Republic Act No.

9372
Signed on March 6, 2007 (https://www.o;cialgazette.gov.ph/2007/03/06/republic-act-no-9372/)

Republic of the Philippines

Congress of the Philippines
Metro Manila

Thirteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand
six.

[REPUBLIC ACT NO. 9372]

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

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

SECTION 1. Short Title. — This Act shall henceforth be known as the “Human Security Act
of 2007.”

SEC. 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the
national security of the country and to the welfare of the people, and to make terrorism a
crime against the Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights
and fundamental liberties of the people as enshrined in the Constitution.

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

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of

constitutionally recognized powers of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights
which shall be absolute and protected at all times.

SEC. 3. Terrorism. — Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d’Etat), including acts committed by private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction), or under

(1) Presidential Decree No. 1613 (The Law on Arson);

 (2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);

(3) Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

(4) Republic Act No. 6235 (Anti-Hijacking Law);

(5) Presidential Decree No. 532 (Anti-Piracy 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 condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the bene`t of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. — Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as de`ned in Section 3 hereof and decide to commit
the same.

SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the
Revised Penal Code or a conspirator as de`ned in Section 4 hereof, cooperates in the
execution of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one
day to twenty (20) years of imprisonment.
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 SEC. 6. Accessory. — Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy 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 pro`ting himself or
assisting the offender to pro`t by the effects of the crime; (b) by concealing or destroying
the body of the crime, or the effects, or instruments thereof, in order to prevent its
discovery; (c) by harboring, concealing, or assisting in the escape of the principal or
conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by a;nity within the same
degrees, with the single exception of accessories falling within the provisions of
subparagraph (a).

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. — The

provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement o;cial and the members of his team may,
upon a written order of the Court of Appeals, listen to, intercept and record, with the use of
any mode, form, kind or type of electronic or other surveillance equipment or intercepting
and tracking devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken or written
words between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications between

lawyers and clients, doctors and patients, journalists and their sources and con`dential
business correspondence shall not be authorized.
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 SEC. 8. Formal Application for Judicial Authorization. — The written order of the authorizing
division of the Court of Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or written words of any
person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall only be granted by the authorizing division of the Court of Appeals upon an ex parte
written application of a police or of a law enforcement o;cial who has been duly
authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to `le
such ex parte application, and upon examination under oath or a;rmation of the applicant
and the witnesses he may produce to establish: (a) that there is probable cause to believe
based on personal knowledge of facts or circumstances that the said crime of terrorism or
conspiracy to commit terrorism has been committed, or is being committed, or is about to
be committed; (b) that there is probable cause to believe based on personal knowledge of
facts or circumstances that evidence, which is essential to the conviction of any charged
or suspected person for, or to the solution or prevention of, any such crimes, will be
obtained; and, (c) that there is no other effective means readily available for acquiring such
evidence.

SEC. 9. ClassiGcation and Contents of the Order of the Court. — The written order granted by
the authorizing division of the Court of Appeals as well as its order, if any, to extend or
renew the same, the original application of the applicant, including his application to
extend or renew, if any, and the written authorizations of the Anti-Terrorism Council shall be
deemed and are hereby declared as classi`ed information: Provided, That the person being
surveilled or whose communications, letters, papers, messages, conversations,
discussions, spoken or written words and effects have been monitored, listened to, bugged
or recorded by law enforcement authorities has the right to be informed of the acts done by
the law enforcement authorities in the premises or to challenge, if he or she intends to do
so, the legality of the interference before the Court of Appeals which issued the written
order. The written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or
suspected person whose communications, messages, conversations, discussions, or
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 spoken or written words are to be tracked down, tapped, listened to, intercepted, and
recorded and, in the case of radio, electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or spoken or written words, the
electronic transmission systems or the telephone numbers to be tracked down, tapped,
listened to, intercepted, and recorded and their locations or if the person suspected of the
crime of terrorism or conspiracy to commit terrorism is not fully known, such person shall
be subject to continuous surveillance provided there is a reasonable ground to do so; (b)
the identity (name, address, and the police or law enforcement organization) of the police
or of the law enforcement o;cial, including the individual identity (names, addresses, and
the police or law enforcement organization) of the members of his team, judicially
authorized to track down, tap, listen to, intercept, and record the communications,
messages, conversations, discussions, or spoken or written words; (c) the offense or
offenses committed, or being committed, or sought to be prevented; and, (d) the length of
time within which the authorization shall be used or carried out.

SEC. 10. Effective Period of Judicial Authorization. — Any authorization granted by the
authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only
be effective for the length of time speci`ed in the written order of the authorizing division
of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of
receipt of the written order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement o;cial.

The authorizing division of the Court 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, That the authorizing division of the
Court of Appeals is satis`ed that such extension or renewal is in the public interest: and
Provided, further, That the ex parte application for extension or renewal, which must be `led
by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
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 In case of death of the original applicant or in case he is physically disabled to `le the
application for extension or renewal, the one next in rank to the original applicant among
the members of the team named in the original written order of the authorizing division of
the Court of Appeals shall `le the application for extension or renewal: Provided, That,
without prejudice to the liability of the police or law enforcement personnel under Section
20 hereof, the applicant police or law enforcement o;cial shall have thirty (30) days after
the termination of the period granted by the Court of Appeals as provided in the preceding
paragraphs within which to `le the appropriate case before the Public Prosecutor’s O;ce
for any violation of this Act.

If no case is `led within the thirty (30)-day period, the applicant police or law enforcement
o;cial shall immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and recording. The
penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon the applicant police or law enforcement o;cial who fails to notify the
person subject of the surveillance, monitoring, interception and recording as speci`ed
above.

SEC. 11. Custody of Intercepted and Recorded Communications. — All tapes, discs, and
recordings made pursuant to the authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as all written notes or
memoranda made in connection therewith, shall, within forty-eight (48) hours after the
expiration of the period `xed in the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of any extension or renewal
granted by the authorizing division of the Court of Appeals, be deposited with the
authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the
case may be, and shall be accompanied by a joint a;davit of the applicant police or law
enforcement o;cial and the members of his team.
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 In case of death of the applicant or in case he is physically disabled to execute the required
a;davit, the one next in rank to the applicant among the members of the team named in
the written order of the authorizing division of the Court of Appeals shall execute with the
members of the team that required a;davit.

It shall be unlawful for any person, police o;cer or any custodian of the tapes, discs and
recording, and their excerpts and summaries, written notes or memoranda to copy in
whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the
items enumerated above in whole or in part under any pretext whatsoever.

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

SEC. 12. Contents of Joint AJdavit. — The joint a;davit of the police or of the law
enforcement o;cial 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 written notes and memoranda, if any, made in
connection therewith; (b) the dates and times covered by each of such tapes, discs, and
recordings; (c) the number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes and memoranda made in
connection therewith that have been included in the deposit; and (d) the date of the original
written authorization granted by the Anti-Terrorism Council to the applicant to `le the ex
parte application to conduct the tracking down, tapping, intercepting, and recording, as well
as the date of any extension or renewal of the original written authority granted by the
authorizing division of the Court of Appeals.

The joint a;davit 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 duplicates or copies of the
whole or any part of any of such excerpts, summaries, written notes, and memoranda, have
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 been made, or, if made, that all such duplicates and copies are included in the sealed
envelope or sealed package, as the case may be, deposited with the authorizing division of
the Court of Appeals.

It shall be unlawful for any person, police or law enforcement o;cial to omit or exclude
from the joint a;davit any item or portion thereof mentioned in this Section.

Any person, police or law enforcement o;cer 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 to
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 Court of
Appeals, shall be deemed and are hereby declared classi`ed information, and the sealed
envelope or sealed package shall not be opened and its contents (including the tapes,
discs, and recordings and all the excerpts and summaries thereof and the notes and
memoranda made in connection therewith) shall not be divulged, revealed, read, replayed,
or used as evidence unless authorized by written order of the authorizing division of the
Court of Appeals, which written order shall be granted only upon a written application of
the Department of Justice `led before the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice has been duly authorized in writing by
the Anti-Terrorism Council to `le the application with proper written notice the person
whose conversation, communication, message discussion or spoken or written words have
been the subject of surveillance, monitoring, recording and interception to open, reveal,
divulge, and use the contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement o;cial or judicial authority who violates his duty to notify in
writing the persons subject of the surveillance as de`ned above shall suffer the penalty of
six years and one day to eight years of imprisonment.
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 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 classi`ed contents; (c) for
replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith); and, (d) for using any of said listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written
words (including any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.

Any person, law enforcement o;cial or judicial authority who violates his duty to notify as
de`ned above shall suffer the penalty of six years and one day to eight years of
imprisonment.

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

SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. — Any
police or law enforcement personnel who, not being authorized to do so by the authorizing
division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in
whatever manner or form any communication, message, conversation, discussion, or
spoken or written word of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
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 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 disquali`cation from public o;ce shall be
imposed upon any police or law enforcement personnel who maliciously obtained an
authority from the Court of Appeals to track down, tap, listen to, intercept, and record in
whatever manner or form any communication, message, conversation, discussion, or
spoken or written words of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of this Act, the
party aggrieved by such authorization shall be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the prosecution of any police or
law enforcement personnel who maliciously procured said authorization.

SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. — Any

organization, association, or group of persons organized for the purpose of engaging in
terrorism, or which, although not organized for that purpose, actually uses the acts to
terrorize mentioned in this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the government to give
in to an unlawful demand shall, upon application of the Department of Justice before a
competent Regional Trial Court, with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned, be declared as a terrorist and
outlawed organization, association, or group of persons by the said Regional Trial Court.

SEC. 18. Period of Detention Without Judicial Warrant of Arrest. — The provisions of Article
125 of the Revised Penal Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of the crime of terrorism
or the crime of conspiracy 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
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 arrested, detained, and taken into custody by the said police, or law enforcement
personnel: Provided, That the arrest of those suspected of the crime of terrorism or
conspiracy 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 enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter’s
residence or o;ce nearest the place where the arrest took place at any time of the day or
night. It shall be the duty of the judge, among other things, to ascertain the identity of the
police or law enforcement personnel and the person or persons they have arrested and
presented before him or her, to inquire of them the reasons why they have arrested the
person and determine by questioning and personal observation whether or not the suspect
has been subjected to any physical, moral or psychological torture by whom and why. The
judge shall then submit a written report of what he/she had observed when the subject
was brought before him to the proper court that has jurisdiction over the case of the
person thus arrested. The judge shall forthwith submit his/her report within three calendar
days from the time the suspect was brought to his/her residence or o;ce.

Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest:
Provided, That where the arrest is made during Saturdays, Sundays, holidays or after o;ce
hours, the written notice shall be served 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 enforcement personnel who fails to notify and judge as
provided in the preceding paragraph.
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 SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. — In the
event of an actual or imminent terrorist attack, suspects may not be detained for more than
three days without the written approval of a municipal, city, provincial or regional o;cial of
a Human Rights Commission or judge of the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the
arrest is made during Saturdays, Sundays, holidays or after o;ce hours, the arresting
police or law enforcement personnel shall bring the person thus arrested to the residence
of any of the o;cials mentioned above that is nearest the place where the accused was
arrested. The approval in writing of any of the said o;cials shall be secured by the police
or law enforcement personnel concerned within `ve 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 terror attack or threat is not established, shall be
released immediately.

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

SEC. 21. Rights of a Person under Custodial Detention. — The moment a person charged
with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
is apprehended or arrested and detained, he shall forthwith be informed, by the arresting
police or law enforcement o;cers or by the police or law enforcement o;cers to whose
custody 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 have competent and independent
counsel preferably of his choice. If the person cannot afford the services of counsel of his
or her choice, the police or law enforcement o;cers concerned shall immediately contact
the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public
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 Attorney’s O;ce (PAO). It shall be the duty of the free legal assistance unit of the IBP or the
PAO thus contacted to immediately visit the person(s) detained and provide him or her with
legal assistance. These rights cannot be waived except in writing and in the presence of
the counsel of choice; (b) informed of the cause or causes of his detention in the presence
of his legal counsel; (c) allowed to communicate freely with his legal counsel and to confer
with them at any time without restriction; (d) allowed to communicate freely and privately
without restrictions with the members of his family or with his nearest relatives and to be
visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of
choice.

SEC. 22. Penalty for Violation of the Rights of a Detainee. — Any police or law enforcement
personnel, or any personnel of the police or other law enforcement custodial unit that
violates any of the aforesaid rights of a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

Unless the police or law enforcement personnel who violated the rights of a detainee or
detainees as stated above is duly identi`ed, the same penalty shall be imposed on the
police o;cer or hear or leader of the law enforcement unit having custody of the detainee
at the time the violation was done.

SEC. 23. Requirement for an OJcial Custodial Logbook and its Contents. — The police or
other law enforcement custodial unit in whose care and control the person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has
been placed under custodial arrest and detention shall keep a securely and orderly
maintained o;cial logbook, which is hereby declared as a public document and opened to
and made available for the inspection and scrutiny of the lawyer or lawyers of the person
under custody or any member of his or her family or relative by consanguinity or a;nity
within the fourth civil degree or his or her physician at any time of the day or night without
any form of restriction. The logbook shall contain a clear and concise record of: (a) the
name, description, and address of the detained person; (b) the date and exact time of his
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 initial admission for custodial arrest and detention; (c) the name and address of the
physician or physicians who examined him physically and medically; (d) the state of his
health and physical condition at the time of his initial admission for custodial detention; (e)
the date and time of each removal of the detained person from his cell for interrogation or
for any purpose; (f) the date and time of his 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 `ndings 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 with his legal counsel or
counsels; (m) the date and time of each visit, and date and time of each departure of his
legal counsel or counsels; and, (n) all other important events bearing on and all relevant
details regarding the treatment of the detained person while under custodial arrest and
detention.

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

The police or other law enforcement custodial unit who fails to comply with the preceding
paragraph to keep an o;cial logbook shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
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 SEC. 24. No Torture or Coercion in Investigation and Interrogation. — No threat, intimidation,
or coercion, and no act which will incict any form of physical pain or torment, or mental,
moral, or psychological pressure, on the detained person, which shall vitiate his free-will,
shall be employed in his investigation and interrogation for the crime of terrorism or the
crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation, or coercion, or from such incicted
physical pain or torment, or mental, moral, or psychological pressure, shall be, in its
entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial,
legislative, or administrative, investigation, inquiry, proceeding, or hearing.

SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. — Any person or persons who use threat, intimidation,
or coercion, or who incict physical pain or torment, or mental, moral, or psychological
pressure, which shall vitiate the free-will of a charged or suspected person under
investigation and interrogation for the crime of terrorism or the crime of conspiracy to
commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12)
years and one day to twenty (20) years of imprisonment.

When death or serious permanent disability of said detained person occurs as a

consequence of the use of such threat, intimidation, or coercion, or as a consequence of
the inciction on him of such physical pain or torment, or as a consequence of the inciction
on him of such mental, moral, or psychological pressure, the penalty shall be twelve (12)
years and one day to twenty (20) years of imprisonment.

SEC. 26. Restriction on Travel. — In cases where evidence of guilt is not strong, and the
person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon application by the prosecutor, 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
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 Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without
the authorization of the court, shall be deemed a violation of the terms and conditions of
his bail, which shall then be forfeited as provided under the Rules of Court.

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

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

The restrictions abovementioned shall be terminated upon the acquittal of the accused or
of the dismissal of the case `led against him or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.

SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records.
— The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding,
the justices of the Court of Appeals designated as a special court to handle anti-terrorism
cases after satisfying themselves of the existence of probable cause in a hearing called for
that purpose that: (1) a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist
organization, association, or group of persons; and (3) of a member of such judicially
declared and outlawed organization, association, or group of persons, may authorize in
writing any police or law enforcement o;cer and the members of his/her team duly
authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination
of, the deposits, placements, trust accounts, assets and records in a bank or `nancial
institution; and (b) gather or cause the gathering of any relevant information about such
deposits, placements, trust accounts, assets, and records from a bank or `nancial
institution. The bank or `nancial institution concerned shall not refuse to allow such
examination or to provide the desired information, when so ordered by and served with the
written order of the Court of Appeals.
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 SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. — The written order
of the Court of Appeals authorizing the examination of bank deposits, placements, trust
accounts, assets, and records: (1) of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed
terrorist organization, association, or group of persons, or (3) of any member of such
organization, association, or group of persons in a bank or `nancial institution, and the
gathering of any relevant information about the same from said bank or `nancial
institution, shall only be granted by the authorizing division of the Court of Appeals upon an
ex parte application to that effect of a police or of a law enforcement o;cial who has been
duly authorized in writing to `le such ex parte application by the Anti-Terrorism Council
created in Section 53 of this Act to `le such ex parte application, and upon examination
under oath or a;rmation of the applicant and the witnesses he may produce to establish
the facts that will justify the need and urgency of examining and freezing the bank
deposits, placements, trust accounts, assets, and records: (1) of the person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of a judicially
declared and outlawed terrorist organization, association or group of persons; or (3) of any
member of such organization, association, or group of persons.

SEC. 29. ClassiGcation and Contents of the Court Order Authorizing the Examination of Bank
Deposits, Accounts, and Records. — The written order granted by the authorizing division of
the Court of Appeals as well as its order, if any, to extend or renew the same, the original ex
parte application of the applicant, including his ex parte application to extend or renew, if
any, and the written authorizations of the Anti-Terrorism Council, shall be deemed and are
hereby declared as classi`ed information: Provided, That the person whose bank deposits,
placements, trust accounts, assets, and records have been examined, frozen, sequestered
and seized by law enforcement authorities has the right to be informed of the acts done by
the law enforcement authorities in the premises or to challenge, if he or she intends to do
so, the legality of the interference. The written order of the authorizing division of the Court
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 terrorism or conspiracy to
:
 commit terrorism; (2) judicially declared and outlawed terrorist organization, association,
or group of persons; and (3) member of such judicially declared and outlawed organization,
association, or group of persons, as the case may be, whose deposits, placements, trust
accounts, assets, and records are to be examined or the information to be gathered; (b) the
identity of the bank or `nancial 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. Effective Period of Court Authorization to Examine and Obtain Information on Bank
Deposits, Accounts, and Records. — The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the examination of and to freeze bank
deposits, placements, trust accounts, assets, and records, or to gather information about
the same, shall be effective for the length of time speci`ed in the written order of the
authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30)
days from the date of receipt of the written order of the authorizing division of the Court of
Appeals by the applicant police or law enforcement o;cial.

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

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

If no case is `led within the thirty (30)-day period, the applicant police or law enforcement
o;cial 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 enforcement o;cial who fails to notify in writing the person subject
of the bank examination and freezing of bank deposits, placements, trust accounts, assets
and records.

Any person, law enforcement o;cial or judicial authority who violates his duty to notify in
writing as de`ned 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 Records. — All information, data, excerpts,
summaries, notes, memoranda, working sheets, reports, and other documents obtained
from the examination of the bank deposits, placements, trust accounts, assets and records
of: (1) a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a member of any such organization,
association, or group of persons shall, within forty-eight (48) hours after the expiration of
the period `xed in the written order of the authorizing division of the Court of Appeals or
within forty-eight (48) hours after the expiration of the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing division of
the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall
:
 be accompanied by a joint a;davit of the applicant police or law enforcement o;cial and
the persons who actually conducted the examination of said bank deposits, placements,
trust accounts, assets and records.

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

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

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

Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the
items enumerated above shall suffer a penalty of not less than six years and one day to
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 Court of Appeals,
shall be deemed and are hereby declared classi`ed information and the sealed envelope or
sealed package shall not be opened and its contents shall not be divulged, revealed, read,
or used as evidence unless authorized in a written order of the authorizing division of the
Court of Appeals, which written order shall be granted only upon a written application of
the Department of Justice `led before the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice has been duly authorized in writing by
the Anti-Terrorism Council to `le the application, with notice in writing to the party
concerned not later than three days before the scheduled opening, to open, reveal, divulge,
and use the contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement o;cial or judicial authority who violates his duty to notify in
writing as de`ned 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 sealed package shall clearly state the purpose and reason:
(a) for opening the sealed envelope or sealed package; (b) for revealing and disclosing its
classi`ed contents; and, (c) for using the classi`ed information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and documents as evidence.
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 SEC. 35. Evidentiary Value of Deposited Bank Materials. — Any information, data, excerpts,
summaries, notes, memoranda, work sheets, reports, or documents acquired from the
examination of the bank deposits, placements, trust accounts, assets and records of: (1) a
person charged or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism: (2) a judicially declared and outlawed terrorist organization, association,
or group of persons; or (3) a member of such organization, association, or group of
persons, which have been secured in violation of the provisions of this Act, shall absolutely
not be admissible and usable as evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing.

SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial

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

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

SEC. 37. Penalty of Bank OJcials and Employees Defying a Court Authorization. — An
employee, o;cial, or a member of the board of directors of a bank or `nancial institution,
who refuses to allow the examination of the deposits, placements, trust accounts, assets,
and records of: (1) a person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed
organization, association, or group of persons; or (3) a member of such judicially declared
and outlawed organization, association, or group of persons in said bank or `nancial
institution, when duly served with the written order of the authorizing division of the Court
of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.

SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in
Joint AJdavits. — Any false or untruthful statement or misrepresentation of material fact in
the joint a;davits required respectively in Section 12 and Section 32 of this Act shall
constitute a criminal offense and the a;ants shall suffer individually the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.

SEC. 39. Seizure and Sequestration. — The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any bank or `nancial institution,
moneys, businesses, transportation and communication equipment, supplies and other
implements, and property of whatever kind and nature belonging: (1) to any person
suspected of or charged before a competent Regional Trial Court for the crime of terrorism
or the crime of conspiracy to commit terrorism; (2) to a judicially declared and outlawed
organization, association, or group of persons; or (3) to a member of such organization,
association, or group of persons shall be seized, sequestered, and frozen in order to
prevent their use, transfer, or conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
:
 The accused or a person suspected of may withdraw such sums as may be reasonably
needed by the monthly needs of his family including the services of his or her counsel and
his or her family’s medical needs upon approval of the court. He or she may also use any of
his property that is under seizure or sequestration or frozen because of his/her indictment
as a terrorist upon permission of the court for any legitimate reason.

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

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

SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Record. — If the person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism is found, after his investigation, to be
innocent by the investigating body, or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court, the seizure, sequestration and
freezing of his bank deposits, placements, trust accounts, assets and records shall
forthwith be deemed lifted by the investigating body or by the competent court, as the case
:
 may be, and his bank deposits, placements, trust accounts, assets and records shall be
deemed released from such seizure, sequestration and freezing, and shall be restored to
him without any delay by the bank or `nancial institution concerned without any further
action on his part. The `ling of any appeal on motion for reconsideration shall not state the
release of said funds from seizure, sequestration and freezing.

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

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

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

SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — Any person who
is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the
seized, sequestered and frozen bank deposits, placements, trust accounts, assets and
:
 records of a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.

SEC. 44. InGdelity in the Custody of Detained Persons. — Any public o;cer who has direct
custody of a detained person or under the provisions of this Act and who by his deliberate
act, misconduct, or inexcusable negligence causes or allows the escape of such detained
person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years
and one day to twenty (20) years of imprisonment, if the detained person has already been
convicted and sentenced in a `nal 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 `nal judgment of a competent court.

SEC. 45. Immunity and Protection of Government Witnesses. — The provisions of Republic
Act No. 6981 (Witness Protection, Security and Bene`ts Act) to the contrary
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 Court: Provided, however, That
said witnesses shall be entitled to bene`ts granted to witnesses under said Republic Act
No. 6981.

SEC. 46. Penalty for Unauthorized Revelation of ClassiGed 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 enforcement agent, judicial o;cer or civil servant who, not being
authorized by the Court of Appeals to do so, reveals in any manner or form any classi`ed
information under this Act.

SEC. 47. Penalty for Furnishing False Evidence, Forged 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.
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 SEC. 48. Continuous Trial. — In cases of terrorism or conspiracy to commit terrorism, the
judge shall set the continuous trial on a daily basis from Monday to Friday or other short-
term trial calendar so as to 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 provision of this Act, upon a valid complaint or information or other formal charge
su;cient in form and substance to sustain a conviction and after the accused had pleaded
to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is necessarily included in the offense
charged under this Act.

SEC. 50. Damages for Unproven Charge of Terrorism. — Upon acquittal, any person who is
accused of terrorism shall be entitled to the payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for every day that he or she has been detained or
deprived of liberty or arrested without a warrant as a result of such an accusation. The
amount of damages shall be automatically charged against the appropriations of the
police agency or the Anti-Terrorism Council that brought or sanctioned the `ling of the
charges against the accused. It shall also be released within `fteen (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 `le criminal or administrative
charges against those responsible for charging him with the case of terrorism.

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

If the deductions are less than the amounts due to the detained persons, the amount
needed to complete the compensation shall be taken from the current appropriations for
intelligence, emergency, social or other funds of the O;ce of the President.
:
 In the event that the amount cannot be covered by the current budget of the police or law
enforcement agency concerned, the amount shall be automatically included in the
appropriations of the said agency for the coming year.

SEC. 51. Duty to Record and Report the Name and Address of the Informant. — The police or
law enforcement o;cers to whom the name or a suspect in the crime of terrorism was `rst
revealed shall record the real name and the speci`c address of the informant.

The police or law enforcement o;cials concerned shall report the informant’s name and
address to their superior o;cer who shall transmit the information to the Congressional
Oversight Committee or to the proper court within `ve days after the suspect was placed
under arrest or his properties were sequestered, seized or frozen.

The name and address of the informant shall be considered con`dential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been
terminated.

SEC. 52. Applicability of the Revised Penal Code. — The provisions of Book I of the Revised
Penal Code shall be applicable to this Act.

SEC. 53. Anti-Terrorism Council. — An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the “Council,” is hereby created. The members of the Council are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to
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 such security classi`cations 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 de`ne the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation,
the Bureau of Immigration, the O;ce of Civil Defense, the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, e;cient, and effective
anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism
in the 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-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 pertinent laws.

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

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country
and mobilize the entire nation against terrorism prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or detained for
the crime of terrorism or conspiracy to commit terrorism and other offenses punishable
under this Act, and monitor the progress of their cases;
:
 4. Establish and maintain comprehensive data-base information system on terrorism,
terrorist activities, and counter-terrorism operations;

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

6. 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 terrorism or conspiracy to commit terrorism;

7. Establish and maintain coordination with and the cooperation and assistance of other
nations in the struggle against international terrorism; and

8. Request the Supreme Court to designate speci`c divisions of the Court of Appeals and
Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to
handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all
matters incident to said crimes. The Secretary of Justice shall assign a team of
prosecutors from: (a) Luzon to handle terrorism cases `led in the Regional Trial Court in
Manila; (b) from the Visayas to handle cases `led in Cebu City; and (c) from Mindanao to
handle cases `led in Cagayan de Oro City.

SEC. 55. Role of the Commission on Human Rights. — The Commission on Human Rights
shall give the highest priority to the investigation and prosecution of violations of civil and
political rights of persons in relation to the implementation of this Act; and for this purpose,
the Commission shall have the concurrent jurisdiction to prosecute public o;cials, law
enforcers, and other persons who may have violated the civil and political rights of persons
suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.
:
 SEC. 56. Creation of a Grievance Committee. — There is hereby created a Grievance
Committee composed of the Ombudsman, as chair, and the Solicitor General, and an
undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate
complaints against the actuations of the police and law enforcement o;cials in the
implementation of this Act. The Committee shall hold o;ce in Manila.

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

SEC. 57. Ban on Extraordinary Rendition. — No person suspected or convicted of the crime
of terrorism shall be subjected to extraordinary rendition to any country unless his or her
testimony is needed for terrorist related police investigations or judicial trials in the said
country and unless his or her human rights, including the right against torture, and right to
counsel, are o;cially assured by the requesting country and transmitted accordingly and
approved by the Department of Justice.

SEC. 58. Extra-Territorial Application of this Act. — Subject to the provision of an existing
treaty of which the Philippines is a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply: (1) to individual persons who
commit any of the crimes de`ned and punished in this Act within the terrestrial domain,
interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons
:
 who, although physically outside the territorial limits of the Philippines, commit, conspire or
plot to commit any of the crimes de`ned and punished in this Act inside the territorial
limits of the Philippines; (3) to individual persons who, although physically outside the
territorial limits of the Philippines, commit any of the said crimes on board Philippine ship
or Philippine airship; (4) to individual persons who commit any of said crimes within any
embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an o;cial capacity; (5) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said crimes against Philippine
citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor
in the commission of the crime; and (6) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said crimes directly against the
Philippine government.

SEC. 59. Joint Oversight Committee. — There is hereby created a Joint Oversight
Committee to oversee the implementation of this Act.

The Oversight Committee shall be composed of `ve 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 speci`ed 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
`rst six months and the House for the next six months. In every case, the ranking
opposition or minority member of the Committee shall be the Vice Chair.

Upon the expiration of one year after this Act is approved by the President, the Committee
shall review the Act particularly the provisions that authorize the surveillance of suspects
of or persons charged with the crime of terrorism. To that end, the Committee shall
summon the police and law enforcement o;cers and the members of the Anti-Terrorism
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
terrorism have been dealt with in their custody and from the date when the movements of
the latter were subjected to surveillance and his or her correspondences, messages,
conversations and the like were listened to or subjected to monitoring, recording and
tapping.

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

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

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

SEC. 61. Repealing Clause. — All laws, decrees, executive orders, rules or regulations or
parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or
modi`ed accordingly.

SEC. 62. Special Effectivity Clause. — After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three
newspapers of local circulation, one each in 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, Davao and General Santos
city.
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 The title of the Act and its provisions de`ning the acts of terrorism 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 `ve radio and television networks, one each in Lanao del Sur,
Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
newspapers of 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 above shall have been done, the Act shall take effect two
months after the elections are held in May 2007.

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

Approved,

(Sgd.) JOSE DE VENECIA, JR. (Sgd.) MANNY VILLAR

Speaker of the House President of the Senate
of Representatives

This Act, which is a consolidation of Senate Bill No. 2137 and House Bill No. 4839 was
`nally passed by the Senate and the House of Representatives on February 8, 2007 and
February 19, 2007, respectively.

(Sgd.) ROBERTO P. NAZARENO (Sgd.) OSCAR G. YABES

Secretary General Secretary of the Senate
House of Representatives

Approved: MAR 06 2007

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 (Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Source: CDAsia (http://www.cdasia.com/)

RESOURCES

[PDF] Republic Act No. 9372, March 6, 2007

(http://www.o;cialgazette.gov.ph/downloads/2007/03mar/20070306-RA-9372-
GMA.pdf)

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