State policy and rights protections
- The State shall protect life, liberty, and property from acts of terrorism. (Section 2).
- The State shall condemn terrorism as inimical and dangerous to national security and the welfare of the people, and shall make terrorism a crime against the Filipino people, humanity, and the law of nations. (Section 2).
- Implementation shall uphold basic rights and fundamental liberties as enshrined in the Constitution. (Section 2).
- The fight against terrorism shall use a comprehensive approach covering political, economic, diplomatic, military, and legal means, and shall take into account the root causes of terrorism, including measures such as conflict management and post-conflict peace-building and building state capacity and promoting equitable economic development. (Section 2).
- Nothing in the Act shall be interpreted as curtailing, restricting, or diminishing constitutionally recognized powers of the executive branch, but the exercise of those powers shall not prejudice human rights, which shall be absolute and protected at all times. (Section 2).
Terrorism and related participation
- A person who commits an act punishable under specified crimes and laws—listed in Section 3—and that act sows and creates widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand commits the crime of terrorism. (Section 3).
- Section 3 identifies the punishable underlying acts as those under: Article 122, Article 134, Article 134-a, Article 248, Article 267, Article 324 of the Revised Penal Code, Presidential Decree No. 1613, Republic Act No. 6969, Republic Act No. 5207, Republic Act No. 6235, Presidential Decree No. 532, and Presidential Decree No. 1866, as amended. (Section 3).
- The penalty for terrorism is forty (40) years of imprisonment, without the benefit of parole under Act No. 4103 (Indeterminate Sentence Law), as amended. (Section 3).
- Persons who conspire to commit terrorism suffer forty (40) years of imprisonment. (Section 4).
- Conspiracy exists when two or more persons agree to commit terrorism as defined in Section 3 and decide to commit the same. (Section 4).
- An accomplice cooperates in the execution of terrorism or conspiracy through previous or simultaneous acts and is penalized with from seventeen (17) years, four months one day to twenty (20) years of imprisonment. (Section 5).
- An accessory is one who, with knowledge of the commission of terrorism or conspiracy, and without participation as principal or accomplice, participates subsequent to commission by profiting from the crime, concealing/destroying the body/effects/instruments to prevent discovery, or harboring/concealing/assisting escape; the penalty is ten (10) years and one day to twelve (12) years of imprisonment. (Section 6).
- Accessories related by marriage or blood/affinity within the same degrees—except those under subparagraph (a) (profiting)—are not covered by the accessory penalties in Section 6. (Section 6).
Court-authorized surveillance and communications interception
- Section 7 authorizes police or law enforcement officials and their team to listen to, intercept, and record communications using any electronic or other surveillance equipment or intercepting/tracking devices, or any suitable means.
- Surveillance/interception/recording is allowed only upon a written order of the Court of Appeals and covers communications between members of a judicially declared and outlawed terrorist organization or group of persons, or communications of a person charged with or suspected of terrorism or conspiracy to commit terrorism. (Section 7).
- Section 7 prohibits authorization of surveillance/interception/recording of communications between lawyers and clients, doctors and patients, journalists and their sources, and confidential business correspondence. (Section 7).
Ex parte judicial authorization requirements
- A Court of Appeals order to track, tap, listen to, intercept, and record communications is granted only upon ex parte written application by a police or law enforcement official. (Section 8).
- The applicant police/law enforcement official must be duly authorized in writing by the Anti-Terrorism Council to file the ex parte application. (Section 8).
- The Court of Appeals authorizing division grants the order only after examination under oath or affirmation showing:
- (a) probable cause to believe based on personal knowledge that terrorism or conspiracy has been committed, is being committed, or is about to be committed;
- (b) probable cause to believe based on personal knowledge that evidence essential to conviction or to solution/prevention will be obtained; and
- (c) no other effective means readily available for acquiring such evidence. (Section 8).
Classification, order contents, and notice rights
- Under Section 9, the Court of Appeals written order, any extension/renewal order, the original application including any application to extend/renew, and the written authorizations of the Anti-Terrorism Council are classified information.
- The person surveilled or whose communications were monitored/intercepted/recorded has the right to be informed of the acts of law enforcement in the premises or to challenge—before the Court of Appeals that issued the order—the legality of the interference. (Section 9).
- The written order must specify:
- (a) the identity of the charged or suspected person to be tracked/intercepted/recorded, including name and address if known; for radio/electronic/telephonic communications, the transmission systems or telephone numbers and locations; or, if the person is not fully known, continuous surveillance based on reasonable ground;
- (b) the identity of the police/law enforcement official and the individual identity of team members;
- (c) the offense(s) committed, being committed, or sought to be prevented; and
- (d) the length of time the authorization will be used/carried out. (Section 9).
Time limits for surveillance orders
- A Court of Appeals authorization under Section 9(d) is effective only for the period specified and shall not exceed thirty (30) days from receipt of the order by the applicant police/law enforcement official. (Section 10).
- The Court of Appeals may extend or renew for another non-extendible period not exceeding thirty (30) days from expiration of the original period if satisfied it is in the public interest and if the ex parte application for extension/renewal was duly authorized in writing by the Anti-Terrorism Council. (Section 10).
- If the original applicant dies or is physically disabled, the next in rank among the team named in the original order files the extension/renewal application. (Section 10).
- The applicant police/law enforcement official has thirty (30) days after termination to file the appropriate case before the Public Prosecutor’s Office for any violation of the Act. (Section 10).
- If no case is filed within the thirty (30)-day period, the applicant police/law enforcement official must immediately notify the person subject of surveillance/interception/recording of termination. (Section 10).
- Failure to notify under Section 10 results in ten (10) years and one day to twelve (12) years of imprisonment for the applicant police/law enforcement official. (Section 10).
Sealed custody, affidavits, and anti-tampering
- Within forty-eight (48) hours after expiration (or expiration of any extension/renewal), all tapes/discs/recordings and their excerpts/summaries and written notes/memoranda must be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package, accompanied by a joint affidavit of the applicant police/law enforcement official and team members. (Section 11).
- If the applicant dies or is physically disabled to execute the affidavit, the next in rank among team named in the order must execute the required affidavit with team members. (Section 11).
- Copying in any form, removing, deleting, expunging, incinerating, shredding, or destroying any of the enumerated items is unlawful. (Section 11).
- Any person who removes, deletes, expunges, incinerates, shreds, or destroys those items suffers not less than six (6) years and one day to twelve (12) years imprisonment. (Section 11).
- The joint affidavit must state: numbers of tapes/discs/recordings, excerpts/summaries, and notes/memoranda; dates and times covered; what was included in the deposit; and the date of original authorization granted by the Anti-Terrorism Council, plus dates of any extension/renewal. (Section 12).
- The affidavit must certify under oath that no duplicates/copies of any whole or part were made, or if made, that all duplicates/copies are included in the sealed deposit. (Section 12).
- It is unlawful to omit or exclude any item/portion mentioned in Section 12 from the joint affidavit. (Section 12).
- Violations of the unlawful acts under Section 12 incur not less than ten (10) years and one day to twelve (12) years imprisonment. (Section 12).
- Deposited communications (sealed envelope/package and contents) are classified and shall not be opened or divulged/revealed/read/replayed/used as evidence unless authorized by written order of the authorizing division of the Court of Appeals. (Section 13).
- The Court of Appeals order to open/use as evidence is granted only upon a written application of the Department of Justice filed before the Court of Appeals, showing that DOJ was authorized in writing by the Anti-Terrorism Council to file the application, with proper written notice to the person whose communications were subject of surveillance. (Section 13).
- Any person who violates the duty to notify persons subject to surveillance suffers six (6) years and one day to eight (8) years imprisonment. (Section 13).
- Section 14 requires the written application to open deposited sealed materials with notice to the concerned party, stating the purpose/reason for opening, revealing/disclosing, replaying/divulging/reading, and using the communications (including excerpts/summaries and notes/memoranda) as evidence.
- Any person who violates the duty to notify as defined under Section 14 suffers six (6) years and one day to eight (8) years imprisonment. (Section 14).
Evidence exclusion and unauthorized interception offenses
- Communications recorded in violation of the Act’s pertinent provisions are absolutely not admissible and usable as evidence against anyone in any judicial, quasi-judicial, legislative, or administrative investigation/inquiry/proceeding/hearing, including their existence, content, substance, purport, effect, or meaning. (Section 15).
- Any police or law enforcement personnel who intercepts/records communications without authorization by the Court of Appeals suffers ten (10) years and one day to twelve (12) years imprisonment. (Section 16).
- Any police or law enforcement personnel who maliciously obtained Court authorization to intercept/record faces ten (10) years and one day to twelve (12) years imprisonment plus the accessory penalty of perpetual absolute disqualification from public office. (Section 16).
- The aggrieved party whose authorization was maliciously procured is allowed access to the sealed envelope/package and contents as evidence for prosecution of the maliciously procuring personnel, notwithstanding Section 13. (Section 16).
Proscription of terrorist organizations
- Any organization, association, or group organized for terrorism, or which actually uses acts to terrorize and sow widespread and extraordinary fear and panic to coerce government to an unlawful demand, must be declared a terrorist and outlawed organization upon application of the Department of Justice in a competent Regional Trial Court, with due notice and opportunity to be heard. (Section 17).
Detention without arrest warrant; custody duties
- Article 125 of the Revised Penal Code is not applicable, and any police or law enforcement personnel authorized in writing by the Anti-Terrorism Council who took custody of a person charged with or suspected of terrorism or conspiracy must deliver the person to the proper judicial authority within three days from apprehension/arrest/detention/taking custody, without criminal liability for delay in delivery. (Section 18).
- The arrest/detainment must result from surveillance under Section 7 and examination of bank deposits under Section 27. (Section 18).
- Before detaining, police must present the suspect before any judge at the judge’s residence or office nearest the place of arrest at any time of day or night. The judge must ascertain identity of personnel and arrestees, inquire why arrested, and determine by questioning/personal observation whether the suspect was subjected to torture and by whom and why; the judge must submit a written report to the proper court within three calendar days from presentation. (Section 18).
- Police must immediately notify in writing the judge of the court nearest the place of apprehension/arrest; for arrests during Saturdays/Sundays/holidays or after office hours, notice must be served at the judge’s residence. (Section 18).
- Police fails to notify as required results in ten (10) years and one day to twelve (12) years imprisonment. (Section 18).
Detention limits during attacks
- During an actual or imminent terrorist attack, suspects may not be detained more than three days without written approval of a Human Rights Commission municipal/city/provincial/regional official or a judge of the municipal/regional trial court, the Sandiganbayan, or a justice of the Court of Appeals nearest the place of arrest. (Section 19).
- For arrests during Saturdays/Sundays/holidays or after office hours, arresting personnel must bring the person arrested to the residence of the nearest official listed. (Section 19).
- The approval must be secured within five days after the date of detention. (Section 19).
- Suspects whose connection with the terror attack or threat is not established must be released immediately within three days after detention. (Section 19).
Delivery within three days; penalties
- Failure to deliver a detained terrorism suspect to the proper judicial authority within three days requires ten (10) years and one day to twelve (12) years imprisonment. (Section 20).
Custodial rights of terrorism suspects
- Upon apprehension/arrest and detention, the suspect must be informed of rights including:
- to be informed of nature and cause of arrest, to remain silent, and to have competent and independent counsel preferably of his or her choice; if counsel of choice cannot be afforded, police must contact the IBP free legal assistance unit or the PAO, which must immediately visit the detainee and provide legal assistance; these rights cannot be waived except in writing and in the presence of counsel of choice;
- to be informed of causes of detention in the presence of counsel;
- to communicate freely with counsel and confer any time without restriction;
- to communicate freely and privately with family/nearest relatives and to be visited by them; and
- to avail freely of medical service of physicians of choice. (Section 21).
Penalties for violating detainee rights
- Any police or law enforcement personnel or custodial unit personnel who violates the detainee rights in Section 21 is guilty and suffers ten (10) years and one day to twelve (12) years imprisonment. (Section 22).
- If the violating personnel cannot be duly identified, the same penalty applies to the police officer or head or leader of the law enforcement unit having custody at the time of violation. (Section 22).
Custodial logbook and access
- The custodial unit must maintain a securely and orderly maintained official logbook declared a public document, opened for inspection and scrutiny by the detainee’s lawyers, family, or physician at any time of day or night without restriction. (Section 23).
- The logbook must record, clearly and concisely: the detained person’s name/description/address; date/time of admission; physician details and health condition at admission; every removal for interrogation or other purpose and return; physician exam details after interrogation; summaries of physical/medical findings after interrogation; family/nearest relatives and their addresses if available; persons who visit and their addresses; visit date/time; requests to communicate/confer with counsel and counsel visits/departures; and all other important events bearing on treatment while under custody. (Section 23).
- Upon demand by the permitted parties, the custodial unit must issue a certified true copy of logbook entries relevant to the concerned detainee without delay or restriction and without any fees, including documentary stamp tax, notarial fees, and the like. The certified true copy may be attested by the person who has custody of the logbook or allowed scrutiny when demand is made. (Section 23).
- Failure to keep the official logbook incurs ten (10) years and one day to twelve (12) years imprisonment. (Section 23).
Prohibition of torture/coercion; exclusionary rule
- Threats, intimidation, coercion, and acts inflicting physical pain/torment or mental, moral, or psychological pressure that vitiate free will are prohibited in investigation and interrogation for terrorism or conspiracy; evidence obtained through such prohibited conduct is absolutely not admissible and usable in any investigation/inquiry/proceeding/hearing. (Section 24).
- Using threats/intimidation/coercion or inflicting pain/torment or mental/moral/psychological pressure vitiating free will in interrogation is punished with twelve (12) years and one day to twenty (20) years imprisonment. (Section 25).
- If death or serious permanent disability results from such conduct, the penalty remains twelve (12) years and one day to twenty (20) years imprisonment. (Section 25).
Restriction on travel and house arrest
- If evidence of guilt is not strong and the accused is entitled to bail and granted bail, the court upon prosecutor application must limit the accused’s travel to within the municipality or city where he resides or where the case is pending, consistent with Article III, Section 6 of the Constitution, for national security and public safety. (Section 26).
- Travel outside the allowed place without court authorization is a violation of bail terms and results in bail forfeiture under the Rules of Court. (Section 26).
- The court may order house arrest at the accused’s usual place of residence. (Section 26).
- Under house arrest, the accused may not use telephones, cellphones, e-mails, computers, the internet, or other communications with people outside the residence until otherwise ordered by the court. (Section 26).
- Travel and communication restrictions terminate upon acquittal or dismissal of the case, or earlier upon the court’s discretion on motion of the prosecutor or the accused. (Section 26).
Bank deposit examination—judicial authorization
- Justices of the Court of Appeals designated as a special court for anti-terrorism cases may, after satisfying themselves of probable cause in a hearing, authorize in writing police and their team—duly authorized in writing by the Anti-Terrorism Council—to:
- examine deposits/placements/trust accounts/assets/records in a bank or financial institution; and
- gather information relevant to those deposits/placements/trust accounts/assets/records from a bank or financial institution. (Section 27).
- Authorization applies when the Court is satisfied of:
- (1) a person charged with or suspected of terrorism or conspiracy;
- (2) a judicially declared and outlawed terrorist organization/association/group; and
- (3) a member of such judicially declared outlawed organization/group. (Section 27).
- Banks/financial institutions must not refuse access and must provide desired information when ordered and served with the Court’s written authorization. (Section 27).
Ex parte application for bank examination and freezing
- A Court of Appeals order granting examination and freezing authority, or information gathering, must be issued only upon an ex parte application by a police/law enforcement official duly authorized in writing by the Anti-Terrorism Council. (Section 28).
- The application must be based on examination under oath or affirmation to establish facts justifying the need and urgency of examining and freezing bank deposits/placements/trust accounts/assets/records for:
- (1) a person charged with or suspected of terrorism or conspiracy;
- (2) any judicially declared and outlawed terrorist organization/association/group; or
- (3) any member of such organization/group. (Section 28).
Bank order classification, contents, and rights
- Court of Appeals orders granting and extending/renewing examination or information gathering, the original ex parte application including extension/renewal application, and Anti-Terrorism Council written authorizations are classified information. (Section 29).
- The person whose bank deposits/placements/trust accounts/assets/records are examined/frozen/sequestered/seized has the right to be informed of acts of law enforcement or to challenge legality. (Section 29).
- The Court of Appeals terrorism-handling order must specify:
- (a) identity of the person charged/suspected or of the judicially declared outlawed organization/group or member, as applicable;
- (b) identity of the bank/financial institution;
- (c) identities of persons who will conduct examination and information gathering; and
- (d) the length of time of authorization. (Section 29).
Periods for bank authorization extensions
- Court authorization to examine, cause examination, freeze, or gather information is effective for the time specified and shall not exceed thirty (30) days from receipt of the order by the applicant police/law enforcement official. (Section 30).
- The Court of Appeals may extend or renew for another period not exceeding thirty (30) days renewable to another thirty (30) days from expiration of the original period. (Section 30).
- Extensions/renewals require satisfaction that they are in the public interest and that the ex parte application was duly authorized in writing by the Anti-Terrorism Council. (Section 30).
- If the original applicant dies or is physically disabled, the next in rank among the team named in the original order files extension/renewal. (Section 30).
- The applicant has thirty (30) days after termination to file the appropriate case before the Public Prosecutor’s Office for any violation. (Section 30).
- If no case is filed within the thirty (30)-day period, the applicant must immediately notify in writing the person subject of bank examination and freezing; failure to notify results in ten (10) years and one day to twelve (12) years imprisonment. (Section 30).
- Any person, law enforcement official, or judicial authority who violates the duty to notify in writing incurs six (6) years and one day to eight (8) years imprisonment. (Section 30).
Sealed custody of bank materials and affidavits
- Within forty-eight (48) hours after expiration (or extension/renewal), all information/data/excerpts/summaries/notes/memoranda/working sheets/reports/other documents obtained from the bank examination must be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package, accompanied by a joint affidavit of the applicant police/law enforcement official and persons who conducted the examination. (Section 31).
- The joint affidavit must include identifying marks/numbers/symbols; the bank/financial institution identity and address; numbers of deposits/placements/trust accounts/assets/records discovered/examined/frozen; outstanding balances; all information/data/excerpts/summaries/notes/memoranda/working sheets/reports/documents placed in the sealed package; date of Anti-Terrorism Council written authorization to file the ex parte application; and the certification that the enumerated items were all found at the time of completion. (Section 32).
- The affidavit must certify under oath that no duplicates/copies were made, or if made that they are included in the sealed package. (Section 32).
- Copying/removing/deleting/expunging/incinerating/shredding/destroying the enumerated items is unlawful. (Section 32).
- Any person who copies/removes/deletes/expunges/incinerates/shreds/destroys suffers not less than six (6) years and one day to twelve (12) years imprisonment. (Section 32).
Bank material evidence limits and opening notice
- Sealed bank materials and contents are classified and shall not be opened or divulged/revealed/read/used as evidence unless authorized by written order of the Court of Appeals authorizing division. (Section 33).
- The Court’s order requires a DOJ written application filed before the Court of Appeals, showing DOJ authorization in writing by the Anti-Terrorism Council, and requiring written notice to the party concerned no later than three days before scheduled opening. (Section 33).
- Violations of the duty to notify in writing incur six (6) years and one day to eight (8) years imprisonment. (Section 33).
- The application to open must have written notice no later than three days before scheduled opening and must state the purpose/reason, including revealing/disclosing classified contents and using classified information/data and related documents as evidence. (Section 34).
Bank evidence exclusion; unauthorized examination
- Any information/data/excerpts/summaries/notes/memoranda/working sheets/reports/documents acquired from examination of bank deposits/placements/trust accounts/assets/records secured in violation of the Act are absolutely not admissible and usable as evidence against anyone in any judicial/quasi-judicial/legislative/administrative proceeding/inquiry/investigation/hearing. (Section 35).
- Any person or police/law enforcement personnel who examines bank deposits/placements/trust accounts/assets/records of covered persons/organizations/members without Court of Appeals authorization suffers ten (10) years and one day to twelve (12) years imprisonment. (Section 36).
- Malicious procurement of Court authorization to examine those bank deposits/records results in ten (10) years and one day to twelve (12) years imprisonment (in addition to other liabilities). (Section 36).
- The aggrieved party may, upon motion, be allowed access to the sealed envelope/package and contents as evidence to prosecute police who maliciously procured authorization, notwithstanding Section 33. (**