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REPUBLIC ACT NO. 9851

AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND
FOR RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against Humanity".
Section 2. Declaration of Principles and State Policies. -
(a) The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to a policy of peace, equality, justice, freedom,
cooperation and amity with all nations.
(b) The state values the dignity of every human person and guarantees full respect for human rights, including the
rights of indigenous cultural communities and other vulnerable groups, such as women and children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in order to
promote the goal of "Children as Zones of Peace";
(d) The state adopts the generally accepted principles of international law, including the Hague Conventions of
1907, the Geneva Conventions on the protection of victims of war and international humanitarian law, as part of
the law our nation;
(e) The most serious crimes of concern to the international community as a whole must not go unpunished and
their effective prosecution must be ensured by taking measures at the national level, in order to put an end to
impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the
duty of every State to exercise its criminal jurisdiction over those responsible for international crimes;
(f) The State shall guarantee persons suspected or accused of having committed grave crimes under international
law all rights necessary to ensure that their trial will be fair and prompt in strict accordance with national and
international law and standards for fair trial, It shall also protect victims, witnesses and their families, and provide
appropriate redress to victims and their families, It shall ensure that the legal systems in place provide accessible
and gender-sensitive avenues of redress for victims of armed conflict, and
(g)The State recognizes that the application of the provisions of this Act shall not affect the legal status of the
parties to a conflict, nor give an implied recognition of the status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group or groups and committed with the intention of maintaining that
regime
(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the persons concerned
by expultion by expulsion or other coercive acts from the area in which they are lawfully present, without grounds
permitted under domestic or international law.
(c) "Armed conflict" means any use of force or armed violence between States or a protracted armed violence
between governmental authorities and organized armed groups or between such groups within that State:
Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva
Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be international, that
is, between two (2) or more States, including belligerent occupation; or non-international, that is, between
governmental authorities and organized armed groups or between such groups within a state. It does not cover
internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar
nature.
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(d) "Armed forces" means all organized armed forces, groups and units that belong to a party to an armed conflict
which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall
be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law
(e) "Attack directed against any civilian population" means a course of conduct involving the multiple commission
of acts referred to in Section 6 of this Act against any civilian population, pursuant to or in furtherance of a State
or organizational policy to commit such attack.
(f) "Effective command and control" or " effective authority and control" means having the material ability to
prevent and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction of persons by,
or with the authorization support or acquiescence of, a State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with
the intention of removing from the protection of the law for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person
and includes the exercise of such power in the course of trafficking in persons, in particular women and children.
(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation of access to
food and medicine, calculated to bring about the destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant, with the intent
of affecting the ethnic composition of any population carrying out other grave violations of international law.
(k) "Hors de Combat" means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and
does not attempt to escape.
(l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a
legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must have been
evacuated;
(2) no hostile use of fixed military installations or establishments must have been made;
(3) no acts of hostility must have been committed by the authorities or by the population; and
(4) no activities in support of military operations, must have been undertaken.
(n) "No quarter will be given' means refusing to spare the life of anybody, even of persons manifestly unable to
defend themselves or who clearly express their intention to surrender.
(o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled
to, or is obliged to accord, protection under the rules of International Humanitarian Law, with the intent to betray
that confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or
other State not party to the conflict.
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(p) "Persecution" means the international and severe deprivation of fundamental rights contrary to international
law by reason of identity of the group or collectivity.
(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the
power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless person or refugee under
the relevant international instruments accepted by the parties to the conflict concerned or under the
national legislation of the state of refuge or state of residence;
(5) a member of the medical personnel assigned exclusively to medical purposes or to the administration
of medical units or to the operation of or administration of medical transports; or
(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and
attached to the armed forces of a party to the conflict, its medical units or medical transports, or non-
denominational, noncombatant military personnel carrying out functions similar to religious personnel.
(r) " Superior" means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the effective authority and
control of that superior.
(s) "Torture" means the intentional infliction of severe pain or suffering, whether physical, mental, or
psychological, upon a person in the custody or under the control of the accused; except that torture shall not
include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.
(t) "Works and installations containing dangerous forces" means works and installations the attack of which may
cause the release of dangerous forces and consequent severe losses among the civilian population, namely:
dams, dikes, and nuclear, electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human Humanitarian
Law" means:
(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or property protected under provisions of the relevant Geneva
Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military necessity and carried out
unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile
power; and
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(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely , any of the following acts committed against persons taking no active
part in the hostilities, including member of the armed forces who have laid down their arms and those placed hors
de combat by sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of executions without previous judgment pronounced
by a regularly constituted court, affording all judicial guarantees which are generally recognized as
indispensable.
(c) Other serious violations of the laws and customs applicable in armed conflict, within the established framework
of international law, namely:
(1) Internationally directing attacks against the civilian population as such or against individual civilians
not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object which are not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and transport, and personnel
using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with
intentional law;
(4) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations,
as ling as they are entitled to the protection given to civilians or civilian objects under the international law
of armed conflict;
(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-term and severe damage to the natural
environment which would be excessive in relation to the concrete and direct military advantage
anticipated;
(6) Launching an attack against works or installations containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, and causing
death or serious injury to body or health .
(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are
undefended and which are not military objectives, or making non-defended localities or demilitarized
zones the object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant
who, having laid down his/her arms or no longer having means of defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or
of the United Nations, as well as of the distinctive emblems of the Geneva Conventions or other
protective signs under International Humanitarian Law, resulting in death, serious personal injury or
capture;
(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected,
provided they are not military objectives. In case of doubt whether such building or place has been used
to make an effective contribution to military action, it shall be presumed not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or
scientific experiments of any kind, or to removal of tissue or organs for transplantation, which are neither
justified by the medical, dental or hospital treatment of the person concerned nor carried out in his/her
interest, and which cause death to or seriously endanger the health of such person or persons;
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(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively
demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons related to the conflict, unless the
security of the civilians involved or imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into
the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading treatments;
(19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence also constituting a grave breach of the Geneva Conventions or a
serious violation of common Article 3 to the Geneva Convensions;
(20) Utilizing the presence of a civilian or other protected person to render certain points, areas or military
forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects
indespensable to their survival, including willfully impeding relief supplies as provided for under the
Geneva Conventions and their Additional Protocols;
(22) In an international armed conflict, compelling the nationals of the hostile party to take part in the
operations of war directed against their own country, even if they were in the belligerent's service before
the commencement of the war;
(23) In an international armed conflict, declaring abolished, suspended or inadmissible in a court of law
the rights and actions of the nationals of the hostile party;
(24) Commiting any of the following acts:
(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national
armed forces;
(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an
armed force or group other than the national armed forces; and
(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and
(25) Employing means of warfare which are prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes
which do not entirely cover the core or are pierced with incisions; and
(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause
superfluous injury or unecessary suffering or which are inherently indiscriminate in violation of the
international law of armed conflict.
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided under
Section 7 of this Act.
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the following acts with intent to destroy, in
whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such:
(1) Killing members of the group;
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(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the
penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity" means any of
the following acts when committed as part of a widespread or systematic attack directed against any civilian population,
with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international
law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious,
gender, sexual orientation or other grounds that are universally recognized as impermissible under international
law, in connection with any act referred to in this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to
mental or physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of
this Act.
CHAPTER IV
PENAL PROVISIONS
Section 7. Penalties. - Any person found guilty of committing any of the acts provided under Sections 4, 5 and 6 of this
Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging from One hundred
thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00).
When justified by the extreme gravity of the crime, especially where the commision of any of the crimes specified herein
results in death or serious physical injury, or constitutes rape, and considering the individual circumstances of the
accused, the penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos (Php 500,000.00) to
One million pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine ranging from Ten thousand pesos (Php 10,000.00) to Twenty thousand
pesos (Php 20,000.00).
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In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from that
crime, without prejudice to the rights of bona fide third (3rd) parties. The court shall also impose the corresponding
accessory penalties under the Revised Penal Code, especially where the offender is a public officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in Philippine law on principles of
criminal responsibility, a person shall be criminally liable as principal for a crime defined and penalized in this Act if
he/she:
(1) Commits such a crime, whether as an individual, jointly with another or through another person,
regardless of whether that other person is criminally responsible;
(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(3) In any other way contributes to the commission or attempted commission of such a crime by a group
of person acting with a common purpose. Such contribution shall be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where
such activity or purpose involves the commission of a crime defined in this Act; or
(ii) be made in the knowledge of the intention of the group to commit the crime.
(b) A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and
penalized in this Act if he/she aids, abets or otherwise assists in its commission or attempted commission,
including providing the means for its commission.
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she attempts to commit
such a crime by taking action that commences its execution by means of a substantial step, but the crime does
not occur because of circumstances independent of the person's intention. However, a person who abandons the
effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment
under this Act for the attempt to commit the same if he/she completely and voluntarily gave up the criminal
purpose.
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any distinction based on
official capacity. In particular, official capacity as a head of state or government, a member of a government or parliament,
an elected representative or a government official shall in no case exempt a person from criminal responsibility under this
Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person under
Philippine law other than the established constitutional immunity from suit of the Philippine President during
his/her tenure, shall not bar the court from exercising jurisdiction over such a person; and
(b) Immunities that may be attached to the official capacity of a person under international law may limit the
application of this Act, nut only within the bounds established under international law.
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes defined and
penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by
subordinates under his/her effective command and control, or effective authority and control as the case may be, as a
result of his/her failure to properly exercise control over such subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates
were committing or about to commit such crimes;
(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress
their commission or to submit the matter to the competent authorities for investigation and prosecution.
Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and the execution of
sentences imposed on their account, shall not be subject to any prescription.
Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been committed by a
person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of
criminal responsibility unless all of the following elements occur:
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(a) The person was under a legal obligation to obey orders of the government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for the protection of
victims and witnesses, the following measures shall be undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological well-
being, dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all relevant factors,
including age, gender and health, and the nature of the crime, in particular, but not limited to, where the crime
involves sexual or gender violence or violence against children. The prosecutor shall take such measures
particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or
inconsistent with the rights of the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to protect the victims and witnesses
or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic
or other special means. In particular, such measures shall be implemented in the case of the victim of sexual
violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard to all the
circumstances, particularly the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and concerns to be
presented and considered at stages of the proceedings determined to be appropriate by the court in manner
which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views
and concerns may be presented by the legal representatives of the victims where the court considers it
appropriate in accordance with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment of
the security of a witness for his/her family, the prosecution may, for the purposes of any proceedings conducted
prior to the commencement of the trial, withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of
the accused and to a fair and impartial trial.
Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and procedural rules for
reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of, victims,including restitution,
compensation and rehabilitation. On this basis, in its decision, the court may, wither upon request or on its own
motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in
respect of, victims and state the principles on which it is acting;1avvphi1
(b) The court may make an order directly against a convicted person specifying appropriate reparations to, or in
respect of, victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account of representations from
or on behalf of the convicted person, victims or other interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the application and interpretation of this Act, Philippine courts shall be
guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional Protocol
III;
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(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First
Protocol and its 1999 Second Protocol;
(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children
in Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and tribunals;
(g) Relevant and applicable international human rights instruments;
(h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines;
and
(i) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as
subsidiary means for the determination of rules of international law.
Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The provisions of
the Revised Penal Code and other general or special laws shall have a suppletory application to the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian, suspected or
accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the
following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime
punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking
the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the
Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and
treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes
defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the
same offense and acquitted, or having been convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the Philippines shall have
original and exclusive jurisdiction over the crimes punishable under this Act. Their judgments may be appealed or
elevated to the Court of Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. For these
cases, the Commission on Human Rights, the Department of Justice, the Philippine National Police or other concerned
law enforcement agencies shall designate prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes of this Act,
receive effective training in human rights, International Humanitarian Law and International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons, any part or provision of this Statute shall be held to be
unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force
and effect.
Section 20. Repealing Clause. - All laws, presidential decrees and issuances, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified accordingly.
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Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or
in two (2) newspapers general circulation.
Approved,
Sgd. PROSPERO C. NOGRALES
Speaker of the House of Representative
Sgd. JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2669 and House Bill No. 6633 was finally passed by the Senate and
the House of Representatives on October 14, 2009 and October 16, 2009, respectively.
For:
Sgd. MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Sgd. EMMA LIRIO-REYES
Secretary of the Senate
Approved:
Sgd. GLORIA MACAPAGAL-ARROYO
President of the Philippines


December 11, 2009

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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.
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 dEtat), 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.
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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
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provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutors 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.
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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 latters 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.
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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 Attorneys 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
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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.
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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 Prosecutors 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
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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
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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 familys 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
20
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 theRules 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 informants 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)
21
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
22
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
23
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.

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REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2012.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. It is hereby declared that the State values the dignity of every human person and
guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the people from
any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the
Elimination of All Forms of Discrimination Against Women, United Nations Convention on the Rights of the Child,
United Nations Convention on the Protection of Migrant Workers and their Families, United Nations Convention
Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a signatory."
Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 3. Definition of Terms. As used in this Act:
"(a) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of persons with or without the victims consent or knowledge,
within or across national borders by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
"The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall
also be considered as trafficking in persons even if it does not involve any of the means set forth in the
preceding paragraph.
"(b) Child refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
"(c) Prostitution refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
"(d) Forced Labor refers to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception including any work or service extracted from
any person under the menace of penalty.
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"(e) Slavery refers to the status or condition of a person over whom any or all of the powers attaching to
the right of ownership are exercised.
"(f) Involuntary Servitude refers to a condition of enforced and compulsory service induced by means of
any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or
continue in such condition, he or she or another person would suffer serious harm or other forms of abuse
or physical restraint, or threat of abuse or harm, or coercion including depriving access to travel
documents and withholding salaries, or the abuse or threatened abuse of the legal process.
"(g) Sex Tourism refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
"(h) Sexual Exploitation refers to participation by a person in prostitution, pornography or the production
of pornography, in exchange for money, profit or any other consideration or where the participation is
caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse of power or of position or of legal process, taking
advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the
consent of a person having control over another person; or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided in this Act.
"(i) Debt Bondage refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
"(j) Pornography refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
"(k) Council shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this
Act."
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any
means, including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
"(b) To introduce or match for money, profit, or material, economic or other consideration, any person or,
as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for
the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
"(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
"(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
"(e) To maintain or hire a person to engage in prostitution or pornography;
"(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for
purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
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"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a
person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to
engage in armed activities in the Philippines or abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by
means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for
purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a
child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of
exploitation of children shall include:
"(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and
forced labor, including recruitment of children for use in armed conflict;
"(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or
for pornographic performances;
"(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons. Where there are acts to initiate the commission of a trafficking
offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of
some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall
constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in
persons:
"(a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason
therefor and without the required clearance or permit from the Department of Social Welfare and
Development, or a written permit or justification from the childs parent or legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the child;
"(d) Simulating a birth for the purpose of selling the child; and
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"(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics,
nurseries, daycare centers, refugee or evacuation centers, and low-income families, for the purpose of
selling the child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. Whoever knowingly aids, abets, cooperates in the execution of the offense by
previous or simultaneous acts defined in this Act shall be punished in accordance with the provisions of Section
10(c) of this Act."
Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. Whoever has the knowledge of the commission of the crime, and without having
participated therein, either as principal or as accomplices, take part in its commission in any of the following
manners:
"(a) By profiting themselves or assisting the offender to profit by the effects of the crime;
"(b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to
prevent its discovery;
"(c) By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public functions or is known to be habitually guilty of some other
crime.
"Acts defined in this provision shall be punished in accordance with the provision of Section 10(d) as stated
thereto."
Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers, overseas employment certificates or other certificates of any government agency
which issues these certificates, decals and such other markers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence
witnesses, in an investigation or prosecution of a case under this Act;
"(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove,
confiscate or possess, any actual or purported passport or other travel, immigration or working permit or
document, or any other actual or purported government identification, of any person in order to prevent or
restrict, or attempt to prevent or restrict, without lawful authority, the persons liberty to move or travel in
order to maintain the labor or services of that person; or
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"(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a
case under this Act."
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be considered as qualified
trafficking:
"x x x
"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public officer or employee;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS);
"(h) When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days,
whether those days are continuous or not; and
"(i) When the offender directs or through another manages the trafficking victim in carrying out the exploitative
purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 7. Confidentiality. At any stage of the investigation, rescue, prosecution and trial of an offense under this
Act, law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners, as
well as parties to the case, shall protect the right to privacy of the trafficked person. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary
to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or any other information tending to establish the identity of the trafficked person and his or her
family shall not be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic information technology to cause publicity of the name, personal
circumstances, or any information tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly, voluntarily and willingly waives said
confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners shall be
trained on the importance of maintaining confidentiality as a means to protect the right to privacy of victims and to
encourage victims to file complaints."
Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases.
"(a) Initiation of Investigation. Law enforcement agencies are mandated to immediately initiate investigation and
counter-trafficking-intelligence gathering upon receipt of statements or affidavit from victims of trafficking, migrant
workers, or their families who are in possession of knowledge or information about trafficking in persons cases.
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"(b) Prosecution of Cases. Any person who has personal knowledge of the commission of any offense under
this Act, such as the trafficked person, the parents, spouse, siblings, children or legal guardian may file a
complaint for trafficking.
"(c) Affidavit of Desistance. Cases involving trafficking in persons should not be dismissed based on the affidavit
of desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are
directed to oppose and manifest objections to motions for dismissal.
"Any act involving the means provided in this Act or any attempt thereof for the purpose of securing an Affidavit of
Desistance from the complainant shall be punishable under this Act."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act shall suffer the
penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of the license or registration of the
recruitment agency involved in trafficking. The license of a recruitment agency which trafficked a child shall be
automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment
and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;
"(h) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof
shall not be allowed to operate similar establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or her sentence and be
barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and
30
regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed from the service and be barred
permanently to hold public office. His or her retirement and other benefits shall likewise be forfeited; and
"(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption."
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services of a trafficked person for
prostitution shall be penalized with the following: Provided, That the Probation Law (Presidential Decree No. 968)
shall not apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12) years
imprisonment and a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00): Provided, however, That the following acts shall be exempted
thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a child, the
penalty shall be reclusion temporal in its medium period to reclusion perpetua or seventeen (17) years to
forty (40) years imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a male or
female trafficking victim and also involves the use of force or intimidation, to a victim deprived of reason or
to an unconscious victim, or a victim under twelve (12) years of age, instead of the penalty prescribed in
the subparagraph above the penalty shall be a fine of not less than One million pesos (P1,000,000.00)
but not more than Five million pesos (P5,000,000.00) and imprisonment ofreclusion perpetua or forty (40)
years imprisonment with no possibility of parole; except that if a person violating paragraph (a) of this
section knows the person that provided prostitution services is in fact a victim of trafficking, the offender
shall not be likewise penalized under this section but under Section 10 as a person violating Section 4;
and if in committing such an offense, the offender also knows a qualifying circumstance for trafficking, the
offender shall be penalized under Section 10 for qualified trafficking. If in violating this section the
offender also violates Section 4, the offender shall be penalized under Section 10 and, if applicable, for
qualified trafficking instead of under this section;
"(b) Deportation. If a foreigner commits any offense described by paragraph (1) or (2) of this section or
violates any pertinent provision of this Act as an accomplice or accessory to, or by attempting any such
offense, he or she shall be immediately deported after serving his or her sentence and be barred
permanently from entering the country; and
"(c) Public Official. If the offender is a public official, he or she shall be dismissed from service and shall
suffer perpetual absolute disqualification to hold public, office, in addition to any imprisonment or fine
received pursuant to any other provision of this Act."
Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6, or
against a child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage, or in the case of a child victim, from the day the child reaches the age of
majority, and shall be interrupted by the filing of the complaint or information and shall commence to run again
when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:
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"SEC. 16. Programs that Address Trafficking in Persons. The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies
are hereby mandated to implement the following programs:
"(a) Department of Foreign Affairs (DFA) shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs. It shall provide Filipino victims of trafficking overseas with free legal
assistance and counsel to pursue legal action against his or her traffickers, represent his or her interests
in any criminal investigation or prosecution, and assist in the application for social benefits and/or regular
immigration status as may be allowed or provided for by the host country. The DFA shall repatriate
trafficked Filipinos with the consent of the victims.
"The DFA shall take necessary measures for the efficient implementation of the Electronic Passporting
System to protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall provide free temporary shelters
and other services to Filipino victims of trafficking overseas through the migrant workers and other
overseas Filipinos resource centers established overseas under Republic Act No. 8042, as amended.
"(b) Department of Social Welfare and Development (DSWD) shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked
persons and develop a system for accreditation among NGOs for purposes of establishing centers and
programs for intervention in various levels of the community. It shall establish free temporary shelters, for
the protection and housing of trafficked persons to provide the following basic services to trafficked
persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling and referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and schools teaching parents and
families that receiving consideration in exchange for adoption is punishable under the law. Furthermore,
information campaigns must be conducted with the police that they must not induce poor women to give
their children up for adoption in exchange for consideration.
"(c) Department of Labor and Employment (DOLE) shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and overseas. It
shall likewise monitor, document and report cases of trafficking in persons involving employers and labor
recruiters.
"(d) Department of Justice (DOJ) shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
"(e) Philippine Commission on Women (PCW) shall actively participate and coordinate in the
formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in
persons in both its local and international advocacy for womens issues.
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"(f) Bureau of Immigration (BI) shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancs/fiances and spouses of foreign nationals
with the guidance and counseling requirement as provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI) shall be the primary law
enforcement agencies to undertake surveillance, investigation and arrest of individuals or persons
suspected to be engaged in trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation and apprehension of
suspected traffickers. They shall also establish a system to receive complaints and calls to assist
trafficked persons and conduct rescue operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas Workers and Welfare
Administration (OWWA) POEA shall implement Pre-Employment Orientation Seminars (PEOS) while
Pre-Departure Orientation Seminars (PDOS) shall be conducted by the OWWA. It shall likewise formulate
a system of providing free legal assistance to trafficked persons, in coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters and persons facing
administrative, civil and criminal complaints for trafficking filed in the receiving country and/or in the
Philippines and those agencies, illegal recruiters and persons involved in cases of trafficking who have
been rescued by the DFA and DOLE in the receiving country or in the Philippines even if no formal
administrative, civil or criminal complaints have been filed: Provided, That the rescued victims shall
execute an affidavit attesting to the acts violative of the anti-trafficking law. This blacklist shall be posted
in conspicuous places in concerned government agencies and shall be updated bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared government information system, which
is mandated to be established under Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to conduct PEOS and PDOS,
respectively. The PEOS and PDOS should include the discussion and distribution of the blacklist.
"The license or registration of a recruitment agency that has been blacklisted may be suspended by the
POEA upon a review of the complaints filed against said agency.
"(i) Department of the Interior and Local Government (DILG) shall institute a systematic information and
prevention campaign in coordination with pertinent agencies of government as provided for in this Act. It
shall provide training programs to local government units, in coordination with the Council, in ensuring
wide understanding and application of this Act at the local level.
"(j) Commission on Filipinos Overseas shall conduct pre-departure counseling services for Filipinos in
intermarriages. It shall develop a system for accreditation of NGOs that may be mobilized for purposes of
conducting pre-departure counseling services for Filipinos in intermarriages. As such, it shall ensure that
the counselors contemplated under this Act shall have the minimum qualifications and training of
guidance counselors as provided for by law.
"It shall likewise assist in the conduct of information campaigns against trafficking in coordination with
local government units, the Philippine Information Agency, and NGOs.
"(k) Local government units (LGUs) shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with the DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community-based initiatives which address the trafficking in
persons.
"In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, peoples
organizations (POs), civic organizations and other volunteer groups."
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Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons central database shall be
established by the Inter-Agency Council Against Trafficking created under Section 20 of this Act. The Council
shall submit a report to the President of the Philippines and to Congress, on or before January 15 of every year,
with respect to the preceding years programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render assistance to address
trafficking in persons shall develop their respective monitoring and data collection systems, and databases, for
purposes of ensuring efficient collection and storage of data on cases of trafficking in persons handled by their
respective offices. Such data shall be submitted to the Council for integration in a central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization and standardization of databases,
including minimum data requirements, definitions, reporting formats, data collection systems, and data verification
systems. Such databases shall have, at the minimum, the following information:
"(a) The number of cases of trafficking in persons, sorted according to status of cases, including the
number of cases being investigated, submitted for prosecution, dropped, and filed and/or pending before
the courts and the number of convictions and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by destination countries/areas
and by area of origin; and
"(d) Disaggregated data on trafficking victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as victims of the act or
acts of trafficking and as such, shall not be penalized for unlawful acts committed as a direct result of, or as an
incident or in relation to, being trafficked based on the acts of trafficking enumerated in this Act or in obedience to
the order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not covered by Article
202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or otherwise penalized under the said
law."
Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked Victims. The rescue of victims should be done as much as
possible with the assistance of the DSWD or an accredited NGO that services trafficked victims. A law
enforcement officer, on a reasonable suspicion that a person is a victim of any offense defined under this Act
including attempted trafficking, shall immediately place that person in the temporary custody of the local social
welfare and development office, or any accredited or licensed shelter institution devoted to protecting trafficked
persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims and of Consent of
Victims in Cases of Deception, Coercion and Other Prohibited Means. The past sexual behavior or the sexual
predisposition of a trafficked person shall be considered inadmissible in evidence for the purpose of proving
consent of the victim to engage in sexual behavior, or to prove the predisposition, sexual or otherwise, of a
trafficked person. Furthermore, the consent of a victim of trafficking to the intended exploitation shall be irrelevant
where any of the means set forth in Section 3(a) of this Act has been used."
Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as follows:
34
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. No action or suit shall be brought,
instituted or maintained in any court or tribunal or before any other authority against any: (a) law enforcement
officer; (b) social worker; or (c) person acting in compliance with a lawful order from any of the above, for lawful
acts done or statements made during an authorized rescue operation, recovery or rehabilitation/intervention, or an
investigation or prosecution of an anti-trafficking case: Provided, That such acts shall have been made in good
faith.
"The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance pending final resolution
and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement officers, prosecutors and
judges to urge complainants to abandon their criminal, civil and administrative complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers, illegal recruiters and persons involved
in trafficking may be issued motu proprio by judges."
Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking. There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall have the following
as members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1) representative each from among the
sectors representing women, overseas Filipinos, and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons. These representatives shall be nominated by the
government agency representatives of the Council, for appointment by the President for a term of three
(3) years.
"The members of the Council may designate their permanent representatives who shall have a rank not lower
than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by
the Council in accordance with existing budget and accounting rules and regulations."
Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. The Department of Justice shall establish the necessary Secretariat for the
Council.
"The secretariat shall provide support for the functions and projects of the Council. The secretariat shall be
headed by an executive director, who shall be appointed by the Secretary of the DOJ upon the recommendation
of the Council. The executive director must have adequate knowledge on, training and experience in the
35
phenomenon of and issues involved in trafficking in persons and in the field of law, law enforcement, social work,
criminology, or psychology.
"The executive director shall be under the supervision of the Inter-Agency Council Against Trafficking through its
Chairperson and Co-Chairperson, and shall perform the following functions:
"(a) Act as secretary of the Council and administrative officer of its secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the objectives, policies, plans and
programs of the Council, including those involving mobilization of government offices represented in the
Council as well as other relevant government offices, task forces, and mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision of council administrative
business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and prompt implementation of
council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council objectives, policies, plans and
programs;
"(g) Submit periodic reports to the Council on the progress of council objectives, policies, plans and
programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. The State shall exercise jurisdiction over any act defined and
penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute
an offense at the place of commission, the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another country, if the suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if a foreign government, in accordance
with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct
constituting such offense, except upon the approval of the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the Philippines to the appropriate
international court if any, or to another State pursuant to the applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"SEC. 28. Funding. The amount necessary to implement the provisions of this Act shall be charged against the
current years appropriations of the Inter-Agency Council Against Trafficking under the budget of the DOJ and the
appropriations of the other concerned departments. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act."1wphi1
Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to read as follows:
36
"SEC. 28-A. Additional Funds for the Council. The amount collected from every penalty, fine or asset derived
from any violation of this Act shall be earmarked as additional funds for the use of the Council. The fund may be
augmented by grants, donations and endowment from various sources, domestic or foreign, for purposes related
to their functions, subject to the existing accepted rules and regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to read as follows:
"SEC. 32. Repealing Clause. Article 202 of the Revised Penal Code, as amended, and all laws, acts,
presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to
the provisions of this Act are deemed amended, modified or repealed accordingly: Provided,That this Act shall not
in any way amend or repeal the provisions of Republic Act No. 7610, otherwise known as the Special Protection
of Child Against Child Abuse, Exploitation and Discrimination Act."
Section 27. Section 33 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 33. Effectivity. This Act shall take effect fifteen (15) days following its complete publication in at least two
(2) newspapers of general circulation."
Approved,

(Sgd.) JUAN PONCE ENRILE
President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 6339 and Senate Bill No. 2625 was finally passed by the House of
Representatives and the Senate on December 4, 2012 and December 5, 2012, respectively.

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: FEB 06 2013