the person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of
a judicially declared and outlawed terrorist organization, association or group
of persons; or (3) of any member of such organization, association, or group of
persons.]

[SECTION 29. Classification and Contents of the Court Order Authorizing the
Examination of Bank Deposits, Accounts, and Records. - The written order
granted by the authorizing division of the Court of Appeals as well as its order,
if any, to extend or renew the same, the original ex parte application of the
applicant, including his ex parte application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council, shall be deemed and are
hereby declared as classified information: Provided, That the person whose
bank deposits, placements, trust accounts, assets, and records have been

33


examined, frozen, sequestered and seized by taw enforcement authorities has
the right to be informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the legality of the
interference. The written order of the authorizing division of the Court of
Appeals designated to handle cases involving terrorism shall specify: (a) the
identity of the said: (1) person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) judicially declared and outlawed
terrorist organization, association, or group of persons; and (3) member of such
judicially declared and outlawed organization, association, or group of persons,
as the case may be. whose deposits, placements, trust accounts, assets, and
records are to be examined or the information to be gathered; (b) the identity of
the bank or financial institution where such deposits, placements, trust
accounts, assets, and records are held and maintained, (c) the identity of the
persons who will conduct the said examination and the gathering of the desired
information; and, (d) the length of time the authorization shall be carried out]

[SECTION 30. Effective Period of Court Authorization to Examine and Obtain
Information on Bank Deposits, Accounts, and Records. - The authorization
issued or granted by the authorizing division of the Court of Appeals to examine
or cause the examination of and to freeze bank deposits, placements, trust
accounts, assets, and records, or to gather information about the same, shall
be effective for the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of thirty (30)
days from the date of receipt of the written order of the authorizing division of
the Court of Appeals by the applicant police or law enforcement official.

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

4


In case of death of the original applicant or in case he is physically
disabled to file the application for extension or renewal, the one next in rank to
the original applicant among the members of the team named in the original
written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the
liability of the police or law enforcement personnel under Section 19 hereof, the
applicant police or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as provided in the
preceding paragraphs within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.

tfno case is filed within the thirty (30)-day period, the applicant police or
law enforcement official shall immediately notify in writing the person subject of
the bank examination and freezing of bank deposits, placements, trust
accounts, assets and records. The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon the applicant police
oF law enforcement official who fails to notify in writing the person subject of the
bank examination and freezing of bank deposits, placements, trust accounts,
assets and records.

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

[SECTION 31. Custody of Bank Data and Information Obtained after
Examination of Deposits, Placements, Trust Accounts, Assets and Records. -
Ailinformation, data, excerpts, summaries, notes, memoranda, working sheets,
reports, and other documents obtained from the examination of the bank
deposits, placements, trust accounts, assets and records of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of any such organization,
association, or group of persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of

35


the Court of Appeals or within forty-eight (48) hours after the expiration of the
extension or renewal granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing division of the Court of Appeals in a
sealed envelope or sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant police or law enforcement
official and the persons who actually conducted the examination of said bank
deposits, placements, trust accounts, assets and records,]

ISECTION 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the
identifying marks, numbers, or symbols of the deposits, placements, trust
accounts, assets, and records examined; (b) the identity and address of the
bank or financial institution where such deposits, placements, trust accounts,
assets, and records are held and maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and records discovered, examined, and
frozen; (d) the outstanding balances of each of such deposits, placements, trust
accounts, assets; (e) all information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, documents, records examined and
placed in the sealed envelope or sealed package deposited with the authorizing
division of the Court of Appeals: (f) the date of the original written authorization
granted by the Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the examination of the said bank deposits, placements,
trust accounts, assets and records, as well as the date of any extension or
renewal of the original written authorization granted by the authorizing division
of the Court of Appeals; and (g) that the items enumerated were all that were
found in the bank or financial institution examined at the time of the completion
of the examination.

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

36


it shall be unlawful for any person, police officer or custodian of the bank
data and information obtained after examination of deposits, placements, trust
accounts, assets and records to copy, to remove, delete, expunge, incinerate,
shred or destroy in any manner the items enumerated above in whole or in part
under any pretext whatsoever.

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

[SECTION 33. Disposition of Bank Materials. - The sealed envelope or sealed
package and the contents thereof, which are deposited with the authorizing
division of the Court of Appeals, shall be deemed and are hereby declared
classified information, and the sealed envelope or sealed package shall not be
opened and its contents shall not be divulged, revealed, read, or used as
evidence unless authorized in a written order of the authorizing division of the
Court of Appeals, which written order shall be granted only upon a written
application of the Department of Justice filed before the authorizing division of
the Court of Appeals and only upon a showing that the Department of Justice
has been duly authorized in writing by the Anti-Terrorism Council to file the
application, with notice in writing to the party concemed not later than three
days before the scheduled opening, to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.

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

[SECTION 34. Application fo Open Deposited Bank Materials. - The written
application, with notice in writing to the party concemed not later than three
days of the scheduled opening, to open the sealed envelope or sealed package
shall clearly state the purpose and reason: (a) for opening the sealed envelope
or sealed package; (b) for revealing and disclosing its classified contents; and,

37


(c) for using the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence.)

[SECTION 35. Evidentiary Value of Deposited Bank Materials. - Any
information, data, excerpts, summaries, notes, memoranda, work sheets,
reports, or documents acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a person charged or
suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of such organization,
association, or group of persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing]

SECTION 32. BANK INQUIRY AND EXAMINATION. - UPON ORDER OF
THE COURT DECLARING AN ORGANIZATION, ASSOCIATION, OR
GROUP OF PERSONS, AS TERRORISTS OR AN OUTLAWED
ORGANIZATION OR ASSOCIATION IN ACCORDANCE WITH SECTION 24
HEREOF, OR IF A VALID JUDICIAL AUTHORIZATION IS AVAILABLE
AGAINST SUCH ORGANIZATION, ASSOCIATION OR GROUP OF
PERSONS, LAW ENFORCEMENT OFFICERS OR MILITARY PERSONNEL,
THRU THE ANTI MONEY LAUNDERING COUNCIL, MAY CONDUCT AN
INQUIRY AND EXAMINATION INTO THE BANK ACCOUNTS AND
INVESTMENTS OF SUCH ORGANIZATION, ASSOCIATION, GROUP OF
PERSONS, OR INDIVIDUAL. SUCH INQUIRY AND EXAMINATION SHALL
BE IN ACCORDANCE WITH REPUBLIC ACT NO. 9160, OTHERWISE
KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001, AS
AMENDED” IN RELATION TO REPUBLIC ACT 10168, OTHERWISE
KNOWN AS “TERRORISM FINANCING PREVENTION AND SUPPRESSION
ACT OF 2012”. ANY PERSON, LAW ENFORCEMENT OR MILITARY
PERSONNEL WHO EXAMINES THE DEPOSITS, PLACEMENTS, TRUST
ACCOUNTS, ASSETS, OR RECORDS IN A BANK OR FINANCIAL
INSTITUTION IN CONTRAVENTION OF THE PREVIOUS PARAGRAPH

38


SHALL SUFFER THE PENALTY OF IMPRISONMENT RANGING FORM TEN
(10) YEARS AND ONE DAY TO TWELVE (12) YEARS.

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

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

SECTION [37] 33. Penalty of Bank Officials and Employees Defying a Court
Authorization. - An employee, official, or a member of the board of directors of
bank or financial institution, who refuses to allow the examination of the
deposits, placements, trust accounts, assets, and records [of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy

39


to commit terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of such judicially declared
and outlawed organization, association, or group of persons in said bank or
financial institution, when duly served with the written order of the authorizing
division of the Court of Appeals, shall be guilty of an offense and} OF A
TERRORIST OR OUTLAWED ORGANIZATION, ASSOCIATION, GROUP OF
PERSONS, OR INDIVIDUALS, IN ACCORDANCE WITH SECTION 34
HEREOF, shall suffer the penalty IMPRISONMENT RANGING FROM fof] ten
(10) years and one day to twelve (12) years fof imprisonment].

ISECTION 38. Penalty for False or Untruthfiul Statement or Misrepresentation
of Material Fact in Joint Affidavits. - Any false or untruthful statement or
misrepresentation of material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act shall constitute a criminal offense and the
affiants shall suffer individually the penalty of ten (10) years and one day to
twelve (12) years of imprisonment}

[SECTION 38. Seizure and Sequestration. - The deposits and their outstanding
balances, placements, trust accounts, assets, and records in any bank or
financial institution, moneys, businesses, transportation and communication
equipment, supplies and other implements, and property of whatever kind and
nature belonging: (1) to any person suspected of or charged before a
competent Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) to a judicially declared and outlawed
‘organization, association, or group of persons; or (3) to a member of such
organization, association, or group of persons shall be seized, sequestered,
and frozen in order to prevent their use, transfer, or conveyance for purposes
that are inimical to the safety and security of the people or injurious to the
interest of the State.

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

40


sequestration or frozen because of his/her indictment as a terrorist upon
permission of the court for any legitimate reason.

‘Any person who unjustifiably refuses to follow the order of the proper
division of the Court of Appeals to allow the person accused of the crime of
terrorism or of the crime of conspiracy to commit terrorism to withdraw such
‘sums from sequestered or frozen deposits, placements, trust accounts, assets
and records as may be necessary for the regular sustenance of his/her family
or to use any of his/her property that has been seized, sequestered or frozen
for legitimate purposes while his/her case is pending shall suffer the penalty of
ten (10) years and one day to twelve (12) years of imprisonment]

[SECTION 40. Nature of Seized. Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. - The seized, sequestered
and frozen bank deposits, placements, trust accounts, assets and records
belonging to @ person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism shall be deemed as property held in trust by the
bank or financial institution for such person and the government during the
pendency of the investigation of the person suspected of or during the
pendency of the trial of the person charged with any of the said crimes, as the
case may be and their use or disposition while the case is pending shall be
subject to the approval of the court before which the case or cases are pending ]

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

a


institution concerned without any further action on his part. The filing of any
appeal on motion for reconsideration shall not state the release of said funds
from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or conspiracy to commit
terrorism is convicted by a final judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and
records shall be automatically forfeited in favor of the government.

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

[SECTION 42. Penaity for Unjustified Refusal to Restore or Delay in Restoring
Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Records. - Any person who unjustifiably refuses to restore or delays
the restoration of seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records of a person suspected of or charged with
the crime of terrorism or conspiracy to commit terrorism after such suspected
person has been found innocent by the investigating body or after the case
against such charged person has been dismissed or after he is acquitted by a
competent court shall suffer the penalty of ten (10) years and one day to twelve
(12) years of imprisonment}

ISECTION 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized,
Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets
and Records. - Any person who is responsible for the loss, misuse, diversion,
or dissipation of the whole or any part of the seized, sequestered and frozen
bank deposits, placements, trust accounts, assets and records of a person
suspected of or charged with the crime of terrorism or conspiracy to commit

42


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

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

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

SECTION [48] 38. Penalty for Unauthorized Revelation of Classified Materials.
- The penalty of [ten (10) years and one day to twelve (12) years of
imprisonment] IMPRISONMENT RANGING FROM SIX (6) MONTHS AND
ONE (1) DAY TO SIX (6) YEARS shall be imposed upon any person, [police
or] law enforcement agent OR DEPUTIZED LAW ENFORCEMENT AGENCY,
OR MILITARY PERSONNEL, judicial officer or civil servant who, not being
authorized by the Court of Appeals OR REGIONAL TRIAL COURT to do so,
reveals in any manner or form any classified information under this Act. THE
PENALTY IMPOSED HEREIN IS WITHOUT PREJUDICE AND IN ADDITION
TO ANY CORRESPONDING ADMINISTRATIVE LIABILITY THE OFFENDER
MAY HAVE INCURRED FOR SUCH ACTS.

SECTION [47] 36. Penalty for Fumishing False Evidence, Forged Document,
or Spurious Evidence. - The penalty of IMPRISONMENT RANGING FROM

43


twelve (12) years and one day to twenty (20) years [of imprisonment] shall be
imposed upon any person who knowingly furnishes false testimony, forged
document or spurious evidence in any investigation or hearing under this Act.

SECTION [48] 37. Continuous Trial. - In cases [of terrorism or conspiracy to
commit terrorism} INVOLVING CRIMES DEFINED AND PENALIZED UNDER
THE PROVISIONS OF THIS ACT, the judge CONCERNED shall set the case
for continuous trial on a daily basis from Monday to Friday or other short-term
trial calendar [s0 as] to ensure COMPLIANCE WITH THE ACCUSED’S RIGHT
TO speedy trial.

[SECTION 49. Prosecution Under This Act Shall be a Bar to Another
Prosecution under the Revised Penal Code or any Special Penal Laws. - When
a person has been prosecuted under a provision of this Act, upon a valid
complaint or information or other formal charge sufficient in form and substance
to sustain a conviction and after the accused had pleaded to the charge, the
acquittal of the accused or the dismissal of the case shall be a bar to another
prosecution for any offense or felony which is necessarily included in the
offense charged under this Act]

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

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

4


Any officer, employee, personnel, or person who delays the release or
refuses to release the amounts awarded to the individual acquitted of the crime
of terrorism as directed in the paragraph immediately preceding shall suffer the
penalty of six months of imprisonment.

if the deductions are less than the amounts due to the detained persons,
the amount needed to complete the compensation shall be taken from the
current appropriations for intelligence, emergency, social or other funds of the
Office of the President.

In the event that the amount cannot be covered by the current budget of
the police or law enforcement agency concemed, the amount shall be
automatically included in the appropriations of the said agency for the coming
year]

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

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

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

{SECTION 52. Applicability of the Revised Penal Cade. - The provisions of
Book | of the Revised Penal Code shall be applicable to this Act.]

45


SECTION [53] 38. Anti-Terrorism Council. - An Anti-Terrorism Council,
hereinafter referred to, for brevity, as the “Council” is hereby created. The
members of the Council are: (1) the Executive Secretary, who shall be its
Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson,
and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense;
{5) the Secretary of the Interior and Local Government; (6) the Secretary of
Finance; [and] (7) the National Security Advisor[,]; (8) THE SECRETARY OF
INFORMATION AND COMMUNICATIONS TECHNOLOGY; (9) THE
SECRETARY OF SCIENCE AND TECHNOLOGY; (10) THE SECRETARY OF
TRANSPORTATION; (11) THE SECRETARY OF LABOR AND
EMPLOYMENT AND (12) THE SECRETARY OF EDUCATION, (13)
SECRETARY OF SOCIAL WELFARE AND DEVELOPMENT, (14)
PRESIDENTIAL ADVISER FOR PEACE, REUNIFICATION AND UNITY
(PARU, FORMERLY PAPP), AND (15) REPRESENTATIVE FROM THE
BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO
(BARMWM) 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
Couneil may, in its judgment and discretion, decide to adopt to safeguard the
safety of the people, the security of the Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat
of the Council. The Council shall define the powers, duties, and functions of
the National Intelligence Coordinating Agency as Secretariat of the Council.
The ANTI-TERRORISM COUNCIL-PROGRAM MANAGEMENT CENTER,
‘THE National Bureau of Investigation, the Bureau of Immigration, the Office of
Civil Defense, the Intelligence Service of the Armed Forces of the Philippines,
the Anti-Money Laundering Council, the Philippine Center on Transnational
Crime, and the Philippine National Police intelligence and investigative
‘elements shail serve as support agencies for the Council.

46


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

41. PREVENTING and COUNTERING VIOLENT EXTREMISM (PCVE)
PROGRAM WHICH SHALL IDENTIFY, INTEGRATE AND
SYNCHRONIZE ALL GOVERNMENT AND NON-GOVERNMENT
INITIATIVES AND RESOURCES TO DEVELOP A PCVE FOR THE
PREVENTION OF AND DISENGAGEMENT FROM VIOLENT
EXTREMISM, COUNTER-RADICALIZATION, DE-RADICALIZATION
AND PROVIDING AFTERCARE THEREOF;

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

3. LEGAL AFFAIRS PROGRAM WHICH SHALL FOCUS ON ALL
INITIATIVES REQUIRING LEGAL AND LEGISLATED ACTIONS AND

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OTHER MEASURES NECESSARY IN THE CAMPAIGN AGAINST
TERRORISM;

. TERRORISM FINANCING PROGRAM WHICH SHALL FOCUS ON

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

. INTERNATIONAL AFFAIRS PROGRAM WHICH SHALL ENSURE

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

Nothing herein shall be interpreted to empower the Anti-Terrorism Council to
exercise any judicial or quasi-judicial power or authority.

SECTION [54] 39. Functions of the Council. - In pursuit of its mandate in the
previous Section, the Council shall have the following functions with due regard
for the rights of the people as mandated by the Constitution and pertinent laws:

4

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

. 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:

Direct the speedy investigation and prosecution of all persons accused
or detained for the crime of terrorism or conspiracy to commit terrorism
and other offenses punishable under this Act, and monitor the progress
of their cases;

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

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

[5. Freeze the funds property, bank deposits, placements, trust accounts,
assets and records belonging to a person suspected of or charged with
the crime of terrorism or conspiracy to commit terrorism, pursuant to
Republic Act No. 9160, otherwise known as the Anti-Money Laundering
Act of 2001, as amended;]

6. ENLIST THE ASSISTANCE OF AND FILE THE APPROPRIATE
ACTION WITH THE ANTI-MONEY LAUNDERING COUNCIL TO
FREEZE AND FORFEIT THE FUNDS, BANK DEPOSITS,
PLACEMENTS, TRUST ACCOUNTS, ASSETS AND PROPERTY OF
WHATEVER KIND AND NATURE BELONGING (I) TO A PERSON
SUSPECTED OF OR CHARGED WITH ANY CRIME DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT, (II) BETWEEN
MEMBERS OF A JUDICIALLY DECLARED AND OUTLAWED
TERRORIST ORGANIZATION, ASSOCIATION AS PROVIDED IN
SECTION 24 OF THIS ACT; (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”; (IV) TO AN
INDIVIDUAL MEMBER OF SUCH DESIGNATED PERSONS, OR (V)
ANY ORGANIZATION, ASSOCIATION OR GROUP OF PERSONS
PROSCRIBED UNDER SECTION 24 HEREOF;

[6.] 7. Grant monetary rewards and other incentives to informers who give
vital information leading to the apprehension, arrest, detention,

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prosecution, and conviction of person or persons who are fiable for the
[crime of terrorism or conspiracy to commit terrorism] CRIMES
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS
ACT; PROVIDED, THAT, NO MONETARY REWARD SHALL BE
GRANTED TO INFORMANTS UNLESS THE ACCUSED’S
DEMURRER TO EVIDENCE HAS BEEN DENIED OR THE
PROSECUTION HAS RESTED ITS CASE WITHOUT SUCH
DEMURRER HAVING BEEN FILED;

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

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

410. 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;

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

[8.] 12. Request the Supreme Court to designate specific divisions of the
Court of Appeals [and] OR Regional Trial Courts [in Manila, Cebu City
and Cagayan de Oro City, as the case may be,] to handle all cases

50


involving the crimeS [of terrorism or conspiracy to commit terrorism]
DEFINED AND PENALIZED UNDER THE PROVISIONS OF THIS
ACT, and all matters incident to said crimes. [The Secretary of Justice
shall assign a team of prosecutors from: (a) Luzon to handle 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}

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

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

SECTION [58] 40. Role of the Commission on Human Rights. - The
Commission on Human Rights shall give the highest priority to the investigation
and prosecution of violations of civil and political rights of persons in relation to
the implementation of this Act; and for this purpose, the Commission shall have
the concurrent jurisdiction to prosecute public officials, law enforcers, and other
persons who may have violated the civil and political rights of persons
suspected of, or detained for the crime of terrorism or conspiracy to commit
terrorism.

[SECTION 56. Creation of @ Grievance Committee. - There is hereby created
@ Grievance Committee composed of the Ombudsman, as chair, and the
Solicitor General, and an undersecretary from the Department of Justice (D0),
as members, to receive and evaluate complaints against the actuations of the
police and law enforcement officials in the implementation of this Act. The
Committee shall hold office in Manila.

SI


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

SECTION [57] 41. Ban on Extraordinary Rendition. - No person suspected or
convicted of [the crime of terrorism] ANY OF THE CRIMES DEFINED AND
PENALIZED UNDER THE PROVISIONS OF THIS ACT shail be subjected to
extraordinary rendition to any country unless his or her testimony is needed for
terrorist related police investigations or judicial trials in the said country and
unless his or her human rights, including the right against torture, and right to
counsel, are officially assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.

SECTION [58] 42. Extra-Territorial Application of this Act. - Subject to the
provision of an existing treaty of which the Philippines is a signatory and to any
contrary provision of any law of preferential application, the provisions of this
Act shall apply: (1) to individual persons who commit any of the crimes defined
and punished in this Act within the terrestrial domain, interior waters, maritime
zone, and airspace of the Philippines; (2) to individual persons who, although
physically outside the territorial limits of the Philippines, commit, conspire or
plot to commit any of the crimes defined and punished in this Act inside the
territorial limits of the Philippines; (3) to individual persons who, although

52


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

SECTION [59} 43. Joint Oversight Committee. — [There is hereby created a
Joint Oversight Committee to oversee the implementation of this Act.

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

The Chair of the Committee shall rotate every six months with the Senate
chairing it for the first six months and the House for the next six months. In

every case, the ranking opposition or minority member of the Committee shall
be the Vice Chair.

Upon the expiration of one year after this Act is approved by the
President, the Committee shall review the Act particularly the provisions that
authorize the surveillance of suspects of or persons charged with the crime of
terrorism. To that end, the Committee shall summon the police and law
enforcement officers and the members of the Anti-Terrorism Council and
tequire 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

33


~,

crime of terrorism have been dealt with in their custody and from the date when
the movements of the latter were subjected to surveillance and his or her
correspondences, messages, conversations and the like were listened to or
‘subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall
render a semi-annual report to both Houses of Congress. The report may
include where necessary a recommendation to reassess the effects of
globalization on terrorist activities on the people, provide a sunset clause to or
amend any portion of the Act or to repeal the Act in its entirety.

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

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

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

54


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

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

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

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

SECTION 47. APPROPRIATIONS. - THE AMOUNT OF FIVE HUNDRED
MILLION PESOS (PHP 600,000,000.00) 1S HEREBY APPROPRIATED TO

5S


ve |

THE COUNCIL AS AN INITIAL FUND, FOR THE EFFECTIVE AND
IMMEDIATE IMPLEMENTATION OF THIS ACT. THEREAFTER, SUCH
SUMS AS MAY BE NECESSARY FOR THE CONTINUED
IMPLEMENTATION OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL
GENERAL APPROPRIATIONS ACT.

SECTION 48. IMPLEMENTING RULES AND REGULATIONS. - THE ANTI-
TERRORISM COUNCIL AND DOJ, WITH THE ACTIVE PARTICIPATION OF
POLICE AND MILITARY INSTITUTIONS, SHALL PROMULGATE THE
RULES AND REGULATIONS FOR THE EFFECTIVE IMPLEMENTATION OF
THIS ACT WITHIN NINETY (90) DAYS AFTER ITS EFFECTIVITY. THEY
SHALL ALSO ENSURE THE FULL DISSEMINATION OF SUCH RULES AND
REGULATIONS TO BOTH HOUSES OF CONGRESS, AND ALL OFFICERS
AND MEMBERS OF VARIOUS LAW ENFORCEMENT AGENCIES.

SECTION [60] 49, Separability Clause. - If for any reason any part or provision
of this Act is declared unconstitutional or invalid, the other parts or provisions
hereof which are not affected thereby shall remain and continue to be in full
force and effect.

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

SECTION [62] 51. [Special] Effectivity Clause. - [After the bill shall have been
signed into law by the President, the Act shall be published in three newspapers
of national circulation; three newspapers of local circulation, one each in llocos
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 shail be aired every day at primetime for seven days, moming,

56


at

noon and night over three national television and radio networks; three radio
and television networks, one each in Cebu, Tacloban and lloilo; 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
focal circulation and the announcements over local radio and television
networks shall be done in the dominant language of the community

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

Thereafter, the provisions of this Act shall be automatically suspended
one month before and two months after the holding of any election.)

THIS ACT SHALL TAKE EFFECT FIFTEEN (15) DAYS AFTER ITS
COMPLETE PUBLICATION IN THE OFFICIAL GAZETTE OR IN AT LEAST
TWO (2) NEWSPAPERS OF GENERAL CIRCULATION.

Approved,

37