REPUBLIC ACT No. 11479 - Anti Terrorism For Powerpoint Presentation

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 30

REPUBLIC ACT No.

114791
SECTION 1. Short Title. — This Act shall henceforth be known as
"The Anti-Terrorism Act of 2020".
SEC. 2. Declaration of Policy. — It is declared a policy of the State
to protect life, liberty, and property from 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 fight 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
justifications for terrorist and/or criminal activities. Such measures
shall include conflict management and post-conflict peacebuilding,
addressing the roots of conflict 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. Definition of Terms. as used in this Act:


(a) Critical Infrastructure shall refer to an asset or
system, whether physical or virtual, so essential to the
maintenance of vital societal functions or to the delivery of
essential public services that the incapacity or destruction of
such systems and assets would have a debilitating impact on
national defense and security, national economy, public health
or safety, the administration of justice, and other functions
analogous thereto. It may include, but is not limited to, an asset
or system affecting telecommunications, water and energy
supply, emergency services, food security, fuel supply, banking
and finance, transportation, radio and television, information
systems and technology, chemical and nuclear sectors;

(b) Designated Person shall refer to:

Any individual, group of persons, organizations, or associations


designated and/or identified by the United Nations Security
Council, or another jurisdiction, or supranational jurisdiction as a
terrorist, one who finances terrorism, or a terrorist organization or
group; or
Any person, organization, association, or group of persons
designated under paragraph 3 of Section 25 of this Act.
For purposes of this Act, the above definition shall be in addition
to the definition of designated persons under Section 3(e) of
Republic Act No. 10168, otherwise known as the
"Terrorism Financing Prevention and Suppression Act of 2012"
(c) Extraordinary Rendition shall refer to the transfer
of a person, suspected of being a terrorist or supporter of a
terrorist organization, association, or group of persons to a foreign
nation for imprisonment and interrogation on behalf of the
transferring nation. The extraordinary rendition may be done
without framing any formal charges, trial, or approval of the
court.

(d) International Organization shall refer to an


organization established by a treaty or other instrument governed
by international law and possessing its own international legal
personality;

(e) Material Support shall refer to any property,


tangible or intangible, or service, including currency or monetary
instruments or financial securities, financial services, lodging,
training, expert advice or assistance, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel (one
or more individuals who may be or include oneself), and
transportation;
(f) Proliferation of Weapons of Mass Destruction
shall refer to the transfer and export of chemical, biological,
radiological, or nuclear weapons, their means of delivery and
related materials;

(g) Proposal to Commit Terrorism is committed when


a person who has decided to commit any of the crimes defined
and penalized under the provisions of this Act proposes its
execution to some other person or persons;
(h) Recruit shall refer to any act to encourage other
people to join a terrorist Individual or organization, association or
group of persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council as a terrorist
organization, or organized for the purpose of engaging in
terrorism;

(i) Surveillance Activities shall refer to the act of


tracking down, following, or investigating individuals or
organizations; or the tapping, listening, intercepting, and
recording of messages, conversations, discussions, spoken or
written words, including computer and network surveillance, and
other communications of individuals engaged in terrorism as
defined hereunder;

(j) Supranational Jurisdiction shall refer to an


international organization or union in which the power and
influence of member states transcend national boundaries or
interests to share in decision-making and vote on issues
concerning the collective body, i.e. the European Union;

(k) Training shall refer to the giving of instruction or


teaching designed to impart a specific skill in relation to terrorism
as defined hereunder, as opposed to general knowledge;

(l) Terrorist Individual shall refer to any natural


person who commits any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10,11 and 12 of this Act;

(m) Terrorist Organization, Association or Group of


Persons shall refer to any entity organized for the purpose of
engagmg in terrorism, or those proscribed under Section 26
hereof or the United Nations Security Council-designated terrorist
organization; and
(n) Weapons of Mass Destruction (WMD) shall refer
to chemical, biological, radiological, or nuclear weapons which
are capable of a high order of destruction or causing mass
casualties. It excludes the means of transporting or propelling the
weapon where such means is a separable and divisible part from
the weapon.

SEC. 4. Terrorism. — Subject to Section 49 of this Act,


terrorism is committed by any person who, within or outside the
Philippines, regardless of the stage of execution:
(a) Engages in acts intended to cause death or serious
bodily injury to any person, or endangers a person's life;

(b) Engages in acts intended to cause extensive damage


or destruction to a government or public facility, public place or
private property;

(c) Engages in acts intended to cause extensive


interference with, damage or destruction to critical infrastructure;

(d) Develops, manufactures, possesses, acquires,


transports, supplies or uses weapons, explosives or of biological,
nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire,


floods or explosions

when the purpose of such act, by its nature and context, is to


intimidate the general public or a segment thereof, create an
atmosphere or spread a message of fear, to provoke or influence
by intimidation the government or any international organization,
or seriously destabilize or destroy the fundamental political,
economic, or social structures of the country, or create a public
emergency or seriously undermine public safety, shall be guilty of
committing terrorism and shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of
Republic Act No. 10592, otherwise known as "An Act Amending
Articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code". Provided, That,
terrorism as defined in this section shall not include advocacy,
protest, dissent, stoppage of work, industrial or mass action, and
other similar exercises of civil and political rights, which are not
intended to cause death or serious physical harm to a person, to
endanger a person's life, or to create a serious risk to public
safety.
SEC. 5. Threat to Commit Terrorism. — Any person
who shall threaten to commit any of the acts mentioned in
Section 4 hereof shall suffer the penalty of imprisonment of
twelve (12) years.
SEC. 6. Planning, Training, Preparing, and Facilitating the
Commission of Terrorism. — It shall be unlawful for any person
to participate in the planning, trainmg, preparation and facilitation
in the commission of terrorism, possessing objects connected with
the preparation for the commission of terrorism, or collecting or
making documents connected with the preparation of terrorism.
Any person found guilty of the provisions of this Act shall suffer
the penalty of life imprisonment without the benefit of parole and
the benefits of Republic Act No. 10592.

SEC. 7. Conspiracy to Commit Terrorism. — Any conspiracy


to commit terrorism as defined and penalized under Section 4 of
this Act shall suffer the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act No. 10592.

There is conspn•acy when two (2) or more persons come to


an agreement concerning the commission of terrorism as defined
in Section 4 hereof and decide to commit the same.
SEC. 8. Proposal to Commit Terrorism. — Any person who
proposes to commit terrorism as defined m Section 4 hereof shall
suffer the penalty of imprisonment of twelve (12) years.
SEC} 9. Inciting to Commit Terrorism. — Any person who,
without taking any direct part in the commission of terrorism,
shall incite others to the execution of any of the acts specified in
Section 4 hereof by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same
end, shall suffer the penalty of imprisonment of twelve (12) years.
SEC. 10. Recruitment to and Membership in a Terrorist
Organization. — Any person who shall recruit another to
participate m, join, commit or support terrorism or a terrorist
individual or any terrorist organization, association or group of
persons proscribed under Section 26 of this Act, or designated by
the United Nations Security Council as a terrorist orgamzation, or
organized for the purpose of engaging in terrorism, shall suffer
the penalty of life imprisonment without the benefit of parole and
the benefits of Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes


or facilitates the travel of individuals to a state other than their
state of residence or nationality for the purpose of recruitment
which may be committed through any of the following means:
(a) Recruiting another person to serve in any capacity in or with an
armed force in a foreign state, whether the armed force forms part
of the armed forces of the government of that foreign state or
otherwise;

(b) Publishing an advertisement or propaganda for the purpose of


recruiting persons to serve in any capacity in or with such an
armed force;

(c) Publishing an advertisement or propaganda


contaming any information relating to the place at which or the
manner in which persons may make applications to serve or obtain
information relating to service in any capacity in or with such
armed force or relating to the manner in which persons may travel
to a foreign state for the purpose of serving in any capacity in or
with such armed force; or

(d) Performing any other act with the intention of


facilitating or promoting the recruitment of persons to serve in
any capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any


orgamzation, association or group of persons knowing that such
organization, association or group of persons is proscribed under
Section 26 of this Act, or designated by the United Nations
Security Council as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the penalty of
imprisonment of twelve (12) years.
SEC. 11. Foreign Terrorist. — The following acts are unlawful
and shall suffer the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act No. 10592:

(a) For any person to travel or attempt to travel to a


state other than his/her state of residence or nationality, for the
purpose of perpetrating, planning, or preparing for, or participating
in terrorism, or providing or receiving terrorist training;

(b) For any person to organize or facilitate the travel


of individuals who travel to a state other than their states of
residence or nationality knowing that such travel is for the purpose
of perpetrating, planning, training, or preparing for, or
participating in terrorism or providing or receiving terrorist
training; or

(c) For any person residing abroad who comes to the


Philippines to participate in perpetrating, planning, training, or
preparing for, or participating in terrorism or provide support for
or facilitate or receive terrorist training here or abroad.

SEC. 12. Providing Material Support to Terrorists. — Any


person who provides material support to any terrorist individual or
terrorist organization, association or group of persons committing
any of the acts punishable under Section 4 hereof, knowing that
such individual or organization, association, or group of persons is
committing or planning to commit such acts, shall be liable as
principal to any and all terrorist activities committed by said
individuals or organizations, in addition to other criminal liabilities
he/she or they may have incurred in relation thereto.

SEC. 13. Humanitarian Exemption. — Humanitarian activities


undertaken by the International Committee of the Red Cross
(ICRC), the Philippine Red Cross (PRC), and other state-
recognized impartial humanitarian partners or organizations in
conformity with the International Humanitarian Law (IHL), do not
fall within the scope of Section 12 of this Act.
SEC. 14. Accessory. — Any person who, having knowledge
Of the commission of any of the crimes defined and penalized
under Section 4 of this Act, without having participated therein,
takes part subsequent to its commission in any of the following
manner: (a) by profiting himself/herself or assisting the offender to
profit 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; or (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime,
shall be liable as an accessory and shall suffer the penalty of
imprisonment of twelve (12) years.
No person, regardless of relationship or affinity, shall be
exempt from liability under this section.
SEC. 15. Penalty for Public Official. — If the offender
found guilty of any of the acts defined and penalized under any of
the provisions of this Act is a public official or employee, he/she
shall be charged with the administrative offense of grave
misconduct and/or disloyalty to the Republic of the Philippines
and the Filipino people, and be meted with the penalty of dismissal
from the service, with the accessory penalties of cancellation of
civil service eligibility, forfeiture of retirement benefits and
perpetual absolute disqualification from running for any elective
office or holding any public office.
SEC. 16. Surveillance of Suspects and Interception and
Recording of Communications. — The provisions of Republic
Act No. 4200, otherwise known as the "Anti-Wire Tapping Law"
to the contrary notwithstanding, a law enforcement agent or
military personnel may, upon a written order of the Court of
Appeals secretly wiretap, overhear and listen to, intercept, screen,
read, surveil, record or collect, with the use of any mode, form,
kind or type of electronic, mechanical or other equipment or device
or technology now known or may hereafter be known to science or
with the use of any other suitable ways and means for the above
purposes, any private comm unications, conversation, discussion/s,
data, information, messages in whatever form, kind or nature,
spoken or written words (a) between members of a judicially
declared and outlawed terrorist organization, as provided in
Section 26 of this Act; (b) between members of a designated
person as defined in Section 3(e) of Republic Act No. 10168; or
(c) any person charged with or suspected of committing any of the
crimes defined and penalized under the provisions of this Act:
Provided, That, surveillance, interception and recording of
communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business
correspondence shall not be authorized.
The law enforcement agent or military personnel shall likewise be
obligated to (1) file an ex-parte application with the Court of
Appeals for the issuance of an order, to compel
telecommunications service providers (TSP) and internet service
providers (ISP) to produce all customer information and
identification records as well as call and text data records, content
and other cellular or internet metadata of any person suspected of
any of the crimes defined and penalized under the provisions of
this Act; and (2) furnish the National Telecommunications
Commission (NTC) a copy of said application. The NTC shall
likewise be notified upon the issuance of the order for the purpose
of ensuring immediate compliance.

SEC. 17. Judicial Authorization, Requisites. — The authorizing


division of the Court of Appeals shall issue a written order to
conduct the acts mentioned in Section 16 of this Act upon:
(a) Filing of an ex parte written application by a law
enforcement agent or military personnel, who has been duly
authorized in writing by the Anti-Terrorism Council (ATC); and

(b) After examination under oath or affirmation of the


applicant and the witnesses he/she may produce, the issuing court
determines:

(1) that there is probable cause to believe based on


personal knowledge of facts or circumstances that the crimes
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, Il and 12
of this Act has been committed, or is being committed, or is about
to be committed; and

(2) 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.

SEC. 18. Classification and Contents of the Order of the Court.


— The written order granted by the authorizing division of the
Court of Appeals as well as the application for such order, shall be
deemed and are hereby declared as classified information- Being
classified information, access to the said documents and any
information contained in the said documents shall be limited to the
applicants, duly authorized personnel of the ATC, the hearing
justices, the clerk of court and duly authorized personnel of the
hearing or issuing court. 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 person or
persons whose communications, messages, conversations,
discussions, or 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 or
persons suspected of committing any of the crimes defined and
penalized under the provisions of this Act are not fully known,
such person or persons shall be the subject of continuous
surveillance; (b) the identity of the law enforcement agent or
military personnel, including the individual identity of the
members of his team, judicially authorized to undertake
surveillance activities; (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. 19. Effective Period of Judicial Authorization. — Any
authorization granted by the Court of Appeals, pursuant to Section
17 of this Act, shall only be effective for the length of time
specified in the written order of the authorizing
division of the Court of Appeals which shall not exceed a period
of sixty (60) days from the date of receipt of the written order by
the applicant law enforcement agent or military personnel.
The authorizing division of the Court of Appeals may extend or
renew the said authorization to a non-extendible period, which
shall not exceed thirty (30) days from the expiration of the original
period: Provided, That the issuing court is satisfied 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 filed by the original applicant, has been duly
authorized in writing by the ATC.
In case of death of the original applicant or in case he/she is
physically disabled to file 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 shall file the
application for extension or renewal: Provided, finally, That, the
applicant law enforcement agent or military personnel 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 file the appropriate case before the Public Prosecutor's
Office for any violation of this Act.
For purposes of this provision, the issuing court shall require the
applicant law enforcement or military official to inform the court,
after the lapse of the thirty (30)-day period of the fact that an
appropriate case for violation of this Act has been filed with the
Public Prosecutor's Office.
SEC. 20. Custody of Intercepted and Recorded
Communications. — All tapes, discs, other storage devices,
recordings, notes, memoranda, summaries, excerpts and all copies
thereof obtained under the judicial authorization granted by the
Court of Appeals shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order or the extension
or renewal granted thereafter, be deposited with the issuing court
in a sealed envelope or sealed package, as the case may be, and
shall be accompanied by a joint affidavit of the applicant law
enforcement agent or military personnel and the members of
his/her team.

In case of death of the applicant or in case he/she 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 written
order of the authorizing division of the Court of Appeals shall
execute with the members of the team that required affidavit.
It shall be unlawful for any person, law enforcement agent or
military personnel or any custodian of the tapes, discs, other
storage devices recordings, notes, memoranda, summaries,
excerpts and all copies thereof 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 the
penalty of imprisonment of ten (10) years.
SEC. 21. Contents of Joint Affidavit. — The joint affidavit
of the law enforcement agent or military personnel shall state: (a)
the number of tapes, discs, and recordings that have been made;
(b) the dates and times covered by each of such tapes, discs, and
recordings; and (c) the chain of custody or the list of persons who
had possession or custody over the tapes, discs and recordings.
The joint affidavit shall also certify under oath that no duplicates
or copies of the whole or any part of any of such tapes, discs, other
storage devices, recordings, notes, memoranda, summaries, or
excerpts have 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, law enforcement agent or
military personnel to omit or exclude from the joint affidavit any
item or portion thereof mentioned in this section.
Any person, law enforcement agent or military officer who violates
any of the acts proscribed in the preceding paragraph shall suffer
the penalty of imprisonment of ten (10) years.
SEC. 22. Disposition of Deposited Materials. — The sealed
envelope or sealed package and the contents thereof, referred to in
Section 20 of this Act, shall be deemed and are hereby declared
classified information. The sealed envelope or sealed package shall
not be opened, disclosed, or used as evidence unless authorized by
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 (DOJ) duly authorized in
writing by the ATC to file the application with proper written
notice to 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.

The written application, with notice to the party concerned,


for the opening, replaying, disclosing, or using as evidence of the
sealed package or the contents thereof, shall clearly state the
purpose or reason for its opening, replaying, disclosing, or its being
used as evidence.
Violation of this section shall be penalized by imprisonment of ten
(10) years.
SEC. 23. 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 contamed therein,
including their existence, content, substance, purport, effect, or
meaning, which have been secured in violation of the pertinent
provisions of this Act, shall be inadmissible and cannot be used as
evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or
hearing.
SEC. 24. Unauthorized or Malicious Interceptions and/ or
Recordings. — Any law enforcement agent or military personnel
who conducts surveillance activities without a valid judicial
authorization pursuant to Section 17 of this Act shall be guilty of
this offense and shall suffer the penalty of
imprisonment of ten (10) years. All information that have been
maliciously procured should be made available to the aggrieved
party.

SEC. 25. Designation of Terrorist Individual, Groups of


Persons, Organizations or Associations. — Pursuant to our
obligations under United Nations Security Council Resolution
(UNSCR) No. 1373, the ATC shall automatically adopt the United
Nations Security Council Consolidated List of designated
individuals, group of persons, organizations, or associations
designated and/or identified as a terrorist, one who finances
terrorism, or a terrorist organization or group.

Request for designations by other jurisdictions or


supranational jurisdictions may be adopted by the ATC after
determination that the proposed designee meets the criteria for
designation of UNSCR No-1373.
The ATC may designate an individual, groups of persons,
organization, or association, whether domestic or foreign, upon a
finding of probable cause that the individual, groups of persons,
organization, or association commit, or attempt to commit, or
conspire in the comrmssion of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act.
The assets of the designated individual, groups of persons,
organization or association above-mentioned shall be subject to the
authority of the Anti-Money Laundering Council (AMLC) to
freeze pursuant to Section 11 of Republic Act No. 10168.
The designation shall be without prejudice to the proscription
of terrorist organizations, associations, or groups of persons under
Section 26 of this Act.

SEC. 26. Proscription of Terrorist Organizations, Association,


or Group of Persons. — Any group of persons, organization, or
association, which commits any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, or
organized for the purpose of engagmg in terrorism shall, upon
application of the DOJ before the authorizing division of the Court
of Appeals with due notice and opportunity to be heard given to
the group of persons, organization or association, be declared as a
terrorist and outlawed group of persons, organization or
association, by the said Court.

The application shall be filed with an urgent prayer for the issuance
of a preliminary order of proscription. No application for
proscription shall be filed without the authority of the ATC upon
the recommendation of the National Intelligence Coordinating
Agency

SEC. 27. Preliminary Order of Proscription. — Where the Court


has determined that probable cause exists on the basis of the
verified application which is sufficient in form and substance, that
the issuance of an order of proscription is necessary to prevent the
commission of terrorism, he/she shall, within seventy-two (72)
hours from the filing of the application, issue a preliminary order of
proscription declaring that the respondent is a terrorist and an
outlawed organization or association within the meaning of Section
26 of this Act.
The court shall immediately commence and conduct continuous
hearings, which should be completed within six (6) months from
the time the application has been filed, to determine whether:

(a) The preliminary order of proscription should be


made permanent;

(b) A permanent order of proscription should be issued


in case no preliminary order was issued; or

(c) A preliminary order of proscription should be


lifted. It shall be the burden of the applicant to prove that the
respondent is a terrorist and an outlawed organization or association
within the meaning of Section 26 of this Act before the court issues
an order of proscription whether preliminary or permanent.

The permanent order of proscription herein granted shall be


published in a newspaper of general circulation. It shall be valid
for a period of three (3) years after which, a review
of such order shall be made and if circumstances warrant, the same
shall be lifted.
SEC. 28. Request to Proscribe from Foreign Jurisdictions and
Supranational Jurisdictions. Consistent with the national interest,
all requests for proscription made by another jurisdiction or
supranational jurisdiction shall be referred by the Department of
Foreign Affairs (DFA) to the ATC to determine, with the
assistance of the NICA, if proscription under Section 26 of this Act
is warranted. If the request for proscription is granted, the ATC
shall correspondingly commence proscription proceedings through
the DOJ.
SEC. 29. Detention Without Judicial Warrant of Arrest. — The
provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any law enforcement agent or military personnel,
who, having been duly authorized in writing by the ATC has taken
custody of a person suspected of committing any of the acts
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12
of this Act, shall, without incurring any criminal liability for delay
in the delivery of detained persons to the proper judicial
authorities, deliver said suspected person to the proper judicial
authority within a period of fourteen (14) calendar days counted
from the moment the said suspected person has been apprehended
or arrested, detained, and taken into custody by the law
enforcement agent or military personnel. The period of detention
may be extended to a maximum period of ten (10) calendar days if
it is established that (1) further detention of the person/s is
necessary to preserve evidence related to terrorism or complete the
investigation; (2) further detention of the person/s is necessary to
prevent the commission of another terrorism; and (3) the
investigation is being conducted properly and without delay.
Immediately after taking custody of a person suspected of
committing terrorism or any member of a group of persons,
organization or association proscribed under Section 26 hereof, the
law enforcement agent or military personnel shall notify in writing
the judge of the court nearest the place of apprehension or arrest of
the followmg facts: (a) the time, date, and manner of arrest; (b) the
location or locations of the detained suspect/s and (c) the physical
and mental condition of the detained suspect/s. The law
enforcement agent or military personnel shall likewise furnish the
ATC and the Commission on Human Rights (CHR) of the written
notice given to the judge.
The head of the detaining facility shall ensure that the detained
suspect is informed of his/her rights as a detainee and shall
ensure access to the detainee by his/her counsel or agencies and
entities authorized by law to exercise visitorial powers over
detention facilities.
The penalty of imprisonment of ten (10) years shall be imposed
upon the police or law enforcement agent or military personnel
who fails to notify any judge as provided in the preceding
paragraph.
SEC. 30. Rights of a Person under Custodial Detention. The
moment a person charged with or suspected of committing any of
the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of this Act is apprehended or arrested and detained, he/she
shall forthwith be informed, by the arresting law enforcement agent
or military personnel to whose custody the person concerned is
brought, of his/her right: (a) to be informed of the nature and
cause of his/her arrest, to remain silent and to have competent and
independent counsel preferably of his/her choice. If the person
cannot afford the services of counsel of his/her choice, the law
enforcement agent or military personnel concerned shall
Immediately contact the free legal assistance unit of the
Integrated Bar of the Philippines (IBP) or the Public Attorney's
Office (PAC)). 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/her with legal assistance. These
rights cannot be waived except in writing and in the presence of
his/her counsel of choice; (b) informed of the cause or causes of
his/her detention in the presence of his legal counsel; (c) allowed to
communicate freely with his/her 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/her
family or with his/her 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. 31- Violation of the Rights of a Detainee. — The penalty of
imprisonment of ten (10) years shall be imposed upon any law
enforcement agent or military personnel who has violated the rights
of persons under their custody, as provided for in Sections 29 and
30 of this Act.
Unless the law enforcement agent or military personnel who
violated the rights of a detainee or detainees as stated above is duly
identified, the same penalty shall be imposed on the head of the law
enforcement unit or military unit having custody of the detainee at
the time the violation was done.

SEC. 32. Official Custodial Logbook and Its Contents.


The law enforcement custodial unit in whose care and control the
person suspected of committing any of the acts defined and
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act
has been placed under custodial arrest and detention shall keep a
securely and orderly maintained official logbook, which is hereby
declared as a public document and opened to and made available
for the inspection and scrutiny of the lawyer of the person under
custody or any member of his/her family or relative by
consanguinity or affinity within the fourth civil degree or his/her
physician at any time of the day or night subject to reasonable
restrictions by the custodial facility. 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/her initial
admission for custodial arrest and detention; (c) the name and
address of the physician or physicians who examined him/her
physically and medically; (d) the state of his/her health and
physical condition at the time of his/her initial admission for
custodial detention; (e) the date and time of each removal of the
detained person from his/her cell for interrogation or for any
purpose; (f) the date and time of his/her return to his/her cell; (g)
the name and address of the physician or physicians who
physically and medically examined him/her after each
interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such interrogation; (i)
the names and addresses of his/her 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 visit; (l) the date and time of each request of the detained
person to communicate and confer with his/her legal counsel or
counsels; (m) the date and time of each visit, and date and time of
each departure of his/her 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 law enforcement custodial unit shall, upon demand
of the aforementioned lawyer or members of the family or
relatives within the fourth civil degree of consanguinity or affinity
of the person under custody or his/her physician, issue a certified
true copy of the entries of the logbook relative to the concerned
detained person subject to reasonable restrictions by the custodial
facility. This certified 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 certified true copy is
made.

The law enforcement custodial unit who fails to comply with the
preceding paragraphs to keep an official logbook shall suffer the
penalty of imprisonment of ten (10) years.
SEC. 33. No Torture or Coercion in Investigation and
Interrogation. — The use of torture and other cruel, inhumane
and degrading treatment or punishment, as defined in Sections 4
and 5 of Republic Act No. 9745 otherwise known as the "Anti-
Torture Act of 2009," at any time during the investigation or
interrogation of a detained suspected terrorist is absolutely
prohibited and shall be penalized under said law. Any evidence
obtained from said detained person resulting from such treatment
shall be, in its entirety, inadmissible and cannot be used as
evidence in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
SEC. 34. Restriction on the Right to Travel. — Prior to the filing
of an information for any violation of Sections 4, 5, 6, 7, 8, 9, 10,
Il and 12 of this Act, the investigating prosecutor shall apply for
the issuance of a precautionary hold departure order (PHDO)
against the respondent upon a

preliminary determination of probable cause in the proper


Regional Trial Court.

Upon the filing of the information regarding the commission of


any acts defined and penalized under the provisions of this Act,
the prosecutor shall apply with the court having jurisdiction for the
issuance of a hold departure order (HDO) against the accused. The
said application shall be accompanied by the complaint-affidavit
and its attachments, personal details, passport number, and a
photograph of the accused, if available.

In cases where evidence of guilt is not strong, and the person


charged 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/she resides or
where the case is pending, in the interest of national security and
public safety, consistent with Article Ill, Section 6 of the
Constitution. The court shall immediately furnish the DOJ and the
Bureau of Immigration (BI) with the copy of said order. 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/ her bail, which shall 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/her usual place of residence.
While under house arrest, he/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.
If the evidence of guilt is strong, the court shall immediately issue
an HDO and direct the DFA to initiate the procedure for the
cancellation of the passport of the accused.
The restrictions above-mentioned shall be terminated upon
the acquittal of the accused or of the dismissal of the case filed
against him/her or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.
SEC. 35. Anti-Money Laundering Council Authority to
Investigate, Inquire into and Examine Bank Deposits. — Upon
the issuance by the court of a preliminary order of proscription or in
case of designation under Section 25 of this Act, the AMLC, either
upon its own initiative or at the request of the ATC, is hereby
authorrzed to investigate: (a) any property or funds that are in any
way related to financing of terrorism as defined and penalized under
Republic Act No. 10168, or violation of Sections 4, 6, 7, 10, 11 or
12 of this Act; and (b) property or funds of any person or persons in
relation to whom there is probable cause to believe that such person
or persons are committing or attempting or conspiring to commit, or
participating in or facilitating the financing of the aforementioned
sections of this Act.
The AMLC may also enlist the assistance of any branch,
department, bureau, office, agency or instrumentality of the
government, including government-owned and -controlled
corporations in undertaking measures to counter the financing of
terrorism, which may include the use of its personnel, facilities and
resources.
For purposes of this section and notwithstanding the
provisions of Republic Act No. 1405, otherwise known as the
"Law on Secrecy of Bank Deposits", as amended; Republic Act
No. 6426, otherwise known as the "Foreign Currency Deposit Act
of the Philippines", as amended; Republic Act No. 8791, otherwise
known as "The General Banking Law of 2000' and other laws, the
AMLC is hereby authorized to inquire into or examine deposits
and investments with any banking institution or non-bank financial
institution and their subsidiaries and affiliates without a court
order.
SEC. 36. Authority to Freeze. -- Upon the issuance by the court
of a preliminary order of proscription or in case of designation
under Section 25 of this Act, the AMLC, either upon its own
initiative or request of the ATC, is hereby authorized to issue an ex
parte order to freeze without delay: (a) any property or funds that
are in any way related to financing of terrorism as defined and
penalized under Republic Act No. 10168, or any violation of
Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act; and (b) property
or funds of any person or persons in relation to whom there IS
probable cause to believe that such person or persons are
committing or attempting or conspiring to commit, or participating
in or facilitating the financing of the aforementioned sections of
this Act.

The freeze order shall be effective for a period not exceeding


twenty (20) days. Upon a petition filed by the AMLC before the
expiration of the period, the effectivity of the freeze order may be
extended up to a period not exceeding six (6) months upon order
of the Court of Appeals: Provided, That, the twenty-day period
shall be tolled upon filing of a petition to extend the effectivity of
the freeze order.
Notwithstanding the preceding paragraphs, the AMLC
consistent with the Philippines' international obligations, shall be
authorized to issue a freeze order with respect to property or funds
of a designated organization, association, group or any individual
to comply with binding terrorism-related resolutions, including
UNSCR No. 1373 pursuant to Article 41 of the charter of the UN.
Said freeze order shall be effective until the basis for the issuance
thereof shall have been lifted. During the effectivity of the freeze
order, an aggrieved party may, within twenty (20) days from
issuance, file with the Court of Appeals a petition to determine the
basis of the freeze order according to the principle of effective
judicial protection: Provided, That the person whose property or
funds have been frozen may withdraw such sums as the AMLC
determines to be reasonably needed for monthly family needs and
sustenance Including the services of counsel and the family
medical needs of such person.
However, if the property or funds subject of the freeze order under
the immediately preceding paragraph are found to be in any way
related to financing of terrorism as defined and penalized under
Republic Act NO. 10168, or any violation
of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act committed
within the jurisdiction of the Philippines, said property or funds
shall be the subject of civil forfeiture proceedings as provided
under Republic Act No. 10168-
SEC. 37. Malicious Examination of a Bank or a Financial
Institution. — Any person who maliciously, or without
authorization, examines deposits, placements, trust accounts, assets,
or records m a bank or financial institution in relation to Section 36
hereof, shall suffer the penalty of four (4) years of imprisonment.
SEC. 38. Safe Harbor, — No administrative, criminal or civil
proceedings shall lie against any person acting in good faith when
implementing the targeted financial sanctions as provided under
pertinent United Nations Security Resolutions.
SEC. 39. Bank Officials and Employees Defying a Court
Authorization. — An employee, official, or a member of the board
of directors of a bank or financial institution, who after being duly
served with the written order of authorization from the Court of
Appeals, refuses to allow the examination of the deposits,
placements, trust accounts, assets, and records of a terrorist or an
outlawed group of persons, organization or association, in
accordance with Sections 25 and 26 hereof, shall suffer the penalty
of imprisonment of four (4) years.
SEC. 40. Immunity and Protection of Government Witnesses.
— The immunity and protection of government witnesses shall be
governed by the provisions of Republic Act No. 6981, otherwise
known as "The Witness Protection, Security and Benefits Act".
SEC. 41. Penalty for Unauthorized Revelation of Classified
Materials. — The penalty of imprisonment of ten (10) years shall
be imposed upon any person, law enforcement agent or military
personnel, judicial officer or civil servant who, not being authorized
by the Court of Appeals to do so, reveals in any manner or form any
classified information under this Act. The penalty imposed herein is
without prejudice and in addition to any corresponding
administrative liability the offender may have incurred for such
acts.
SEC. 42. Infidelity in the Custody of Detained Persons.
Any public officer who has direct custody of a detained person
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 ten (10) years of imprisonment.

SEC. 43. Penalty for Furnishing False Evidence, Forged


Document, or Spurious Evidence. The penalty of imprisonment
of six (6) years shall be imposed upon any person who knowingly
furnishes false testimony, forged document or spurious evidence in
any investigation or hearing conducted in relation to any violations
under this Act.
SEC, 44. Continuous Trial. — In cases involving crimes defined
and penalized under the provisions of this Act, the judge concerned
shall set the case for continuous trial on a daily basis from Monday
to Thursday or other short-term trial calendar to ensure compliance
with the accused's right to speedy trial.

SEC. 45. Anti-Terrorism Council. — An Anti-Terrorism Council


(ATC) is hereby created. The members of the ATC are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the National
Security Adviser 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; (7) the

Secretary of Justice; (8) the Secretary of Information and


Communications Technology; and (9) the Executive Director of
the Anti-Money Laundering Council (AMLC) Secretariat as its
other members.

The ATC shall implement this Act and assume the


responsibility for the proper and effective implementation of the
policies of the country against terrorism. The ATC shall keep
records of its proceedings and decisions. All records of the ATC
shall be subject to such security classifications as the ATC 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 NICA shall be the Secretariat of the ATC. The ATC shall
define the powers, duties, and functions of the NICA as Secretariat
of the ATC. The Anti-Terrorism Council-Program Management
Center (ATC-PMC) is hereby institutionalized as the main
coordinating and program management arm of the ATC. The ATC
shall define the powers, duties, and functions of the ATC-PMC.
The Department of Science and Technology (DOST), the
Department of Transportation (DOTr), the Department of Labor
and Employment (DOLE), the
Department of Education (DepEd), the Department of Social
Welfare and Development (DSWD), the Presidential Adviser for
Peace, Reunification and Unity (PAPRU, formerly PAPP), the
Bangsamoro Autonomous Region in Muslim Mindanao
(BARMM), the National Bureau of Investigation (NBD, the BI,
the Office of Civil Defense (OCT)), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), the Philippine Center
on Transnational Crimes (PCTC), the Philippine National Police
(PNP) intelligence and investigative elements, the Commission on
Higher Education (CHET)), and the National Commission on
Muslim Filipinos (NCMF) shall serve as support agencies of the
ATC.
The ATC shall formulate and adopt comprehensive, adequate,
efficient, and effective plans, programs, or measures to prevent,
counter, suppress, or eradicate the commission of terrorism in
the country and to protect the people from such acts. In pursuit of
said mandate, the ATC shall create such focus programs to
prevent and counter terrorism as necessary, to ensure the
counterterrorism operational awareness of concerned agencies, to
conduct legal action and to pursue legal and legislative initiatives
to counter terrorism, prevent and stem terrorist financing, and to
ensure compliance with international commitments to
counterterrorism-related protocols and bilateral and/or multilateral
agreements, and identify the lead agency for each program, such
as:

(a) Preventing and countering violent extremism


program
-— The program shall address the conditions conducive to the
spread of terrorism which include, among others: ethnic, national, and religious discrimination; socio-
economic disgruntlement; political exclusion; dehumanization of victims of terrorism; lack of good
governance; and prolonged unresolved conflicts by winning the hearts and minds of the people to prevent
them from engaging in violent extremism. It shall identify, integrate, and synchronize all government and
nongovernment Initiatives and resources to prevent radicalization and violent extremism, thus reinforce
and expand an aftercare program;
(b) Preventing and combating terrorism program — The program shall focus on denying
terrorist groups access to the means to carry out attacks to their targets and formulate response to its
desired impact through decisive engagements. The program shall focus on operational activities to
disrupt and combat terrorism activities and attacks such as curtailing, recruitment, propaganda, finance
and logistics, the protection of potential targets, the exchange of intelligence with foreign countries, and
the arrest of suspected terrorists;

(c) International affairs and capacity building program — The program shall endeavor to
build the State's capacity to prevent and combat terrorism by strengthening the collaborative mechanisms
between and among ATC members and support agencies and facilitate cooperation among relevant
stakeholders, both local and international, in the battle agamst terrorism; and

(d) Legal affairs program — The program shall ensure respect for human rights and
adherence to the rule of law as the fundamental bases of the fight against terrorism. It shall guarantee
compliance with the same as well as with international commitments to counterterrorism-related
protocols and bilateral and/or multilateral agreements.

Nothing herein shall be interpreted to empower the ATC to exercise any judicial or quasi-judicial
power or authority.
SEC. 46. Functions of the Council. — In pursuit of its mandate in the previous Section, the ATC shall
have the
following functions with due regard for the rights of the people as mandated by the Constitution and
pertinent laws:

(a) Formulate and adopt plans, programs, and preventive and counter-measures against
terrorists and terrorism in the country;

(b) Coordinate all national efforts to suppress and eradicate terrorism in the country and
mobilize the entire nation against terrorism prescribed in this Act;

(c) Direct the speedy investigation and prosecution of all persons detained or accused for
any crime defined and penalized under this Act;

(d) Monitor the progress of the investigation and prosecution of all persons accused and/or
detained for any crime defined and penalized under the provisions of this Act;

(e) Establish and maintain comprehensive database information systems on terrorism,


terrorist activities, and counterterrorism operations;

(f) Enlist the assistance of and file the appropriate action with the AMLC to freeze and
forfeit the funds, bank deposits, placements, trust accounts, assets and property of whatever kind and
nature belonging (i) to a person suspected of or charged with alleged violation of any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, (ii) between members of a
judicially declared and outlawed terrorist organization or association as provided in Section 26 of this
Act; (iji) to designated persons defined under Section 3(e) of R. A. No. 10168; (iv) to an individual
member of such designated persons; or (v) any individual, organization, association or group of persons
proscribed under Section 26 hereof;

(g) 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 found
guilty for violation of any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11

and 12 of this Act: Provided, That, no monetary reward shall be granted to informants unless the
accused's demurrer to evidence has been denied or the prosecution has rested its case without such
demurrer having been filed;
(h) Establish and maintain coordination with and the cooperation and assistance of other
states, jurisdictions, international entities and organizations in preventing and combating international
terrorism;

(i)Take action on relevant resolutions issued by the UN Security Council acting under Chapter VII
of the UN Charter; and consistent with the national interest, take action on foreign requests to designate
terrorist individuals, associations, organizations or group of persons;

(j)Take measures to prevent the acquisition and proliferation by terrorists of weapons of mass
destruction;

(k) Lead in the formulation and implementation of a national strategic plan to prevent and
combat terrorism;

(l)Request the Supreme Court to designate specific divisions of the Court of Appeals or Regional
Trial Courts to handle all cases involving the crimes defined and penalized under this Act;

(m) Require other government agencies, offices and entities and officers and employees and
non-government organizations, private entities and individuals to render assistance to the ATC in the
performance of its mandate; and

(n) Investigate motu proprio or upon complaint any report of abuse, malicious application or
improper implementation by any person of the provisions of this Act.

SEC. 47. Commission on Human Rights (CHR). — The CHR 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.
SEC. 48. Ban on Extraordinary Rendition. — No person suspected or convicted of any of the crimes
defined and penalized under the provisions of Sections 4, 5, 6, 7, 8, 9, 10, Il or 12 of this Act shall be
subjected to extraordinary rendition to any country.

SEC. 49. Extraterritorial Application. — Subject to the provision of any 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:
(a) To a Filipino citizen or national who commits any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the
Philippines;

(b) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial limits of
the Philippines;
(c) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes mentioned m Paragraph (a) hereof on board Philippme ship or
Philippine airship;

(d) To individual persons who commit any of said crimes mentioned in Paragraph (a) hereof within
any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government
in an official capacity;

(e) To individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes mentioned in Paragraph (a) hereof against Philippine citizens or persons
of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime;
and
(f) To individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.

In case of an individual who is neither a citizen or a national of the Philippmes who commits any
of the crimes mentioned in Paragraph (a) hereof outside the territorial limits of the Philippines, the
Philippines shall exercise jurisdiction only when such Individual enters or is inside the territory of the
Philippines: Provided, That, in the absence of any request for extradition from the state where the crime
was committed or the state where the individual is a citizen or national, or the denial thereof, the ATC
shall refer the case to the BI for deportation or to the DOJ for prosecution in the same manner as if the
act constituting the offense had been committed in the Philippines.
SEC. 50. Joint Oversight Committee. — Upon the effectivity of this Act, a Joint Congressional
Oversight Committee is hereby constituted. The Committee shall be composed of twelve (12) members
with the chairperson of the Committee on Public Order of the Senate and the House of Representatives
as members and five (5) additional members from each House to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority shall be entitled to a pro-
rata representation but shall have at least two (2) representatives in the Committee.

In the exercise of its oversight functions, the Joint Congressional Oversight Committee shall have the
authority to summon law enforcement or military officers and the members of the ATC to appear before
it, and require them to answer questions and submit written reports of the acts they have done in the
implementation of this Act and render an annual report to both Houses of Congress as to its status and
implementation.
SEC. 5L Protection of Most Vulnerable Groups. — There shall be due regard for the welfare of
any suspects who are elderly, pregnant, persons with disability, women and children while they are
under Investigation, Interrogation or detention.
SEC. 52. Management of Persons Charged Under this Act. -- The Bureau of Jail Management
and Penology (BJMP) and the Bureau of Corrections (BuCoR) shall establish a system of assessment
and classification for persons charged for
committing terrorism and preparatory acts punishable under this Act. Said system shall cover the proper
management, handling, and interventions for said persons detained.
Persons charged under this Act shall be detained in existing facilities of the BJMP and the BuCoR.
SEC. 53. Trial of Persons Charged Under this Act. — Any person charged for violations of Sections
4, 5, 6, 7, 8, 9, 10, Il or 12 of this Act shall be tried in special courts created for this purpose. In this
regard, the Supreme Court shall designate certain branches of the Regional Trial Courts as anti terror
courts whose jurisdiction is exclusively limited to try violations of the abovementioned provisions of
this Act.
Persons charged under the provisions of this Act and witnesses shall be allowed to remotely appear and
provide testimonies through the use of video-conferencing and such other technology now known or
may hereafter be known to science as approved by the Supreme Court.
SEC. 54. Implementing Rules and Regulations. — The ATC and the DOJ, with the active
participation of police and military institutions, shall promulgate the rules and regulations for the
effective implementation of this Act within ninety (90) days after its effectivity. They shall also
ensure the full dissemination of such rules and regulations to both Houses of Congress, and all
officers and members of various law enforcement agencies.

SEC. 55. 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. 56. Repealing Clause. — Republic Act No. 9372, otherwise known as the "Human Security Act
of 2007", is hereby repealed. 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. 57. Saving Clause. — All judicial decisions and orders issued, as well as pending actions relative
to the implementation of Republic Act No. 9372, otherwise known as the "Human Security Act of
2007", prior to its repeal shall remain valid and effective.
SEC. 58. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
This Act was passed by the Senate of the Philippines as Senate Bill No. 1083 on February 26,
2020, and adopted by the House of Representatives as an amendment to House Bill No. 6875 on June 5,
2020, respectively.

You might also like