SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of ((!ee>,rTri3ri
'16 
SEP 13 P4.-30
SENATE
S.B. No. 
1 1 ^ 4
RKf’ 1
- Y:-vD
Introduced by Senator Richard “ Dick” J. Gordon
AN ACT DECLARING A NATIONAL EMERGENCY AGAINST DRUGS AND 
TERRORISM, ESTABLISHING A NATIONAL POLICY TO AUTHORIZE THE 
PRESIDENT, IN ACCORDANCE WITH THE CONSTITUTION, TO EXERCISE 
NECESSARY AND PROPER POWERS TO ADDRESS SUCH EMERGENCY
EXPLANATORY NOTE
The Philippines is currently suffering from a national emergency, involving 
drugs, terrorism, and lawlessness, which threatens the very life of the nation and our 
people.
Recent statistics show that the nationwide drug proliferation rate is 27% with 
3.7 million illegal drug users in the country while the affected youth comprise 1% of 
the total population. Ninety-four percent of all barangays in Metro Manila have been 
drug infiltrated. 
Nationwide illegal drugs pandemic rate1 is 27% or 11,321 out of 
42,036 barangays.2 
In addition, the Philippines has the highest abuse rate for 
methamphetamine hydrocholoride, or shabu, in East Asia, according to the 2011 
United Nations World Drug Report.3 The statistics are alarming.
The emergency continues as there are 1,466 killed drug personalities in police 
operations which were reported by the Philippine National Police, while 1,490 vigilante 
killings were recorded, for a total of close to 3,000 killings in just some 70 days since 
the assumption of office of the present administration. The government program 
“Tokhang” has created widespread fear among the general public and resulted in the 
surrender of some 700,000 drug pushers and/or users, thus creating problems such 
as lack of detention and drug rehabilitation centers.
Meanwhile, terrorism is a crime under the Human Security Act of 2007 and 
describes such act as causing “widespread and extraordinary fear and panic among 
the populace". The Human Rights Watch reported that there were 38 major bombings 
on civilians that resulted to 402 killed and 32 injured individuals from 2000 to 2007.4 A 
total of at least 40 killed and 246 injured civilians had been reported from the major 
bombings from 2009 to the present.5
Terrorist incidents have escalated in the country as the most recent bombing 
in Davao took place on 2 September 2016 with a total of 14 people dead and 71 
injured. At least five countries have issued travel warnings to their citizens in the
1 “Affectation rate” was the term used by the PNP in its presentation before the Senate Committee on 
Justice.
2 Philippine Drug Enforcement Agency, PNP Presentation before the Senate Committee on Justice and 
Human Rights, August 23, 2016.
3 Jerry Esplanada, UN Drug Report: Philippines has highest rate of shabu in East Asia, 27 March 2012, 
hjlp://iicwsinfu.iiu|U]rei.ncl/16j<J43/uii-djiig-icport-pliilippiiics-lias-liiL’lie.st-rale-nr-sli:ihii-ii>;p-in-,^«>;i-.wi!i 
<last accessed on 10 September 2016>.
4 Human Rights Watch, Philippines Lives Destroyed, 2007,
Imps://WWW.hrw.org/repurts/2007/pliilippiiie.s0707'philippines lives destroyed.pdf. <last accessed 10 
September 2016>.
5 Ibid.


Philippines following the deadly Davao night market explosion, namely: Australia 
United States, United Kingdom, Canada and Singapore.
On September 4, 2016, the President issued Proclamation No. 55, entitled 
Declaring a State of National Emergency on Account of Lawless Violence in 
Mindanao. 
However, it must be underscored that the existence of a national 
emergency needs to be officially declared by Congress alongside a national policy to 
allow the President to effectively take the necessary and proper measures required 
by the exigencies of the situation, but for a limited period only, and subject to 
restrictions prescribed by Congress.
■Riding in tandem’ motorcyclist committed over 3,000 crimes in Metro Manila 
in 2013. Vigilante killings numbers to 1,490. Lawlessness abound.
Detention is better than killings, because life is precious. But drug lords and 
terrorists must go to jail and be penalized to serve the ends of Justice and protect the 
people from lawless elements. On the other hand, government state actors like the 
police or military who are called out to enforce the emergency powers will be 
administratively charged and prosecuted if they abuse their authority and commit 
human rights abuses. A system of checks and balances shall be in place, inviting 
the participation of all branches of government.
This bill seeks to protect civil liberties and promote checks and balances, 
under Article VI, Section 23 (2) of the Constitution, while ensuring the apprehension 
of big-time drug lords and terrorists toprotect our people from lawless elements 
which have crippled the country. To address the national emergency, the principle 
of salus populi est suprema lex (The welfare of the people is the supreme law Jis 
invoked. 6
nCK” J. GORDON
Senator
6Julhane Love De Jesus, Inquirer.net, January 28, 2014, < http://newsinfo.inquirer.net/570697/riding-in-
landem-inotorcyclists-connnitted-over-3000-criines-in-metro-manila-in-2013-police>,


^■.A:r 
of th e^ S rr: pl.iru
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
SEVENTEENTH CONGRESS OF THE 
)
REPUBLICOF THE PHILIPPINES 
)
First Regular Session 
)
*16 
SEP 13 
P4:30
SENATE 
SB. No.
Introduced by Senator Richard “ Dick” J. Gordon
AN ACT DECLARING A NATIONAL EMERGENCY AGAINST ILLEGAL DRUGS AND 
TERRORISM AND ESTABLISHING A NATIONAL POLICY TO AUTHORIZE THE 
PRESIDENT, IN ACCORDANCE WITH THE CONSTITUTION, TO EXERCISE 
NECESSARY AND PROPER POWERS TO ADDRESS SUCH EMERGENCY
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
s e c t io n  1. Short Title.— This Act shall be known as the“National Emergency 
Against Drugs and Terrorism Act of 2016.”
Sec. 2. Declaration of a National Emergency. -  The prime duty of the 
government is to serve and protect the people. Given past and recent eventsinvolving 
illegal drugs and terrorism besieging the nation, a national emergency only against 
illegal drugs and terrorism is hereby declared to address such emergency.
Sec. 3. Declaration of a National Policy. — The State values the dignity of every 
human person and guarantees full respect for human rights. Due to and by reason 
thereof, it is hereby declared a national policy to authorize the President, in accordance 
with the Constitution, to exercise necessary and proper powers for a limited period only 
and subject to restrictions prescribed by this Act toeffectively address the declared 
national emergency againstillegal drugs and terrorism in this Act.
Sec. 4. Authorized Powers. -  Pursuant to Article VI, Section 23 (2) of the 
Constitution, and to implement the declared national policy, the President is hereby 
authorized to exercise the following powers for a limited period only and subject to 
restrictions prescribed by this Act;
a) 
To fortify law enforcement agencies of the government and for this 
purpose, to train law enforcement personnel, reorganize, abolish or create offices; split 
group, or merge positions; transfer functions, equipment, properties, records and 
personnel; institute cost-cutting measures; and take such other related actions; 
provided, that this shall not result in the diminution of the present salaries and benefits 
of the personnel of these agencies;
b) 
To appoint special prosecutors from the National Prosecution Service, 
whose office will be open twenty-four (24) hours everyday, including Saturdays,


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Sundays, and holidays,to receive complaints, conduct preliminary investigation, and file 
information in cases involving illegal drugs and terrorism;
c) 
To appoint special defense counsels from the Public Attorney’s Office, 
whose office will be open twenty-four (24) hours everyday, including Saturdays, 
Sundays, and holidays,to advise, represent, and defend apprehended persons or the 
accused in cases involving illegal drugs and terrorism;
d) 
To issue hold-departure orders and orders limiting the right to travel of 
persons of interest in cases involving illegal drugs and terrorism for national security 
and public safety, consistent with Article III, Section 6 of the Constitution;
e) 
To inquire into or examine records, logbooks, and registers in cases 
involving illegal drugs and terrorism with any person, whether natural or juridical, without 
a court order, notwithstanding Republic Act No. 10173, otherwise known as the Data 
Privacy Act of 2012, or any law to the contrary;
f) 
To inquire into or examine deposits and investments in cases involving 
illegal drugs and terrorism with any banking institution or non-bank financial institution 
and their subsidiaries and affiliates without a court order, notwithstanding Republic Act 
No. 1405, otherwise known as the Law on Secrecy of Bank Deposits, as amended, or 
any law to the contrary;
g) 
To issue orders to freeze without delay property or funds that are in any 
way related to cases involving illegal drugs and terrorism during the pendency of such 
cases;
h) 
To issue orders to suspend the application of Republic Act No. 4200, 
otherwise known as the Anti-Wiretapping Law, in cases involving illegal drugs and 
terrorism for national security and public safety;
i) 
To transfer and separate terrorism and illegal drugs-related prisoners to 
appropriate prison or detention facilities for public safety;
j) 
To convert existing buildings and structures into appropriate prison or 
detention facilities;
k) 
To initiate the construction and building of separate and isolated maximum 
security prison or detention facilities for high risk terrorists and drug lords; and
l) 
To authorize alternative modes of procurement in procuring relevant 
infrastructure projects, goods, and consulting services, including but not limited to 
forensic laboratories, prison or detention facilities, andlaw enforcement tools, such as 
dash board cameras, police body cameras, and electronic bracelets; provided, that in all 
instances, the President shall promote economy and efficiency.
Sec. 5. Special Courts. — There shall be special courts to hear cases involving 
illegal drugs and terrorism in every judicial region, the judges of whom and the issuance 
of processes shall be available twenty-four (24) hours everyday, including Saturdays,


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Sundays, and holidays.to conduct continuous and speedy trial not exceeding sixty (60) 
days with a decision to be made within ten (10) days from the case being submitted for 
decision.The special courts shall have jurisdiction over cases in Section 9 of this Act. 
The Supreme Court shall exercise supervision over these special courts to ensure 
compliance with this Section.
Sec. 6. Preliminary Attachment. -  In cases involving illegal drugs and terrorism, 
the provisional remedy of preliminary attachment shall automatically ensue to all 
properties directly or indirectly owned by the defendant as applicable to secure the 
satisfaction of any judgment in such cases.
Sec. 7. Confiscation and Escheat in Illegal Drugs. — All properties, including a 
den, dive, or resort, used in illegal drugs or where illegal drugs are intentionally sold or 
used, such as common carriers, clubs, restaurants, and other establishments,shall be 
confiscated and escheated in favor of the government.
Sec. 8. Official Logbook and Closed Circuit Television Data.—Law enforcement 
agencies in whose care and control persons of interest in cases involving illegal drugs 
and terrorism have been placed under custodial arrest and detention shall keep a 
securely and orderly maintained official logbook and Closed Circuit Television (CCTV) 
data. The official logbook and CCTV data are hereby declared as public documents and 
made available for inspection and scrutiny at any time of the day or night byrelatives 
within the fourth civil degree of consanguinity or affinity, priests or religious ministers, 
lawyers, and physicians of persons in interest under custody.
The official logbook and CCTV data shall contain a clear and concise record of 
(a) the name, description, and address of the detained person; (b) the date and exact 
time of his initial admission for custodial arrest and detention; (c) the name and address 
of the physician who examined him physically and medically; (d) the state of his health 
and his physical and mental 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 return to his cell; (g) the 
name and address of the physician who physically and medically examined him after 
each interrogation; (h) a summary of the physical and medical findings on the detained 
person after each interrogation; (i) the names and addresses of his family members and 
nearest relatives, if any and if available; (j) the names and addresses of persons who 
visit the detained person; (k) the date and time of each of such visits; (I) the date and 
time of each request of the detained person to communicate and confer with his legal 
counsel, (m) the date and time of each visit, and date and time of each departure of his 
legal counsel; 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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
A copy of the official logbook and CCTV data shall be biweekly submitted to 
Congressas provided under this Act.
Sec. 9.Prevention of Abuses.- Public officials, including law enforcement 
personnel, violating the law in implementing this Act and willfully failing to attend 
hearings shall be immediately put under preventive suspension during the national 
emergency and be disciplined in accordance with existing law.
Sec. 10. Curfew. -  During the national emergency, minors below eighteen (18) 
years old shall be required to have a curfew between 11 pm up to 4 am for their 
protection, except minors who are accompanied by a parent or guardian or adult relative 
within the fourth civil degreeof consanguinity or affinity.
Sec. 11. Writ of SalusPopuliEstSupremaLex. -  During the national emergency, 
upon probable cause of a clear and present dangerincluding but not limited to terrorism, 
any person possessing intelligence information vital to the protection of life and limbmay 
be ordered by the judge through a writ of saluspopuliestsupremalex to submit to the 
proper authoritiesfor investigation for as long as reasonably required in the interest of 
national security or public safety.
Sec. 12. Prohibition on the Issuance of an Injunction. -  No court, except the 
Supreme Court, may issue any temporary restraining order, preliminary injunction, or 
preliminary mandatory injunction against the implementation of this Act.
Sec. 13. Construction or Interpretation of the Powers. -  In the exercise of the 
powers provided herein, the State shall ensure that the rights enshrined in the 
Constitution, particularly the Bill of Rights, shall be observed. Nothing in this Act shall be 
construed or interpreted as a restriction of the Bill of Rights or the Constitution.
Sec. 14. Duration. -  The declared national emergency against terrorism and 
illegal drugs in this Act. including the powers granted to the President under this Act, 
shall subsist, be valid, and be effective for a period of one hundred eighty (180) days
only from the effectivity of this Act, unless sooner withdrawn by a joint resolution of 
Congress.
Sec. 15. Information and Education Campaign. -  The government, through the 
Department of Education and various local government units, in cooperation with the 
Parent Teacher Associations, shall inform and educate the public, particularly the youth, 
and provide them with properly trained teachers and guidance counselors in every 
school to teach and guide them about the dangers of illegal drugs and terrorism.
Sec. 16. Appropriation. — The amount needed for the implementation of this Act 
shall be charged against the current year’s appropriation.
Sec. 17. Oversight Committee. -  To monitor the implementation of this Act and 
the exercise of the powers granted hereunder, a Congressional Oversight Committee 
for the protection of the rights of the people during the national emergency is hereby


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16 
17
constituted composed of three (3) members each from the House of Representatives 
and the Senate. The Congressional Oversight Committee may invite interested parties 
to its oversight proceedings.
Sec. 18. Report to Congress. -  The President shall submit a biweekly report to 
Congress on the implementation of this Act. including a copy of the official logbook and 
a list of persons charged with or suspected of the crime of terrorism or illegal drugs- 
related crime.
Sec. 19. Repealing Clause. -  All laws,decrees, orders, rules and regulations or 
other issuances or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
Sec.20. Separability Clause. -  If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in force and effect.
Sec.21. Effectivity. -  This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines.
Approved,