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Republic Act No. 9372: Human Security Act

GOVPH
Republic Act No. 9372
Sig ned o n M arc h 6 , 2 007
Republic of the Philippines
Congr ess of the Philippines
Metro Manila
Thirteenth Congr ess
Third Regular Session
Begun and held in Metr o Manila, on Monday, the twenty-four th day of July, two thousand six.
[REPUBLIC ACT NO . 9372] AN AC T T O SECURE THE STATE AND PRO TECT OUR PEOPLE FROM TERRORISM
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Be it enacted by the Senate and the House of Repr esentatives of the Philippines in Congr ess assembled:
SECTION 1. Shor t Title . — This Act shall hencefor th be known as the “Human Security Act of 2007. ”
SEC. 2. Declar ation of Policy . — It is declared a policy of the State to protect life, liberty, and prope rty from acts of terr orism, to condemn
terr orism as inimical and danger ous 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 terr orism 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 pr omoting equitable economic de velopment.
Nothing in this Act shall be interpreted as a cur tailment, restriction or dim inution of constitutionally recognized powers of the executive branch
of the government. It is to be unders tood, howe ver that the exer cise of the constitutionally recognized powers of the executive department of
the government shall not prejudice respect for human rights which shall be absolute and pr otected at all times.
SEC. 3. Terr orism. — Any person who commits an act punishable under any of the following pr ovisions of the Re vised Penal Code:
a. Article 122 (Pir acy in General and Mutiny in the High Seas or in the Philippine W aters);
b. Article 134 (Rebellion or Insurrection);
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c. Article 134-a (Coup d’Etat), including acts committed by priv ate persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Inv olving Destruction), or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (T oxic Substances and Hazardous and Nuclear W aste Control Act of 1990);
(3) Republic Act No. 5207, (A tomic Energy Regulat ory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Pir acy and Anti-Highway Robbery Law of 1974); and,
(6) Presidential Decree No. 1866, 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 con dition of widespread and extraordinary fear and panic among the populace, in order to coer ce the
government to give in to an unlawful demand shall be guilty of the crime of terr orism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of par ole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as
amended.
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SEC. 4. Conspiracy to Commit Terr orism. — Persons who conspire to commit the crime of terr orism shall suffer the penalty of for ty (40) years of
imprisonment.
There is conspir acy when two or more persons come to an agreemen t concerning the commission of the crime of terr orism as defined in
Section 3 hereof and decide t o commit the same.
SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspir ator as defined in Section 4
hereof, cooperates in the execution of either the crime of terr orism or conspir acy to commit terrorism by pre vious or simultaneous acts shall
suffer the penalty of fr om seventeen (17) years, four months one day t o twenty (20) years of imprisonment.
SEC. 6. Accessor y. — Any person who, having knowledge of the commission of the crime of terr orism or conspir acy to commit terrorism, 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 destr oying the body of the crime, or the effects, or instruments thereof, in order to pre vent its disco very; (c) by
harboring, concealing, or assisting in the escape of the principal or conspir ator of the crime, shall suffer the penalty of ten (10) years and one
day t o twelve (12) years of imprisonment.
Notwithstanding the abo ve par agraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to
their spouses, ascendants, descenda nts, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single ex ception of accessories falling within the pr ovisions of subpar agraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recor ding of Communications. — The provisions of Republic Act No. 4200 (Anti-Wire
Tapping Law) to the contr ary notwith standing, a police or law enfor cement official and the members of his team may, upon a written order of
the Cour t of Appeals, listen to, inter cept and record, with the use of any mode, form, kind or type of electr onic or other surveillance equipment
or inter cepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message,
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conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization,
association, or gr oup of persons or of any person charged with or suspected of the crime of terr orism or conspiracy to commit terr orism.
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.
SEC. 8. Formal Application for Judicial Authorization. — The written order of the authorizing division of the Cour t of Appeals to track down, tap,
listen to, inter cept, and record communications, messages, conversation s, discussions, or spoken or written words of any person suspected of
the crime of terr orism or the crime of conspir acy to commit terrorism shall only be granted by the authorizing division of the Cour t of Appeals
upon an ex par te written applicatio n of a police or of a law enfor cement official who has been duly authorized in writing by the Anti-Terr orism
Council created in Section 53 of this Act to file such ex par te appl ication, and upon examination under oath or affirmation of the appl icant and
the witnesses he may produce to establish: (a) that there is probable cause to belie ve based on personal knowledge of facts or circumstances
that the said crime of terr orism or conspir acy to commit terrorism has been committed, or is being committed, or is about to be committed; (b)
that there is probable cause to belie ve 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 pre vention of, any such crimes, will be obtained; and, (c) that there is no
other effective means readily a vailable for acquiring such e vidence.
SEC. 9. Classi�cation and Contents of the Order of the Cour t. — The written order granted by the authorizing division of the Cour t of Appeals 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-Terr orism Council shall be deemed and are hereby declared as classified information: Provided , That
the person being surveilled or whose communications, letters, papers, messages, conversations, discussions, spoken or written words and
effects have been monit ored, listened to, bugged or recorded by law enforcement authorities has the right to be informed of the acts done by
the law enfor ceme nt authorities in the premises or to challenge, if he or she intends to do so, the legality of the inter ference before the Cour t of
Appeals which issued the written order. The written order of the authoriz ing division of the Cour t of Appeals shall specify the following: (a) the
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identity, such as name and addres s, if known, of the charged or suspected person whose communications, messages, conversations,
discussions, or spoken or written words are to be tracked down, tapped, listened to, inter cepted, and recorded and, in the case of radio,
electr onic, or telephonic (whether wireless or other wise) communications, messages, conversations, discussions, or spoken or written words,
the electr onic transmission systems or the telephone numbers to be tracked down, tapped, listened to, inter cepted, and recorded and their
locations or if the person suspected of the crime of terr orism or conspir acy to commit terrorism is not fully known, such person shall be subject
to co ntinuous surveillance provided there is a reasonable ground to do so; (b) the identity (name, address, and the police or law enfor cement
organization) of the police or of the law enfor cement official, including the individual identity (names, addresses, and the police or law
enfor cement organization) of the members of his team, judicially authorized to track down, tap, listen to, inter cept, and record the
communications, messages, conversations, discussions, or spoken or written words; (c) the offense or offenses committed, or being
committed, or sought t o be prevented; and, (d) the length of time within which the authorization shall be used or carried out.
SEC. 10. Eff ectiv e Period of Judicial Authorization. — Any authorization granted by the authorizing division of the Cour t of Appeals, pursuant to
Section 9(d) of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Cour t of
Appeals, which shall not exceed a period of thir ty (30) days from the date of receipt of the written order of the authorizing division of the Cour t
of Appeals by the applicant police or law enfor cement official.
The authorizing division of the Cour t of Appeals may extend or renew the said authorization for another non-extendible period, which shall not
exceed thirty (30) days from the expiration of the original period: Provided , T hat the authorizing division of the Cour t of Appeals is satisfied that
such extension or renewal is in the public interest: and Provided , fur ther , That the ex par te application for extension or renewal, which must be
filed by the original applicant, has been duly authorized in writing by the Anti-Terr orism 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 th e orig inal applicant among the members of the team named in the original written order of the authorizing division of the Cour t of Appeals
shall file the application for extension or renewal: Provided , Tha t, wi thout prejudice to the liability of the police or law enfor cement personnel
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under Section 20 hereof, the applicant police or law enfor cement official shall have thir ty (30) days after the termination of the period granted
by the Cour t of Appeals as provided in the preceding paragraphs within which to file the appr opriate case before the Public Prosecut or’s Office
for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enfor cement official shall immediately notify the person subject of
the sur veillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years
and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enfor cement official who fails to notify the
person subject of the sur veillance, monitoring, interception and recording as specified abo ve.
SEC. 11. Custody of Inter cepted and Recor ded Communications. — All tapes, discs, and recordings made pursuant to the authorization of the
authorizing division of the Cour t of Appeals, including all excerpts and summaries thereof as well as all written notes or memor anda made in
connection therewith, shall, within forty-eight (48) hours after the expir ation of the period fixed in the written order of the authorizing division of
the Cour t of Appea ls or within forty-eight (48) hours after the expir ation of any extension or renewal granted by the authorizing division of the
Cour t of Appeals, be deposited with the authorizing Division of the Cour t of Appeals in a sealed envelope or sealed package, as the case may
be, and shall be accompanied by a joint affida vit of the applicant police or law enforcement official and the members of his team.
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 membe rs of the team named in the written order of the authorizing division of the Cour t of Appeals shall execute with the members
of the team that required affida vit.
It shall be unlawfu l for any person, police officer or any cust odian of the tapes, discs and recording, and their excerpts and summaries, written
notes or memor anda to copy in wha tever form, to remo ve, delete, expunge, incinerate, shred or destr oy in any manner the items enumer ated
above in whole or in par t under any pretext whatsoe ver.
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Any person who remo ves, deletes, expunges, incinerates, shreds or destr oys the items enumer ated above shall suffer a penalty of not less than
six years and one day t o twelve (12) years of imprisonment.
SEC. 12. Contents of Joint A�da vit. — Th e joint affida vit of the police or of the law enfor cement official and the individual members of his team
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 wri tten notes and memor anda, if any, made in connectio n 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 memor anda made in connection therewith that have been included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terr orism Council to the applicant to file the ex par te application to co nduct the tracking down, tapping,
intercepting, and recording, as well as the date of any extension or renewal of the original written authority granted by the authorizing division
of the Court of Appeals.
The joint affida vit shall also certify under oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and recordings,
and that no duplic ates or copies of the whole or any part of any of such excerpts, summaries, written notes, and memor anda, have been made,
or, if mad e, 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 Cour t of Appeals.
It sh all be unlawfu l for any person, police or law enfor cement official to omit or exclude from the joint affida vit any item or por tion thereof
mentioned in this Section.
Any perso n, police or law enfor cement officer who violates any of the acts prescribed in the preceding paragraph shall suffer the penalty of not
less than ten (10) years and one day t o twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material . — The sealed envelope or sealed package and the contents thereof, which are deposited with the
authorizing division of the Cour t of Appeals, shall be deemed and are hereby declared classified information, and the sealed envelope or sealed
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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 memor anda made in conn ection therewith) shall not be divulg ed, revealed, read, replayed, or used as evidence unless authorized by
written order of the authorizing division of the Cour t of Appeals, which written order shall be granted only upon a written application of the
Depar tment of Justice filed before the authorizing division of the Cour t of Appeals and only upon a showing that the Depar tment of Justice has
been duly authorized in writing by the Anti-Terr orism Council to file the application with proper written notice the person whose conversation,
communication, message discussion or spoken or written words have been the subject of sur veillance, monitoring, recording and inter ception
to open, re veal, divulge, and use the contents of the sealed envelope or sealed package as e vidence.
Any person, law enfor cement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance as
defined abo ve shall suffer the penalty of six years and one day t o eight years of imprisonment.
SEC. 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 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, inter cepted, 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 memor anda made in connection therewith); and, (d) for using any of said listened to, inter cepted, 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 memor anda made in connection therewith) as e vidence.
Any perso n, law enfor cement official or judicial authority who violates his duty to notify as defined above shall suffer the penalty of six years
and one day t o eight years of imprisonment.
SEC. 15. Evidentiar y Value of Deposited Materials . — Any listened to, inter cepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or par ts 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
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be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administr ative investigation, inquiry,
proceeding, or hearing.
SEC. 16. Penalty for Unauth orized or Malicious Interceptions and/or Recordings. — Any police or law enfor cement personnel who, not being
authorized to do so by the authorizing division of the Cour t of Appeals, tracks down, taps, listens to, inter cepts, and records in whate ver manner
or form any communication, message, conversation, discussion, or spoken or written word of a person charged with or suspected of the crime
of terr oris m or the crime of conspir acy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one
day t o 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 and the accessory penalty of perpetual absolute disqualification from public office shall be imposed upon any
police or law enfor cement personne l who maliciously obtained an auth ority from the Cour t of Appeals to track down, tap, listen to, inter cept,
and record in whate ver manner or form any communication, message, conversation, discussion, or spoken or written words of a person
charged with or suspected of the crime of terr orism or conspir acy to commit terrorism: Provided , That notwithstan ding Section 13 of this Act,
the par ty aggrie ved by such author ization shall be allowed access to the sealed envelope or sealed package and the contents thereof as
evidence for the pr osecution of any police or law enfor cement personnel who maliciously pr ocured said authorization.
SEC. 17. Proscription of Terr orist Organizations, Association, or Group of Persons . — Any organization, association, or group of persons
organized for the purpose of engag ing in terr orism, or which, although not organized for that purpose, actually uses the acts to terr orize
mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coer ce
the gover nment to give in to an unlaw ful demand shall, upon application of the Depar tment of Justice before a competent Regional Trial Cour t,
with due notice and oppor tunity to be heard given to the organization, association, or group of persons concerned, be declared as a terr orist
and outlawed organization, association, or gr oup of persons by the said Regional Trial Cour t.
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SEC. 18. Period of Detention Without Judicial W arr ant of Arr est. — The pro visions of Article 125 of the Revised Penal Code to the contr ary
notwithstanding, any police or law enfor cement personnel, who, having been duly authorized in writing by the Anti-Terr orism Council has taken
cust ody of a person charged with or suspected of the crime of terr orism or the crime of conspir acy to commit terrorism shall, without incurring
any criminal liability for delay 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 days counted from the moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into cust ody by the said police, or law enfor cement personnel: Provided , Tha t the arrest of those
suspected of the crime of terr orism or conspir acy to commit terrorism must result from the surveillance under Section 7 and examination of
bank deposits under Section 27 of this Act.
The police or law enfor cement personnel concerned shall, before detaining the person suspected of the crime of terr orism, 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 ascer tain the identity of the police or law enfor cement 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 tor ture by whom and why. The
judge shall then submit a written repor t of what he/she had obser ved 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 br ought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terr orism or conspir acy to commit terrorism, the police
or law enfor cemen t personnel shall notify in writing the judge of the cour t nearest the place of apprehension or arrest: Provided , T hat where the
arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be ser ved at the residence of the judge nearest
the place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enfor cement personnel
who fails t o notify and judge as pr ovided in the preceding par agraph.
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SEC. 19. Period of Detentio n in the Event of an Actual or Imminent Terr orist Atta ck. — 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 Cour t 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 enfor cement
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 enfor cement personnel
concerned within five days after the date of the detention of the persons concerned: Provided, however , That within three days after the
detention the suspects, whose connection with the terr or attack or threat is not established, shall be released immediately.
SEC. 20. Penalty for Failur e to Deliv er 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 enfor cement personnel who has apprehended or arrested, detained
and taken custody of a person charged with or suspected of the crime of terr orism or conspir acy to commit terrorism and fails to deliver such
charged or suspected person t o the proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. — The moment a person charged with or suspected of the crime of terr orism or the
crime of conspir acy to commit terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the arresting police or law
enfor cement officers or by the police or law enfor cement officers to who se cust ody the person concerned is brought, of his or her right: (a) to
be informed of the nature and cause of his arrest, to remain silent and to ha ve 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 enfor cement officers concerned shall immediately
contact the free legal assistance unit of the Integr ated 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 PA O thus contacted to imm ediately 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
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time without restri ction; (d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest
relatives and t o be visited by them; and, (e) allowed freely t o avail of the ser vice of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee . — Any police or law enfor cement personnel, or any personnel of the police or other law
enforcement custodial unit that viola tes any of the aforesaid rights of a person charged with or suspected of the crime of terr orism or the crime
of conspi racy 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.
Unless the police or law enfor cement 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 hear or leader of the law enfor cement unit having custody of the detainee at the time the
violation was done.
SEC. 23. Requir ement for an O�cial Cust odial Logbook and its Contents. — The police or other law enfor cement custodial unit in whose care and
control the person charged with or suspected of the crime of terr orism or the crime of conspir acy 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 lawy er or lawyers of the person under custody or any member of his or her
family or relative by consanguinity or affinity within the four th 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 cust odial 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 cust odial
detention; (e) the date and time of each remo val of the detained person from his cell for interr ogation or for any purpose; (f) the date and time
of his return 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; (j) 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
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with his legal counsel or counsels; (m) the date and time of each visit, and date and time of each depar ture of his legal counsel or counsels;
and, (n) all other important events bearing on and all rele vant details regarding the treatment of the detained person while under custodial
arrest and detention.
The said police or law enfor cement custodial unit shall upon demand of the aforementioned lawyer or lawyers or members of the family or
relatives within the four th civil degree of consanguinity or affinity of the person under custody or his or her physician issue a cer tified true copy
of the entries of the logbook relative t o the concerned detained person without delay or restriction or requiring any fees whatsoe ver 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 par ty concerned to scrutinize it at the time the demand for the cer tified true copy is made.
The police or othe r law enfor cement custodial unit who fails to comply with the preceding paragraph to keep an official logbook shall suffer the
penalty of ten (10) years and one day t o twelve (12) years of imprisonment.
SEC. 24. No Tor tur e or Coer cion in Inv estigatio n and Interr ogation. — No threat, intim idation, or coer cion, and no act which will inflict any form of
physical pain or torment, or mental, mor al, or psychological pressure, on the detained person, which shall vitiate his free-will, shall be employed
in his investigation and interr ogation for the crime of terr orism or the crime of conspir acy to commit terrorism; otherwise, the evidence
obtained from said detained person resulting from such threat, intimidation, or coer cion, or from such inflicted physical pain or torment, or
mental, mor al, or psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial,
legislative, or administr ative, investigation, inquiry, pr oceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Tor tur e in the Investigatio n and Interr ogation of a Detained Person. — Any person or
persons who use threat, intimidation, or coer cion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which
shall vitiate the free-will of a charg ed or suspected person under investigation and interr ogation for the crime of terr orism or the crime of
conspir acy 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.
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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, mor al, or psychological pressure, the penalty shall be twelve (12) years and one day t o twenty (20) years of imprisonment.
SEC. 26. Restriction on Tra vel. — In cases where e vidence of guilt is not strong, and the person charged with the crime of terr orism or
conspir acy to commit terrorism is entitled to bail and is granted the same, the cour t, upon application by the prosecut or, shall limit the right of
travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and
public safety, consistent with Article III, Section 6 of the Constitution. Tra vel outside of said municipality or city, without the authorization of the
cour t, shall be deemed a violation of the terms and conditions of his bail, which shall then be for feited as provided under the Rules of Cour t.
He/she may also be placed under house arrest by order of the cour t at his or her usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications
with people outside the residence until other wise ordered by the court.
The restr ictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or
earlier upon the discretion of the cour t on motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Recor ds. — The pro visions of Republic Act No. 1405 as
amended, to the contr ary notwithstanding, the justices of the Cour t of Appeals designated as a special court to handle anti-terr orism 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 terr orism or conspir acy 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 gr oup of persons, may authorize in
writing any police or law enfor cement officer and the members of his/h er team duly authorized in writing by the anti-terr orism 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)
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gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or
financial institution. The bank or fina ncial institution concerned shall not refuse to allow such examination or to pr ovide the desired information,
when so ordered by and ser ved with the written order of the Cour t of Appeals.
SEC. 28. Application to Examine Bank Deposit s, Accounts, and Recor ds. — The written order of the Cour t 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 terr orism or
conspir acy to commit terrorism; (2) of any judicially declared and outlaw ed terr orist 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 grant ed by the authorizing division of the Cour t of Appeals upon an ex par te
application to that effect of a police or of a law enfor cement official who has been duly authorized in writing to file such ex par te application by
the Anti-Terr orism Council created in Section 53 of this Act to file such ex par te appl ication, 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 terr orism or conspir acy
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 gr oup of persons.
SEC. 29. Classi�cation and Contents of the Cour t Or der Authorizing the Examinat ion of Bank Deposits, Accounts, and Recor ds. — The written
order granted by the authorizing division of the Cour t of Appeals as well as its order , if any, to extend or renew the same, the original ex par te
application of the applicant, including his ex par te application to extend or renew , if any, and the written authorizations of the Anti-Terr orism
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 examined, frozen, sequestered and seized by law enfor cement authorities has the right to be informed
of the acts done by the law enfor cement authorities in the premises or to challenge, if he or she intends to do so, the legality of the inter ference.
The written order of the authorizing division of the Cour t of Appeals designated to handle cases involving terrorism shall specify: (a) the identify
of the said: (1) person charged with or suspected of the crime of terr orism or conspir acy to commit terrorism; (2) judicially declared and
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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.
SEC. 30. Eff ectiv e Period of Cour t Authorization to Examine and Obtain Information on Bank Deposits, Accounts, and Recor ds. — The
authorization issued or granted by the authorizing division of the Cour t 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 Cour t of Appeals, which shall not exceed a period of thir ty (30) days from the
date of receipt of the written order of the authorizing division of the Cour t of Appeals by the applicant police or law enforcement official.
The authorizing division of the Cour t 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 expir ation of the original period: Provided , That the authorizing division of the Cour t of
Appeals is satisfie d that such extension or renewal is in the public interest: and, Provided , fur ther , That the applicati on for extension or renewal,
which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terr orism 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 th e orig inal applicant among the members of the ream named in the original written order of the authorizing division of the Cour t of Appeals
shall file the application for extension or renewal: Provided , Tha t, wi thout prejudice to the liability of the police or law enfor cement personnel
under Section 19 hereof, the applicant police or law enfor cement official shall have thir ty (30) days after the termination of the period granted
by the Cour t of Appeals as provided in the preceding paragraphs within which to file the appr opriate case before the Public Prosecut or’s Office
for any violation of this Act.
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If no case is filed within the thirty (30 )-day period, the applicant police or law enfor cement 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 or law enfor cement 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 enfor cement official or judicial authority who violates his duty t o notify in writing as defined above shall suffer the penalty of six
years and one day to eight years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits, Placements, Trust Accounts, Assets and Recor ds. — All
information, data, excerpts, summaries, notes, memor anda, 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 terr orism or the
crime of conspir acy 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 expir ation of the period fixed in
the writte n order of the authorizing division of the Cour t of Appeals or within forty-eight (48) hours after the expir ation of the extension or
renewal granted by the authorizing division of the Cour t of Appeals, be deposited with the authorizing division of the Cour t of Appeals in a
sealed envelope or sealed package , as the case may be, and shall be accompanied by a joint affida vit of the applicant police or law
enfor cement official and the persons who actually conducted the examination of said bank deposits, placements, trust accounts, assets and
records.
SEC. 32. Contents of Joint A�da vit. — The joint affida vit 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
disco vered, examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes, memor anda, working sheets, reports, documents, records examined and placed in the sealed
envelope or sealed package deposited with the authorizing division of the Cour t of Appeals; (f) the date of the original written authorization
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granted by the Anti-Terr orism Council to the applicant to file the ex par te app lication to con duct 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 Cour t of Appeals; and (g) that the items enumer ated were all that were found in the bank or financial institution
examined at the time of the completion of the examination.
The joint affida vit shall also certify under oath that no duplicates or copies of the information, data, excerpts, summaries, notes, memor anda,
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 Cour t of Appeals.
It shall be unlawf ul for any person, police officer or cust odian of the bank data and information obtained after examination of deposits,
placements, trust accounts, assets and records to copy, to remo ve, delete, expunge, incinerate, shred or destr oy in any manner the items
enumer ated abo ve in whole or in par t under any pretext whatsoe ver.
Any person who copies, removes, deletes, expunges, incinerates, shreds or destr oys the items enumer ated above shall suffer a penalty of not
less than six years and one day t o twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. — The sealed envelope or sealed package and the contents thereof, which are deposited with the
authorizing division of the Cour t 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 autho rizing division of the Cour t of Appeals, which written order shall be granted only upon a written application of the Depar tment of
Justice filed before the authorizing division of the Cour t of Appeals and only upon a showing that the Depar tment of Justice has been duly
authorized in writing by the Anti-Terr orism Council to file the application, with notice in writing to the party concerned not later than three days
before the scheduled opening, t o open, reveal, divulge, and use the contents of the sealed envelope or sealed package as e vidence.
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Any person, law enforcement official or judicial authority who violates his duty t o notify in writing as defined above shall suffer the penalty of six
years and one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. — The written application, with notice in writing to the party concerned not later than
three days of the scheduled opening, to open the sealed envelope or sea led package shall clearly state the purpose and reason: (a) for opening
the sealed envelope or sealed package; (b) for re vealing and disclosing its classified contents; and, (c) for using the classified information, data,
excerpts, summaries, notes, memor anda, working sheets, reports, and documents as evidence.
SEC. 35. Evidentiar y Value of Deposited Bank Materials. — Any information, data, excerpts, summaries, notes, memor anda, 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 terr orism or the crime of conspir acy to commi t terr orism: (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 pr ovisions of this Act, shall absolutely not be admissible and usable as e vidence against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, pr oceeding, or hearing.
SEC. 36. Penalty for Unauthoriz ed or Malicious Examination of a Bank or a Financial Institution. — Any person, police or law enfor cement
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 terr orism or the crime of conspir acy to commit terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or gr oup of persons; or (3) a member of such organization, association, or gr oup of persons, without being authorized
to do so by the Cour t 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 shall be imposed upon any police or law enfor cement personnel, who maliciously obtained an authority from the
Cour t of Appeals to examine the deposits, placements, trust accounts , assets, or records in a bank or financial institution of: (1) a person
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charged with or suspected of the crime of terr orism or conspir acy 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 aggrie ved 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 enfor cement personnel who
maliciously pr ocured said authorization.
SEC. 37. Penalty of Bank O�cials and Emplo yees Defying a Cour t A uthorization. — An employee, official, or a member of the board of direct ors
of a bank or financ ial 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 terr orism or the crime of conspir acy to commit terrorism; (2) a judicially declared and
outlawed organization, association, or gr oup 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 Cour t of Appeals,
shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day t o twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or Misr epresentation of Material Fact in Joint A�da vits. — Any false or untruthful statement or
misrepresentation of material fact in the joint affida vits 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 t o twelve (12) years of imprisonment.
SEC. 39. Seizur e and Sequestr ation . — The deposits and their outstanding balances, placements, trust accounts, assets, and records in any
bank or financial institution, moneys, businesses, transpor tation and communication equipment, supplies and other implements, and proper ty
of whate ver kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Cour t for the crime of
terrorism or the crime of conspir acy to commit terrorism; (2) to a jud icially 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 pre vent
their use, tr ansfer, or conveyance for purposes that are inimical t o the safety and security of the people or injurious t o the interest of the State.
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The accused or a person suspected of may withdr aw 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 cour t. He or she may also use any of his proper ty that
is under seizure or sequestr ation or frozen because of his/her indictment as a terr orist upon permission of the court for any legitimate reason.
Any perso n who unjustifiably refuses to follow the order of the proper division of the Cour t of Appeals to allow the person accused of the crime
of terr oris m or of the crime of conspir acy to commit terrorism to withdr aw 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 proper ty that has been
seized, sequestere d 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.
SEC. 40. Natur e of Seiz ed, Sequester ed and Fro zen Bank Deposits, Placements, Tru st Accounts, Assets and Recor ds. — The seized, sequestered
and froze n bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of
terrorism or conspir acy to commit terrorism shall be deemed as proper ty 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 appr oval of the
cour t before which the case or cases are pending.
SEC. 41. Disposition of the Seiz ed, Sequester ed and Fro zen Bank Deposits, Placements, Trust Accounts, Assets and Recor d. — If the person
suspected of or charged with the crime of terr orism or conspir acy to co mmit 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 a competent court, the seizure,
sequestr ation 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, sequestr ation and freezing, and shall be rest ored to him without any delay by the bank or financial
institution concerned without any further action on his part. The filing of any appeal on motion for reconsider ation shall not state the release of
said funds fr om seizure, sequestr ation and freezing.
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If the per son charg ed with the crime of terr orism or conspir acy to commit terrorism is convicted by a final judgment of a competent trial cour t,
his seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records shall be automatically forfeited in favor of
the go vernment.
Upon his or her acquittal or the dism issal 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 proper ties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall
be taken fr om the appr opriations of the police or law enfor cement agency that caused the filing of the enumer ated charges against him/her.
SEC. 42. Penalty for Unjusti�ed Refusal to Rest ore or Dela y in Rest oring Seized, Sequester ed and Fro zen Bank Deposits, Placements, Trust
Accounts, Assets and Recor ds . — Any person who unjustifiably refuses to rest ore 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 terr orism or conspir acy to
commit terrorism after such suspec ted 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.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seiz ed, Sequester ed and Fro zen Bank Deposits, Placements, Trust Accounts,
Assets and Recor ds. — 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 conspir acy to commit terr orism shall suffer the penalty of ten (10) years and one day t o twelve (12) years of imprisonment.
SEC. 44. In�delity in the Cust ody of Detained Persons. — Any public officer who has direct custody of a detained person or under the provisions
of this Act and who by his deliber ate act, misconduct, or inex cusable negligence causes or allows the escape of such detained person shall be
guilty of an offens e 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 cour t.
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SEC. 45. Immunity and Protection of Governm ent Witnesses . — The pro visions of Republic Act No. 6981 (Witness Protection, Security and
Benefits Act) to the contr ary notwithstanding, the immunity of government witnesses testifying under this Act shall be governed by Sections 17
and 18 of Rule 119 of the Rules of Cour t: Provided, howe ver , That said witnesses shall be entitled to benefits granted to witnesses under said
Republic Act No. 6981.
SEC. 46. Penalty for Unauth orized Revelation of Classi�ed Materials . — The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any person, police or law enfor cement agent, judicial officer or civil servant who, not being authorized by
the Court of Appeals t o do so, reveals in any manner or form any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidenc e, For ged Document, or Spurious Evidence . — The penalty of 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.
SEC. 48. Continuous Trial. — In cases of terr orism or conspir acy to commit terrorism, the judge shall set the continuous trial on a daily basis
from Monday t o Friday or other shor t-term trial calendar so as t o ensure speedy trial.
SEC. 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 pr ovision 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 t o another prosecution for any offense or felony which is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unpr oven Char ge of Ter rorism . — Upon acquittal, any person who is accused of terr orism 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 liber ty
or arrest ed without a warr ant as a result of such an accusation. The amount of damages shall be automatically charged against the
appropriations of the police agency or the Anti-Terr orism Council that brought or sanctioned the filing of the charges against the accused. It
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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 administr ative charges against those responsible for charging him with
the case of terr orism.
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 terr orism as directed in the par agraph 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 appr opriations for intelligence, emergency, social or other funds of the Office of the President.
In the e ve nt that the amount cannot be covered by the current budget of the police or law enfor cement agency concerned, the amount shall be
automatically included in the appr opriations of the said agency for the coming year .
SEC. 51. Duty to Recor d and Repor t the Name and Addr ess of the Informant. — The police or law enfor cement officers to whom the name or a
suspect in the crime of terr orism was first revealed shall record the real name and the specific address of the informant.
The police or law enfor cement officials concerned shall repor t the inform ant’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
proper ties were sequestered, seized or fr ozen.
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 ha ve been terminated.
SEC. 52. Applicability of the Revised Penal Code. — The pr ovisions of Book I of the Re vised Penal Code shall be applicable t o this Act.
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SEC. 53. Anti-T errorism Council. — An Anti-Terr orism 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 , as its other members.
The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the anti-terr orism policy of
the coun try. The Council shall keep records of its proceedings and decisions. All records of the Council shall be subject to such security
classifications as the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the powers, duties, and functions
of the National Intelligence Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigr ation,
the Office of Civil Defense, the Intelligence Service of the Armed For ces of the Philippines, the Anti-Money Laundering Council, the Philippine
Center on Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as suppor t agencies for
the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, progr ams, and counter-measures
to suppress and eradicate terrorism in the country and to protect the people from acts of terr orism. Nothing herein shall be interpreted to
empower the Anti-Terr orism Council to exercise any judicial or quasi-judicial power or authority.
SEC. 54. 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 per tinent laws.
1. Formulate and adopt plans, pr ograms and counter-measures against terr orists and acts of terrorism in the country;
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2. Co ordinate all national efforts to suppress and eradicate acts of terr orism in the country and mobilize the entire nation against terrorism
prescribed in this Act;
3. Direct the spee dy investigation and prosecution of all persons accused or detained for the crime of terr orism or conspir acy to commit
terr orism and other offenses punishable under this Act, and monit or the progress of their cases;
4. Establish and maintain comprehensive data-base information system on terr orism, terrorist activities, and counter-terr orism operations;
5. Freeze the funds proper ty, bank deposits, placements, trust accounts , assets and records belonging to a person suspected of or charged
with the crime of terr orism or con spiracy to commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention,
prosecution, and conviction of person or persons who are liable for the crime of terr orism or conspiracy to commit terr orism;
7. Establish and maintain coordination with and the cooper ation and assistance of other nations in the struggle against international terrorism;
and
8. Request the Supreme Court to designate specific divisions of the Cour t of Appeals and Regional Trial Cour ts in Manila, Cebu City and
Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terr orism or conspir acy to commit terrorism and all matters
incident to said crimes. The Secretary of Justice shall assign a team of prosecut ors from: (a) Luz on to handle terrorism cases filed in the
Regional Trial Cour t in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan
de Or o City.
SEC. 55. Role of the Commission on Human Rights . — The Commissi on 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
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Commission shall ha ve the concurre nt jurisdiction to prosecute public officials, law enfor cers, and other persons who may have violated the
civil and political rights of persons suspected of, or detained for the crime of terr orism or conspiracy to commit terr orism.
SEC. 56. Creation of a Grie vance Committee. — There is hereby created a Grie vance Committee composed of the Ombudsman, as chair , and the
Solicit or Gener al, and an undersecre tary from the Depar tment of Justice (DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enfor cement officials in the implementation of this Act. The Committee shall hold office in Manila.
The Committee shall have three subcommittees that will be respectively headed by the Deputy, Ombudsmen in Luz on, the Visayas and
Mindanao. The subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three Assistant Solicitors Gener al
designated by the Solicit or Gener al, and the regional prosecut ors of the DOJ assigned to the regions where the Deputy Ombudsmen hold office
shall be members thereof. The three subcommittees shall assist the Grie vance Committee in receiving, investigating and evaluating complaints
against the police and other law enfo rcement officers in the implementation of this Act. If the evidence warrants it, they may file the appr opriate
cases against the erring police and law enfor cement 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 Grie vance Committee or its br anches.
SEC. 57. Ban on Extr aordinar y Rendition. — No person suspected or convicted of the crime of terr orism shall be subjected to extr aordinary
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 tor ture, and right to counsel, are officially assured by the requesting country and
transmitted accordingly and appr oved by the Depar tment of Justice.
SEC. 58. Extra-Territ orial Application of this Act. — Subject to the pro vision of an exis ting treaty of which the Philippines is a signat ory and to any
contr ary pro vision 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 territ orial limits of the Philippines, commit, conspire or plot to commit any of the crimes
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defined and punished in this Act inside the territ orial limits of the Philippines; (3) to individual persons who, although physically outside the
territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who
commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an
official capacity; (5) to individual persons who, although physically outside the territ orial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where their citizens hip or ethnicity was a fact or in the commission of the crime; and (6) to
individual persons who, although physically outside the territ orial limits of the Philippines, commit said crimes directly against the Philippine
government.
SEC. 59. Joint Ov ersight Committee. — There is hereby created a Joint Oversight Committee t o oversee the implementation of this Act.
The Oversight Committee shall be composed of five members each from the Senate and the House in addition to the Chairs of the Committees
of Public Order of both Houses who shall also Chair the Oversight Committee in the order specified herein. The membership of the Committee
for every House shall at least have two opposition or minority members. The Joint Oversight Committee shall have its own independent
counsel.
The Chair of the Committee shall rotate every six months with the Senate chairing it for the first six months and the House for the next six
months. In e very case, the r anking opposition or minority member of the Committee shall be the Vice Chair .
Upon the expir ation of one year after this Act is appr oved by the President, the Committee shall review the Act particularly the provisions that
authorize the surveillance of suspec ts of or persons charged with the crime of terr orism. To that end, the Committee shall summon the police
and law enfor cement officers and the members of the Anti-Terr orism Council and require them to answer questions from the members of
Congress and to submit a written report of the acts they have done in the implementation of the law including the manner in which the persons
suspected of or charged with the crime of terr orism have been dealt with in their custody and from the date when the movements of the latter
were subjected to sur veillance and his or her correspondences, messages, conversations and the like were listened to or subjected to
monit oring, recording and tapping.
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Without prejudice to its submitting other reports, the Committee shall render a semi-annual report to both Houses of Congress. The repor t may
include where necessary a recomm endation to reassess the effects of globalization on terrorist activities on the people, provide a sunset
clause t o or amend any por tion of the Act or to repeal the Act in its entirety.
The courts dealing with anti-terr orism cases shall submit to Congress and the President a repor t every six months of the status of anti-
terr orism cases that ha ve been filed with them star ting from the date this Act is implemented.
SEC. 60 . Separ ability 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 t o be in full force and effect.
SEC. 61. Repealing Clause. — All laws, decrees, executive orders, rules or regulations or par ts ther eof, inconsistent with the provisions of this
Act are hereby repealed, amended, or modified accordingly.
SEC. 62. Special Eff ectivity Clause. — A fter the bill shall have been signed into law by the President, the Act shall be published in three
newspapers of national circulation; three newspapers of local circulation, one each in Ilocos Norte, Baguio City and Pampanga; three
newspapers of local circulation, one each in Cebu, Iloilo and Tacloban; and three newspapers of local circulation, one each in Cagayan de Oro,
Da vao and Gener al Santos city.
The title of the Act and its provisions defining the acts of terr orism that are punished shall be aired everyday at primetime for seven days,
morning, noon and night over three national television and radio networks; three radio and television networks, one each in Cebu, Tacloban and
Iloilo; and in five radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Da vao City, Cotabat o City and Zamboanga City. The
publication in the newspapers of local circulation and the announcements over local radio and television networks shall be done in the
dominant language of the community.
After the publication required abo ve shall have been done, the Act shall take effect two months after the elections are held in May 2007.
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Thereafter, the provisions of this Act shall be aut omatically suspended one month before and two months after the holding of any election.
Approved,
(Sgd.) JOSE DE VENECIA, JR.
Speak er of the House
of Repr esentativ es
(Sgd.) MANNY VILL AR
President of the Senate
This Act, which is a consolidation of Senate Bill No. 2137 and House Bill No. 4839 was finally passed by the Senate and the House of
Representatives on February 8, 2007 and February 19, 2007, respectively.
(Sgd.) ROBER TO P . NAZ ARENO
Secretary Gener al
House of Repr esentatives
(Sgd.) OSCAR G. Y ABES
Secretary of the Senate
Appr oved: MAR 06 2007
(Sgd.) GL ORIA MACAP AGAL-ARROYO
Pr esident of the Philippines
Sour ce: CDAsia
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RESOURCES
[PDF] Republic Act No. 9372, March 6, 2007
This e n tr y w as p o ste d u n d er E xe cu tiv e I s su an ce s , L a w s a n d I s su an ce s , L eg is la tu re , R ep ub lic A cts a n d t a g ged E xe cu tiv e I s su an ce s , G lo ria M aca p ag al A rro yo , R ep ub lic A cts .
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S an d ig an b aya n
M an ag ed b y P re sid en tia l C om mun ic a tio ns O pera tio ns O ffi ce ( P C O O)
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