[REPUBLIC ACT NO. 9372] b.

Article 134 (Rebellion or Insurrection);

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM c. Article 134-a (Coup d’Etat), including acts committed by private persons;

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress d. Article 248 (Murder);
assembled:
e. Article 267 (Kidnapping and Serious Illegal Detention);
SECTION 1. Short Title. — This Act shall henceforth be known as the “Human Security Act
of 2007.” f. Article 324 (Crimes Involving Destruction), or under

SEC. 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, (1) Presidential Decree No. 1613 (The Law on Arson);
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. (2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990);
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. (3) Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

The State recognizes that the fight against terrorism requires a comprehensive approach, (4) Republic Act No. 6235 (Anti-Hijacking Law);
comprising political, economic, diplomatic, military, and legal means duly taking into
account the root causes of terrorism without acknowledging these as justifications for (5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
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 (6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
promoting equitable economic development. Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
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 thereby sowing and creating a condition of widespread and extraordinary fear and panic
understood, however that the exercise of the constitutionally recognized powers of the among the populace, in order to coerce the government to give in to an unlawful demand
executive department of the government shall not prejudice respect for human rights which shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
shall be absolute and protected at all times. imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
SEC. 3. Terrorism. — Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code: 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.
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
There is conspiracy when two or more persons come to an agreement concerning the Provided, That surveillance, interception and recording of communications between lawyers
commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the and clients, doctors and patients, journalists and their sources and confidential business
same. correspondence shall not be authorized.

SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the SEC. 8. Formal Application for Judicial Authorization. — The written order of the
Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and
execution of either the crime of terrorism or conspiracy to commit terrorism by previous or record communications, messages, conversations, discussions, or spoken or written
simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day words of any person suspected of the crime of terrorism or the crime of conspiracy to
to twenty (20) years of imprisonment. 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 official who
SEC. 6. Accessory. — Any person who, having knowledge of the commission of the crime of has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of
terrorism or conspiracy to commit terrorism, and without having participated therein, either this Act to file such ex parte application, and upon examination under oath or affirmation of
as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part the applicant and the witnesses he may produce to establish:
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the (a) that there is probable cause to believe based on personal knowledge of facts or
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) circumstances that the said crime of terrorism or conspiracy to commit terrorism has been
by harboring, concealing, or assisting in the escape of the principal or conspirator of the committed, or is being committed, or is about to be committed; (b) that there is probable
crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of cause to believe based on personal knowledge of facts or circumstances that evidence, which
imprisonment. 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
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be means readily available for acquiring such evidence.
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same SEC. 9. Classification and Contents of the Order of the Court. — The written order granted
degrees, with the single exception of accessories falling within the provisions of by the authorizing division of the Court of Appeals as well as its order, if any, to extend or
subparagraph (a). 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
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. — The deemed and are hereby declared as classified information: Provided, That the person being
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary surveilled or whose communications, letters, papers, messages, conversations, discussions,
notwithstanding, a police or law enforcement official and the members of his team may, spoken or written words and effects have been monitored, listened to, bugged or recorded by
upon a written order of the Court of Appeals, listen to, intercept and record, with the use law enforcement authorities has the right to be informed of the acts done by the law
of any mode, form, kind or type of electronic or other surveillance equipment or intercepting enforcement authorities in the premises or to challenge, if he or she intends to do so, the
and tracking devices, or with the use of any other suitable ways and means for that purpose, legality of the interference before the Court of Appeals which issued the written order. The
any communication, message, conversation, discussion, or spoken or written words between written order of the authorizing division of the Court of Appeals shall specify the
members of a judicially declared and outlawed terrorist organization, association, or group of following: (a) the identity, such as name and address, if known, of the charged or suspected
persons or of any person charged with or suspected of the crime of terrorism or conspiracy to person whose communications, messages, conversations, discussions, or spoken or written
commit terrorism. 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 penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed
terrorism is not fully known, such person shall be subject to continuous surveillance provided upon the applicant police or law enforcement official who fails to notify the person subject of
there is a reasonable ground to do so; (b) the identity (name, address, and the police or law the surveillance, monitoring, interception and recording as specified above.
enforcement organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement organization) of the SEC. 11. Custody of Intercepted and Recorded Communications. — All tapes, discs, and
members of his team, judicially authorized to track down, tap, listen to, intercept, and record recordings made pursuant to the authorization of the authorizing division of the Court of
the communications, messages, conversations, discussions, or spoken or written words; (c) Appeals, including all excerpts and summaries thereof as well as all written notes or
the offense or offenses committed, or being committed, or sought to be prevented; and, (d) memoranda made in connection therewith, shall, within forty-eight (48) hours after the
the length of time within which the authorization shall be used or carried out. expiration of the period fixed 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
SEC. 10. Effective Period of Judicial Authorization. — Any authorization granted by the granted by the authorizing division of the Court of Appeals, be deposited with the
authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as
be effective for the length of time specified in the written order of the authorizing division the case may be, and shall be accompanied by a joint affidavit of the applicant police or
of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date law enforcement official and the members of his team.
of receipt of the written order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement official. In case of death of the applicant or in case he is physically disabled to execute the required
affidavit, the one next in rank to the applicant among the members of the team named in the
The authorizing division of the Court of Appeals may extend or renew the said written order of the authorizing division of the Court of Appeals shall execute with the
authorization for another non-extendible period, which shall not exceed thirty (30) days members of the team that required affidavit.
from the expiration of the original period: Provided, That the authorizing division of the
Court of Appeals is satisfied that such extension or renewal is in the public interest: It shall be unlawful for any person, police officer or any custodian of the tapes, discs and
and Provided, further, That the ex parte application for extension or renewal, which must be recording, and their excerpts and summaries, written notes or memoranda to copy in
filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the
Council. items enumerated above in whole or in part under any pretext whatsoever.

In case of death of the original applicant or in case he is physically disabled to file the Any person who removes, deletes, expunges, incinerates, shreds or destroys the items
application for extension or renewal, the one next in rank to the original applicant among the enumerated above shall suffer a penalty of not less than six years and one day to twelve (12 )
members of the team named in the original written order of the authorizing division of the years of imprisonment.
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 20 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the SEC. 12. Contents of Joint Affidavit. — The joint affidavit of the police or of the law
termination of the period granted by the Court of Appeals as provided in the preceding enforcement official and the individual members of his team shall state: (a) the number of
paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for tapes, discs, and recordings that have been made, as well as the number of excerpts and
any violation of this Act. 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
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement and summaries thereof and the number of written notes and memoranda made in connection
official shall immediately notify the person subject of the surveillance, interception and therewith that have been included in the deposit; and (d) the date of the original written
recording of the termination of the said surveillance, interception and recording. The authorization granted by the Anti-Terrorism Council to the applicant to file the ex
parte application to conduct the tracking down, tapping, intercepting, and recording, as well SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. — The written
as the date of any extension or renewal of the original written authority granted by the application with notice to the party concerned to open the deposited sealed envelope or sealed
authorizing division of the Court of Appeals. 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,
The joint affidavit shall also certify under oath that no duplicates or copies of the whole divulging, and or reading any of the listened to, intercepted, and recorded communications,
or any part of any of such tapes, discs, and recordings, and that no duplicates or copies of messages, conversations, discussions, or spoken or written words (including any of the
the whole or any part of any of such excerpts, summaries, written notes, and memoranda, excerpts and summaries thereof and any of the notes or memoranda made in connection
have been made, or, if made, that all such duplicates and copies are included in the sealed therewith); and, (d) for using any of said listened to, intercepted, and recorded
envelope or sealed package, as the case may be, deposited with the authorizing division of the communications, messages, conversations, discussions, or spoken or written words (including
Court of Appeals. any of the excerpts and summaries thereof and any of the notes or memoranda made in
connection therewith) as evidence.
It shall be unlawful for any person, police or law enforcement official to omit or exclude
from the joint affidavit any item or portion thereof mentioned in this Section. Any person, law enforcement official or judicial authority who violates his duty to notify as
defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
Any person, police or law enforcement 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 to
twelve (12) 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
SEC. 13. Disposition of Deposited Material. — The sealed envelope or sealed package and existence, content, substance, purport, effect, or meaning, which have been secured in
the contents thereof, which are deposited with the authorizing division of the Court of violation of the pertinent provisions of this Act, shall absolutely not be admissible and
Appeals, shall be deemed and are hereby declared classified information, and the sealed usable as evidence against anybody in any judicial, quasi-judicial, legislative, or
envelope or sealed package shall not be opened and its contents (including the tapes, discs, administrative investigation, inquiry, proceeding, or hearing.
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 SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. — Any
Appeals, which written order shall be granted only upon a written application of the police or law enforcement personnel who, not being authorized to do so by the authorizing
Department of Justice filed before the authorizing division of the Court of Appeals and only division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in
upon a showing that the Department of Justice has been duly authorized in writing by the whatever manner or form any communication, message, conversation, discussion, or spoken
Anti-Terrorism Council to file the application with proper written notice the person whose or written word of a person charged with or suspected of the crime of terrorism or the crime
conversation, communication, message discussion or spoken or written words have been the of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of
subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and ten (10) years and one day to twelve (12) years of imprisonment.
use the contents of the sealed envelope or sealed package as evidence.
In addition to the liability attaching to the offender for the commission of any other offense,
Any person, law enforcement official or judicial authority who violates his duty to notify in the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the
writing the persons subject of the surveillance as defined above shall suffer the penalty of six accessory penalty of perpetual absolute disqualification from public office shall be imposed
years and one day to eight years of imprisonment. 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 person thus arrested. The judge shall forthwith submit his/her report within three calendar
terrorism: Provided, That notwithstanding Section 13 of this Act, the party aggrieved by such days from the time the suspect was brought to his/her residence or office.
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 Immediately after taking custody of a person charged with or suspected of the crime of
who maliciously procured said authorization. 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,
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. — Any That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the
organization, association, or group of persons organized for the purpose of engaging in written notice shall be served at the residence of the judge nearest the place where the
terrorism, or which, although not organized for that purpose, actually uses the acts to accused was arrested.
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 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
give in to an unlawful demand shall, upon application of the Department of Justice before a imposed upon the police or law enforcement personnel who fails to notify and judge as
competent Regional Trial Court, with due notice and opportunity to be heard given to the provided in the preceding paragraph.
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. 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
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. — The provisions of than three days without the written approval of a municipal, city, provincial or regional
Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law official of a Human Rights Commission or judge of the municipal, regional trial court,
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If
Council has taken custody of a person charged with or suspected of the crime of the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting
terrorism or the crime of conspiracy to commit terrorism shall , without incurring any police or law enforcement personnel shall bring the person thus arrested to the residence of
criminal liability for delay in the delivery of detained persons to the proper judicial any of the officials mentioned above that is nearest the place where the accused was arrested.
authorities, deliver said charged or suspected person to the proper judicial authority within a The approval in writing of any of the said officials shall be secured by the police or law
period of three days counted from the moment the said charged or suspected person has enforcement personnel concerned within five days after the date of the detention of the
been apprehended or arrested, detained, and taken into custody by the said police, or law persons concerned: Provided, however, That within three days after the detention the
enforcement personnel: Provided, That the arrest of those suspected of the crime of suspects, whose connection with the terror attack or threat is not established, shall be released
terrorism or conspiracy to commit terrorism must result from the surveillance under immediately.
Section 7 and examination of bank deposits under Section 27 of this Act.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within
The police or law enforcement personnel concerned shall, before detaining the person Three Days. — The penalty of ten (10) years and one day to twelve (12) years of
suspected of the crime of terrorism, present him or her before any judge at the latter’s imprisonment shall be imposed upon any police or law enforcement personnel who has
residence or office nearest the place where the arrest took place at any time of the day or apprehended or arrested, detained and taken custody of a person charged with or suspected of
night. It shall be the duty of the judge, among other things, to ascertain the identity of the the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or
police or law enforcement personnel and the person or persons they have arrested and suspected person to the proper judicial authority within the period of three days.
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 SEC. 21. Rights of a Person under Custodial Detention. — The moment a person charged
why. The judge shall then submit a written report of what he/she had observed when the with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is
subject was brought before him to the proper court that has jurisdiction over the case of the apprehended or arrested and detained, he shall forthwith be informed, by the arresting
police or law enforcement officers or by the police or law enforcement officers to whose of the detained person from his cell for interrogation or for any purpose; (f) the date and time
custody the person concerned is brought, of his or her right: (a) to be informed of the of his return to his cell; (g) the name and address of the physician or physicians who
nature and cause of his arrest, to remain silent and to have competent and independent physically and medically examined him after each interrogation; (h) a summary of the
counsel preferably of his choice. If the person cannot afford the services of counsel of his or physical and medical findings on the detained person after each of such interrogation; (i) the
her choice, the police or law enforcement officers concerned shall immediately contact the names and addresses of his family members and nearest relatives, if any and if available; (j)
free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public the names and addresses of persons who visit the detained person; (k) the date and time of
Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the each of such visits; (1) the date and time of each request of the detained person to
PAO thus contacted to immediately visit the person(s) detained and provide him or her with communicate and confer with his legal counsel or counsels; (m) the date and time of each
legal assistance. These rights cannot be waived except in writing and in the presence of the visit, and date and time of each departure of his legal counsel or counsels; and, (n) all other
counsel of choice; (b) informed of the cause or causes of his detention in the presence of his important events bearing on and all relevant details regarding the treatment of the detained
legal counsel; (c) allowed to communicate freely with his legal counsel and to confer with person while under custodial arrest and detention.
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 The said police or law enforcement custodial unit shall upon demand of the aforementioned
them; and, (e) allowed freely to avail of the service of a physician or physicians of choice. lawyer or lawyers or members of the family or relatives within the fourth civil degree of
consanguinity or affinity of the person under custody or his or her physician issue a certified
SEC. 22. Penalty for Violation of the Rights of a Detainee. — Any police or law enforcement true copy of the entries of the logbook relative to the concerned detained person without
personnel, or any personnel of the police or other law enforcement custodial unit that violates delay or restriction or requiring any fees whatsoever including documentary stamp tax,
any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or notarial fees, and the like. This certified true copy may be attested by the person who has
the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the custody of the logbook or who allowed the party concerned to scrutinize it at the time the
penalty of ten (10) years and one day to twelve (12) years of imprisonment. demand for the certified true copy is made.

Unless the police or law enforcement personnel who violated the rights of a detainee or The police or other law enforcement custodial unit who fails to comply with the preceding
detainees as stated above is duly identified, the same penalty shall be imposed on the police paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to
officer or hear or leader of the law enforcement unit having custody of the detainee at the twelve (12) years of imprisonment.
time the violation was done.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. — No threat,
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. — The police or intimidation, or coercion, and no act which will inflict any form of physical pain or torment,
other law enforcement custodial unit in whose care and control the person charged with or or mental, moral, or psychological pressure, on the detained person, which shall vitiate his
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been free-will, shall be employed in his investigation and interrogation for the crime of terrorism
placed under custodial arrest and detention shall keep a securely and orderly maintained or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said
official logbook, which is hereby declared as a public document and opened to and made detained person resulting from such threat, intimidation, or coercion, or from such inflicted
available for the inspection and scrutiny of the lawyer or lawyers of the person under custody physical pain or torment, or mental, moral, or psychological pressure, shall be, in its entirety,
or any member of his or her family or relative by consanguinity or affinity within the fourth absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or
civil degree or his or her physician at any time of the day or night without any form of administrative, investigation, inquiry, proceeding, or hearing.
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 SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
custodial arrest and detention; (c) the name and address of the physician or physicians who Interrogation of a Detained Person. — Any person or persons who use threat, intimidation,
examined him physically and medically; (d) the state of his health and physical condition at or coercion, or who inflict physical pain or torment, or mental, moral, or psychological
the time of his initial admission for custodial detention; (e) the date and time of each removal
pressure, which shall vitiate the free-will of a charged or suspected person under declared and outlawed organization, association, or group of persons, may authorize in
investigation and interrogation for the crime of terrorism or the crime of conspiracy to writing any police or law enforcement officer and the members of his/her team duly
commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination
years and one day to twenty (20) years of imprisonment. of, the deposits, placements, trust accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any relevant information about such
When death or serious permanent disability of said detained person occurs as a consequence deposits, placements, trust accounts, assets, and records from a bank or financial institution.
of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on The bank or financial institution concerned shall not refuse to allow such examination or to
him of such physical pain or torment, or as a consequence of the infliction on him of such provide the desired information, when so ordered by and served with the written order of the
mental, moral, or psychological pressure, the penalty shall be twelve (12) years and one day Court of Appeals.
to twenty (20) years of imprisonment.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. — The written
SEC. 26. Restriction on Travel. — In cases where evidence of guilt is not strong, and the order of the Court of Appeals authorizing the examination of bank deposits, placements, trust
person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to accounts, assets, and records: (1) of a person charged with or suspected of the crime of
bail and is granted the same, the court, upon application by the prosecutor, shall limit the terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed
right of travel of the accused to within the municipality or city where he resides or where the terrorist organization, association, or group of persons, or (3) of any member of such
case is pending, in the interest of national security and public safety, consistent with Article organization, association, or group of persons in a bank or financial institution, and the
III, Section 6 of the Constitution. Travel outside of said municipality or city, without the gathering of any relevant information about the same from said bank or financial institution,
authorization of the court, shall be deemed a violation of the terms and conditions of his bail, shall only be granted by the authorizing division of the Court of Appeals upon an  ex
which shall then be forfeited as provided under the Rules of Court. parte application to that effect of a police or of a law enforcement official who has been duly
authorized in writing to file such ex parte application by the Anti-Terrorism Council created
in Section 53 of this Act to file such ex parte application, and upon examination under oath
He/she may also be placed under house arrest by order of the court at his or her usual place of or affirmation of the applicant and the witnesses he may produce to establish the facts that
residence. 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
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, terrorism or conspiracy to commit terrorism; (2) of a judicially declared and outlawed
the internet or other means of communications with people outside the residence until terrorist organization, association or group of persons; or (3) of any member of such
otherwise ordered by the court. organization, association, or group of persons.

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of
the dismissal of the case filed against him or earlier upon the discretion of the court on Bank Deposits, Accounts, and Records. — The written order granted by the authorizing
motion of the prosecutor or of the accused. 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
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and renew, if any, and the written authorizations of the Anti-Terrorism Council, shall be deemed
Records. — The provisions of Republic Act No. 1405 as amended, to the contrary and are hereby declared as classified information: Provided, That the person whose bank
notwithstanding, the justices of the Court of Appeals designated as a special court to handle deposits, placements, trust accounts, assets, and records have been examined, frozen,
anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing sequestered and seized by law enforcement authorities has the right to be informed of the acts
called for that purpose that: (1) a person charged with or suspected of the crime of terrorism done by the law enforcement authorities in the premises or to challenge, if he or she intends
or conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist to do so, the legality of the interference. The written order of the authorizing division of the
organization, association, or group of persons; and (3) of a member of such judicially 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 freezing of bank deposits, placements, trust accounts, assets and records. The penalty of ten
commit terrorism; (2) judicially declared and outlawed terrorist organization, association, or (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
group of persons; and (3) member of such judicially declared and outlawed organization, applicant police or law enforcement official who fails to notify in writing the person subject
association, or group of persons, as the case may be, whose deposits, placements, trust of the bank examination and freezing of bank deposits, placements, trust accounts, assets and
accounts, assets, and records are to be examined or the information to be gathered; (b) the records.
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 Any person, law enforcement official or judicial authority who violates his duty to notify in
the said examination and the gathering of the desired information; and, (d) the length of time writing as defined above shall suffer the penalty of six years and one day to eight years of
the authorization shall be carried out. imprisonment.

SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits,
Bank Deposits, Accounts, and Records. — The authorization issued or granted by the Placements, Trust Accounts, Assets and Records. — All information, data, excerpts,
authorizing division of the Court of Appeals to examine or cause the examination of and to summaries, notes, memoranda, working sheets, reports, and other documents obtained from
freeze bank deposits, placements, trust accounts, assets, and records, or to gather information the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a
about the same, shall be effective for the length of time specified in the written order of the person charged with or suspected of the crime of terrorism or the crime of conspiracy to
authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
days from the date of receipt of the written order of the authorizing division of the Court of group of persons; or (3) a member of any such organization, association, or group of persons
Appeals by the applicant police or law enforcement official. shall, within forty-eight (48) hours after the expiration of the period fixed in the written order
of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the
The authorizing division of the Court of Appeals may extend or renew the said authorization expiration of the extension or renewal granted by the authorizing division of the Court of
for another period, which shall not exceed thirty (30) days renewable to another thirty (30) Appeals, be deposited with the authorizing division of the Court of Appeals in a sealed
days from the expiration of the original period: Provided, That the authorizing division of the envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit
Court of Appeals is satisfied that such extension or renewal is in the public interest: of the applicant police or law enforcement official and the persons who actually conducted
and, Provided, further, That the application for extension or renewal, which must be filed by the examination of said bank deposits, placements, trust accounts, assets and records.
the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
SEC. 32. Contents of Joint Affidavit. — The joint affidavit shall state: (a) the identifying
In case of death of the original applicant or in case he is physically disabled to file the marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records
application for extension or renewal, the one next in rank to the original applicant among the examined; (b) the identity and address of the bank or financial institution where such
members of the ream named in the original written order of the authorizing division of the deposits, placements, trust accounts, assets, and records are held and maintained; (c) the
Court of Appeals shall file the application for extension or renewal: Provided, That, without number of bank deposits, placements, trust accounts, assets, and records discovered,
prejudice to the liability of the police or law enforcement personnel under Section 19 hereof, examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust
the applicant police or law enforcement official shall have thirty (30) days after the accounts, assets; (e) all information, data, excerpts, summaries, notes, memoranda, working
termination of the period granted by the Court of Appeals as provided in the preceding sheets, reports, documents, records examined and placed in the sealed envelope or sealed
paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for package deposited with the authorizing division of the Court of Appeals; (f) the date of the
any violation of this Act. original written authorization granted by the Anti-Terrorism Council to the applicant to file
the ex parte application to conduct the examination of the said bank deposits, placements,
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement trust accounts, assets and records, as well as the date of any extension or renewal of the
official shall immediately notify in writing the person subject of the bank examination and original written authorization granted by the authorizing division of the Court of Appeals;
and (g) that the items enumerated were all that were found in the bank or financial institution opening the sealed envelope or sealed package; (b) for revealing and disclosing its classified
examined at the time of the completion of the examination. contents; and, (c) for using the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence.
The joint affidavit shall also certify under oath that no duplicates or copies of the
information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and SEC. 35. Evidentiary Value of Deposited Bank Materials. — Any information, data, excerpts,
documents acquired from the examination of the bank deposits, placements, trust accounts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the
assets and records have been made, or, if made, that all such duplicates and copies are placed examination of the bank deposits, placements, trust accounts, assets and records of: (1) a
in the sealed envelope or sealed package deposited with the authorizing division of the Court person charged or suspected of the crime of terrorism or the crime of conspiracy to commit
of Appeals. 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
It shall be unlawful for any person, police officer or custodian of the bank data and have been secured in violation of the provisions of this Act, shall absolutely not be
information obtained after examination of deposits, placements, trust accounts, assets and admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative,
records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the or administrative investigation, inquiry, proceeding, or hearing.
items enumerated above in whole or in part under any pretext whatsoever.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items Institution. — Any person, police or law enforcement personnel who examines the deposits,
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person
years of imprisonment. 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
SEC. 33. Disposition of Bank Materials. — The sealed envelope or sealed package and the being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall
contents thereof, which are deposited with the authorizing division of the Court of Appeals, suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
shall be deemed and are hereby declared classified information and the sealed envelope or
sealed package shall not be opened and its contents shall not be divulged, revealed, read, or
used as evidence unless authorized in a written order of the authorizing division of the Court In addition to the liability attaching to the offender for the commission of any other offense,
of Appeals, which written order shall be granted only upon a written application of the the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
Department of Justice filed before the authorizing division of the Court of Appeals and only imposed upon any police or law enforcement personnel, who maliciously obtained an
upon a showing that the Department of Justice has been duly authorized in writing by the authority from the Court of Appeals to examine the deposits, placements, trust accounts,
Anti-Terrorism Council to file the application, with notice in writing to the party concerned assets, or records in a bank or financial institution of: (1) a person charged with or suspected
not later than three days before the scheduled opening, to open, reveal, divulge, and use the of the crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and
contents of the sealed envelope or sealed package as evidence. outlawed terrorist organization, association, or group of persons; or (3) a member of such
organization, association, or group of persons: Provided, That notwithstanding Section 33 of
this Act, the party aggrieved by such authorization shall upon motion duly filed be allowed
Any person, law enforcement official or judicial authority who violates his duty to notify in access to the sealed envelope or sealed package and the contents thereof as evidence for the
writing as defined above shall suffer the penalty of six years and one day to eight years of prosecution of any police or law enforcement personnel who maliciously procured said
imprisonment. authorization.

SEC. 34. Application to Open Deposited Bank Materials. — The written application, with SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. — An
notice in writing to the party concerned not later than three days of the scheduled opening, to employee, official, or a member of the board of directors of a bank or financial institution,
open the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for
who refuses to allow the examination of the deposits, placements, trust accounts, assets, and legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and
records of: (1) a person charged with or suspected of the crime of terrorism or the crime of one day to twelve (12) years of imprisonment.
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 SEC. 40. Nature of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust
organization, association, or group of persons in said bank or financial institution, when duly Accounts, Assets and Records. — The seized, sequestered and frozen bank deposits,
served with the written order of the authorizing division of the Court of Appeals, shall be placements, trust accounts, assets and records belonging to a person suspected of or charged
guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property
years of imprisonment. 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
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in trial of the person charged with any of the said crimes, as the case may be and their use or
Joint Affidavits. — Any false or untruthful statement or misrepresentation of material fact in disposition while the case is pending shall be subject to the approval of the court before
the joint affidavits required respectively in Section 12 and Section 32 of this Act shall which the case or cases are pending.
constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10)
years and one day to twelve (12) years of imprisonment. 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
SEC. 39. Seizure and Sequestration. — The deposits and their outstanding balances, terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent
placements, trust accounts, assets, and records in any bank or financial institution, moneys, by the investigating body, or is acquitted, after his arraignment or his case is dismissed before
businesses, transportation and communication equipment, supplies and other implements, and his arraignment by a competent court, the seizure, sequestration and freezing of his bank
property of whatever kind and nature belonging: (1) to any person suspected of or charged deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by
before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy the investigating body or by the competent court, as the case may be, and his bank deposits,
to commit terrorism; (2) to a judicially declared and outlawed organization, association, or placements, trust accounts, assets and records shall be deemed released from such seizure,
group of persons; or (3) to a member of such organization, association, or group of persons sequestration and freezing, and shall be restored to him without any delay by the bank or
shall be seized, sequestered, and frozen in order to prevent their use, transfer, or conveyance financial institution concerned without any further action on his part. The filing of any appeal
for purposes that are inimical to the safety and security of the people or injurious to the on motion for reconsideration shall not state the release of said funds from seizure,
interest of the State. sequestration and freezing.

The accused or a person suspected of may withdraw such sums as may be reasonably needed If the person charged with the crime of terrorism or conspiracy to commit terrorism is
by the monthly needs of his family including the services of his or her counsel and his or her convicted by a final judgment of a competent trial court, his seized, sequestered and frozen
family’s medical needs upon approval of the court. He or she may also use any of his bank deposits, placements, trust accounts, assets and records shall be automatically forfeited
property that is under seizure or sequestration or frozen because of his/her indictment as a in favor of the government.
terrorist upon permission of the court for any legitimate reason.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of
Any person who unjustifiably refuses to follow the order of the proper division of the Court Five hundred thousand pesos (P500,000.00) a day for the period in which his properties,
of Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy assets or funds were seized shall be paid to him on the concept of liquidated damages. The
to commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, amount shall be taken from the appropriations of the police or law enforcement agency that
trust accounts, assets and records as may be necessary for the regular sustenance of his/her caused the filing of the enumerated charges against him/her.
family or to use any of his/her property that has been seized, sequestered or frozen for
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, authorized by the Court of Appeals to do so, reveals in any manner or form any classified
Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — information under this Act.
Any person who unjustifiably refuses to restore or delays the restoration of seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and records of a SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence.
person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism — The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall
after such suspected person has been found innocent by the investigating body or after the be imposed upon any person who knowingly furnishes false testimony, forged document or
case against such charged person has been dismissed or after he is acquitted by a competent spurious evidence in any investigation or hearing under this Act.
court shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
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-
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and term trial calendar so as to ensure speedy trial.
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 SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the
of a person suspected of or charged with the crime of terrorism or conspiracy to commit Revised Penal Code or any Special Penal Laws. — When a person has been prosecuted
terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of under a provision of this Act, upon a valid complaint or information or other formal charge
imprisonment. sufficient in form and substance to sustain a conviction and after the accused had pleaded to
the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another
prosecution for any offense or felony which is necessarily included in the offense charged
SEC. 44. Infidelity in the Custody of Detained Persons. — Any public officer who has direct under this Act.
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 SEC. 50. Damages for Unproven Charge of Terrorism. — Upon acquittal, any person who is
one day to twenty (20) years of imprisonment, if the detained person has already been accused of terrorism shall be entitled to the payment of damages in the amount of Five
convicted and sentenced in a final judgment of a competent court; and (b) six years and one hundred thousand pesos (P500,000.00) for every day that he or she has been detained or
day to twelve (12) years of imprisonment, if the detained person has not been convicted and deprived of liberty or arrested without a warrant as a result of such an accusation. The
sentenced in a final judgment of a competent court. amount of damages shall be automatically charged against the appropriations of the police
agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges
against the accused. It shall also be released within fifteen (15) days from the date of the
SEC. 45. Immunity and Protection of Government Witnesses. — The provisions of Republic acquittal of the accused. The award of damages mentioned above shall be without prejudice
Act No. 6981 (Witness Protection, Security and Benefits Act) to the contrary to the right of the acquitted accused to file criminal or administrative charges against those
notwithstanding, the immunity of government witnesses testifying under this Act shall be responsible for charging him with the case of terrorism.
governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however, That
said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No.
6981. Any officer, employee, personnel, or person who delays the release or refuses to release the
amounts awarded to the individual acquitted of the crime of terrorism as directed in the
paragraph immediately preceding shall suffer the penalty of six months of imprisonment.
SEC. 46. Penalty for Unauthorized Revelation of Classified 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 officer or civil servant who, not being If the deductions are less than the amounts due to the detained persons, the amount needed to
complete the compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed
enforcement agency concerned, the amount shall be automatically included in the Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
appropriations of the said agency for the coming year. Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. — The police
or law enforcement officers to whom the name or a suspect in the crime of terrorism was first The Council shall formulate and adopt comprehensive, adequate, efficient, and effective
revealed shall record the real name and the specific address of the informant. 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
The police or law enforcement officials concerned shall report the informant’s name and shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-
address to their superior officer who shall transmit the information to the Congressional judicial power or authority.
Oversight Committee or to the proper court within five days after the suspect was placed
under arrest or his properties were sequestered, seized or frozen. 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
The name and address of the informant shall be considered confidential and shall not be mandated by the Constitution and pertinent laws.
unnecessarily revealed until after the proceedings against the suspect shall have been
terminated. 1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of
terrorism in the country;
SEC. 52. Applicability of the Revised Penal Code. — The provisions of Book I of the
Revised Penal Code shall be applicable to this Act. 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;
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 3. Direct the speedy investigation and prosecution of all persons accused or detained for the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Act, and monitor the progress of their cases;
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. 4. Establish and maintain comprehensive data-base information system on terrorism, terrorist
activities, and counter-terrorism operations;
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 5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records
keep records of its proceedings and decisions. All records of the Council shall be subject to belonging to a person suspected of or charged with the crime of terrorism or conspiracy to
such security classifications as the Council may, in its judgment and discretion, decide to commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the Anti-Money
adopt to safeguard the safety of the people, the security of the Republic, and the welfare of Laundering Act of 2001, as amended;
the nation.
6. Grant monetary rewards and other incentives to informers who give vital information
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The leading to the apprehension, arrest, detention, prosecution, and conviction of person or
Council shall define the powers, duties, and functions of the National Intelligence persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the
7. Establish and maintain coordination with and the cooperation and assistance of other SEC. 57. Ban on Extraordinary Rendition. — No person suspected or convicted of the crime
nations in the struggle against international terrorism; and 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
8. Request the Supreme Court to designate specific divisions of the Court of Appeals and country and unless his or her human rights, including the right against torture, and right to
Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to counsel, are officially assured by the requesting country and transmitted accordingly and
handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all approved by the Department of Justice.
matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b) SEC. 58. Extra-Territorial Application of this Act. — Subject to the provision of an existing
from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases treaty of which the Philippines is a signatory and to any contrary provision of any law of
filed in Cagayan de Oro City. 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,
SEC. 55. Role of the Commission on Human Rights. — The Commission on Human Rights interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who,
shall give the highest priority to the investigation and prosecution of violations of civil and although physically outside the territorial limits of the Philippines, commit, conspire or plot
political rights of persons in relation to the implementation of this Act; and for this purpose, to commit any of the crimes defined and punished in this Act inside the territorial limits of
the Commission shall have the concurrent jurisdiction to prosecute public officials, law the Philippines; (3) to individual persons who, although physically outside the territorial
enforcers, and other persons who may have violated the civil and political rights of persons limits of the Philippines, commit any of the said crimes on board Philippine ship or
suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism. 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
SEC. 56. Creation of a Grievance Committee. — There is hereby created a Grievance the territorial limits of the Philippines, commit said crimes against Philippine citizens or
Committee composed of the Ombudsman, as chair, and the Solicitor General, and an persons of Philippines descent, where their citizenship or ethnicity was a factor in the
undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate commission of the crime; and (6) to individual persons who, although physically outside the
complaints against the actuations of the police and law enforcement officials in the territorial limits of the Philippines, commit said crimes directly against the Philippine
implementation of this Act. The Committee shall hold office in Manila. government.

The Committee shall have three subcommittees that will be respectively headed by the SEC. 59. Joint Oversight Committee. — There is hereby created a Joint Oversight Committee
Deputy, Ombudsmen in Luzon, the Visayas and Mindanao. The subcommittees shall to oversee the implementation of this Act.
respectively hold office at the Offices 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 office shall be members thereof. The Oversight Committee shall be composed of five members each from the Senate and the
The three subcommittees shall assist the Grievance Committee in receiving, investigating and House in addition to the Chairs of the Committees of Public Order of both Houses who shall
evaluating complaints against the police and other law enforcement officers in the also Chair the Oversight Committee in the order specified herein. The membership of the
implementation of this Act. If the evidence warrants it, they may file the appropriate cases Committee for every House shall at least have two opposition or minority members. The
against the erring police and law enforcement officers. Unless seasonably disowned or Joint Oversight Committee shall have its own independent counsel.
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 Chair of the Committee shall rotate every six months with the Senate chairing it for the
the Grievance Committee or its branches. first six months and the House for the next six months. In every case, the ranking opposition
or minority member of the Committee shall be the Vice Chair.
Upon the expiration of one year after this Act is approved by the President, the Committee Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
shall review the Act particularly the provisions that authorize the surveillance of suspects of newspapers of local circulation and the announcements over local radio and television
or persons charged with the crime of terrorism. To that end, the Committee shall summon the networks shall be done in the dominant language of the community.
police and law enforcement officers and the members of the Anti-Terrorism Council and
require them to answer questions from the members of Congress and to submit a written After the publication required above shall have been done, the Act shall take effect two
report of the acts they have done in the implementation of the law including the manner in months after the elections are held in May 2007.
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 Thereafter, the provisions of this Act shall be automatically suspended one month before and
listened to or subjected to monitoring, recording and tapping. two months after the holding of any election.

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

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

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
modified 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.

The title of the Act and its provisions defining 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 five radio and television networks, one each in Lanao del Sur,