REPUBLIC
ACT NO. 9372
AN ACT
TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and
House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall henceforth be known
as the “Human Security Act of 2007.â€
SEC. 2. Declaration of Policy. – It is declared a policy
of the State to protect life, liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the national security of the
country and to the welfare of the people, and to make terrorism a crime against
the Filipino people, against humanity, and against the law of nations.
In the implementation of the policy
stated above, the State shall uphold the basic rights and fundamental liberties
of the people as enshrined in the constitution.
The State recognizes that the 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 peace-building, 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. Terrorism. – Any person who commits an act
punishable under any of the following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General
and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The
Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a
condition of widespread and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful demand shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. – Persons who
conspire to commit the crime of terrorism shall suffer the penalty of forty
(40) years of imprisonment.
There is conspiracy when two or more
persons come to an agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. – Any person who, not being a
principal under Article 17 of the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by previous or simultaneous acts
shall suffer the penalty of from seventeen (17) years, four (4) months one day
to twenty (20) years of imprisonment.
SEC. 6. Accessory. – Any person who, having knowledge of
the commission of the crime of terrorism or conspiracy to commit terrorism, and
without having participated therein, either as principal or accomplice under
Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its
commission in any of the following manner: (a) by profiting himself 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; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph,
the penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the
same degrees, with the single exception of accessories falling within the
provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recording
of Communications. – The provisions of Republic Act No. 4200 (Anti-wire
Tapping Law) to the contrary notwithstanding, a police or law enforcement
official and the members of his team may, upon a written order of the Court of
Appeals, listen to, intercept and record, with the use of any mode, form, kind
or type of electronic or other surveillance equipment or intercepting and
tracking devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken or
written words between members of a judicially declared and outlawed terrorist
organization, association, or group of persons or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance,
interception and recording of communications between lawyers and clients,
doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. –
The written order of the authorizing division of the Court of Appeals to track
down, tap, listen to, intercept, and record communications, messages,
conversations, discussions, or spoken or written words of any person suspected
of the crime of terrorism or the crime of conspiracy to commit terrorism shall
only be granted by the authorizing division of the Court of Appeals upon an ex
parte written application of a police or of a law enforcement official who has
been duly authorized in writing by the Anti-Terrorism Council created in
Section 53 of this Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and the witnesses he may produce to
establish: (a) that there is probable cause to believe based on personal knowledge
of facts or circumstances that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is essential to the
conviction of any charged or suspected person for, or to the solution or
prevention of, any such crimes, will be obtained; and, (c) that there is no
other effective means readily available for acquiring such evidence.
SEC. 9. 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 its order, if any, to extend or renew the same, the original
application of the applicant, including his application to extend or renew, if
any, and the written authorizations of the Anti-Terrorism Council shall be
deemed and are hereby declared as classified information: Provided, That the
person being surveilled or whose communications, letters, papers, messages,
conversations. Discussions, spoken or written words and effects have been
monitored, listened to, bugged or recorded by law enforcement authorities has
the right to be informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the legality of
the interference before the Court of Appeals which issued the written order.
The written order of the authorizing division of the Court of Appeals shall
specify the following: (a) the identity, such as name and address, if known, of
the charged or suspected person whose communications, messages, conversations,
discussions, or spoken or written words are to be tracked down, tapped,
listened to, intercepted, and recorded and, in the case of radio, electronic,
or telephonic (whether wireless or otherwise) communications, messages,
conversations, discussions, or spoken or written words, the electronic
transmission systems or the telephone numbers to be tracked down, tapped, listened
to, intercepted, and recorded and their locations or if the person suspected of
the crime of terrorism or conspiracy to commit terrorism is not fully known,
such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so; (b) the identity (name, address, and the police or
law enforcement organization) of the police or of the law enforcement official,
including the individual identity (names, addresses, and the police or law
enforcement organization) of the members of his team, judicially authorized to
track down, tap, listen to, intercept, and record the communications, messages,
conversations, discussions, or spoken or written words; (c) the offense or
offenses committed, or being committed, or sought to be prevented; and, (d) the
length of time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. – Any
authorization granted by the authorizing division of the Court of Appeals,
pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of
time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of
receipt of the written order of the authorizing division of the Court of
Appeals by the applicant police or law enforcement official.
The authorizing division of the
Court of Appeals may extend or renew the said authorization for another
non-extendible period, which shall not exceed thirty (30) days from the
expiration of the original period: Provided, That the authorizing division of
the Court of Appeals is 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 Anti-Terrorism Council.
In case of death of the original
applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the
members of the team named in the original written order of the authorizing
division of the Court of Appeals shall 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 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.
If no case is filed within the
thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement
official who fails to notify the person subject of the surveillance,
monitoring, interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications.
– All tapes, discs, and recordings made pursuant to the authorization of the
authorizing division of the Court of Appeals, including all excerpts and
summaries thereof as well as all written notes or memoranda made in connection
therewith, shall, within forty-eight (48) hours after the expiration of the period
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 granted by the authorizing division of the Court of Appeals, be
deposited with the authorizing Division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and shall be accompanied by a
joint affidavit of the applicant police or law enforcement official and the
members of his team.
In case of death of the applicant or
in case he is physically disabled to execute the required affidavit, the one
next in rank to the applicant among the 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,
police officer or any custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to copy in whatever form, to
remove, delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever.
Any person who removes, deletes,
expunges incinerates, shreds or destroys the items enumerated above shall
suffer a penalty of not less than six (6) years and one day to twelve (12)
years of imprisonment.
SEC. 12. Contents of Joint Affidavit. – The joint
affidavit of the police or of the law enforcement official and the individual
members of his team shall state: (a) the number of tapes, discs, and recordings
that have been made, as well as the number of excerpts and summaries thereof
and the number of written notes and memoranda, if any, made in connection
therewith; (b) the dates and times covered by each of such tapes, discs, and
recordings; (c) the number of tapes, discs, and recordings, as well as the
number of excerpts and summaries thereof and the number of written notes and
memoranda made in connection therewith that have been included in the deposit;
and (d) the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte application to
conduct the tracking down, tapping, intercepting, and recording, as well as the
date of any extension or renewal of the original written authority granted by
the authorizing division of the Court of Appeals.
The joint affidavit shall also
certify under oath that no duplicates or copies of the whole or any part of any
of such tapes, discs, and recordings, and that no duplicates or copies of the
whole or any part of any of such excerpts, summaries, written notes, and
memoranda, have been made, or, if made, that all such duplicates and copies are
included in the sealed envelope or sealed package, as the case may be,
deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person,
police or law enforcement official to omit or exclude from the joint affidavit
any item or portion thereof mentioned in this Section.
Any person, police or law
enforcement officer who violates any of the acts proscribed in the preceding
paragraph shall suffer the penalty of not less than ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Materials. – The sealed
envelope or sealed package and the contents thereof, which are deposited with
the authorizing division of the Court of Appeals, shall be deemed and are
hereby declared classified information, and the sealed envelope or sealed
package shall not be opened and its contents (including the tapes, discs, and
recordings and all the excerpts and summaries thereof and the notes and
memoranda made in connection therewith) shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized by written order of the
authorizing division of the Court of Appeals, which written order shall be
granted only upon a written application of the Department of Justice filed
before the authorizing division of the Court of Appeals and only upon a showing
that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application with proper written notice the
person whose conversation, communication, message discussion or spoken or
written words have been the subject of surveillance, monitoring, recording and
interception to open, reveal, divulge, and use the contents of the sealed
envelope or sealed package as evidence.
Any person, law enforcement official
or judicial authority who violates his duty to notify in writing the persons
subject of the surveillance as defined above shall suffer the penalty of six
(6) years and one day to eight (8) years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelop or Sealed
Package. – The written application with notice to the party concerned to
open the deposited sealed envelope or sealed package shall clearly state the
purpose or reason: (a) for opening the sealed envelope or sealed package; (b)
for revealing or disclosing its classified contents; (c) for replaying,
divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written
words (including any of the excerpts and summaries thereof and any of the notes
or memoranda made in connection therewith); and, (d) for using any of said
listened to ,intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the excerpts and
summaries thereof and any of the notes or memoranda made in connection
therewith) as evidence.
Any person, law enforcement official
or judicial authority who violates his duty to notify as defined above shall
suffer the penalty of six (6) years and one day to eight (8) years of
imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. – Any
listened to, intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or any
information or fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been secured in violation of
the pertinent provisions of this Act, shall absolutely not be admissible and
usable as evidence against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or malicious Interceptions
and/or Recordings. – Any police or law enforcement personnel who, not
being authorized to do so by the authorizing division of the Court of Appeals,
tracks down, taps, listens to, intercepts, and records in whatever manner or
form any communication, message, conversation, discussion, or spoken or written
word of a person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism shall be guilty of an offense and shall
suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
In addition to the liability
attaching to the offender for the commission of any other offense, the penalty
of ten (10) years and one day to twelve (12) years of imprisonment and the
accessory penalty of perpetual absolute disqualification from public office
shall be imposed upon any police or law enforcement personnel who maliciously
obtained an authority from the Court of Appeals to track down, tap, listen to,
intercept, and record in whatever manner or form any communication, message,
conversation, discussion, or spoken or written words of a person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism:
Provided, That notwithstanding Section 13 of this Act, the party aggrieved by
such authorization shall be allowed access to the sealed envelope or sealed
package and the contents thereof as evidence for the prosecution of any police
or law enforcement personnel who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association,
or Group of Persons. – Any organization, association, or group of persons
organized for the purpose of engaging in terrorism, or which, although not
organized for that purpose, actually uses the acts to terrorize mentioned in
this Act or to sow and create a condition of widespread and extraordinary fear
and panic among the populace in order to coerce the government to give in to an
unlawful demand shall, upon application of the Department of Justice before a
competent Regional Trial Court, with due notice and opportunity to be heard
given to the organization, association, or group of persons concerned, be
declared as a terrorist and outlawed organization, association, or group of
persons by the said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest.
– The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism Council has taken custody of a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without incurring any criminal liability
for delay in the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to the proper judicial
authority within a period of three (3) days counted from the moment the said charged
or suspected person has been apprehended or arrested, detained, and taken into
custody by the said police, or law enforcement personnel: Provided, That the
arrest of those suspected of the crime of terrorism or conspiracy to commit
terrorism must result from the surveillance under Section 7 and examination of
bank deposits under Section 27 of this Act.
The police or law enforcement
personnel concerned shall, before detaining the person suspected of the crime
of terrorism, present him or her before any judge at the latter’s residence
or office nearest the place where the arrest took place at any time of the day
or night. It shall be the duty of the judge, among other things, to ascertain
the identity of the police or law enforcement personnel and the person or
persons they have arrested and presented before him or her, to inquire of them
the reasons why they have arrested the person and determine by questioning and
personal observation whether or not the suspect has been subjected to any
physical, moral or psychological torture by whom and why. The judge shall then
submit a written report of what he/she had observed when the subject was
brought before him to the proper court that has jurisdiction over the case of
the person thus arrested. the judge shall forthwith submit his/her report
within three (3) calendar days from the time the suspect was brought to his/her
residence or office.
Immediately after taking custody of
a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism, the police or law enforcement personnel shall notify in
writing the judge of the court nearest the place of apprehension or arrest:
Provided, That where the arrest is made during saturdays, sundays, holidays or
after office hours, the written notice shall be served at the residence of the
judge nearest the place where the accused was arrested.
The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon the police
or law enforcement personnel who fails to notify any judge as provided in the
preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or
Imminent Terrorist Attack. – In the event of an actual or imminent
terrorist attack, suspects may not be detained for more than three (3) days
without the written approval of a municipal, city, provincial or regional
official of a Human Rights Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of Appeals nearest the place
of the arrest. If the arrest is made during Saturdays, Sundays, holidays or
after office hours, the arresting police or law enforcement personnel shall
bring the person thus arrested to the residence of any of the officials
mentioned above that is nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured by the police
or law enforcement personnel concerned within five (5) days after the date of
the detention of the persons concerned: Provided, however, That within three
(3) days after the detention the suspects, whose connection with the terror
attack or threat is not established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper
Judicial Authority Within Three (3) Days. – The penalty of ten (10) years
and one day to twelve (12) years of imprisonment shall be imposed upon any
police or law enforcement personnel who has apprehended or arrested, detained
and taken custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism and fails to deliver such charged
or suspected person to the proper judicial authority within the period of three
(3) days.
SEC. 21. Rights of a Person Under Custodial Detention. –
The moment a person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism is apprehended or arrested and
detained, he shall forthwith be informed, by the arresting police or law
enforcement officers or by the police or law enforcement officers to whose
custody the person concerned is brought, of his or her right: (a) to be
informed of the nature and cause of his arrest, to remain silent and to have
competent and independent counsel preferably of his choice. If the person
cannot afford the services of counsel of his or her choice, the police or law
enforcement officers concerned shall immediately contact the free legal
assistance unit of the Integrated Bar of the Philippines (IBP) or the Public
Attorney’s Office (PAO). It shall be the duty of the free legal assistance
unit of the IBP or the PAO thus contacted to immediately visit the person(s)
detained and provide him or her with legal assistance. These rights cannot be
waived except in writing and in the presence of the counsel of choice; (b)
informed of the cause or causes of his detention in the presence of his legal
counsel; (c) allowed to communicate freely with his legal counsel and to confer
with them at any time without restriction; (d) allowed to communicate freely
and privately without restrictions with the members of his family or with his
nearest relatives and to be visited by them; and, (e) allowed freely to avail
of the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee.
– Any police or law enforcement personnel, or any personnel of the police or
other law enforcement custodial unit that violates any of the aforesaid rights
of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall suffer
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Unless the police or law enforcement
personnel who violated the rights of a detainee or detainees as stated above is
duly identified, the same penalty shall be imposed on the police officer or
head or leader of the law enforcement unit having custody of the detainee at
the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and Its
Contents. – The police or other law enforcement custodial unit in whose
care and control the person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism has been placed under custodial
arrest and detention shall keep a securely and orderly maintained official
logbook, which is hereby declared as a public document and opened to and made
available for the inspection and scrutiny of the lawyer or lawyers of the
person under custody or any member of his or her family or relative by
consanguinity or affinity within the fourth civil degree or his or her
physician at any time of the day or night without any form of restriction. The
logbook shall contain a clear and concise record of: (a) the name, description,
and address of the detained person; (b) the date and exact time of his initial
admission for custodial arrest and detention; (c) the name and address of the
physician or physicians who examined him physically and medically; (d) the
state of his health and physical condition at the time of his initial admission
for custodial detention; (e) the date and time of each removal of the detained
person from his cell for interrogation or for any purpose; (f) the date and
time of his return to his cell; (g) the name and address of the physician or
physicians who physically and medically examined him after each interrogation;
(h) a summary of the physical and medical findings on the detained person after
each of such interrogation; (i) the names and addresses of his family members
and nearest relatives, if any and if available; (j) the names and addresses of
persons who visit the detained person; (k) the date and time of each of such
visits; (l) the date and time of each request of the detained person to
communicate and confer with his legal counsel or counsels; (m) the date and
time of each visit, and date and time of each departure of his legal counsel or
counsels; and, (n) all other important events bearing on and all relevant
details regarding the treatment of the detained person while under custodial
arrest and detention.
The said police or law enforcement
custodial unit shall upon demand of the aforementioned lawyer or lawyers or
members of the family or relatives within the fourth civil degree of
consanguinity or affinity of the person under custody or his or her physician
issue a certified true copy of the entries of the logbook relative to the
concerned detained person without delay or restriction or requiring any fees
whatsoever including documentary stamp tax, notarial fees, and the like. This
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 police or other law enforcement
custodial unit who fails to comply with the preceding paragraph to keep an
official logbook shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and
Interrogation. – No threat, intimidation, or coercion, and no act which
will inflict any form of physical pain or torment, or mental, moral, or
psychological pressure, on the detained person, which shall vitiate his
free-will, shall be employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit terrorism; otherwise,
the evidence obtained from said detained person resulting from such threat,
intimidation, or coercion, or from such inflicted physical pain or torment, or
mental, moral, or psychological pressure, shall be, in its entirety, absolutely
not admissible and usable as evidence in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture
in the Investigation and Interrogation of a Detained Person. – Any person
or persons who use threat, intimidation, or coercion, or who inflict physical
pain or torment, or mental, moral, or psychological pressure, which shall
vitiate the free-will of a charged or suspected person under investigation and
interrogation for the crime of terrorism or the crime of conspiracy to commit
terrorism shall be guilty of an offense and shall suffer the penalty of twelve
(12) years and one day to twenty (20) years of imprisonment.
When death or serious permanent
disability of said detained person occurs as a consequence of the use of such
threat, intimidation, or coercion, or as a consequence of the infliction on him
of such physical pain or torment, or as a consequence of the infliction on him
of such mental, moral, or psychological pressure, the penalty shall be twelve
(12) years and one day to twenty (20) years of imprisonment
SEC. 26. Restriction on Travel. – In cases where
evidence of guilt is not strong, and the person charged with the crime of
terrorism or conspiracy to commit terrorism is entitled to bail and is granted
the same, the court, upon application by the prosecutor, shall limit the right
of travel of the accused to within the municipality or city where he resides or
where the case is pending, in the interest of national security and public
safety, consistent with Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the authorization of the court,
shall be deemed a violation of the terms and conditions of his bail, which
shall then be forfeited as provided under the Rules of Court.
He or she may also be placed under
house arrest by order of the court at his or her usual place of residence.
While under house arrest, he or she
may not use telephones, cellphones, e-mails, computers, the internet or other
means of communications with people outside the residence until otherwise
ordered by the court.
The restrictions abovementioned
shall be terminated upon the acquittal of the accused or of the dismissal of
the case filed against him or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records. – The provisions of Republic Act No.
1405 as amended, to the contrary notwithstanding, the justices of the Court of
Appeals designated as a special court to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause in a hearing called
for that purpose that (1) a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, (2) of a judicially declared and
outlawed terrorist organization, association, or group of persons, and (3) of a
member of such judicially declared and outlawed organization, association, or
group of persons, may authorize in writing any police or law enforcement
officer and the members of his/her team duly authorized in writing by the
anti-terrorism council to: (a) examine, or cause the examination of, the
deposits, placements, trust accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any relevant information
about such deposits, placements, trust accounts, assets, and records from a
bank or financial institution. the bank or financial institution concerned
shall not refuse to allow such examination or to provide the desired
information, when so ordered by and served with the written order of the Court
of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and
Records. – The written order of the Court of Appeals authorizing the
examination of bank deposits, placements, trust accounts, assets, and records:
(1) of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism, (2) of any judicially declared and outlawed
terrorist organization, association, or group of persons, or (3) of any member
of such organization, association, or group of persons in a bank or financial
institution, and the gathering of any relevant information about the same from
said bank or financial institution, shall only be granted by the authorizing
division of the Court of Appeals upon an ex parte application to that effect of
a police or of a law enforcement 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 or affirmation of the applicant and the witnesses he may
produce to establish the facts that will justify the need and urgency of
examining and freezing the bank deposits, placements, trust accounts, assets,
and records: (1) of the person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, (2) of a judicially declared and
outlawed terrorist organization, association or group of persons, or (3) of any
member of such organization, association, or group of persons.
SEC. 29. Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts, and Records. –
The written order granted by the authorizing division of the Court of Appeals
as well as its order, if any, to extend or renew the same, the original ex
parte application of the applicant, including his ex parte application to
extend or renew, if any, and the written authorizations of the Anti Terrorism
Council, shall be deemed and are hereby declared as classified information:
Provided, That the person whose bank deposits, placements, trust accounts,
assets, and records have been examined, frozen, sequestered and seized by law
enforcement authorities has the right to be informed of the acts done by the
law enforcement authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference. The written order of the
authorizing division of the Court of Appeals designated to handle cases
involving terrorism shall specify: (a) the identity of the said: (1) person
charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism, (2) judicially declared and outlawed terrorist organization,
association, or group of persons, and (3) member of such judicially declared
and outlawed organization, association, or group of persons, as the case may
be, whose deposits, placements, trust accounts, assets, and records are to be
examined or the information to be gathered; (b) the identity of the bank or
financial institution where such deposits, placements, trust accounts, assets,
and records are held and maintained; (c) the identity of the persons who will
conduct the said examination and the gathering of the desired information; and,
(d) the length of time the authorization shall be carried out.
SEC. 30. Effective Period of Court Authorization to Examine and
Obtain Information on Bank Deposits, Accounts, and Records. – The
authorization issued or granted by the authorizing division of the Court of
Appeals to examine or cause the examination of and to freeze bank deposits,
placements, trust accounts, assets, and records, or to gather information about
the same, shall be effective for the length of time specified in the written
order of the authorizing division of the Court of Appeals, which shall not
exceed a period of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals by the applicant
police or law enforcement official.
The authorizing division of the
Court of Appeals may extend or renew the said authorization for another period,
which shall not exceed thirty (30) days renewable to another thirty (30) days
from the expiration of the original period, provided that the authorizing
division of the Court of Appeals is satisfied that such extension or renewal is
in the public interest, and provided further that the application for extension
or renewal, which must be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism Council.
In case of death of the original
applicant or in case he 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 of the authorizing
division of the 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 19 hereof, the applicant police or law
enforcement official 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.
If no case is filed within the
thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify in writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets and records. The
penalty of ten (10) years and one day to twelve (12) years of imprisonment
shall be imposed upon the applicant police or law enforcement official who
fails to notify in writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets and records.
Any person, law enforcement official
or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six (6) years and one day to eight (8) years
of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after
Examination of Deposits, Placements, Trust Accounts, Assets and Records.
– All information, data, excerpts, summaries, notes, memoranda, working
sheets, reports, and other documents obtained from the examination of the bank
deposits, placements, trust accounts, assets and records of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism, (2) a judicially declared and outlawed terrorist
organization, association, or group of persons, or (3) a member of any such
organization, association, or group of persons shall, within forty-eight (48)
hours after the expiration of the period fixed in the written order of the
authorizing division of the Court of Appeals or within forty-eight (48) hours
after the expiration of the extension or renewal granted by the authorizing
division of the Court of Appeals, be deposited with the authorizing division of
the Court of Appeals in a sealed envelope or sealed package, as the case may
be, and shall be accompanied by a joint affidavit of the applicant police or
law enforcement official and the persons who actually conducted the examination
of said bank deposits, placements, trust accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. – The joint
affidavit shall state: (a) the identifying marks, numbers, or symbols of the
deposits, placements, trust accounts, assets, and records examined; (b) the
identity and address of the bank or financial institution where such deposits,
placements, trust accounts, assets, and records are held and maintained; (c)
the number of bank deposits, placements, trust accounts, assets, and records
discovered, examined, and frozen; (d) the outstanding balances of each of such
deposits, placements, trust accounts, assets; (e) all information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, documents,
records examined and placed in the sealed envelope or sealed package deposited
with the authorizing division of the Court of Appeals; (f) the date of the
original written authorization granted by the Anti-Terrorism Council to the
applicant to file the ex parte application to conduct the examination of the
said bank deposits, placements, trust accounts, assets and records, as well as
the date of any extension or renewal of the original written authorization
granted by the authorizing division of the Court of Appeals; and (g) that the
items enumerated were all that were found in the bank or financial institution
examined at the time of the completion of the examination.
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 documents
acquired from the examination of the bank deposits, placements, trust accounts,
assets and records have been made, or, if made, that all such duplicates and
copies are placed in the sealed envelope or sealed package deposited with the
authorizing division of the Court of Appeals.
It shall be unlawful for any person,
police officer or custodian of the bank data and information obtained after
examination of deposits, placements, trust accounts, assets and records to
copy, to remove, delete, expunge, incinerate, shred or destroy in any manner
the items enumerated above in whole or in part under any pretext whatsoever.
Any person who copies, removes,
deletes, expunges incinerates, shreds or destroys the items enumerated above
shall suffer a penalty of not less than six (6) years and one day to twelve
(12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. – The sealed
envelope or sealed package and the contents thereof, which are deposited with
the authorizing division of the Court of Appeals, shall be deemed and are
hereby declared 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 of Appeals, which written order shall be
granted only upon a written application of the Department of Justice filed
before the authorizing division of the Court of Appeals and only upon a showing
that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application, with notice in writing to the
party concerned not later than three (3) days before the scheduled opening, to
open, reveal, divulge, and use the contents of the sealed envelope or sealed
package as evidence.
Any person, law enforcement official
or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six (6) years and one day to eight (8) years
of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. –
The written application, with notice in writing to the party concerned not
later than three (3) days of the scheduled opening, to open the sealed envelope
or sealed package shall clearly state the purpose and reason: (a) for opening
the sealed envelope or sealed package; (b) for revealing and disclosing its
classified contents; and, (c) for using the classified information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, and documents
as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. –
Any information, data, excerpts, summaries, notes, memoranda, work sheets,
reports, or documents acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a person charged or
suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism, (2) a judicially declared and outlawed terrorist organization,
association, or group of persons, or (3) a member of such organization,
association, or group of persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a
Bank or a Financial Institution. – Any person, police or law enforcement
personnel who examines the deposits, placements, trust accounts, assets, or
records in a bank or financial institution of: (1) a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism, (2) a judicially declared and outlawed terrorist organization,
association, or group of persons, or (3) a member of such organization,
association, or group of persons, without being authorized to do so by the
Court of Appeals, shall be guilty of an offense and shall suffer the penalty of
ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability
attaching to the offender for the commission of any other offense, the penalty
of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel, who maliciously obtained
an authority from the Court of Appeals to examine the deposits, placements,
trust accounts, assets, or records in a bank or financial institution of: (1) a
person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism, (2) a judicially declared and outlawed terrorist
organization, association, or group of persons, or (3) a member of such
organization, association, or group of persons: Provided, That notwithstanding
Section 33 of this Act, the party aggrieved by such authorization shall upon
motion duly filed be allowed access to the sealed envelope or sealed package
and the contents thereof as evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said authorization.
SEC. 37. Penalty of 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 refuses to allow the
examination of the deposits, placements, trust accounts, assets, and records
of: (1) a person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism, (2) a judicially declared and outlawed
terrorist organization, association, or group of persons, or (3) a member of
such judicially declared and outlawed organization, association, or group of
persons in said bank or financial institution, when duly served with the
written order of the authorizing division of the Court of Appeals, shall be
guilty of an offense and shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits. – Any false or
untruthful statement or misrepresentation of material fact in the joint
affidavits required respectively in Section 12 and Section 32 of this Act shall
constitute a criminal offense and the affiants shall suffer individually the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. – The deposits and
their outstanding balances, placements, trust accounts, assets, and records in
any bank or financial institution, moneys, businesses, transportation and
communication equipment, supplies and other implements, and property of
whatever kind and nature belonging: (1) to any person suspected of or charged
before a competent Regional Trial Court for the crime of terrorism or the crime
of conspiracy to commit terrorism; (2) to a judicially declared and outlawed
organization, association, or group of persons; or (3) to a member of such
organization, association, or group of persons shall be seized, sequestered,
and frozen in order to prevent their use, transfer, or conveyance for purposes
that are inimical to the safety and security of the people or injurious to the
interest of the State.
The accused or a person suspected of
may withdraw such sums as may be reasonably needed by the monthly needs of his
family including the services of his or her counsel and his or her family’s
medical needs upon approval of the court. He or she may also use any of his
property that is under seizure or sequestration or frozen because of his or her
indictment as a terrorist upon permission of the court for any legitimate
reason.
Any person who unjustifiably refuses
to follow the order of the proper division of the Court of Appeals to allow the
person accused of the crime of terrorism or of the crime of conspiracy to
commit terrorism to withdraw such sums from sequestered or frozen deposits,
placements, trust accounts, assets and records as may be necessary for the
regular sustenance of his or her family or to use any of his or her property
that has been seized, sequestered or frozen for legitimate purposes while his
or her case is pending shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 40. Nature of Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. – The seized, sequestered
and frozen bank deposits, placements, trust accounts, assets and records
belonging to a person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism shall be deemed as property held in trust by the
bank or financial institution for such person and the government during the
pendency of the investigation of the person suspected of or during the pendency
of the trial of the person charged with any of the said crimes, as the case may
be and their use or disposition while the case is pending shall be subject to
the approval of the court before which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Record. – If the person
suspected of or charged with the crime of terrorism or conspiracy to commit
terrorism is found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits, placements, trust accounts,
assets and records shall forthwith be deemed lifted by the investigating body
or by the competent court, as the case may be, and his bank deposits,
placements, trust accounts, assets and records shall be deemed released from
such seizure, sequestration and freezing, and shall be restored to him without
any delay by the bank or financial institution concerned without any further
action on his part. The filing of any appeal on motion for reconsideration
shall not state the release of said funds from seizure, sequestration and
freezing.
If the person charged with the crime
of terrorism or conspiracy to commit terrorism is convicted by a final judgment
of a competent trial court, his seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records shall be automatically forfeited
in favor of the government.
Upon his or her acquittal or the dismissal
of the charges against him or her, the amount of Five Hundred Thousand Pesos
(P500,000.00) a day for the period in which his properties, assets or funds
were seized shall be paid to him on the concept of liquidated damages. The
amount shall be taken from the appropriations of the police or law enforcement
agency that caused the filing of the enumerated charges against him or her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in
Restoring Seized, Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. – 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 person suspected
of or charged with the crime of terrorism or conspiracy to commit terrorism
after such suspected person has been found innocent by the investigating body
or after the case against such charged person has been dismissed or after he is
acquitted by a competent court shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation
of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Records. – Any person who is responsible for the loss, misuse,
diversion, or dissipation of the whole or any part of the seized, sequestered
and frozen bank deposits, placements, trust accounts, assets and records of a
person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 44. 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: (a) twelve (12)
years and one day to twenty (20) years of imprisonment, if the detained person
has already been convicted and sentenced in a final judgment of a competent
court; and (b) six (6) years and one day to twelve (12) years of imprisonment,
if the detained person has not been convicted and sentenced in a final judgment
of a competent court.
SEC. 45. Immunity and Protection of Government Witnesses.
– The provisions of Republic Act No. 6981 (Witness Protection, Security and
Benefits Act) to the contrary notwithstanding, the immunity of government
witnesses testifying under this Act shall be governed by Sections 17 and 18 of
Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled
to benefits granted to witnesses under said Republic Act No. 6981.
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 authorized
by the Court of Appeals to do so, reveals in any manner or form any classified
information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document,
or Spurious Evidence. – The penalty of twelve (12) years and one day to
twenty (20) years of imprisonment shall be imposed upon any person who
knowingly furnishes false testimony, forged document or spurious evidence in
any investigation or hearing under this Act.
SEC. 48. Continuous Trial. – In cases of terrorism or
conspiracy to commit terrorism, the judge shall set the case for continuous
trial on a daily basis from Monday to Friday or other short-term trial calendar
so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall Be a Bar to Another
Prosecution Under the Revised Penal Code or Any Special Penal Laws. –
When a person has been prosecuted under a provision of this Act, upon a valid
complaint or information or other formal charge 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 under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. – Upon
acquittal, any person who is accused of terrorism shall be entitled to the
payment of damages in the amount of Five Hundred Thousand Pesos (P500,000.00)
for every day that he or she has been detained or deprived of liberty or
arrested without a warrant as a result of such an accusation. The amount of
damages shall be automatically charged against the appropriations of the police
agency or the Anti-Terrorism Council that brought or sanctioned the filing of
the charges against the accused. It shall also be released within fifteen (15)
days from the date of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the acquitted
accused to file criminal or administrative charges against those responsible
for charging him with the case of terrorism.
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 (6) months of imprisonment.
If the deductions are less than the
amounts due to the detained persons, the amount needed to complete the
compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot
be covered by the current budget of the police or law enforcement agency
concerned, the amount shall be automatically included in the appropriations of
the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of the
Informant. – The police or law enforcement officers to whom the name
of a suspect in the crime of terrorism was first revealed shall record the real
name and the specific address of the informant.
The police or law enforcement
officials concerned shall report the informant’s name and address to their
superior officer who shall transmit the information to the Congressional
Oversight Committee or to the proper court within five (5) days after the
suspect was placed under arrest or his properties were sequestered, seized or
frozen.
The name and address of the
informant shall be considered confidential and shall not be unnecessarily
revealed until after the proceedings against the suspect shall have been
terminated.
SEC. 52. Applicability of the Revised Penal Code. –
The provisions of Book I of the Revised Penal Code shall be applicable to this
Act.
SEC. 53. Anti-Terrorism Council. – An Anti-Terrorism
Council, hereinafter referred to, for brevity, as the “Council,†is
hereby created. The members of the Council are: (1) the Executive Secretary,
who shall be its chairperson; (2) the Secretary of Justice, who shall be its
Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary
of National Defense; (5) the Secretary of the Interior and Local Government;
(6) the Secretary of Finance; and (7) the National Security Advisor, as its
other members.
The Council shall implement this Act
and assume the responsibility for the proper and effective implementation of
the anti-terrorism policy of the country. The Council shall keep records of its
proceedings and decisions. All records of the Council shall be subject to such
security classifications as the Council may, in its judgment and discretion,
decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
The National Intelligence
Coordinating Agency shall be the Secretariat of the Council. The Council shall
define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense, the
Intelligence Service of the Armed Forces of the Philippines, the Anti-Money
Laundering Council, the Philippine Center on Transnational Crime, and the
Philippine National Police intelligence and investigative elements shall serve
as support agencies for the Council.
The Council shall formulate and
adopt comprehensive, adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and eradicate terrorism in the country
and to protect the people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to exercise any judicial or
quasi-judicial power or authority.
SEC. 54. Functions of the Council. – In pursuit of its
mandate in the previous Section, the Council shall have the following functions
with due regard for the rights of the people as mandated by the Constitution
and pertinent laws:
1. Formulate and adopt plans,
programs and counter-measures against terrorists and acts of terrorism in the
country;
2. Coordinate all national efforts
to suppress and eradicate acts of terrorism in the country and mobilize the
entire nation against terrorism proscribed in this Act;
3. Direct the speedy investigation
and prosecution of all persons accused or detained for the crime of terrorism
or conspiracy to commit terrorism and other offenses punishable under this Act,
and monitor the progress of their cases;
4. Establish and maintain
comprehensive data-base information systems on terrorism, terrorist activities,
and counter-terrorism operations;
5. Freeze the funds property, bank
deposits, placements, trust accounts, assets and records belonging to a person
suspected of or charged with the crime of terrorism or conspiracy to commit
terrorism, pursuant to Republic Act No. 9160 otherwise known as the Anti-Money
Laundering Act of 2001, as amended;
6. Grant monetary rewards and other
incentives to informers who give vital information leading to the apprehension,
arrest, detention, prosecution, and conviction of person or persons who are
liable for the crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain
coordination with and the cooperation and assistance of other nations in the
struggle against international terrorism; and
8. Request the Supreme Court to
designate specific divisions of the Court of Appeals and regional trial courts
in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all
cases involving the crime of terrorism or conspiracy to commit terrorism and
all matters incident to said crimes. The Secretary of Justice shall assign a
team of prosecutors from: (a) Luzon to handle terrorism cases filed in the
regional trial court in Manila; (b) from the Visayas to handle cases filed in
Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. – The
Commission on Human Rights shall give the highest priority to the investigation
and prosecution of violations of civil and political rights of persons in
relation to the implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to prosecute public
officials, law enforcers, and other persons who may have violated the civil and
political rights of persons suspected of, accused of, or detained for the crime
of terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. – There is
hereby created a Grievance Committee composed of the Ombudsman, as chair, and
the Solicitor General, and an undersecretary from the Department of Justice
(DOJ), as members, to receive and evaluate complaints against the actuations of
the police and law enforcement officials in the implementation of this Act. The
Committee shall hold office in Manila.
The Committee shall have three (3)
subcommittees that will be respectively headed by the Deputy Ombudsmen in
Luzon, the Visayas and Mindanao. The subcommittees shall respectively hold
office at the Offices of Deputy Ombudsmen. Three (3) 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 three (3) subcommittees shall assist the Grievance
Committee in receiving, investigating and evaluating complaints against the
police and other law enforcement officers in the implementation of the Act. If
the evidence warrants it, they may file the appropriate cases against the
erring police and law enforcement officers. Unless seasonably disowned or
denounced by the complainants, decisions or judgments in the said cases shall
preclude the filing of other cases based on the same cause or causes of action
as those that were filed with the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. – No person
suspected or convicted of the crime of terrorism shall be subjected to
extraordinary rendition to any country unless his or her testimony is needed
for terrorist related police investigations or judicial trials in the said
country and unless his or her human rights, including the right against
torture, and right to counsel, are officially assured by the requesting country
and transmitted accordingly and approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. –
Subject to the provision of an existing treaty of which the Philippines is a
signatory and to any contrary provision of any law of preferential application,
the provisions of this Act shall apply: (1) to individual persons who commit
any of the crimes defined and punished in this Act within the terrestrial
domain, interior waters, maritime zone, and airspace of the Philippines; (2) to
individual persons who, although physically outside the territorial limits of
the Philippines, commit, conspire or plot to commit any of the crimes defined
and punished in this Act inside the territorial limits of the Philippines; (3)
to individual persons who, although physically outside the territorial limits
of the Philippines, commit any of the said crimes on board Philippine ship or
Philippine airship; (4) to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises belonging to or occupied
by the Philippine government in an official capacity; (5) to individual persons
who, although physically outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or persons of Philippine
descent, where their citizenship or ethnicity was a factor in the commission of
the crime; and (6) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes directly against the
Philippine government.
SEC. 59. Joint Oversight Committee. – There is hereby
created a Joint Oversight Committee to oversee the implementation of this Act.
The Oversight Committee shall be
composed of five (5) members each from the Senate and the House in addition to
the Chairs of the Committees of Public Order of both Houses who shall also Chair
the Oversight Committee in the order specified herein. The membership of the
Committee for every House shall at least have two (2) opposition or minority
members. The Joint Oversight Committee shall have its own independent counsel.
The Chair of the Committee shall
rotate every six (6) months with the Senate chairing it for the first six (6)
months and the House for the next six (6) months. In every case, the ranking
opposition or minority member of the Committee shall be the Vice Chair.
Upon the expiration of one year
after this Act is approved by the President, the Committee shall review the Act
particularly the provisions that authorize the surveillance of suspects of or
persons charged with the crime of terrorism. To that end, the Committee shall summon
the police and law enforcement 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 report of the acts they have done in the implementation of
the law including the manner in which the persons suspected of or charged with
the crime of terrorism have been dealt with in their custody and from the date
when the movements of the latter were subjected to surveillance and his or her
correspondences, messages, conversations and the like were listened to or
subjected to monitoring, recording and tapping.
Without prejudice to its submitting
other reports, the Committee shall render a semi-annual report to both Houses
of Congress. The report may include where necessary a recommendation to
reassess the effects of globalization on terrorist activities on the people,
provide a sunset clause to or amend any portion of the Act or to repeal the Act
in its entirety.
The courts dealing with
anti-terrorism cases shall submit to Congress and the President a report every
six (6) 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 (3) newspapers of national circulation; three (3) newspapers of local
circulation, one each in Ilocos Norte, Baguio City and Pampanga; three (3)
newspapers of local circulation, one each in Cebu, Iloilo and Tacloban; and
three (3) 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 (7) days, morning, noon and night over three
(3) national television and radio networks; three (3) radio and television
networks, one each in Cebu, Tacloban and Iloilo; and in five (5) radio and
television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City,
Cotabato City and Zamboanga City. The publication in the newspapers of local
circulation and the announcements over local radio and television networks
shall be done in the dominant language of the community.
After the publication required above
shall have been done, the Act shall take effect two (2) months after the
elections are held in May 2007.
Thereafter, the provisions of this
Act shall be automatically suspended one month before and two months after the
holding of any election.