r.a. 9372 human security's act

7/30/2019 R.a. 9372 Human Security's Act

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Begun and held in Metro Manila, on Monday, the nineteenth day ofFebruary, two thousand seven.

[ REPUBLIC ACTNO. 9372 IAN ACT TO SECURE THE STATE AND PROTECT OUR

PEOPLE FROM TERRORISMBe it enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled:

SECTION. Short Etle. - This Act shall henceforth beknown as the Human Security Act of 2007.SEC. . Declaration of Policy. - It is declared a policyof the State to protect life, liberty, and property from acts ofterrorism, t o condemn terrorism as inimical and dangerous tothe national security of the country and to the welfare of thepeople, and t o make terrorism a crime against the Filipinopeople, against humanity, and against the law of nations.


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2In the implementation of the policy stated above, theStat e sha ll uphold the basic rights and fundamental libertiesof-the people as enshrined in the Constitution. ,The State recognizes that the fight against terrorismrequires a comprehensive approach, comprising political,economic, diplomatic, military, and legal means duly takingi n t o account the root causes of terrorism withoutacknowledging these as justifications for terrorist andlorcriminal activities. Such measures shall include conflictmanagement and post-conflict peace-building, addressing theroots of conflict by building state capacity and promotingequitable economic development.Nothing in this Act shall be interpreted as a curtailment,restriction or diminution of constitutionally recognized powersof the executive branch of the government. It is t o beunderstood, however, that the exercise of the constitutionallyrecognized powers of the executive department of t hegovernment shall not prejudice respect for human rights whichshall be absolute and protected at all times.SEC. 3. Terrorjjsm. - Any person who commits an actpunishable under any of the following provisions of the RevisedPenal Code:a. Article 122 (Piracy in General and Mutiny in the

Article 134 (Rebellion o r Insurrection);Article 134-a (Coup d'Etat), including acts committed

High Seas or in the Philippine Waters):b.c.by private persons;d. Article 248 (Murder);e. Article 267 (Kidnapping and Serious IllegalDetention);f. Article 324 (Crimes Involving Destruction),

or under


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3PresidentialDecreeNo. 1613(The Law onilrson);Repubfic Act No. 6969 (Toxic Substances and

(1)(2). .Hazardous an d Nuclear Waste Control Act of 1990);(3) Republic Act No. 5207, (Atomic EnergyRegulatory and Liability Act of 1968);(4)(5)

Republic Act No. 6235 (Anti-Hijacking Law);Presidential Decree No. 532 (Anti-Piracy andAnti-Highway Robbery Law of 1974);and,

(6) Presidential Decree No. 1866, as amended(Decree Codifying the Laws on Illegal and UnlawfulPossession, Manufacture, Dealing in, Acquisition orDisposition of Firearms, Ammunitions or Explosives)thereby sowing and creating a condition of widespread andextraordinary fear and panic among the populace, in order tocoerce the government to give in to a n unlawful demand shallbe guilty of the crime of terrorism an d shall suffer the penaltyofforty (40)years ofimprisonment, withoutthe benefit ofparoleas provided fo r under Act No. 4103, otherwise known a s t heIndeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. Persons whoconspire to commit the crime of terrorism shall suffer thepenalty of forty (40) years of imprisonment.There is conspiracy when two or more persons come to

an agreement concerning the commission of the crime ofterrorism as defined in Section 3 hereof and decide to committhe same.SEC. 5. Accomplice. - Any person who, not being aprincipal under Article 17 of the Revised Penal Code or aconspirator a s defined in Section 4 hereof, cooperates in theexecution of either the crime of terrorism or conspiracy tocommit terrorism by previous or simultaneous acts shall suffer

the penalty of from seventeen (17) years, four months one dayto twenty (20) years of imprisonment.


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4S E C . 6. Accessory. - Any person who, having knowledgeof the commission of the crime of terrorism or conspiracy tocommit terrorism, and without having participated therein,either as principal or accomplice under Articles 17 and 18 ofthe Revised Penal Code, takes part subsequent to i tscommission in any of the following manner: (a) by profitinghimself or assisting the offender to profit by the effects of thecrime: (b) by concealing or destroying the body of the crime,or the effects, or instruments thereof, in order to prevent itsdiscovery; (c) by harboring, concealing, or assisting in theescape of the principal or conspirator of the crime, shall sufferthe penalty of ten (10) years and one day to twelve (12) years

of imprisonment.Notwithstanding the above paragraph, the penaltiesprescribed for accessories shall not be imposed upon those whoare such with respect to their spouses, ascendants, descendants,legitimate, natural, and adopted brothers and sisters, orrelatives by affinity within the same degrees, with the singleexception of accessories falling within the provisions ofsubparagraph (a).SE C. 7 . Surveillance o f Suspects and Interception andRecording of"Coinmzmications.- The provisions of RepublicAct No. 4200 (Anti-Wire Tapping Law) to the contrarynotwithstanding, a police or law enforcement official and themembers of his team may, upon a written order of the Courtof Appeals, listen to, intercept and record, with the use of anymode, form, kind or type of electronic or other surveillanceequipment or intercepting and tracking devices, or with the

use of any other suitable ways and meam for that purpose,any communication, message, conversation, discussion, orspoken or wri tten words between members of a judiciallydeclared and outlawed terrorist organization, association, orgroup of persons or of any person charged with or suspectedof the crime of terrorism or conspiracy to commit terrorism.Provided, That surveillance, interception and recordingof communications between lawyers and clients, doctors and

patients, journalists and their sources and confidential businesscorrespondence shall not be authorized.


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5SEC. 8. Formal Application for Judicial Authorization. -

I,, ,The,.y,ritt.ep;,,~~ .order of the authorizlng division of the Court ofAppeals'to track down, tap, listen' to, intercept, and recordcommunications, messages, conversations, discussions, orspoken or written words of any person suspected of the crimeof terrorism or the crime of conspiracy to commit terrorismshall only be granted by the authorizing division of the Courtof Appeals upon a n ex parte written application of a police orof a law enforcement official who has been duly authorized inwriting by the Anti-Terrorism Council created in Section 5 3of this Act to file such ex parte application, and uponexamination under oath or affirmation of the applicant andthe witnesses he may produce to establish: (a) that there isprobable cause to believe based on personal knowledge of factso r circumstances that the said crime of terrorism orconspiracy to commit terrorism has been committed, or isbeing committed, or is about to be committed; (b) that thereis probable cause to believe based on personal knowledge offacts or circumstances that evidence, which is essential to theconviction of any charged or suspected person for, or to thesolution or prevention of, any such crimes, will be obtained;and, (e) that there is no other effective means readily availablefor acquiring such evidence.

SEC. 9. Classification and Contents o f the Order of theCourt.- The written order granted by the authorizing divisionof the Court of Appeals as well as its order, if any, to extendor renew the same, the original application of the applicant,including his applica.tion to extend or renew, if any, and thewritten authorizations of the Anti-Terrorism Council shall bedeemed and are hereby declared as classified information:Provided, That the person being surveilled or whosecommunications, letters, papers, messages, conversations,discussions, spoken or written words and effects have beenmonitored, listened to, bugged or recorded by law enforcementauthorities has the right to be informed of the acts done bythe law enforcement authorities in the premises or tochallenge, if he or she intends to do so, the legality of theinterference before the Court of Appeals which issued thewritten order. The written order of the authorizing divisionof the Court of Appeals shall specify the following: (a) theidentity, such as name and address, if known, of the chargedor suspected person whose communications, messages,


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6conversations, discussions, or spoken or written words are tobe tracked down, tapped, listened to, intercepted, and recordedand, in the caee of radio, electronic, or telephonic (whetherwireless or otherwise) communications, messages, conversations,discussions, or spoken or written words, the electronictransmission systems or the telephone numbers to be trackeddown, tapped, listened to, intercepted, and recorded and theirlocations or if the person suspected of the crime of terrorismor conspiracy to commit terrorism is not fully known, suchperson shall be subject to continuous surveillance providedthere is a reasonable ground to do so; 0.) the identity (name,address, and the police or law enforcement organization) of thepolice or of the law enforcement official, including theindividual identity (names, addresses, and the police or lawenforcement organization) of the members of his team,judicially authorized to track down, tap, listen to, intercept,and record the communications, messages, conversations,discussions, 01 spoken or written words; (c) the offense oroffenses committed, or being committed, or sought to beprevented; and, (d) the length of time within which theauthorization shall be used or carried out.

SEC. 10. Effective Period ofJudicial Authoriza~oii.- Anyauthorization granted by the authorizing division of the Courtof Appeals, pursuant to Section 9(d) of this Act, shall only beeffective for the length of time specified in the written orderof the authorizing division of the Court of Appeals, which shallnot exceed a period of thirty (30) days from the date of receiptof the written order of the authorizing division of the Courtof Appeals by the applicant police or law enforcement official.The authorizing division of the Court of Appeals mayextend or renew the said authorization for another non-extendible period, which shall not exceed thirty (30) days fromthe expiration of the original period: Provided, That theauthorizing division of the Court of Appeals is satisfied thatsuch extension or renewal is in the public interest: andProvided, further, That the ex parte application for extensionor 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 heis physically disabled to file the application for extension or


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7renewal, the one next in rank to the original applicant amongthe members of the team named in the original written orderof the authorizing division of the Court of Appeals shall filethe application for extension or renewal: Provided, That,without prejudice to the liability of the police or lawenforcement personnel under Section 20 hereof, the applicantpolice or law enforcement official shall have thirty (30) daysafter the termination of the period granted by th e Court ofAppeals as provided in the preceding paragraphs within whichto file the appropriate case before the Public Prosecutors Officefor any violation of this Act.

If no case is filed within the thirty (30)-day period, theapplicant police or law enforcement official shall immediatelynotify the person subject of the surveillance, interception andrecording of the termination of the said surveillance,interception and recording. The penalty of ten (10) years andone day to twelve (12) years of imprisonment shall be imposedupon the applicant police or law enforcement official who fallsto notify the person subject of the surveillance, monitoring,interception and recording as specified above.

S E C . 11. Custody of In te rcepted a n d RecordedCommunications. - All tapes, discs, and recordings madepursuant to the authorization of the authorizing division of theCourt of Appeals, including all excerpts and summaries thereofas well as all written notes or memoranda made in connectiontherewith, shall, within forty-eight (48) hours after theexpiration of the period fixed in the written order of theauthorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of any extension orrenewal granted by the authorizing division of the Court ofAppeals, be deposited with the authoiizing Division of the Courtof Appeals in a sealed envelope or sealed package, as the casemay be, and shall be accompanied by a joint affidavit of theapplicant police or law enforcement official and the membersof his team.

In case of dea th of the applicant or in case he isphysically disabled to execute the required affidavit, the onenext in rank to the applicant among the members of the teamnamed in the written order of the authorizing division of the


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8Court of Appeals shall execute with the members of the teamthat required affidavit.

It shall he unlawful for any person, police officer or anycustodian of the tapes, discs and recording, and their excerptsand summaries, written notes or memoranda to copy inwhatever form, to remove, delete, expunge, incinerate, shredor destroy in any manner the items enumerated above inwhole or in part under any pretext whatsoever.Any person who removes, deletes, expunges, incinerates,shreds or destroys the items enumerated above shall suffer apenalty of not less th an six years and one day to twelve (12)years of imprisonment.SIX. 12. Contents o f h i n t Mfidavit,- The joint affidavitof the police or of the law enforcement official and theindividual members of his team shall state: (a) the numberof tapes, discs, and recordings that have been made, as wellas the number of excerpts and summaries thereof and thenumber of written notes and memoranda, if any, made inconnection therewith; (b) the dates and times covered by eachof such tapes, discs, and recordings; (c) the number of tapes,discs, and recordings, as well as the nuinber of excerpts andsummaries thereof and the number of written notes andmemoranda made in connection therewith that have beenincluded in the deposit; and (d) the date of the original writtenauthorization granted by the Anti-Terrorism Council to theapplicant to file the ex parte application to conduct thetracking down, tapping, intercepting, and recording, as wellas the date of any extension or renewal of the original writtenauthority granted by the authorizing division of the Court ofAppeals.The joint affidavit shall also certify under oath that noduplicates or copies of the whole or any part of any of suchtapes, discs, and recordings, and that no duplicates or copiesof the whole or any part of any of such excerpts, summaries,written notes, and memoranda, have been made, or, if made,

that all such duplicates and copies are included in the sealedenvelope or sealed package, as the case may be, deposited withthe authorizing division of the Court of Appeals.


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I t shall be unlawful for any person, police or law: enforcement, official to.omit or exclude from the joint affidavitany item or portion thereof mentioned in this Section.

Any person, police or law enforcement officer who violatesany of the acts proscribed in the preceding paragraph shallsuffer the penalty of not less than ten (10) years and one dayto twelve (12) years of imprisonment.

SEC. 13. Disposition o f Deposited Materials.- The sealedenvelope or sealed package and the contents thereof, which aredeposited with the authonzing 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 openedand its contents (including the tapes, discs, and recordings andall the excerpts and summaries thereof and the notes andmemoranda .mad e in connection therewith) shall not bedivulged, revealed, read, replayed, or used as evidence unlessauthorized by written order of the authorizing division of theCourt of Appeals, which written order shall be granted onlyupon a written application of the Department of Justice filedbefore the authorizing division of the Court of Appeals and onlyupon a showing that the Department of Justice has been dulyauthorized in writing by the Anti-Terrorism Council to file theapplication with proper written notice the person whoseconversation, communication, message discussion or spoken orwri tten words have been th e subject of surveillance,monitoring, recording and interception to open, reveal, divulge,and use the contelits of the sealed envelope or sealed pacJrageas evidence.

Any person, law enforcement official or judicial authoritywho violates his duty to notify in writing the persons subjectof the surveillance as defined above shall suffer the penaltyof six years and one day to eight years of imprisonment.SEC. 14. Application to Open Deposited Sealed Envelopeor Sealed Package. - The written application with notice tothe party concerned to open the deposited sealed envelope orsealed package shall clearly state the purpose or reason: (a)

for opening the sealed envelope or sealed package; (b) forrevealing or disclosing its classified contents; (e) for replaying,divulging, and or reading any of the listened to, intercepted,


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10and recorded communications, messages, conversations,discussions, or spoken or written words (including any of theexcerpts and summaries thereof and any of the notes ormemoranda made in connection therewith); and, (d) for usingan y of said lis tened to, inter cepted , an d recordedcommunications, messages, conversations, discussions, orspoken or written words (including any of the excerpts andsummaries thereof and any of the notes or memoranda madein connection therewith) as evidence.

Any person, law enforcement official or judicial authoritywho violates his duty to notify as defined above shall sufferthe penalty of six years and one day to eight years ofimprisonment.SEC. 15. Evidentiary Value of Deposited Materials. - Anylistened to, intercepted, and recorded communications,messages, conversations, discussions, or spoken or writtenwords, or any part or parts thereof, or any information or factcontained therein, including their existence, content, substance,purport, effect, or meaning, which have been secured inviolation of the pertinent provisions of this Act, shall absolutelynot be admissible and usable as evidence against anybody inany judicial, quasi-judicial, legislative, o r administrativeinvestigation, inquiry, proceeding, or hearing.SEC. 1 6 . Penalty for Unarrthorized or MaliciousInterceptions and/or Recoidings. - Any police or lawenforcement personnel who, not being authorized to do so bythe authorizing division of the Court of Appeals, tracks down,taps, listens to, intercepts, and records in whatever manneror form any communication, message, conversation, discussion,or spoken or written word of a person charged with orsuspected of the crime of terrorism or the crime of conspiracyto commit terrorism shall be guilty of an offense and shallsuffer the penalty of ten (10) years and one day to twelve (12)years of imprisonment.In addition to the liability attaching to the offender forthe commission of any other offense, the penalty of ten (10)years and one day to twelve (12) years of imprisonment andthe accessory penalty of perpetual absolute disqualification frompublic office shall be imposed upon any police or law


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I I

enforcement personnel who maliciously obtained a n authorityfrom the,Court of Appeals to track down, tap, listen to,intercept, and record in whatever iiianner or.form anycommunication, message, conversation, discussion, or spokenor written words of a person charged with or suspected of thecrime of terrorism or conspiracy to commit terronsm: Provided,That notwithstanding Section 1 3 of this Act, the partyaggrieved by such authorization shall be allowed access to thesealed envelope or sealed package and the contents thereof asevidence for the prosecution of any police or law enforcementpersonnel who maliciously procured said authorization.

S E C . 17. Proscription o f Terrorist Organiza tions,Associatioo, or Group o f Persons. - Any organization,association, o r group of persons organized for the purpose ofengaging in terrorism, or which, although not organized forthat purpose, actually uses the acts to terrorize mentioned inthis Act or to sow and create a condition of widespread andextraordinary fear and panic among the populace in order tocoerce the government to give in to an unlawful demand shall,upon application of the Department of Justice before acompetent Regional Trial Court, with due notice andopportunity to be heard given to the organization, association,or group of persons concerned, be declared as a terrorist andoutlawed organization, association, or group of persons by thesaid Regional Trial Court.

SEC. 18. Period o f Detention Without Judicial Warrantof Arest. The provisions of Article 125 of the Revised PenalCode to the contrary notwithstanding, any police or lawenforcement personnel, who, having been duly authorized inwriting by the Anti-Terrorism Council has taken custody ofa person charged w i t h or suspected of the crime of terrorismor the crime of conspiracy tc commit terrorism shall, withoutincurring any criminal liability for delay in the delivery ofdetained persons to the proper judicial authorities, deliver saidcharged or suspected person to the proper judicial authoritywithin a period of three days counted from the moment thesaid charged or suspected person has been apprehended orarrested, detained, and taken into custody by the said police,or law enforcement personnel: Provided, That the arrest ofthose suspected of the crime of terrorism or conspiracy t ocommit terrorism must result from the surveillance under


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12Section 7 and examination of bank deposits under Section 27of this Act.

The police or law enforcement personnel concerned shall,before detaining the person suspected of the crime of terrorism,present him or her before any judge at the latters residenceor office nearest the place where the arrest took place at anytime of the day or night. It shall be the duty of the judge,among other things, t o ascertain the identity of the police o rlaw enforcement personnel and the person or persons they havearrested and presented before him or her, t o inquire of themthe reasons why they have arrested the person and determineby questioning and personal observation whether o r not thesuspect has been subjected t o any physical, moral orpsychological torture by whom and why. The judge shall thensubmit a written report of what he/she had observed whenthe subject was brought before him to the proper court thathas jurisdiction over the case of the person thus arrested. Thejudge shall forthwith subinit hislher report within threecalendar days froin the time the suspect was brought t o his/her residence or office.Immediately after taking custody of a person chargedwi t h or suspected of the crime of terrorism or conspiracy toom in i t terrorism, the police or law enforcement personnelshall notify in writing the judge of the court nearest the placeof apprehension or arrest: Provided That where the arrest ismade during Saturdays, Sundays, holidays or after office hours,the written notice shall be seived at the residence of the judgenearest the place where the accused was arrested.The penalty of ten (10) years and one day to twelve (12)years of imprisonment shall be imposed upon the police or lawenforcement personnel who fails to not& any judge as providedin the preceding paragraph.SEC. 19. Period ofDetention in f i e Event of an Actualor Imminent Terrorist Attack. - In the event of an actual orimminent terrorist attack, suspects may not be detained formore than three days without the written approval of amunicipal, city, provincial or regional official of a HumanRights Commission o r judge of the municipal, regional trialcourt, the Sandiganbayan or a justice of the Court of Appeals


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1 3nearest the place of the arrest. If the arrest is made duringSaturdays, Sundays, holidays or after office hours, thearresting police or Iaw enforcement personnel shall bring theperson thus arrested to the residence of any of the officialsmentioned above that is nearest the place where the accusedwas arrested. The approval in writing of any of the saidofficials shall be secured by the police or law enforcementpersonnel concerned within five days after the date of thedetention of the persons concerned: Provided, however, Thatwithin three days after the detention the suspects, whoseconnection with the terror attack or threat is not established,shall be released immediately.

SEC. 20. Penalty for Failure to Deliver Suspect to theProper Judicial Authority within Three Days. - The penaltyof ten (10) years and one day to twelve (12) years ofimprisonment shall be imposed upon any police or lawenforcement personnel who has apprehended or arrested,detained and taken custody of a person charged with orsuspected of the crime of terrorism or conspiracy to committerrorism and fails to dehver such charged or suspected personto the proper judicial authority within the period of threedays.

SEC. 21. Rights of a Person under Custodial Detention.- The moment a person charged with or suspected of thecrime of terrorism or the crime of conspiracy to committerrorism is apprehended or arrested and detained, he shallforthwith be informed, by t he arr est ing police or lawenforcement officers or by the police or law enforcement officersto whose custody the person concerned is brought, of his orher right: (a) to be i~nformedof the nature and cause of hisa r res t , t o remain silent and to have competent andindependent counsel preferably of his choice. If the personcannot afford the services of counsel of his or her choice, thepolice or law enforcement officers concerned shall immediatelycontact the free legal assistance unit of the Integrated Bar ofthe Philippines (IBP) or the Public Attorney's Office (PAO).It shall be the duty of the free legal assistance unit of theIBP or the PAO' th~u s ontacted to immediately visit theperson(s) detained and provide him or her w i t h legalassistance. These rights cannot be waived except in writingand in the presence of the counsel of choice; (b) informed of


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14the cause or causes of his detention in the presence of hislegal counsel; (e) allowed t o communicate freely with his legalcounsel and t o confer with th em a t any time withoutrestriction; (d) allowed to communicate freely and privatelywithout restrictions with the members of his family or withhis nearest relatives and to be visited by them; and, (e) allowedfreely to avail of the service of a physician or physicians ofchoice.SEC. 22. Penalty for WoIation of the Rights of aDetainee. - Any police or law enforcement personnel, or anypersonnel of the police or other law enforcement custodial unitthat violates any of the aforesaid rights of a person chargedwith or suspected of the crime of terrorism or the crime ofconspiracy to commit terrorism shall be guilty of a n offenseand shall suffer the penalty of ten (10) years and one day totwelve (12) years of imprisonment.Unless the police or law enforcement personnel whoviolated the rights of a detainee or detainees as stated aboveis duly identified, the same penalty shall be imposed on thepolice officer or head or leader of the law enforcement unithaving custody of the detainee a t the time the violation wasdone.SEC. 3 . Requisenient for an OfficiaI Custodial Logbookand it5 Contents. - The police or other law enforcementcustodial unit in whose care and control the person chargedwith or suspected of the crime of terrorism or the crime ofconspiracy to commit terrorism has been placed undercustodial arrest and detention shall keep a securely and orderlymaintained official logbook, which is hereby declared as apublic document and opened to and made available for theinspection and scrutiny of the lawyer or lawyers of the personunder custody 01 any member of his or her family or relativeby consanguinity or affinity within the fourth civil degree orhis or her physician at any time of the day or night withoutany form of restriction. The logboolr shall contain a clear andconcise record of (a) the name, description, and address of thedetained person; (b) the date and exact time of his initialadmission for custodial arrest and detention; (e) the name andaddress of the physician or physicians who examined himphysically and medically; (d) the state of his health and


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1sphysical condition at the time of his initial admission for-custodial detention; (e) the date and time.of each removal ofthe detained person from his cell for interrogation or for anypurpose; (f) the date and time of his return to his cell; (g)the name and address of the physician o r physicians whophysically and medically examined him after each inteirogation;(h) a summary of the physical and medical findings on thedetained person after each of such interrogation; (i) the namesand addresses of his family members and nearest relatives,if any and if available; (i) the names and addresses of personswho visit the detained person; (k) the date and time of eachof such visits; (1) the date and time of each request of thedetained person to communicate and confer with his legalcounsel or counsels: (m) the date and time of each visit, anddate and time of each departure of his legal counsel orcounsels; and, (n) all other important events bearing on andall relevant details regarding the treatment of the detainedperson while under custodial arrest and detention.

The said police or law enforcement custodial unit shallupon demand of the aforementioned lawyer or lawyers ormembers of the family o r relatives within the fourth civildegree of consanguinity or affinity of the person under custodyor his or her physician issue a certified true copy of the entiiesof the logboolr relative to the concerned detained person withoutdelay or restriction or requiring any fees whatsoever includingdocumentary stamp tax, notarial fees, and the like. Thiscertified true copy may be attested by the person who hascustody of the logbook or who allowed the party concerned toscrutinize it at the time the demand for the certified true copyis made.

The police or other law enforcement custodial unit whofails to comply with the preceding paragraph to keep an officiallogbook shall suffer the penalty of ten (10) years and one dayto twelve (12) years of imprisonment.S E C . 24. No Torture or Coercion in Investigation andInterrogation. - No threat, intimidation, or coercion, and noact which will inflict any form of physical pain or torment,or mental, moral, or psychological pressure, on the detainedperson, which shall vitiate his free-will, shall be employed inhis investigation and interrogation for the crime of terrorism


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16or the crime of conspiracy to commit terrorism; otherwise, theevidence obtained from said detained person resulting fromsuch threat, intimidation, or coercion, or from such inflictedphysical pain or torment, or mental, moral, or psychologicalpressure, shall be, in its entirety, absolutely not admissibleand usable as evidence in any judicial, quasi-judicial,legislative, or administrative investigation, inquiry, proceeding,or hearing.

SEC. 25. Penalty hr Threat, Intimidation, Coercion, orTostuse in the Investigation and Zntesrogation of a DetainedPerson. - Any person or persons who use threat, intimidation,or coercion, or who inflict physical pain or torment, or mental,moral, or psychological pressure, which shall vitiate the free-will of a charged or suspected person under investigation andinterrogation for the crime of terrorism or the crime ofconspiracy to commit terrorism shall be guilty of an offenseand shall suffer the penalty of lwelve (12) years arid one dayto twenty (20) years of imprisonment.When dea th or ser ious permanent disability of saiddetained person occurs as a consequence of the use of such

threat, intimidation, or coercion, or as a consequence of theinfliction on him of such physical pain or torment, or as aconsequence of the infliction on him of such mental, moral,or psychological pressure, the penalty shall be twelve (12) yearsand one day to twenty (20) years of imprisonment.SEC. 26. R.s&iction on navel - In cases where evidenceof guilt is not strong, and the person charged with the crimeof terrorism or conspiracy to commit terrorism is entitled to

bail and is granted the same, the court, upon application bythe prosecutor, shall limit the right of travel of the accusedto within the municipality or city where he resides or wherethe case is pending, in the interest of national security andpublic safety, consistent with Article 111, Section 6 of theConstitution. Travel outside of said municipality or city,without the authorization of the court, shall be deemed aviolation of the terms and conditions of his bail, which shallthen be forfeited as provided under the Rules of Court.He/she may also be placed under house arrest by orderof the court at his or her usual place of residence.


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,While .under house. ar re st , h e or she may not usetelephones; cellphones, e-mails, computers, the internet or othermeans of communications with people outside the residenmuntil otherwise ordered by the court.

The restrictions abovementioned shall be terminated uponthe acquittal of the accused or of the dismissal of the casefiled against him or earlier upon the discretion of the courton motion of the prosecutor or of the accused.SEC. 21. Judicial Authorization Required to ExamineBank Deposits, Accounts, and Records. - The provisions of

Republic Act N o. 1405 as amended, to the contrarynotwithstanding, the justices of the Court of Appeals designatedas a special court to handle anti-terrorism cases after satisfyingthemselves of the existence of probable cause in a hearingcalled for that purpose that: (1) a person charged with orsuspected of the crime of terrorism or conspiracy to committerrorism, (2) of a judicially declared and outlawed terroristorganization, association, or group of persons; and (3) of amember of such judicially declared and outlawed organization,association, or group of persons, may authorize in writing anypolice or law enforcement officer and the members of hislherteam duly authorized in writing by the anti-terrorism councilto: (a) examine, or cause the examination of, the deposits,placements, trust accounts, assets and records in a bank orfinancial institution; and (b) gather or cause the gathering ofany relevant information about such deposits, placements, trustaccounts, assets, and records from a bank or financialinstitution. The bank or financial institution concerned shallnot refuse to allow such examination or to provide the deslredinformation, when so ordered by and served with the writtenorder of the Court of Appeals.

S E C . 28. Application to Examine Bank Deposits ,Accounts, and Records. - The written order of the Court ofAppeals authorizing the examination of bank deposits,placements, trust accounts, assets, and records: (1)of a personcharged with or suspected of the crime of terrorism orconspiracy to commit terrorism; (2) of any judicially declaredand outlawed terrorist organization, association, or group ofpersons, or (3) of any member of such organization, association,


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18or group of persons in a bank or financial institution, and thegathering of any relevant information about the same fromsaid bank or financial institution, shall only be granted bythe authorizing division of the Court of Appeals upon an exparte application t o that effect of a police or o f a lawenforcement official who has been duly authorized in writingto file such ex parte application by the Anti-Terrorism Councilcreated in Section 53 of this Act to file such e x parteapplication, and upon examination under oath or affirmationof the applicant and the witnesses he may produce to establishthe facts that will justify the need and urgency of examiningand freezing the bank deposits, placements, trust accounts,assets, and records: (1) of the person charged with or suspectedof 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 suchorganization, association, or group of persons.

SEC. 29. Classification and Contents of the Court OrderAuthorizing the Examination of Bank Deposits, Accounb, andRecords. - The written order granted by the authorizingdivision of the Court of Appeals as wel l as its order, if any,to extend or renew the same, the original ex parte applicationof the applicant, including his ex-parte application t o extendor renew, if any, and the written authorizations of the Anti-Terrorism Council, shall be deemed and are hereby declaredas classified information: Provided, That the person whosebank deposits, placements, trnst accounts, assets, and recordshave been examined, frozen, sequestered and seized by lawenforcement authorities has the right to be informed of theacts done by the law enforcement authorities in the premisesor t o challenge, if he or she intends t o do so, the legality ofthe interference. The written order of the authorizing divisionof the Court of Appeals designated t o handle cases involvingterrorism shall specify: (a) the identity of the said: (1)personcharged with o r suspected of the crime of terrorism orconspiracy t o commit terrorism; (2) judicially declared andoutlawed terrorist organization, association, or group of persons;and (3) member of such judicially declared and outlawedorganization, association, or group of persons, as the case maybe, whose deposits, placements, trust accounts, assets, andrecords are to be examined or the information t o be gathered;(b) the identity of the bank or financial institution where such


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19deposits, placements, trust accounts, assets, and records areheld and maintained; (c) the identity of the persons who willconduct the said examination and the gathering of the desiredinformation; and, (d) the length of time the authorization shallbe carried out.

SEC. 30. Effective Period of Court Authorization toExamine and Obtain Infomation on Bank Deposits, Accounts,and Records. - The authorization issued or granted by theauthorizing division of the Court of Appeals t o examine orcause the examination of a nd to freeze bank deposits,placements, trust accounts, assets, and records, or t o gatherinformation about the same, shall be effective for the lengthof time specified in the written order of the authorizingdivision of the Court of Appeals, which shall not exceed a periodof thirty (30) days from the date of receipt of the written orderof the authorizing division of the Court of Appeals by theapplicant police or law enforcement official.

The authorizing division of the Court of Appeals mayextend or i'enew the said authorization for another period,which shall not exceed thirty (30) days renewable to anotherthirty (30) days from the expiration of the original period:Provided, That the authorizing division of the Court of Appealsis satisfied that such extension or renewal is in the publicinterest: and, Provided, further, That the application forextension or renewal, which must be filed by the originalapplicant, has been duly authorized in writing by the Anti-Terrorisin Council.

In case of death of the original applicant or in case heis physically disabled t o file the application for extension orrenewal, the one next in rank t o the original applicant amongthe members of the team named in the original written orderof the authorizing division of the Court of Appeals shall filethe application for extension o r renewal: Provided, That,without prejudice to the liability of the police or lawenforcement personnel under Section 19 hereof, the applicantpolice or law enforcement official shall have thirty (30) daysafter the termination of the period granted by the Court ofAppeals as provided in the preceding paragraphs within whichto file the appropriate case before the Public Prosecutor's Officefor any violation of this Act.


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20If no case is filed within the thirty (30)-day period, theapplicant police or law enforcement official shall immediatelynotify in writing the person subject of the bank examinationand freezing of bank deposits, placements, trust accounts,assets and records. The penalty of ten (10) years and one dayto twelve (12) years of imprisonment shall be imposed uponthe applicant police or law enforcement official w ho fails t onotify in writing the person subject of the bank examinationand freezing of bank deposits, placements, trust accounts,assets and records.Any person, law enforcement official or judicial authoritywho violates his duty to notify in writing as defined aboveshall suffer the penalty of six years and one day t o eightyears of imprisonment.SEC. 31. Custody ofBank Data and Information Obtainedafie r Examination of Deposits, Placements, Trust Accounts,Assets and Records. - All information, data, excerpts,summaries, notes, memoranda, working sheets, reports, andother documents obtained from the examination of the bankdeposits, placements, trust accounts, assets and records of: (1)

a person charged with or suspected of the crime of terrorismor the crime of conspiracy to commit terrorism; (2) a judiciallydeclared and outlawed terrorist organization, association, orgroup 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 writtenorder of the authorizing division of the Court of Appeals orwithin forty-eight (48) hours after the expiration of theextension or renewal granted by the authorizing division of theCourt of Appeals, be deposited with the authorizing divisionof the Court of Appeals in a sealed envelope or sealed package,as the case may be, and shall be accompanied by a jointaffidavit of the applicant police or law enforcement official andthe persons who actually conducted the examination of saidbank deposits, placements, trust accounts, assets and records.

SEC. 32. Contents of Joint Affidavit. - The joint affidavitshall state: (a) the identifying marks, numbers, or symbols ofthe deposits, placements, trust accounts, assets, and recordsexamined; (b) the identity and address of the bank or financialinstitution where such deposits, placements, trust accounts,


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assets, and records are held and maintained; (e) the numberof bank deposits, placements, trust accounts, assets, andrecords discovered, examined, and frozen; (d) the outstandingbalances of each of such deposits, placements, trust accounts,assets; (e) all information, data, excerpts, summaries, notes,memoranda, working sheets, reports, documents, recordsexamined and placed in the sealed envelope or sealed packagedeposited with the authorizing division of the Court of Appeals:(0 the date of the original written authorization granted bythe Anti-Terrorism Council to the applicant to file the exparteapplication to conduct the examination of the said bankdeposits, placements, trust accounts, assets and records, aswell as the date of any extension or renewal of the originalwritten authorization granted by the authorizing division ofthe Court of Appeals; and (g) that the items enumerated wereall that were found in the bank or financial institutionexamined a t the time of the completion of the examination.The joint affidavit shall also certify under oath that noduplicates or copies of the information, data, excerpts,summaries, notes, memoranda, working sheets, reports, anddocuments acquired from the examination of the bank deposits,placements, trust accounts, assets and records have beenmade, o r , if made, that all such duplicates and copies areplaced in the sealed envelope or sealed package deposited withthe authorizing division of the Court of Appeals.It shall be'unlawful for any person, police officer o rcustodian of the bank data and information obtained afterexamination of deposits, placements, trust accounts, assets andrecords to copy, to remove, delete, expunge, incinerate, shredor destroy in any manner the items enumerated above inwhole or in part under any pretext whatsoever.Any person who copies, removes, deletes, expunges,incinerates, shreds or destroys the items enumerated aboveshall suffer a penalty of not less than six years and one dayto twelve (12) years of imprisonment.S E C . 33. Disposition of Bank Materials. - The sealedenvelope or sealed package and the contents thereof, which aredeposited with the authorizing division of the Court of Appeals,shall be deemed and are hereby declared classified information,


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22and the sealed envelope o r sealed package shall not be openedand its contents shall not he divulged, revealed, read, or usedas evidence unless authorized in a written order of theauthorizing division of the Court of Appeals, which writtenorder shall be granted only upon a written application of theDepartment of Justice filed before the authorizing division ofthe Court of Appeals and only upon a showing that theDepartment of Justice has been duly authorized in writing bythe Anti-Terrorism Council t o file the application, with noticein writing t o the par ty concerned not later than three daysbefore the scheduled opening, to open, reveal, divulge, and usethe contents of the sealed envelope or sealed package asevidence.

Any person, law enforcement official or judicial authoritywho violates his duty t o notify in writing as defined aboveshall suffer the penalty of six years and one day t o eightyears of imprisonment.SEC. 4. Application to Open Deposited Bank Materials.

- The written application, with notice in writing to the partyconcerned not later than three days of the scheduled opening,t o open the sealed envelope or sealed package shall clearlystate the purpose and reason: (a) for opening the sealedenvelope or sealed package; (b) for reveahng and disclosing itsclassified contents; and, (c) for using the classified information,data, excerpts, summaries, notes, memoranda, working sheets,reports, and documents as evidence. 'SEC. 5 . Evidentiary Value o f Deposited Bank Materials.

- Any information, data, excerpts, summaries, notes,memoranda, work sheets, reports, or documents acquired fromthe examination of the bank deposits, placements, trustaccounts, assets and records o f (1) a person charged orsuspected of the crime of terrorism or the crime of conspiracyt o commit terrorism; (2) a judicially declared and outlawedterrorist organization, association, or group of persons; or (3)a member of such organization, association, or group ofpersons, which have been secured in violation of the provisionsof this Act, shall absolutely not be admissible and usable asevidence against anybody in any judicial, quasi-judicial,legislative, or administrative investigation, inquiry, proceeding,or hearing.


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2 4financial institution, when duly served with the written orderof the authorizing division of the Court of Appeals, shall beguilty'of a n offense and shall suffer the penalty of ten (10)years and one day to twelve (12) years of imprisonment.

SEC . 38. Penalty for False or Untruthful Statement orMisrepsesentahii of Material Fact in Joint Hfidavits. - Allyfalse or untruthful statement or misrepresentation of materialfact in the joint affidavits required respectively in Section 12and Section 32 of this Act shall constitute a criminal offenseand the affiants shall suffer individually the penalty of ten(10) years and one day to twelve (12) years of imprisonment.S EC . 39. Seizuse and Sepestration. - The deposits andtheir 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 kindand nature belonging: (1) to any person suspected of or chargedbefore a competent Regional Trial Court for the criine ofterrorism 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, orconveyance for purposes that are iniinical to the safety andsecurity of the people or injurious to the interest of the State.

The accused or a person suspected of may withdraw suchsums as may be reasonably needed by the monthly needs ofhis family including the services of his or her counsel andhis or her family's medical needs upon approval of the court.He or she may also use any of his property that is underseizure 01' sequestration or frozen because of hisher indictmentas a terrorist upon permission of the court for any legitimatereason.

Any person who unjustifiably refuses to follow the orderof the proper division of the Court of Appeals to allow theperson accused of the crime of terrorism or of the crime ofconspiracy to commit terrorism to withdraw such sums fromsequestered or frozen deposits, placements, trust accounts,assets and records as may be necessary for the regular


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25sustenance of hisker family or to use any of hisker propertythat has been seized, sequestered or frozen for legitimatepurposes while,hisher case is pending shall suffer the penaltyof ten (10) years and one day to twelve (12) years ofimprisonment.

SEC. 40. Nature of Seized, Sequestered and Frozen BankDeposits, Placements, Trust Accounts, Assets and Records. -The seized, sequestered and frozen bank deposits, placements,trust accounts, assets and records belonging to a personsuspected of or charged with the crime of terrorism orconspiracy to commit terrorism shall be deemed as propertyheld in trust by the bank o r financial institution for suchperson and the government during the pendency of theinvestigation of the person suspected of or during the pendencyof the trial of the person charged with any of the said crimes,as the case may be and their use or disposition while the caseis pending shall be subject to the approval of the court beforewhich the case or cases are pending.SEC. 1. Disposition o f the Seized, Sequestered and FrozenBank Deposits, Placements, Trust Accounts, Assets andRecord. - If the person suspected of or charged with the crimeof terrorism or conspiracy to commit terrorism is found, afterhis investigation, to be innocent by the investigating body, oris acquitted, after his arraignment or his case is dismissedbefore his arraignment by a competent court, the seizure,sequestration and freezing of his bank deposits, placements,trust accounts, assets and records shall forthwith be deemedlifted by the investigating body or by the competent court, asthe case may be, and his bank deposits, placements, trustaccounts, assets and records shall be deemed released fromsuch seizure, sequestration and freezing, and shall be restoredto him without any delay by the bank or financial institutionconcerned without any further action on his part. The filingof any appeal on motion for reconsideration shall not state therelease of said funds from seizure, sequestration and freezing.If the person charged with the crime of terrorism orconspiracy to commit terrorism is convicted by a final udgment

of a competent trial court, his seized, sequestered and frozenbank deposits, placements, trust accounts, assets and recordsshall be automatically forfeited in favor of the government.


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26Upon his or her acquittal or the dismissal of the chargesagainst him or her, the amount of Five hundred thousandpesos (P500,OOO.OO) a day for the period in which his properties,assets or funds were seized shall be paid to him on the conceptof liquidated damages. The amount shall be taken from theappropriations of the police or law enforcement agency thatcaused the filing of the enumerated charges against himher.S E C . 42. Penalty for Unjustified Refusal to Restore orDelay in Restoring Seized Sequestered and Frozen BankDeposits, Placements, Trust Accounts, Assets and Records. -Any person who unjustifiably refuses to restore or delays therestoration of seized, sequestered and frozen bank deposits,placements, t rust accounts, assets and records of a personsuspected of or charged with the crime of terrorism orconspiracy to commit terrorism after such suspected personhas been found innocent by the investigating body or after thecase against such charged person has been dismissed or afterhe is acquitted by a competent court shall suffer the penaltyof ten (10) years and one day to twelve (12) years ofimprisonment.SEC. 43. Penalty for the Loss, Misuse, Diversion orDissipation of Seized Sequestered and Frozen Bank Deposits,Placements, Trust Accounts, Assets a n d Records. - Anyperson who is responsible for the loss, misuse, diversion, ordissipation of the whole or any part of the seized, sequesteredand frozen bank deposits, placements, trust accounts, assetsand records of a person suspected of or charged with the crimeof terrorism or conspiracy to commit terrorism shall suffer the

penalty of ten (10) years and one day to twelve (12) years ofimprisonment.SEC. 44. Infidelity in the Custody ofDetained Persons.

- Any public officer who has direct custody of a detainedperson under the provisions of this Act and who by hisdeliberate act, misconduct, or inexcusable negligence causes orallows the escape of such detained person shall be guilty ofan offense and shall suffer the penalty oE (a) twelve (12) yearsand one day to twenty (20) years of imprisonment, if thedetained person has already been convicted and sentenced ina final judgment of a competent court; and (b) six years andone day to twelve (12) years of imprisonment, if the detained


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27person has not been convicted and sentenced in a finaljud'gment .of a competent court.

S E C . 45. Immunity a n d Protection o f Governmenthtnesses. - The provisions of Republic Act No. 6981 (WitnessProtection, Security and Benefits Act) t o the contrarynotwithst anding, the immunity of government witnessestestifying under this Act shall be governed by Sections 17 and18 of Rule 119 of the Rules of Court: Provided howeveq Thatsaid witnesses shall be entitled to benefits granted tc witnessesunder said Republic Act No. 6981.S E C . 46. Penalty for Unauthorized Revelation ofClassified Materjals. - The penalty of ten (10) years and oneday t o twelve (12) years of imprisonment shall be imposed uponany person, police or law enforcement agent, judicial officeror civil servant who, not being authorized by the Court ofAppeals t u do so , reveals in any manner or form any classifiedinformation under this Act.S E C . 47. Penalty for Furnishing False Evidence, ForgedDocument, or Spurious Evidence. - The penalty of twelve (12)years and one day to twenty (20) years of imprisonment shallbe imposed upon any person who knowingly furnishes falsetestimony, forged document o r spurious evidence in anyinvestigation 01 hearing under this Act.S E C . 48. Continuous E a l . - In cases of terrorism orconspiracy to commit terrorism, the judge shall set the casefor continuous trial on a daily basis from Monday to Fridayor other short-term trial calendar so as to ensure speedy trial.S E C . 49. Prosecution Under This Act Shall be a Bar toAnother Prosecution under the Revised Penal Code or anySpecial Penal Laws. - When a person has been prosecutedunder a provision of this Act, upon a valid complaint o rinformation or other formal charge sufficient in form andsubstance t o sustain a conviction and after the accused hadpleaded t o the charge, the acquittal of the accused or thedismissal of the case shall be a bar to another prosecutionfor any offense o r felony which is necessarily included in theoffense charged under this Act.


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28SEC. 50. Damages for Unproven Charge o f Terrori6m. -Upon acquittal, any person who is accused of terrorism shallbe entitled to the payment of damages in the amount of Fivehundred thousand pesos (P500,OOO.OO) for every day that heor she has been detained or deprived of liberty or arrestedwithout a warrant as a result of such an accusation. Theamount of damages shall be automatically charged against theappropriations of the police agency or the Anti-TerrorismCouncil that brought or sanctioned the filing of the chargesagainst the accused. It shall also be released within fifteen(15) days from the date of the acquittal of the accused. Theaward of damages mentioned above shall be without prejudiceto the right of the acquitted accused to file criminal oradministrative charges against those responsible for charginghim with the case of terrorism.Any officer, employee, personnel, or person who delays therelease or refuses to release the amounts awarded to theindividual acquitted of the crime of terrorism as directed inthe paragraph immediately preceding shall suffer the penaltyof six months of imprisonment.If the deductions are less than the amounts due to thedetained persons, the amount needed to complete thecompensation shall be taken from the current appropriationsfor intelligence, emergency, social or other funds of the Officeof the President.In the event that the amount cannot be covered by thecurrent budget of the police 01 law enforcement agency

concerned, the amount shall be automatically included in theappropriations of the said agency for the coming year.SEC. 51. Dirty to Record and Report the Name andAddress o f the Infirmant. - The police or law enforcementofficers to whom the name of a suspect in the crime ofterrorism was first revealed shall record the real name and

the specific address of the informant.The police or law enforcement officials concerned shallreport the informants name and address to their superiorofficer who shall transmit the information to the CongressionalOversight Committee or to the proper court within five days


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29after the suspect was placed under arrest o r his properties,,,were sequestered, seized or frozen.

The name and address of the informant shall beconsidered coddential and shall not be unnecessarily revealeduntil after the proceedings against the suspect shall have beenterminated.

SEC. 52. Applicability o f the Revised Penal Code. - Theprovisions of Book I of the Revised Penal Code shal l beapplicable to this Act.SEC. 53 . Anti-TenorisIn CounciI. - An Anti-TerrorismCouncil, hereinafter referred to, for brevity, as the Council,is hereby created. The members of the Council are: (1) theExecutive Secretary, who shall be its Chairperson; ( 2 ) theSecretary of Justice, who shall be its Vice Chairperson; and(3) the Secretary of Foreign Affairs; (4) the Secretary ofNational Defense; (5 ) the Secretary of the Interior and LocalGovernment; (6) the Secretary of Finance; and (7) the NahonalSecurity Advisor, as its other members.The Council shall implement this Act and assume theresponsibility for the proper and effective implementation of theanti-terrorism policy of the country. The Council shall keeprecords of its proceedings and decisions. All records of theCouncil shall be subject t o such security classifications as theCouncil may, in its judgment and discretion, decide to adoptto safeguard the safety of the people, the security of theRepublic, and the welfare of the nation.The National Intelligence Coordinating Agency shall bethe Secretariat of the Council. The Council shall define thepowers, duties, and functions of the National IntelligenceCoordinating Agency as Secretariat of the Council. TheNational Bureau of Investigation, the Bureau of Immigration,the Office of Civil Defense, the Intelligence Service of theArmed Forces of the Philippines, the Anti-Money LaunderingCouncil, the Philippine Center on Transnational Crime, andthe Philippine National Police intelligence and investigativeelements shall serve as support agencies for the Council.The Council shall formulate and adopt comprehensive,adequate, effment, and effective anti-terrorism plans, programs,


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30and counter-measures to suppress and eradicate terrorism inthe country and to protect the people from acts of terrorism.Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicia1power or authority.

SEC. 54. Functions of the CouncjJ. - I n pursuit of itsmandate in the previous Section, the Council shall have thefollowing functions with due regard for the rights of the peopleas mandated by the Constitution and pertinent laws:1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in thecountry;2. Coordinate all national efforts to suppress anderadicate acts of terrorism in the country and mobilize theentire nation against terrorism proscribed in this Act;3. Direct the speedy investigation and prosecution of allpersons accused or detained for the crime of terrorism orconspiracy to commit terrorism and other offense&punishableunder this Act, and monitor the progress of their cases;4. Establish and maintain comprehensive data-baseinformation systems on terrorism, terrorist activities, andcounter-terrorism operations;5 . Freeze the funds property, bank deposits, placements,trust accounts, assets and records belonging to a personsuspected of or charged with the crime of terrorism orconspiracy to commit terrorism, pursuant to Republic Act No.9160, otherwise known as the Anti-Money Laundering Act of2001, as amended;6. Grant monetary rewards and other incentives toinformers who give vital information leading to theapprehension, arrest, detention, prosecution, and conviction ofperson or persons who are liable for the crime of terrorismor conspiracy to commit terrorism;


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31Establish and maintain coordination with and thecooperation and assistance of other nations in the struggleagainst international terrorism; and

7.

8 . Request the Supreme Court to designate specificdivisions of the Court of Appeals and Regional Trial Courtsin Manila, Cebu City and Cagayan de Oro City, as the casemay be, to handle all cases involving the crime of terrorismor conspiracy to commit terrorism and all matters incidentto said crimes. The Secretary of Justice shall assign a teamof prosecutors from: (a) Luzon to handle terrorism cases filedin the Regional Trial Court in Manila; (b) from the Visayasto handle cases filed in Cebu City; and (c) from Mindanao tohandle cases filed in Cagayan de Oro City.

SEC. 55. Role of the Commission on Human Rights. -The Commission on Human Rights shall give the highestpriolity to the investigation and prosecution of violations of civiland political rights of persons in relation to the implementationof this Act; and for this purpose, the Commission shall havethe concurrent jurisdiction to prosecute publlc officials, lawenforcers, and other persons who may have violated the civiland political ri~ghtsof persons suspected of, accused of, ordetained for the crime of terrorism or conspiracy to committerrorism.

SEC. 56. Creation of a Grievance Committee. - Thereis hereby created a Grievance Committee composed of theOmbudsman, as chair, and the Solicitor General, and a nundersecretary from the Department of Justice (DOJ) , asmembers, t o receive and evaluate complaints against theactuations of the police and law enforcement officials in theimplementation of this Act. The Committee shall hold officein Manila.

The Committee shall have three subcommittees that willbe respectively headed by the Deputy Ombudsmen in Luzon,the Visayas and Mindanao. The subcommittees shallrespectively hold office at the Offices of Deputy Ombudsmen.Three Assistant Solicitors Gcneral designated by the SolicitorGeneral, and the regional prosecutors of the DOJ assigned tothe regions where the Deputy Ombudsmen hold office shallbe members thereof. The three subcommittaes shall assist the


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32Grievance Committee in receiving, investigating and evaluatingcomplainte against the police and other law enforcement officersin the implementation of this Act. If the evidence warrantsit, they may file the appropriate cases against the erring policeand law enforcement officers. Unless seasonably disowned ordenounced by the complainants, decisions or judgments in thesaid cases shall preclude the filing of other cases based on thesame cause or causes of action as those that were filed withthe Grievance Committee or its branches.

SEC. 57. Ban on Extraordinary Rendition. . No personsuspected or convicted of the crime of terrorism shall besubjected to extraordinary rendition to any country unless hisor her testimony is needed fo r terrorist related policeinvestigations or judicial trials in the said country and unlesshis or her human rights, including the r ight against torture,and right to counsel, are officially assured by the requestingcountry and transmitted accordingly and approved by theDepartment of Justice.

SEC . 58 . Extra-Territorial Application of this Act. -Subject to the provision of an existing trea ty of which thePhilippines is a signatory and to any contrary provision of anylaw of preferential application, the provisions of this Act shallapply: (1) to individual persons who commit any of the crimesdefined 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 theterritorial limits of the Philippines, commit, conspire or plotto commit any of the crimes defined and punished in this Actinside the territorial limits of the Philippines; (3) to individualpersons who, although physically outside the territorial limitsof the Philippines, commit any of the said crimes on boardPhilippine sh i p or Philippine airship; (4) to individual personswho commit any of said crimes within any embassy, consulate,or diplomatic premiscs belonging to or occupied by thePhilippine government in an official capacity; (5) to individualpersons who, although physically outside the territorial limitsof the Philippines, commit said crimes against Philippinecitizens or persons of Philippine descent, where their citizenshipor ethnicity was a factor in the commission of the crime; and(6) to individual persons who, although physically outside the


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33territorial limits of the Philippines, commit said crimes directlyagainst the Philippine government.

SEC. 59. Joint Oversight Committee. - There is herebycreated a J oi nt Oversight Commit tee to oversee th eimplementation of this Act.

The Oversight Committee shal l be composed of fivemembers each from the Senate and the House in addition tothe Chairs of the Committees of Public Order of both Houseswho shall also Chair the Oversight Committee in the orderspecified herein. The membership of the Committee for everyHouse shall at least have two opposition or minority members.The Joint Oversight Committee shall have its own independentcounsel.

The Chair of the Committee sha ll rotate every sixmonths with the Senate chairing it for the first six monthsand the House for the next six months. In every case, theranking opposition or minority member of the Committee shallbe the Vice Chair.Upon the expiration of one year after this Act is approvedby the President, the Committee shall review the Actparticularly the provisions that authorize the surveillance ofsuspects of or persons charged with the crime of terrorism.To that end, the Committee shall summon the police and lawenforcement officers and the members of the Anti-TerrorismCouncil and require them to answer questions from themembers of Congress and to submit a written report of theacts they have done in the implementation of the lawincluding the manner in which the persons suspected of orcharged with the crime of terrorism have been dealt with intheir custody and from the date when the movements of thelat ter were subjected to survei l lance and his or hercorrespondences, messages, conversations and the like werelistened 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 Housesof Congress. The report may include where necessary arecommendation to reassess the effects of globalization onterrorist activities on the people, provide a sunset clause to


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3 4or amend any portion of the Act or to repeal the Act in itsentirety.

The courts dealing with anti-terrorism cases shall submitto Congress and the President a report every six months ofthe status of anti-terrorism cases that have been filed w i t hthem starting from the date this Act is implemented.SEC. 60. Separabdity Clause. - If for any reason any partor provision of this Act is declared unconstitutional or invalid,the other parts or provisions hereof which are not affectedthereby shall remain and continue to be in full force and

effect.SEC. 61. Repealilig Clause. - AU laws, decrees, executiveorders, rules or regulations or parts thereof, inconsistent withthe provisions of this Act are hereby repealed, amended, ormodified accordingly.SEC. 6 2 . Special Effectivity Clause. - After the bill shallhave been signed into law by the President, the Act shall bepublished in three newspapers of national circulation; threenewspapers of local circulation, one each in Ilocos Norte,Baguio City and Pampanga; three newspapers of localcirculation, one each in Cebu, Iloilo and Tacloban; and threenewspapers of local circulation, one each in Cagayan de Oro,Davao and General Santos City.The title of the Act and its provisions defining the actsof terrorism that are punished shall be aired everyday atprimetime for seven days, morning, noon and night over three

national television and radio networks; three radio andtelevision networks, one each in Cebu, Tacloban and Iloilo; andin five radio and television networks, one each in Lanao delSur, Cagayan de O r o , Davao City, Cotabato City andZamboanga City. The publication in the newspapers of localcirculation and the announcements over local radio andtelevision networks shall be done in the dominant languageof the community.


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35After the publication required above shall have been done,the Act shall take effect two months after the elections areheld in May 2007.Thereaf ter , t he provisions of th is Act shal l beautomatically suspended one month before and tw o monthsafter the holding of any election. n

This Act which isa consolidationof Senate BillNo. 2137 andHouse Bill No. 4839 was finally passed by the Senateandthe House of Representatives on February 8, 2007 andFebruary 19,2007,espectively.

or.NAZARENO Secretary of the Senate

GLo+i#tGqmoYoesident of the Phi ippines

r.a. 9372 human security's act

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