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Republic Act No. 9372 March! 2""7 enacted by the Senate and the House of Representatives of the Philippines in Congress assembled. T is declared a!olicy of the "tate to!rotect life, liberty, and!ro!erty fro# acts of terroris#. The "state shall u!hold the basic rights and funda#ental liberties of the!eo!le as enshrined in the
Republic Act No. 9372 March! 2""7 enacted by the Senate and the House of Representatives of the Philippines in Congress assembled. T is declared a!olicy of the "tate to!rotect life, liberty, and!ro!erty fro# acts of terroris#. The "state shall u!hold the basic rights and funda#ental liberties of the!eo!le as enshrined in the
Republic Act No. 9372 March! 2""7 enacted by the Senate and the House of Representatives of the Philippines in Congress assembled. T is declared a!olicy of the "tate to!rotect life, liberty, and!ro!erty fro# acts of terroris#. The "state shall u!hold the basic rights and funda#ental liberties of the!eo!le as enshrined in the
Metro Manila Thirteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven. Republic Act No. 9372 March ! 2""7 AN ACT T# S$C%R$ T&$ STAT$ AN' PR#T$CT #%R P$#P($ )R#M T$RR#R*SM Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: S$CT*#N +. Short Title. - This Act shall henceforth be known as the "&u,an Securit- Act of 2""7." S$C. 2. Declaration of Policy. - t is declared a !olicy of the "tate to !rotect life, liberty, and !ro!erty fro# acts of terroris#, to conde#n terroris# as ini#ical and dangerous to the national security of the country and to the welfare of the !eo!le, and to #ake terroris# a cri#e against the Fili!ino !eo!le, against hu#anity, and against the law of nations. n the i#!le#entation of the !olicy stated above, the "tate shall u!hold the basic rights and funda#ental liberties of the !eo!le as enshrined in the $onstitution. The "tate recogni%es that the &ght against terroris# re'uires a co#!rehensive a!!roach, co#!rising !olitical, econo#ic, di!lo#atic, #ilitary, and legal #eans duly taking into account the root causes of terroris# without acknowledging these as (usti&cations for terrorist and)or cri#inal activities. "uch #easures shall include con*ict #anage#ent and !ost-con*ict !eace-building, addressing the roots of con*ict by building state ca!acity and !ro#oting e'uitable econo#ic develo!#ent. +othing in this Act shall be inter!reted as a curtail#ent, restriction or di#inution of constitutionally recogni%ed !owers of the e,ecutive branch of the govern#ent. t is to be understood, however that the e,ercise of the constitutionally recogni%ed !owers of the e,ecutive de!art#ent of the govern#ent shall not !re(udice res!ect for hu#an rights which shall be absolute and !rotected at all ti#es. S$C. 3. Terrorism.- Any !erson who co##its an act !unishable under any of the following !rovisions of the -evised .enal $ode: a. Article /00 1.iracy in 2eneral and Mutiny in the 3igh "eas or in the .hili!!ine 4aters56 b. Article /78 1-ebellion or nsurrection56 c. Article /78-a 1$ou! d9 :tat5, including acts co##itted by !rivate !ersons6 d. Article 08; 1Murder56 e. Article 0<= 1>idna!!ing and "erious llegal ?etention56 f. Article 708 1$ri#es nvolving ?estruction5, or under /. .residential ?ecree +o. /</7 1The @aw on Arson56 0. -e!ublic Act +o. <A<A 1To,ic "ubstances and 3a%ardous and +uclear 4aste $ontrol Act of /AAB56 7. -e!ublic Act +o. C0B=, 1Ato#ic :nergy -egulatory and @iability Act of /A<;56 8. -e!ublic Act +o. <07C 1Anti-3i(acking @aw56 C. .residential ?ecree +o. C70 1Anti- .iracy and Anti-3ighway -obbery @aw of /A=856 and, <. .residential ?ecree +o. /;<<, as a#ended 1?ecree $odifying the @aws on llegal and Dnlawful .ossession, Manufacture, ?ealing in, Ac'uisition or ?is!osition of Firear#s, A##unitions or :,!losives5 thereby sowing and creating a condition of wides!read and e,traordinary fear and !anic a#ong the !o!ulace, in order to coerce the govern#ent to give in to an unlawful de#and shall be guilty of the cri#e of terroris# and shall suEer the !enalty of forty 18B5 years of i#!rison#ent, without the bene&t of !arole as !rovided for under Act +o. 8/B7, otherwise known as the ndeter#inate "entence @aw, as a#ended. S$C. .. Conspiracy to Commit Terrorism. - .ersons who cons!ire to co##it the cri#e of terroris# shall suEer the !enalty of forty 18B5 years of i#!rison#ent. There is cons!iracy when two or #ore !ersons co#e to an agree#ent concerning the co##ission of the cri#e of terroris# as de&ned in "ection 7 hereof and decide to co##it the sa#e. S$C. /. Accomplice. - Any !erson who, not being a !rinci!al under Article /= of the -evised .enal $ode or a cons!irator as de&ned in "ection 8 hereof, coo!erates in the e,ecution of either the cri#e of terroris# or cons!iracy to co##it terroris# by !revious or si#ultaneous acts shall suEer the !enalty of fro# seventeen 1/=5 years, four #onths one day to twenty 10B5 years of i#!rison#ent. S$C. . Accessory. - Any !erson who, having knowledge of the co##ission of the cri#e of terroris# or cons!iracy to co##it terroris#, and without having !artici!ated therein, either as !rinci!al or acco#!lice under Articles /= and /; of the -evised .enal $ode, takes !art subse'uent to its co##ission in any of the following #anner: 1a5 by !ro&ting hi#self or assisting the oEender to !ro&t by the eEects of the cri#e6 1b5 by concealing or destroying the body of the cri#e, or the eEects, or instru#ents thereof, in order to !revent its discovery6 1c5 by harboring, concealing, or assisting in the esca!e of the !rinci!al or cons!irator of the cri#e, shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. +otwithstanding the above !aragra!h, the !enalties !rescribed for accessories shall not be i#!osed u!on those who are such with res!ect to their s!ouses, ascendants, descendants, legiti#ate, natural, and ado!ted brothers and sisters, or relatives by aFnity within the sa#e degrees, with the single e,ce!tion of accessories falling within the !rovisions of sub!aragra!h 1a5. S$C. 7. Surveillance of Suspects and Interception and Recording of Communications. -The !rovisions of -e!ublic Act +o. 80BB 1Anti-4ire Ta!!ing @aw5 to the contrary notwithstanding, a !olice or law enforce#ent oFcial and the #e#bers of his tea# #ay, u!on a written order of the $ourt of A!!eals, listen to, interce!t and record, with the use of any #ode, for#, kind or ty!e of electronic or other surveillance e'ui!#ent or interce!ting and tracking devices, or with the use of any other suitable ways and #eans for that !ur!ose, any co##unication, #essage, conversation, discussion, or s!oken or written words between #e#bers of a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons or of any !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#. Provided, That surveillance, interce!tion and recording of co##unications between lawyers and clients, doctors and !atients, (ournalists and their sources and con&dential business corres!ondence shall not be authori%ed. S$C. 0. Formal Application for Judicial Authorization. - The written order of the authori%ing division of the $ourt of A!!eals to track down, ta!, listen to, interce!t, and record co##unications, #essages, conversations, discussions, or s!oken or written words of any !erson sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# shall only be granted by the authori%ing division of the $ourt of A!!eals u!on an e, !arte written a!!lication of a !olice or of a law enforce#ent oFcial who has been duly authori%ed in writing by the Anti-Terroris# $ouncil created in "ection C7 of this Act to &le such e, !arte a!!lication, and u!on e,a#ination under oath or aFr#ation of the a!!licant and the witnesses he #ay !roduce to establish: 1a5 that there is !robable cause to believe based on !ersonal knowledge of facts or circu#stances that the said cri#e of terroris# or cons!iracy to co##it terroris# has been co##itted, or is being co##itted, or is about to be co##itted6 1b5 that there is !robable cause to believe based on !ersonal knowledge of facts or circu#stances that evidence, which is essential to the conviction of any charged or sus!ected !erson for, or to the solution or !revention of, any such cri#es, will be obtained6 and, 1c5 that there is no other eEective #eans readily available for ac'uiring such evidence. S$C. 9. Classication and Contents of the !rder of the Court. - The written order granted by the authori%ing division of the $ourt of A!!eals as well as its order, if any, to e,tend or renew the sa#e, the original a!!lication of the a!!licant, including his a!!lication to e,tend or renew, if any, and the written authori%ations of the Anti-Terroris# $ouncil shall be dee#ed and are hereby declared as classi&ed infor#ation: .rovided, That the !erson being surveilled or whose co##unications, letters, !a!ers, #essages, conversations, discussions, s!oken or written words and eEects have been #onitored, listened to, bugged or recorded by law enforce#ent authorities has the right to be infor#ed of the acts done by the law enforce#ent authorities in the !re#ises or to challenge, if he or she intends to do so, the legality of the interference before the $ourt of A!!eals which issued the written order. The written order of the authori%ing division of the $ourt of A!!eals shall s!ecify the following: 1a5 the identity, such as na#e and address, if known, of the charged or sus!ected !erson whose co##unications, #essages, conversations, discussions, or s!oken or written words are to be tracked down, ta!!ed, listened to, interce!ted, and recorded and, in the case of radio, electronic, or tele!honic 1whether wireless or otherwise5 co##unications, #essages, conversations, discussions, or s!oken or written words, the electronic trans#ission syste#s or the tele!hone nu#bers to be tracked down, ta!!ed, listened to, interce!ted, and recorded and their locations or if the !erson sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris# is not fully known, such !erson shall be sub(ect to continuous surveillance !rovided there is a reasonable ground to do so6 1b5 the identity 1na#e, address, and the !olice or law enforce#ent organi%ation5 of the !olice or of the law enforce#ent oFcial, including the individual identity 1na#es, addresses, and the !olice or law enforce#ent organi%ation5 of the #e#bers of his tea#, (udicially authori%ed to track down, ta!, listen to, interce!t, and record the co##unications, #essages, conversations, discussions, or s!oken or written words6 1c5 the oEense or oEenses co##itted, or being co##itted, or sought to be !revented6 and, 1d5 the length of ti#e within which the authori%ation shall be used or carried out. S$C. +". "#ective Period of Judicial Authorization. - Any authori%ation granted by the authori%ing division of the $ourt of A!!eals, !ursuant to "ection A1d5 of this Act, shall only be eEective for the length of ti#e s!eci&ed in the written order of the authori%ing division of the $ourt of A!!eals, which shall not e,ceed a !eriod of thirty 17B5 days fro# the date of recei!t of the written order of the authori%ing division of the $ourt of A!!eals by the a!!licant !olice or law enforce#ent oFcial. The authori%ing division of the $ourt of A!!eals #ay e,tend or renew the said authori%ation for another non- e,tendible !eriod, which shall not e,ceed thirty 17B5 days fro# the e,!iration of the original !eriod: .rovided, That the authori%ing division of the $ourt of A!!eals is satis&ed that such e,tension or renewal is in the !ublic interest: and Provided, further, That the e, !arte a!!lication for e,tension or renewal, which #ust be &led by the original a!!licant, has been duly authori%ed in writing by the Anti-Terroris# $ouncil. n case of death of the original a!!licant or in case he is !hysically disabled to &le the a!!lication for e,tension or renewal, the one ne,t in rank to the original a!!licant a#ong the #e#bers of the tea# na#ed in the original written order of the authori%ing division of the $ourt of A!!eals shall &le the a!!lication for e,tension or renewal: .rovided, That, without !re(udice to the liability of the !olice or law enforce#ent !ersonnel under "ection 0B hereof, the a!!licant !olice or law enforce#ent oFcial shall have thirty 17B5 days after the ter#ination of the !eriod granted by the $ourt of A!!eals as !rovided in the !receding !aragra!hs within which to &le the a!!ro!riate case before the .ublic .rosecutor9s GFce for any violation of this Act. f no case is &led within the thirty 17B5-day !eriod, the a!!licant !olice or law enforce#ent oFcial shall i##ediately notify the !erson sub(ect of the surveillance, interce!tion and recording of the ter#ination of the said surveillance, interce!tion and recording. The !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on the a!!licant !olice or law enforce#ent oFcial who fails to notify the !erson sub(ect of the surveillance, #onitoring, interce!tion and recording as s!eci&ed above. S$C. ++. Custody of Intercepted and Recorded Communications. - All ta!es, discs, and recordings #ade !ursuant to the authori%ation of the authori%ing division of the $ourt of A!!eals, including all e,cer!ts and su##aries thereof as well as all written notes or #e#oranda #ade in connection therewith, shall, within forty-eight 18;5 hours after the e,!iration of the !eriod &,ed in the written order of the authori%ing division of the $ourt of A!!eals or within forty-eight 18;5 hours after the e,!iration of any e,tension or renewal granted by the authori%ing division of the $ourt of A!!eals, be de!osited with the authori%ing ?ivision of the $ourt of A!!eals in a sealed envelo!e or sealed !ackage, as the case #ay be, and shall be acco#!anied by a (oint aFdavit of the a!!licant !olice or law enforce#ent oFcial and the #e#bers of his tea#. n case of death of the a!!licant or in case he is !hysically disabled to e,ecute the re'uired aFdavit, the one ne,t in rank to the a!!licant a#ong the #e#bers of the tea# na#ed in the written order of the authori%ing division of the $ourt of A!!eals shall e,ecute with the #e#bers of the tea# that re'uired aFdavit. t shall be unlawful for any !erson, !olice oFcer or any custodian of the ta!es, discs and recording, and their e,cer!ts and su##aries, written notes or #e#oranda to co!y in whatever for#, to re#ove, delete, e,!unge, incinerate, shred or destroy in any #anner the ite#s enu#erated above in whole or in !art under any !rete,t whatsoever. Any !erson who re#oves, deletes, e,!unges, incinerates, shreds or destroys the ite#s enu#erated above shall suEer a !enalty of not less than si, years and one day to twelve 1/05 years of i#!rison#ent. S$C. +2. Contents of Joint A$davit. - The (oint aFdavit of the !olice or of the law enforce#ent oFcial and the individual #e#bers of his tea# shall state: 1a5 the nu#ber of ta!es, discs, and recordings that have been #ade, as well as the nu#ber of e,cer!ts and su##aries thereof and the nu#ber of written notes and #e#oranda, if any, #ade in connection therewith6 1b5 the dates and ti#es covered by each of such ta!es, discs, and recordings6 1c5 the nu#ber of ta!es, discs, and recordings, as well as the nu#ber of e,cer!ts and su##aries thereof and the nu#ber of written notes and #e#oranda #ade in connection therewith that have been included in the de!osit6 and 1d5 the date of the original written authori%ation granted by the Anti- Terroris# $ouncil to the a!!licant to &le the e, !arte a!!lication to conduct the tracking down, ta!!ing, interce!ting, and recording, as well as the date of any e,tension or renewal of the original written authority granted by the authori%ing division of the $ourt of A!!eals. The (oint aFdavit shall also certify under oath that no du!licates or co!ies of the whole or any !art of any of such ta!es, discs, and recordings, and that no du!licates or co!ies of the whole or any !art of any of such e,cer!ts, su##aries, written notes, and #e#oranda, have been #ade, or, if #ade, that all such du!licates and co!ies are included in the sealed envelo!e or sealed !ackage, as the case #ay be, de!osited with the authori%ing division of the $ourt of A!!eals. t shall be unlawful for any !erson, !olice or law enforce#ent oFcial to o#it or e,clude fro# the (oint aFdavit any ite# or !ortion thereof #entioned in this "ection. Any !erson, !olice or law enforce#ent oFcer who violates any of the acts !rescribed in the !receding !aragra!h shall suEer the !enalty of not less than ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. +3. Disposition of Deposited %aterial. -The sealed envelo!e or sealed !ackage and the contents thereof, which are de!osited with the authori%ing division of the $ourt of A!!eals, shall be dee#ed and are hereby declared classi&ed infor#ation, and the sealed envelo!e or sealed !ackage shall not be o!ened and its contents 1including the ta!es, discs, and recordings and all the e,cer!ts and su##aries thereof and the notes and #e#oranda #ade in connection therewith5 shall not be divulged, revealed, read, re!layed, or used as evidence unless authori%ed by written order of the authori%ing division of the $ourt of A!!eals, which written order shall be granted only u!on a written a!!lication of the ?e!art#ent of Hustice &led before the authori%ing division of the $ourt of A!!eals and only u!on a showing that the ?e!art#ent of Hustice has been duly authori%ed in writing by the Anti-Terroris# $ouncil to &le the a!!lication with !ro!er written notice the !erson whose conversation, co##unication, #essage discussion or s!oken or written words have been the sub(ect of surveillance, #onitoring, recording and interce!tion to o!en, reveal, divulge, and use the contents of the sealed envelo!e or sealed !ackage as evidence. Any !erson, law enforce#ent oFcial or (udicial authority who violates his duty to notify in writing the !ersons sub(ect of the surveillance as de&ned above shall suEer the !enalty of si, years and one day to eight years of i#!rison#ent. S$C. +.. Application to !pen Deposited Sealed "nvelope or Sealed Pac&age. - The written a!!lication with notice to the !arty concerned to o!en the de!osited sealed envelo!e or sealed !ackage shall clearly state the !ur!ose or reason: 1a5 for o!ening the sealed envelo!e or sealed !ackage6 1b5 for revealing or disclosing its classi&ed contents6 1c5 for re!laying, divulging, and or reading any of the listened to, interce!ted, and recorded co##unications, #essages, conversations, discussions, or s!oken or written words 1including any of the e,cer!ts and su##aries thereof and any of the notes or #e#oranda #ade in connection therewith56 I and, 1d5 for using any of said listened to, interce!ted, and recorded co##unications, #essages, conversations, discussions, or s!oken or written words 1including any of the e,cer!ts and su##aries thereof and any of the notes or #e#oranda #ade in connection therewith5 as evidence. Any !erson, law enforce#ent oFcial or (udicial authority who violates his duty to notify as de&ned above shall suEer the !enalty of si, years and one day to eight years of i#!rison#ent. S$C. +/. "videntiary 'alue of Deposited %aterials. - Any listened to, interce!ted, and recorded co##unications, #essages, conversations, discussions, or s!oken or written words, or any !art or !arts thereof, or any infor#ation or fact contained therein, including their e,istence, content, substance, !ur!ort, eEect, or #eaning, which have been secured in violation of the !ertinent !rovisions of this Act, shall absolutely not be ad#issible and usable as evidence against anybody in any (udicial, 'uasi-(udicial, legislative, or ad#inistrative investigation, in'uiry, !roceeding, or hearing. S$C. +. Penalty for (nauthorized or %alicious Interceptions and)or Recordings. - Any !olice or law enforce#ent !ersonnel who, not being authori%ed to do so by the authori%ing division of the $ourt of A!!eals, tracks down, ta!s, listens to, interce!ts, and records in whatever #anner or for# any co##unication, #essage, conversation, discussion, or s!oken or written word of a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# shall be guilty of an oEense and shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. n addition to the liability attaching to the oEender for the co##ission of any other oEense, the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent and the accessory !enalty of !er!etual absolute dis'uali&cation fro# !ublic oFce shall be i#!osed u!on any !olice or law enforce#ent !ersonnel who #aliciously obtained an authority fro# the $ourt of A!!eals to track down, ta!, listen to, interce!t, and record in whatever #anner or for# any co##unication, #essage, conversation, discussion, or s!oken or written words of a !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#: .rovided, That notwithstanding "ection /7 of this Act, the !arty aggrieved by such authori%ation shall be allowed access to the sealed envelo!e or sealed !ackage and the contents thereof as evidence for the !rosecution of any !olice or law enforce#ent !ersonnel who #aliciously !rocured said authori%ation. S$C. +7. Proscription of Terrorist !rganizations* Association* or +roup of Persons. - Any organi%ation, association, or grou! of !ersons organi%ed for the !ur!ose of engaging in terroris#, or which, although not organi%ed for that !ur!ose, actually uses the acts to terrori%e #entioned in this Act or to sow and create a condition of wides!read and e,traordinary fear and !anic a#ong the !o!ulace in order to coerce the govern#ent to give in to an unlawful de#and shall, u!on a!!lication of the ?e!art#ent of Hustice before a co#!etent -egional Trial $ourt, with due notice and o!!ortunity to be heard given to the organi%ation, association, or grou! of !ersons concerned, be declared as a terrorist and outlawed organi%ation, association, or grou! of !ersons by the said -egional Trial $ourt. S$C. +0. Period of Detention ,ithout Judicial ,arrant of Arrest. - The !rovisions of Article /0C of the -evised .enal $ode to the contrary notwithstanding, any !olice or law enforce#ent !ersonnel, who, having been duly authori%ed in writing by the Anti-Terroris# $ouncil has taken custody of a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# shall, without incurring any cri#inal liability for delay in the delivery of detained !ersons to the !ro!er (udicial authorities, deliver said charged or sus!ected !erson to the !ro!er (udicial authority within a !eriod of three days counted fro# the #o#ent the said charged or sus!ected !erson has been a!!rehended or arrested, detained, and taken into custody by the said !olice, or law enforce#ent !ersonnel: .rovided, That the arrest of those sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris# #ust result fro# the surveillance under "ection = and e,a#ination of bank de!osits under "ection 0= of this Act. The !olice or law enforce#ent !ersonnel concerned shall, before detaining the !erson sus!ected of the cri#e of terroris#, !resent hi# or her before any (udge at the latter9s residence or oFce nearest the !lace where the arrest took !lace at any ti#e of the day or night. t shall be the duty of the (udge, a#ong other things, to ascertain the identity of the !olice or law enforce#ent !ersonnel and the !erson or !ersons they have arrested and !resented before hi# or her, to in'uire of the# the reasons why they have arrested the !erson and deter#ine by 'uestioning and !ersonal observation whether or not the sus!ect has been sub(ected to any !hysical, #oral or !sychological torture by who# and why. The (udge shall then sub#it a written re!ort of what he)she had observed when the sub(ect was brought before hi# to the !ro!er court that has (urisdiction over the case of the !erson thus arrested. The (udge shall forthwith sub#it his)her re!ort within three calendar days fro# the ti#e the sus!ect was brought to his)her residence or oFce. ##ediately after taking custody of a !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#, the !olice or law enforce#ent !ersonnel shall notify in writing the (udge of the court nearest the !lace of a!!rehension or arrest: .rovided ,That where the arrest is #ade during "aturdays, "undays, holidays or after oFce hours, the written notice shall be served at the residence of the (udge nearest the !lace where the accused was arrested. The !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on the !olice or law enforce#ent !ersonnel who fails to notify and (udge as .rovided in the !receding !aragra!h. S$C. +9. Period of Detention in the "vent of an Actual or Imminent Terrorist Attac&. - n the event of an actual or i##inent terrorist attack, sus!ects #ay not be detained for #ore than three days without the written a!!roval of a #unici!al, city, !rovincial or regional oFcial of a 3u#an -ights $o##ission or (udge of the #unici!al, regional trial court, the "andiganbayan or a (ustice of the $ourt of A!!eals nearest the !lace of the arrest. f the arrest is #ade during "aturdays, "undays, holidays or after oFce hours, the arresting !olice or law enforce#ent !ersonnel shall bring the !erson thus arrested to the residence of any of the oFcials #entioned above that is nearest the !lace where the accused was arrested. The a!!roval in writing of any of the said oFcials shall be secured by the !olice or law enforce#ent !ersonnel concerned within &ve days after the date of the detention of the !ersons concerned: Provided, however, That within three days after the detention the sus!ects, whose connection with the terror attack or threat is not established, shall be released i##ediately. S$C. 2". Penalty for Failure to Deliver Suspect to the Proper Judicial Authority -ithin Three Days. - The !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on any !olice or law enforce#ent !ersonnel who has a!!rehended or arrested, detained and taken custody of a !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris# and fails to deliver such charged or sus!ected !erson to the !ro!er (udicial authority within the !eriod of three days. S$C. 2+. Rights of a Person under Custodial Detention. - The #o#ent a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# is a!!rehended or arrested and detained, he shall forthwith be infor#ed, by the arresting !olice or law enforce#ent oFcers or by the !olice or law enforce#ent oFcers to whose custody the !erson concerned is brought, of his or her right: 1a5 to be infor#ed of the nature and cause of his arrest, to re#ain silent and to have co#!etent and inde!endent counsel !referably of his choice. f the !erson cannot aEord the services of counsel of his or her choice, the !olice or law enforce#ent oFcers concerned shall i##ediately contact the free legal assistance unit of the ntegrated Bar of the .hili!!ines 1B.5 or the .ublic Attorney9s GFce 1.AG5. t shall be the duty of the free legal assistance unit of the B. or the .AG thus contacted to i##ediately visit the !erson1s5 detained and !rovide hi# or her with legal assistance. These rights cannot be waived e,ce!t in writing and in the !resence of the counsel of choice6 1b5 infor#ed of the cause or causes of his detention in the !resence of his legal counsel6 1c5 allowed to co##unicate freely with his legal counsel and to confer with the# at any ti#e without restriction6 1d5 allowed to co##unicate freely and !rivately without restrictions with the #e#bers of his fa#ily or with his nearest relatives and to be visited by the#6 and, 1e5 allowed freely to avail of the service of a !hysician or !hysicians of choice. S$C. 22. Penalty for 'iolation of the Rights of a Detainee. - Any !olice or law enforce#ent !ersonnel, or any !ersonnel of the !olice or other law enforce#ent custodial unit that violates any of the aforesaid rights of a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# shall be guilty of an oEense and shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. Dnless the !olice or law enforce#ent !ersonnel who violated the rights of a detainee or detainees as stated above is duly identi&ed, the sa#e !enalty shall be i#!osed on the !olice oFcer or hear or leader of the law enforce#ent unit having custody of the detainee at the ti#e the violation was done. S$C. 23. Re.uirement for an !$cial Custodial /og0oo& and its Contents. - The !olice or other law enforce#ent custodial unit in whose care and control the !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# has been !laced under custodial arrest and detention shall kee! a securely and orderly #aintained oFcial logbook, which is hereby declared as a !ublic docu#ent and o!ened to and #ade available for .the ins!ection and scrutiny of the lawyer or lawyers of the !erson under custody or any #e#ber of his or her fa#ily or relative by consanguinity or aFnity within the fourth civil degree or his or her !hysician at any ti#e of the day or night without any for# of restriction. The logbook shall contain a clear and concise record of: 1a5 the na#e, descri!tion, and address of the detained !erson6 1b5 the date and e,act ti#e of his initial ad#ission for custodial arrest and detention6 1c5 the na#e and address of the !hysician or !hysicians who e,a#ined hi# !hysically and #edically6 1d5 the state of his health and !hysical condition at the ti#e of his initial ad#ission for custodial detention6 1e5 the date and ti#e of each re#oval of the detained !erson fro# his cell for interrogation or for any !ur!ose6 1f5 the date and ti#e of his return to his cell6 1g5 the na#e and address of the !hysician or !hysicians who !hysically and #edically e,a#ined hi# after each interrogation6 1h5 a su##ary of the !hysical and #edical &ndings on the detained !erson after each of such interrogation6 1i5 the na#es and addresses of his fa#ily #e#bers and nearest relatives, if any and if available6 1(5 the na#es and addresses of !ersons, who visit the detained !erson6 1k5 the date and ti#e of each of such visits6 1/5 the date and ti#e of each re'uest of the detained !erson to co##unicate and confer with his legal counsel or counsels6 1#5 the date and ti#e of each visit, and date and ti#e of each de!arture of his legal counsel or counsels6 and, 1n5 all other i#!ortant events bearing on and all relevant details regarding the treat#ent of the detained !erson while under custodial arrest and detention. The said !olice or law enforce#ent custodial unit shall u!on de#and of the afore#entioned lawyer or lawyers or #e#bers of the fa#ily or relatives within the fourth civil degree of consanguinity or aFnity of the !erson under custody or his or her !hysician issue a certi&ed true co!y of the entries of the logbook relative to the concerned detained !erson without delay or restriction or re'uiring any fees whatsoever including docu#entary sta#! ta,, notarial fees, and the like. This certi&ed true co!y #ay be attested by the !erson who has custody of the logbook or who allowed the !arty concerned to scrutini%e it at the ti#e the de#and for the certi&ed true co!y is #ade. The !olice or other law enforce#ent custodial unit who fails to co#!ly with the !receding !aragra!h to kee! an oFcial logbook shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. 2.. 1o Torture or Coercion in Investigation and Interrogation. - +o threat, inti#idation, or coercion, and no act which will in*ict any for# of !hysical !ain or tor#ent, or #ental, #oral, or !sychological !ressure, on the detained !erson, which shall vitiate his freewill, shall be e#!loyed in his investigation and interrogation for the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 otherwise, the evidence obtained fro# said detained !erson resulting fro# such threat, inti#idation, or coercion, or fro# such in*icted !hysical !ain or tor#ent, or #ental, #oral, or !sychological !ressure, shall be, in its entirety, absolutely not ad#issible and usable as evidence in any (udicial, 'uasi-(udicial, legislative, or ad#inistrative investigation, in'uiry, !roceeding, or hearing. S$C. 2/. Penalty for Threat* Intimidation* Coercion* or Torture in the Investigation and Interrogation of a Detained Person. - Any !erson or !ersons who use threat, inti#idation, or coercion, or who in*ict !hysical !ain or tor#ent, or #ental, #oral, or !sychological !ressure, which shall vitiate the free- will of a charged or sus!ected !erson under investigation and interrogation for the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris# shall be guilty of an oEense and shall suEer the !enalty of twelve 1/05 years and one day to twenty 10B5 years of i#!rison#ent. 4hen death or serious !er#anent disability of said detained !erson occurs as a conse'uence of the use of such threat, inti#idation, or coercion, or as a conse'uence of the in*iction on hi# of such !hysical !ain or tor#ent, or as a conse'uence of the in*iction on hi# of such #ental, #oral, or !sychological !ressure, the !enalty shall be twelve 1/05 years and one day to twenty 10B5 years of i#!rison#ent. S$C. 2. Restriction on Travel. - n cases where evidence of guilt is not strong, and the !erson charged with the cri#e of terroris# or cons!iracy to co##it terroris# is entitled to bail and is granted the sa#e, the court, u!on a!!lication by the !rosecutor, shall li#it the right of travel of the accused to within the #unici!ality or city where he resides or where the case is !ending, in the interest of national security and !ublic safety, consistent with Article , "ection < of the $onstitution. Travel outside of said #unici!ality or city, without the authori%ation of the court, shall be dee#ed a violation of the ter#s and conditions of his bail, which shall then be forfeited as !rovided under the -ules of $ourt. 3e)she #ay also be !laced under house arrest by order of the court at his or her usual !lace of residence. 4hile under house arrest, he or she #ay not use tele!hones, cell!hones, e-#ails, co#!uters, the internet or other #eans of co##unications with !eo!le outside the residence until otherwise ordered by the court. The restrictions above#entioned shall be ter#inated u!on the ac'uittal of the accused or of the dis#issal of the case &led against hi# or earlier u!on the discretion of the court on #otion of the !rosecutor or of the accused. S$C. 27. Judicial Authorization Re.uired to "2amine 3an& Deposits* Accounts* and Records. - The !rovisions of -e!ublic Act +o. /8BC as a#ended, to the contrary notwithstanding, the (ustices of the $ourt of A!!eals designated as a s!ecial court to handle anti-terroris# cases after satisfying the#selves of the e,istence of !robable cause in a hearing called for that !ur!ose that: 1/5 a !erson charged with or sus!ected of the cri#e of terroris# or, cons!iracy to co##it terroris#, 105 of a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 and 175 of a #e#ber of such (udicially declared and outlawed organi%ation, association, or grou! of !ersons, #ay authori%e in writing any !olice or law enforce#ent oFcer and the #e#bers of his)her tea# duly authori%ed in writing by the anti-terroris# council to: 1a5 e,a#ine, or cause the e,a#ination of, the de!osits, !lace#ents, trust accounts, assets and records in a bank or &nancial institution6 and 1b5 gather or cause the gathering of any relevant infor#ation about such de!osits, !lace#ents, trust accounts, assets, and records fro# a bank or &nancial institution. The bank or &nancial institution concerned, shall not refuse to allow such e,a#ination or to !rovide the desired infor#ation, when so, ordered by and served with the written order of the $ourt of A!!eals. S$C. 20. Application to "2amine 3an& Deposits* Accounts* and Records. - The written order of the $ourt of A!!eals authori%ing the e,a#ination of bank de!osits, !lace#ents, trust accounts, assets, and records: 1/5 of a !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#6 105 of any (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons, or 175 of any #e#ber of such organi%ation, association, or grou! of !ersons in a bank or &nancial institution, and the gathering of any relevant infor#ation about the sa#e fro# said bank or &nancial institution, shall only be granted by the authori%ing division of the $ourt of A!!eals u!on an e, !arte a!!lication to that eEect of a !olice or of a law enforce#ent oFcial who has been duly authori%ed in writing to &le such e, !arte a!!lication by the Anti-Terroris# $ouncil created in "ection C7 of this Act to &le such e, !arte a!!lication, and u!on e,a#ination under oath or aFr#ation of the a!!licant and, the witnesses he #ay !roduce to establish the facts that will (ustify the need and urgency of e,a#ining and free%ing the bank de!osits, !lace#ents, trust accounts, assets, and records: 1/5 of the !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#6 105 of a (udicially declared and outlawed terrorist organi%ation, association or grou! of !ersons6 or 175 of any #e#ber of such organi%ation, association, or grou! of !ersons. S$C. 29. Classication and Contents of the Court !rder Authorizing the "2amination of 3an& Deposits* Accounts* and Records. - The written order granted by the authori%ing division of the $ourt of A!!eals as well as its order, if any, to e,tend or renew the sa#e, the original e, !arte a!!lication of the a!!licant, including his e, !arte a!!lication to e,tend or renew, if any, and the written authori%ations of the Anti-Terroris# $ouncil, shall be dee#ed and are hereby declared as classi&ed infor#ation: .rovided, That the !erson whose bank de!osits, !lace#ents, trust accounts, assets, and records have been e,a#ined, fro%en, se'uestered and sei%ed by law enforce#ent authorities has the right to be infor#ed of the acts done by the law enforce#ent authorities in the !re#ises or to challenge, if he or she intends to do so, the legality of the interference. The written order of the authori%ing division of the $ourt of A!!eals designated to handle cases involving terroris# shall s!ecify: 1a5 the identify of the said: 1/5 !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#6 105 (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 and 175 #e#ber of such (udicially declared and outlawed organi%ation, association, or grou! of !ersons, as the case #ay be. whose de!osits, !lace#ents, trust accounts, assets, and records are to be e,a#ined or the infor#ation to be gathered6 1b5 the identity of the bank or &nancial nstitution where such de!osits, !lace#ents, trust accounts, assets, and records are held and #aintained6 1c5 the identity of the !ersons who will conduct the said e,a#ination and the gathering of the desired infor#ation6 and, 1d5 the length of ti#e the authori%ation shall be carried out. S$C. 3". "#ective Period of Court Authorization to "2amine and !0tain Information on 3an& Deposits* Accounts* and Records. - The authori%ation issued or granted by the authori%ing division of the $ourt of A!!eals to e,a#ine or cause the e,a#ination of and to free%e bank de!osits, !lace#ents, trust accounts, assets, and records, or to gather infor#ation about the sa#e, shall be eEective for the length of ti#e s!eci&ed in the written order of the authori%ing division of the $ourt of A!!eals, which shall not e,ceed a !eriod of thirty 17B5 days fro# the date of recei!t of the written order of the authori%ing division of the $ourt of A!!eals by the a!!licant !olice or law enforce#ent oFcial. The authori%ing division of the $ourt of A!!eals #ay e,tend or renew the said authori%ation for another !eriod, which shall not e,ceed thirty 17B5 days renewable to another thirty 17B5 days fro# the e,!iration of the original !eriod: .rovided, That the authori%ing division of the $ourt of A!!eals is satis&ed that such e,tension or renewal is in the !ublic interest: and, .rovided, further, That the a!!lication for e,tension or renewal, which #ust be &led by the original a!!licant, has been duly authori%ed in writing by the Anti-Terroris# $ouncil. n case of death of the original a!!licant or in case he is !hysically disabled to &le the a!!lication for e,tension or renewal, the one ne,t in rank to the original a!!licant a#ong the #e#bers of the rea# na#ed in the original written order of the authori%ing division of the $ourt of A!!eals shall &le the a!!lication for e,tension or renewal: .rovided, That, without !re(udice to the liability of the !olice or law enforce#ent !ersonnel under "ection /A hereof, the a!!licant !olice or law enforce#ent oFcial shall have thirty 17B5 days after the ter#ination of the !eriod granted by the $ourt of A!!eals as !rovided in the !receding !aragra!hs within which to &le the a!!ro!riate case before the .ublic .rosecutor9s GFce for any violation of this Act. f no case is &led within the thirty 17B5-day !eriod, the a!!licant !olice or law enforce#ent oFcial shall i##ediately notify in writing the !erson sub(ect of the bank e,a#ination and free%ing of bank de!osits, !lace#ents, trust accounts, assets and records. The !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on the a!!licant !olice or law enforce#ent oFcial who fails to notify in writing the !erson sub(ect of the bank e,a#ination and free%ing of bank de!osits, !lace#ents, trust accounts, assets and records. Any !erson, law enforce#ent oFcial or (udicial authority who violates his duty to notify in writing as de&ned above shall suEer the !enalty of si, years and one day to eight years of i#!rison#ent. S$C. 3+. Custody of 3an& Data and Information !0tained after "2amination of Deposits* Placements* Trust Accounts* Assets and Records. - All infor#ation, data, e,cer!ts, su##aries, notes, #e#oranda, working sheets, re!orts, and other docu#ents obtained fro# the e,a#ination of the bank de!osits, !lace#ents, trust accounts, assets and records of: 1/5 a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 105 a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 or 175 a #e#ber of any such organi%ation, association, or grou! of !ersons shall, within forty-eight 18;5 hours after the e,!iration of the !eriod &,ed in the written order of the authori%ing division of the $ourt of A!!eals or within forty-eight 18;5 hours after the e,!iration of the e,tension or renewal granted by the authori%ing division of the $ourt of A!!eals, be de!osited with the authori%ing division of the $ourt of A!!eals in a sealed envelo!e or sealed !ackage, as the case #ay be, and shall be acco#!anied by a (oint aFdavit of the a!!licant !olice or law enforce#ent oFcial and the !ersons who actually conducted the e,a#ination of said bank de!osits, !lace#ents, trust accounts, assets and records. S$C. 32. Contents of Joint A$davit. - The (oint aFdavit shall state: 1a5 the identifying #arks, nu#bers, or sy#bols of the de!osits, !lace#ents, trust accounts, assets, and records e,a#ined6 1b5 the identity and address of the bank or &nancial institution where such de!osits, !lace#ents, trust accounts, assets, and records are held and #aintained6 1c5 the nu#ber of bank de!osits, !lace#ents, trust accounts, assets, and records discovered, e,a#ined, and fro%en6 1d5 the outstanding balances of each of such de!osits, !lace#ents, trust accounts, assets6 1e5 all infor#ation, data, e,cer!ts, su##aries, notes, #e#oranda, working sheets, re!orts, docu#ents, records e,a#ined and !laced in the sealed envelo!e or sealed !ackage de!osited with the authori%ing division of the $ourt of A!!eals6 1f5 the date of the original written authori%ation granted by the Anti-Terroris# $ouncil to the a!!licant to &le the e, !arte A!!lication to conduct the e,a#ination of the said bank de!osits, !lace#ents, trust accounts, assets and records, as well as the date of any e,tension or renewal of the original written authori%ation granted by the authori%ing division of the $ourt of A!!eals6 and 1g5 that the ite#s :nu#erated were all that were found in the bank or &nancial institution e,a#ined at the ti#e of the co#!letion of the e,a#ination. The (oint aFdavit shall also certify under oath that no du!licates or co!ies of the infor#ation, data, e,cer!ts, su##aries, notes, #e#oranda, working sheets, re!orts, and docu#ents ac'uired fro# the e,a#ination of the bank de!osits, !lace#ents, trust accounts, assets and records have been #ade, or, if #ade, that all such du!licates and co!ies are !laced in the sealed envelo!e or sealed !ackage de!osited with the authori%ing division of the $ourt of A!!eals. t shall be unlawful for any !erson, !olice oFcer or custodian of the bank data and infor#ation obtained after e,a#ination of de!osits, !lace#ents, trust accounts, assets and records to co!y, to re#ove, delete, e,!unge, incinerate, shred or destroy in any #anner the ite#s enu#erated above in whole or in !art under any !rete,t whatsoever, Any !erson who co!ies, re#oves, deletes, e,!unges, incinerates, shreds or destroys the ite#s enu#erated above shall suEer a !enalty of not less than si, years and one day to twelve 1/05 years of i#!rison#ent. S$C. 33. Disposition of 3an& %aterials. - The sealed envelo!e or sealed !ackage and the contents thereof, which are de!osited with the authori%ing division of the $ourt of A!!eals, shall be dee#ed and are hereby declared classi&ed infor#ation and the sealed envelo!e or sealed !ackage shall not be o!ened and its contents shall not be divulged, revealed, read, or used as evidence unless authori%ed in a written order of the authori%ing division of the $ourt of A!!eals, which written order shall be granted only u!on a written a!!lication of the ?e!art#ent of Hustice &led before the authori%ing division of the $ourt of A!!eals and only u!on a showing that the ?e!art#ent of Hustice has been duly authori%ed in writing by the Anti-Terroris# $ouncil to &le the a!!lication, with notice in writing to the !arty concerned not later than three days before the scheduled o!ening, to o!en, reveal, divulge, and use the contents of the sealed envelo!e or sealed !ackage as evidence. Any !erson, law enforce#ent oFcial or (udicial authority who violates his duty to notify in writing as de&ned above shall suEer the !enalty of si, years and one day to eight years of i#!rison#ent. S$C. 3.. Application to !pen Deposited 3an& %aterials. - The written a!!lication, with notice in writing to the !arty concerned not later than three days of the scheduled o!ening, to o!en the sealed envelo!e or sealed !ackage shall clearly state the !ur!ose and reason: 1a5 for o!ening the sealed envelo!e or sealed !ackage6 1b5 for revealing and disclosing its classi&ed contents6 and, 1c5 for using the classi&ed infor#ation, data, e,cer!ts, su##aries, notes, #e#oranda, working sheets, re!orts, and docu#ents as evidence. S$C. 3/. "videntiary 'alue of Deposited 3an& %aterials. - Any infor#ation, data, e,cer!ts, su##aries, notes, #e#oranda, work sheets, re!orts, or docu#ents ac'uired fro# the e,a#ination of the bank de!osits, !lace#ents, trust accounts, assets and records of: 1/5 a !erson charged or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 105 a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 or 175 a #e#ber of such organi%ation, association, or grou! of !ersons, which have been secured in violation of the !rovisions of this Act, shall absolutely not be ad#issible and usable as evidence against anybody in any (udicial, 'uasi-(udicial, legislative, or ad#inistrative investigation, in'uiry, !roceeding, or hearing. S$C. 3. Penalty for (nauthorized or %alicious "2amination of a 3an& or a Financial Institution. - Any !erson, !olice or law enforce#ent !ersonnel who e,a#ines the de!osits, !lace#ents, trust accounts, assets, or records in a bank or &nancial institution of: 1/5 a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 105 a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 or 175 a #e#ber of such organi%ation, association, or grou! of !ersons, without being authori%ed to do so by the $ourt of A!!eals, shall be guilty of an oEense and shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. n addition to the liability attaching to the oEender for the co##ission of any other oEense, the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on any !olice or law enforce#ent !ersonnel, who #aliciously obtained an authority fro# the $ourt of A!!eals to e,a#ine the de!osits, !lace#ents, trust accounts, assets, or records in a bank or &nancial institution of: 1/5 a !erson charged with or sus!ected of the cri#e of terroris# or cons!iracy to co##it terroris#6 105 a (udicially declared and outlawed terrorist organi%ation, association, or grou! of !ersons6 or 175 a #e#ber of such organi%ation, association, or grou! of !ersons: .rovided, That notwithstanding "ection 77 of this Act, the !arty aggrieved by such authori%ation shall u!on #otion duly &led be allowed access to the sealed envelo!e or sealed !ackage and the contents thereof as evidence for the !rosecution of any !olice or law enforce#ent !ersonnel who #aliciously !rocured said authori%ation. S$C. 37. Penalty of 3an& !$cials and "mployees Defying a Court Authorization. - An e#!loyee, oFcial, or a #e#ber of the board of directors of a bank or &nancial institution, who refuses to allow the e,a#ination of the de!osits, !lace#ents, trust accounts, assets, and records of: 1/5 a !erson charged with or sus!ected of the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 105 a (udicially declared and outlawed organi%ation, association, or grou! of !ersons6 or 175 a #e#ber of such (udicially declared and outlawed organi%ation, association, or grou! of !ersons in said bank or &nancial institution, when duly served with the written order of the authori%ing division of the $ourt of A!!eals, shall be guilty of an oEense and shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. 30. Penalty for False or (ntruthful Statement or %isrepresentation of %aterial Fact in Joint A$davits. - Any false or untruthful state#ent or #isre!resentation of #aterial fact in the (oint aFdavits re'uired res!ectively in "ection /0 and "ection 70 of this Act shall constitute a cri#inal oEense and the aFants shall suEer individually the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. 39. Seizure and Se.uestration. - The de!osits and their outstanding balances, !lace#ents, trust accounts, assets, and records in any bank or &nancial institution, #oneys, businesses, trans!ortation and co##unication e'ui!#ent, su!!lies and other i#!le#ents, and !ro!erty of whatever kind and nature belonging: 1/5 to any !erson sus!ected of or charged before a co#!etent -egional Trial $ourt for the cri#e of terroris# or the cri#e of cons!iracy to co##it terroris#6 105 to a (udicially declared and outlawed organi%ation, association, or grou! of !ersons6 or 175 to a #e#ber of such organi%ation, association, or grou! of !ersons shall be sei%ed, se'uestered, and fro%en in order to !revent their use, transfer, or conveyance for !ur!oses that are ini#ical to the safety and security of the !eo!le or in(urious to the interest of the "tate. The accused or a !erson sus!ected of #ay withdraw such su#s as #ay be reasonably needed by the #onthly needs of his fa#ily including the services of his or her counsel and his or her fa#ily9s #edical needs u!on a!!roval of the court. 3e or she #ay also use any of his !ro!erty that is under sei%ure or se'uestration or fro%en because of his)her indict#ent as a terrorist u!on !er#ission of the court for any legiti#ate reason. Any !erson who un(usti&ably refuses to follow the order of the !ro!er division of the $ourt of A!!eals to allow the !erson accused of the cri#e of terroris# or of the cri#e of cons!iracy to co##it terroris# to withdraw such su#s fro# se'uestered or fro%en de!osits, !lace#ents, trust accounts, assets and records as #ay be necessary for the regular sustenance of his)her fa#ily or to use any of his)her !ro!erty that has been sei%ed, se'uestered or fro%en for legiti#ate !ur!oses while his)her case is !ending shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. .". 1ature of Seized4 Se.uestered and Frozen 3an& Deposits* Placements* Trust Accounts* Assets and Records. - The sei%ed, se'uestered and fro%en bank de!osits, !lace#ents, trust accounts, assets and records belonging to a !erson sus!ected of or charged with the cri#e of terroris# or cons!iracy to co##it terroris# shall be dee#ed as !ro!erty held in trust by the bank or &nancial institution for such !erson and the govern#ent during the !endency of the investigation of the !erson sus!ected of or during the !endency of the trial of the !erson charged with any of the said cri#es, as the case #ay be and their use or dis!osition while the case is !ending shall be sub(ect to the a!!roval of the court before which the case or cases are !ending. S$C. .+. Disposition of the Seized* Se.uestered and Frozen 3an& Deposits* Placements* Trust Accounts* Assets and Record. - f the !erson sus!ected of or charged with the cri#e of terroris# or cons!iracy to co##it terroris# is found, after his investigation, to be innocent by the investigating body, or is ac'uitted, after his arraign#ent or his case is dis#issed before his arraign#ent by a co#!etent court, the sei%ure, se'uestration and free%ing of his bank de!osits, !lace#ents, trust accounts, assets and records shall forthwith be dee#ed lifted by the investigating body or by the co#!etent court, as the case #ay be, and his bank de!osits, !lace#ents, trust accounts, assets and records shall be dee#ed released fro# such sei%ure, se'uestration and free%ing, and shall be restored to hi# without any delay by the bank or &nancial institution concerned without any further action on his !art. The &ling of any a!!eal on #otion for reconsideration shall not state the release of said funds fro# sei%ure, se'uestration and free%ing. f the !erson charged with the cri#e of terroris# or cons!iracy to co##it terroris# is convicted by a &nal (udg#ent of a co#!etent trial court, his sei%ed, se'uestered and fro%en bank de!osits, !lace#ents, trust accounts, assets and records shall be auto#atically forfeited in favor of the govern#ent. D!on his or her ac'uittal or the dis#issal of the charges against hi# or her, the a#ount of Five hundred thousand !esos 1.CBB.BBB.BB5 a day for the !eriod in which his !ro!erties, assets or funds were sei%ed shall be !aid to hi# on the conce!t of li'uidated da#ages. The a#ount shall be taken fro# the a!!ro!riations of the !olice or law enforce#ent agency that caused the &ling of the enu#erated charges against hi#)her. S$C. .2. Penalty for (n5ustied Refusal to Restore or Delay in Restoring Seized* Se.uestered and Frozen 3an& Deposits* Placements* Trust Accounts* Assets and Records. - Any !erson who un(usti&ably refuses to restore or delays the restoration of sei%ed, se'uestered and fro%en bank de!osits, !lace#ents, trust accounts, assets and records of a !erson sus!ected of or charged with the cri#e of terroris# or cons!iracy to co##it terroris# after such sus!ected !erson has been found innocent by the investigating body or after the case against such charged !erson has been dis#issed or after he is ac'uitted by a co#!etent court shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. .3. Penalty for the /oss* %isuse* Diversion or Dissipation of Seized* Se.uestered and Frozen 3an& Deposits* Placements* Trust Accounts* Assets and Records. - Any !erson who is res!onsible for the loss, #isuse, diversion, or dissi!ation of the whole or any !art of the sei%ed, se'uestered and fro%en bank de!osits, !lace#ents, trust accounts, assets and records of a !erson sus!ected of or charged with the cri#e of terroris# or cons!iracy to co##it terroris# shall suEer the !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent. S$C. ... Indelity in the Custody of Detained Persons. - Any !ublic oFcer who has direct custody of a detained !erson or under the !rovisions of this Act and who by his deliberate act, #isconduct, or ine,cusable negligence causes or allows the esca!e of such detained !erson shall be guilty of an oEense and shall suEer the !enalty of: 1a5 twelve 1/05 years and one day to twenty 10B5 years of i#!rison#ent, if the detained !erson has already been convicted and sentenced in a &nal (udg#ent of a co#!etent court6 and 1b5 si, years and one day to twelve 1/05 years of i#!rison#ent, if the detained !erson has not been convicted and sentenced in a &nal (udg#ent of a co#!etent court. S$C. ./. Immunity and Protection of +overnment ,itnesses. - The !rovisions of -e!ublic Act +o. <A;/ 14itness .rotection, "ecurity and Bene&ts Act5 to the contrary notwithstanding, the i##unity of govern#ent witnesses testifying under this Act shall be governed by "ections /= and /; of -ule //A of the -ules of $ourt: .rovided, however, That said witnesses shall be entitled to bene&ts granted to witnesses under said -e!ublic Act +o.<A;/. S$C. .. Penalty for (nauthorized Revelation of Classied %aterials. - The !enalty of ten 1/B5 years and one day to twelve 1/05 years of i#!rison#ent shall be i#!osed u!on any !erson, !olice or law enforce#ent agent, (udicial oFcer or civil servant who, not being authori%ed by the $ourt of A!!eals to do so, reveals in any #anner or for# any classi&ed infor#ation under this Act. S$C. .7. Penalty for Furnishing False "vidence* Forged Document* or Spurious "vidence. - The !enalty of twelve 1/05 years and one day to twenty 10B5 years of i#!rison#ent shall be i#!osed u!on any !erson who knowingly furnishes false testi#ony, forged docu#ent or s!urious evidence in any investigation or hearing under this Act. S$C. .0. Continuous Trial. - n cases of terroris# or cons!iracy to co##it terroris#, the (udge shall set the continuous trial on a daily basis fro# Monday to Friday or other short-ter# trial calendar so as to ensure s!eedy trial. S$C. .9. Prosecution (nder This Act Shall 0e a 3ar to Another Prosecution under the Revised Penal Code or any Special Penal /a-s. - 4hen a !erson has been !rosecuted under a !rovision of this Act, u!on a valid co#!laint or infor#ation or other for#al charge suFcient in for# and substance to sustain a conviction and after the accused had !leaded to the charge, the ac'uittal of the accused or the dis#issal of the case shall be a bar to another !rosecution for any oEense or felony which is necessarily included in the oEense charged under this Act. S$C. /". Damages for (nproven Charge of Terrorism. - D!on ac'uittal, any !erson who is accused of terroris# shall be entitled to the !ay#ent of da#ages in the a#ount of Five hundred thousand !esos 1.CBB,BBB.BB5 for every day that he or she has been detained or de!rived of liberty or arrested without a warrant as a result of such an accusation. The a#ount of da#ages shall be auto#atically charged against the a!!ro!riations of the !olice agency or the Anti-Terroris# $ouncil that brought or sanctioned the &ling of the charges against the accused. t shall also be released within &fteen 1/C5 days fro# the date of the ac'uittal of the accused. The award of da#ages #entioned above shall be without !re(udice to the right of the ac'uitted accused to &le cri#inal or ad#inistrative charges against those res!onsible for charging hi# with the case of terroris#. Any oFcer, e#!loyee, !ersonnel, or !erson who delays the release or refuses to release the a#ounts awarded to the individual ac'uitted of the cri#e of terroris# as directed in the !aragra!h i##ediately !receding shall suEer the !enalty of si, #onths of i#!rison#ent. f the deductions are less than the a#ounts due to the detained !ersons, the a#ount needed to co#!lete the co#!ensation shall be taken fro# the current a!!ro!riations for intelligence, e#ergency, social or other funds of the GFce of the .resident. n the event that the a#ount cannot be covered by the current budget of the !olice or law enforce#ent agency concerned, the a#ount shall be auto#atically included in the a!!ro!riations of the said agency for the co#ing year. S$C. /+. Duty to Record and Report the 1ame and Address of the Informant. - The !olice or law enforce#ent oFcers to who# the na#e or a sus!ect in the cri#e of terroris# was &rst revealed shall record the real na#e and the s!eci&c address of the infor#ant. The !olice or law enforce#ent oFcials concerned shall re!ort the infor#ant9s na#e and address to their su!erior oFcer who shall trans#it the infor#ation to the $ongressional Gversight $o##ittee or to the !ro!er court within &ve days after the sus!ect was !laced under arrest or his !ro!erties were se'uestered, sei%ed or fro%en. The na#e and address of the infor#ant shall be considered con&dential and shall not be unnecessarily revealed until after the !roceedings against the sus!ect shall have been ter#inated. S$C. /2. Applica0ility of the Revised Penal Code. - The !rovisions of Book of the -evised .enal $ode shall be a!!licable to this Act. S$C. /3. Anti6Terrorism Council. - An Anti-Terroris# $ouncil, hereinafter referred to, for brevity, as the "$ouncil," is hereby created. The #e#bers of the $ouncil are: 1/5 the :,ecutive "ecretary, who shall be its $hair!erson6 105 the "ecretary of Hustice, who shall be its Jice $hair!erson6 and 175 the "ecretary of Foreign AEairs6 185 the "ecretary of +ational ?efense6 1C5 the "ecretary of the nterior and @ocal 2overn#ent6 1<5 the "ecretary of Finance6 and 1=5 the +ational "ecurity Advisor, as its other #e#bers. The $ouncil shall i#!le#ent this Act and assu#e the res!onsibility for the !ro!er and eEective i#!le#entation of the anti-terroris# !olicy of the country. The $ouncil shall kee! records of its !roceedings and decisions. All records of the $ouncil shall be sub(ect to such security classi&cations as the $ouncil #ay, in its (udg#ent and discretion, decide to ado!t to safeguard the safety of the !eo!le, the security of the -e!ublic, and the welfare of the nation. The +ational ntelligence $oordinating Agency shall be the "ecretariat of the $ouncil. The $ouncil shall de&ne the !owers, duties, and functions of the +ational ntelligence $oordinating Agency as "ecretariat of the $ouncil. The +ational Bureau of nvestigation, the Bureau of ##igration, the GFce of $ivil ?efense, the ntelligence "ervice of the Ar#ed Forces of the .hili!!ines, the Anti-Money @aundering $ouncil, the .hili!!ine $enter on Transnational $ri#e, and the .hili!!ine +ational .olice intelligence and investigative ele#ents shall serve as su!!ort agencies for the $ouncil. The $ouncil shall for#ulate and ado!t co#!rehensive, ade'uate, eFcient, and eEective anti-terroris# !lans, !rogra#s, and counter-#easures to su!!ress and eradicate terroris# in the country and to !rotect the !eo!le fro# acts of terroris#. +othing herein shall be inter!reted to e#!ower the Anti-Terroris# $ouncil to e,ercise any (udicial or 'uasi-(udicial !ower or authority. S$C. /.. Functions of the Council. - n !ursuit of its #andate in the !revious "ection, the $ouncil shall have the following functions with due regard for the rights of the !eo!le as #andated by the $onstitution and !ertinent laws: /. For#ulate and ado!t !lans, !rogra#s and counter-#easures against terrorists and acts of terroris# in the country6 0. $oordinate all national eEorts to su!!ress and eradicate acts of terroris# in the country and #obili%e the entire nation against terroris# !rescribed in this Act6 7. ?irect the s!eedy investigation and !rosecution of all !ersons accused or detained for the cri#e of terroris# or cons!iracy to co##it terroris# and other oEenses !unishable under this Act, and #onitor the !rogress of their cases6 8. :stablish and #aintain co#!rehensive data- base infor#ation syste# on terroris#, terrorist activities, and counter-terroris# o!erations6 C. Free%e the funds !ro!erty, bank de!osits, !lace#ents, trust accounts, assets and records belonging to a !erson sus!ected of or charged with the cri#e of terroris# or cons!iracy to co##it terroris#, !ursuant to -e!ublic Act +o. A/<B, otherwise known as the Anti-Money @aundering Act of 0BB/, as a#ended6 <. 2rant #onetary rewards and other incentives to infor#ers who give vital infor#ation leading to the a!!rehension, arrest, detention, !rosecution, and conviction of !erson or !ersons who are liable for the cri#e of terroris# or cons!iracy to co##it terroris#6 =. :stablish and #aintain coordination with and the coo!eration and assistance of other nations in the struggle against international terroris#6 and ;. -e'uest the "u!re#e $ourt to designate s!eci&c divisions of the $ourt of A!!eals and -egional Trial $ourts in Manila, $ebu $ity and $agayan de Gro $ity, as the case #ay be, to handle all cases involving the cri#e of terroris# or cons!iracy to co##it terroris# and all #atters incident to said cri#es. The "ecretary of Hustice shall assign a tea# of !rosecutors fro#: 1a5 @u%on to handle terroris# cases &led in the -egional Trial $ourt in Manila6 1b5 fro# the Jisayas to handle cases &led in $ebu $ity6 and 1c5 fro# Mindanao to handle cases &led in $agayan de Gro $ity. S$C. //. Role of the Commission on 7uman Rights. - The $o##ission on 3u#an -ights shall give the highest !riority to the investigation and !rosecution of violations of civil and !olitical rights of !ersons in relation to the i#!le#entation of this Act6 and for this !ur!ose, the $o##ission shall have the concurrent (urisdiction to !rosecute !ublic oFcials, law enforcers, and other !ersons who #ay have violated the civil and !olitical rights of !ersons sus!ected of, or detained for the cri#e of terroris# or cons!iracy to co##it terroris#. S$C. /. Creation of a +rievance Committee. - There is hereby created a 2rievance $o##ittee co#!osed of the G#buds#an, as chair, and the "olicitor 2eneral, and an undersecretary fro# the ?e!art#ent of Hustice 1?GH5, as #e#bers, to receive and evaluate co#!laints against the actuations of the !olice and law enforce#ent oFcials in the i#!le#entation of this Act. The $o##ittee shall hold oFce in Manila. The $o##ittee shall have three subco##ittees that will be res!ectively headed by the ?e!uty G#buds#en in @u%on, the Jisayas and Mindanao. The subco##ittees shall res!ectively hold oFce at the GFces of ?e!uty G#buds#an. Three Assistant "olicitors 2eneral designated by the "olicitor 2eneral, and the regional !rosecutors of the ?GH assigned to the regions where the ?e!uty G#buds#en hold oFce shall be #e#bers thereof. The three subco##ittees shall assist the 2rievance $o##ittee in receiving, investigating and evaluating co#!laints against the !olice and other law enforce#ent oFcers in the i#!le#entation of this Act. f the evidence warrants it, they #ay &le the a!!ro!riate cases against the erring !olice and law enforce#ent oFcers. Dnless seasonably disowned or denounced by the co#!lainants, decisions or (udg#ents in the said cases shall !reclude the &ling of other cases based on the sa#e cause or causes of action as those that were &led with the 2rievance $o##ittee or its branches. S$C. /7. 3an on "2traordinary Rendition. - +o !erson sus!ected or convicted of the cri#e of terroris# shall be sub(ected to e,traordinary rendition to any country unless his or her testi#ony is needed for terrorist related !olice investigations or (udicial trials in the said country and unless his or her hu#an rights, including the right against torture, and right to counsel, are oFcially assured by the re'uesting country and trans#itted accordingly and a!!roved by the ?e!art#ent of Hustice. S$C. /0. "2tra6Territorial Application of this Act. - "ub(ect to the !rovision of an e,isting treaty of which the .hili!!ines is a signatory and to any contrary !rovision of any law of !referential a!!lication, the !rovisions of this Act shall a!!ly: 1/5 to individual !ersons who co##it any of the cri#es de&ned and !unished in this Act within the terrestrial do#ain, interior waters, #ariti#e %one, and airs!ace of the .hili!!ines6 105 to individual !ersons who, although !hysically outside the territorial li#its of the .hili!!ines, co##it, cons!ire or !lot to co##it any of the cri#es de&ned and !unished in this Act inside the territorial li#its of the .hili!!ines6 175 to individual !ersons who, although !hysically outside the territorial li#its of the .hili!!ines, co##it any of the said cri#es on board .hili!!ine shi! or .hili!!ine airshi!6 185 to individual !ersons who co##it any of said cri#es within any e#bassy, consulate, or di!lo#atic !re#ises belonging to or occu!ied by the .hili!!ine govern#ent in an oFcial ca!acity6 1C5 to individual !ersons who, although !hysically outside the territorial li#its of the .hili!!ines, co##it said cri#es against .hili!!ine citi%ens or !ersons of .hili!!ines descent, where their citi%enshi! or ethnicity was a factor in the co##ission of the cri#e6 and 1<5 to individual !ersons who, although !hysically outside the territorial li#its of the .hili!!ines, co##it said cri#es directly against the .hili!!ine govern#ent. S$C. /9. Joint !versight Committee. - There is hereby created a Hoint Gversight $o##ittee to oversee the i#!le#entation of this Act. The Gversight $o##ittee shall be co#!osed of &ve #e#bers each fro# the "enate and the 3ouse in addition to the $hairs of the $o##ittees of .ublic Grder of both 3ouses who shall also $hair the Gversight $o##ittee in the order s!eci&ed herein. The #e#bershi! of the $o##ittee for every 3ouse shall at least have two o!!osition or #inority #e#bers. The Hoint Gversight $o##ittee shall have its own inde!endent counsel. The $hair of the $o##ittee shall rotate every si, #onths with the "enate chairing it for the &rst si, #onths and the 3ouse for the ne,t si, #onths. n every case, the ranking o!!osition or #inority #e#ber of the $o##ittee shall be the Jice $hair. D!on the e,!iration of one year after this Act is a!!roved by the .resident, the $o##ittee shall review the Act !articularly the !rovision that authori%e the surveillance of sus!ects of or !ersons charged with the cri#e of terroris#. To that end, the $o##ittee shall su##on the !olice and law enforce#ent oFcers and the #e#bers of the Anti-Terroris# $ouncil and re'uire the# to answer 'uestions fro# the #e#bers of $ongress and to sub#it a written re!ort of the acts they have done in the i#!le#entation of the law including the #anner in which the !ersons sus!ected of or charged with the cri#e of terroris# have been dealt with in their custody and fro# the date when the #ove#ents of the latter were sub(ected to surveillance and his or her corres!ondences, #essages, conversations and the like were listened to or sub(ected to #onitoring, recording and ta!!ing. 4ithout !re(udice to its sub#itting other re!orts, the $o##ittee shall render a se#iannual re!ort to both 3ouses of $ongress. The re!ort #ay include where necessary a reco##endation to reassess the eEects of globali%ation on terrorist activities on the !eo!le, !rovide a sunset clause to or a#end any !ortion of the Act or to re!eal the Act in its entirety. The courts dealing with anti-terroris# cases shall sub#it to $ongress and the .resident a re!ort every si, #onths of the status of anti-terroris# cases that have been &led with the# starting fro# the date this Act is i#!le#ented. S$C. ". Separa0ility Clause. - f for any reason any !art or !rovision of this Act is declared unconstitutional or invalid, the other !arts or !rovisions hereof which are not aEected thereby shall re#ain and continue to be in full force and eEect. S$C. +. Repealing Clause. - All laws, decrees, e,ecutive orders, rules or regulations or !arts thereof, inconsistent with the !rovisions of this Act are hereby re!ealed, a#ended, or #odi&ed accordingly. S$C. 2. Special "#ectivity Clause. - After the bill shall have been signed into law by the .resident, the Act shall be !ublished in three news!a!ers of national circulation6 three news!a!ers of local circulation, one each in llocos +orte, Baguio $ity and .a#!anga6 three news!a!ers of local circulation, one each in $ebu, lloilo and Tacloban6 and three news!a!ers of local circulation, one each in $agayan de Gro, ?avao and 2eneral "antos city. The title of the Act and its !rovisions de&ning the acts of terroris# that are !unished shall be aired everyday at !ri#eti#e for seven days, #orning, noon and night over three national television and radio networks6 three radio and television networks, one each in $ebu, Tacloban and lloilo6 and in &ve radio and television networks, one each in @anao del "ur, $agayan de Gro, ?avao $ity, $otabato $ity and Ka#boanga $ity. The !ublication in the news!a!ers of local circulation and the announce#ents over local radio and television networks shall be done in the do#inant language of the co##unity. After the !ublication re'uired above shall have been done, the Act shall take eEect two #onths after the elections are held in May 0BB=. Thereafter, the !rovisions of this Act shall be auto#atically sus!ended one #onth before and two #onths as after the holding of any election. A!!roved, 1#S$ '$ 2$N$C*A 1R. "!eaker of the 3ouse of -e!resentatives MANN3 2*((AR .resident of the "enate This Act which is a consolidation of "enate Bill +o. 0/7= and 3ouse Bill +o. 8;7A was &nally !assed by the "enate and the 3ouse of -e!resentatives on February ;, 0BB= and February /A, 0BB=, res!ectively. R#4$RT# P. NA5AR$N# "ecretary 2eneral 3ouse of -e!resenatives #SCAR 6. 3A4$S "ecretary of "enate A!!roved: MA-$3 B<, 0BB= 6(#R*A MACAPA6A(7ARR#3# President of the Philippines