PAGASA modernization for improved services

Policy, constitutional limits

The State shall protect life, liberty, and property from terrorism.
The State shall condemn terrorism as inimical and dangerous to the national security of the country and to have welfare of the people.
The Act declares that terrorism is a crime against the Filipino people, against humanity, and against The Law of Nations.
The State shall uphold basic rights and fundamental liberties as enshrined in the Constitution in implementing the policy.
The fight against terrorism requires a comprehensive approach using political, economic, diplomatic, military, and legal means, accounting for the root cause of terrorism and/or criminal activities.
Nothing in the Act shall be interpreted as curtailing or diminishing constitutionally recognized powers of the executive branch, but the exercise of those powers shall not prejudice absolute protection of human rights.

Express definitions and key terms

Critical Infrastructure means an asset or system, physical or virtual, essential to vital societal functions or essential public services such that incapacity or destruction would have a debilitating impact on national defense and security, national economy, public health or safety, the administration of justice, and other analogous functions, including assets or systems affecting telecommunications, water and energy supply, emergency services, food security, fuel supply, banking and finance, transportation, radio and television, information systems and technology, and chemical and nuclear sectors.
Designated Person includes: (1) individuals, groups, organizations, or associations designated/identified by the United Nations Security Council or another jurisdiction/supranational jurisdiction as terrorist, terrorist financer, or terrorist organization/group; and (2) persons designated under Section 25 of this Act, and it supplements Section 3(e) of Republic Act No. 10168.
Extraordinary Rendition is the transfer of a person suspected of being a terrorist or supporter to a foreign nation for imprisonment and interrogation, and it may be done without formal charges, trial, or court approval.
International Organization means an organization established by treaty or other instrument under international law that has its own international legal personality.
Material Support includes property (tangible/intangible) or service, including currency/monetary instruments or financial securities, financial services, lodging, training, expert advice/assistance, safe houses, false documentation/identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, and transportation.
Proliferation of Weapons of Mass Destruction covers transfer/export of chemical, biological, radiological, or nuclear weapons, their means of delivery, and related materials.
Proposal to Commit Terrorism is committed when a person who decided to commit any Act defined and penalized under this Act proposes its execution to other persons.
Recruit is any act to encourage others to join a terrorist individual or organization/group proscribed under Section 26, or designated by the UN Security Council, or organized for engaging in terrorism.
Surveillance Activities includes tracking, following, investigating individuals or organizations, and tapping/listening/intercepting/recording messages and communications including computer/network surveillance.
Supranational Jurisdiction refers to a union or international organization where member-state power and influence transcend national boundaries (example given: the European Union).
Training means instruction designed to impart a specific skill in relation to terrorism, not general knowledge.
Terrorist Individual means a natural person who commits any acts defined and penalized under Sections 4 to 12.
Terrorist Organization, Association or Group of Persons means an entity organized for engaging in terrorism, or those proscribed under Section 26 of the Act by a UN Security Council-designated terrorist organization.
Weapons of Mass Destruction (WMD) are chemical, biological, radiological, or nuclear weapons capable of high destruction or mass casualties, excluding separable/divisible means of transporting or propelling the weapon.

Core terrorism offenses and elements

Section 4 provides that terrorism is committed by any person, within or outside the Philippines, regardless of the stage of execution, who engages in acts intended to:
- cause death or serious bodily injury or endanger a person’s life (Section 4(a));
- cause extensive damage or destruction to a government or public facility, public place, or private property (Section 4(b));
- cause extensive interference with, damage or destruction to critical infrastructure (Section 4(c));
- develop, manufacture, possess, acquire, transport, supply, or use weapons, explosives, or biological/nuclear/radiological/chemical weapons (Section 4(d));
- release dangerous substances or cause fire, floods, or explosions (Section 4(e)).
Section 4 requires that terrorism exists only when the purpose of the act, by its nature and context, is to intimidate the general public or a segment of the public, create an atmosphere or spread a message of fear, provoke or influence the government or an international organization by intimidation, seriously destabilize or destroy fundamental political/economic/social structures, or create a public emergency or seriously undermine public safety.
A person found guilty of terrorism under Section 4 shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592.
Section 4 excludes from terrorism advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar civil and political rights exercises when not intended to cause death or serious physical harm, endanger a person’s life, or create a serious risk to public safety.
Section 5 penalizes threats to commit terrorism with imprisonment of twelve (12) years.
Section 6 makes it unlawful to participate in planning, training, preparation, or facilitation of commission of terrorism; to possess objects connected with preparation; or to collect/make documents connected with preparation, with life imprisonment without parole and the benefits of Republic Act No. 10592.
Section 7 penalizes conspiracy to commit terrorism with life imprisonment without parole and the benefits of Republic Act No. 10592, and defines conspiracy when two (2) or more persons agree and decide to commit terrorism.
Section 8 penalizes proposal to commit terrorism with imprisonment of twelve (12) years.
Section 9 penalizes inciting to commit terrorism (without direct participation) through speeches, proclamations, writings, emblems, banners, or other representations tending to the same end with imprisonment of twelve (12) years.
Section 10 imposes life imprisonment without parole and the benefits of Republic Act No. 10592 for:
- recruiting another to participate in, join, commit, or support terrorism or a terrorist individual/organization proscribed under Section 26 or designated by the UN Security Council, or organized for engaging in terrorism;
- organizing or facilitating travel for recruitment to a foreign state for the purpose of recruitment for serving in a foreign armed force, including by recruiting, advertising/propaganda, publishing application/place/manner details, or other acts with intention to facilitate recruitment.
Section 10 imposes imprisonment of twelve (12) years on any person who voluntarily and knowingly joins a proscribed or designated terrorist organization/group knowing of its status.
Section 11 imposes life imprisonment without parole and the benefits of Republic Act No. 10592 for foreign terrorist conduct, including:
- traveling or attempting to travel to a foreign state for perpetrating/planning/preparing for/participating in terrorism or providing/receiving terrorist training;
- organizing/facilitating travel for such purposes knowing the purpose;
- persons residing abroad who come to the Philippines to participate in perpetrating/planning/training/preparing for/participating in terrorism or to provide support or facilitate or receive terrorist training here or abroad.
Section 12 requires that any person providing material support to a terrorist individual/organization knowing it is committing or planning terrorist acts is liable as principal for all terrorist activities committed, in addition to other criminal liabilities.
Section 13 provides a humanitarian exemption: humanitarian activities undertaken by ICRC, PRC, and other state-recognized impartial humanitarian partners/organizations that conform with International Humanitarian Law (IHL) do not fall within Section 12.

Accessory, public officials, and interrogation limits

Section 14 defines accessory liability: anyone with knowledge of commission of terrorism-related crimes under Section 4 who, without participating, profiting or assisting by the effects; concealing/destroying bodies, effects, or instruments to prevent discovery; or harboring/concealing/assisting escape of principals/conspirators is liable as an accessory with imprisonment of twelve (12) years.
Section 14 provides no exemption from liability under this section, regardless of relationship or affinity.
Section 15 requires that if the offender is a public official or employee, the offender shall be charged with grave misconduct and/or disloyalty to the Republic of the Philippines and the Filipino people, and shall be meted the penalty of dismissal, plus accessory penalties: cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual absolute disqualification from running for any elective office or holding any public office.
Section 33 absolutely prohibits torture and cruel, inhumane, or degrading treatment/punishment during investigation or interrogation of detained suspected terrorists and makes any evidence obtained from such treatment inadmissible in any proceeding.

Surveillance powers and judicial authorization

Section 16 allows a law enforcement agent or military personnel, notwithstanding Republic Act No. 4200 (Anti-Wire Tapping Law), to conduct wiretapping and other surveillance activities only upon a written order of the Court of Appeals.
Section 16 limits authorized communications for surveillance to:
- communications between members of a judicially declared and outlawed terrorist organization (Section 26);
- communications between members of a designated person under Section 3(e) of Republic Act No. 10168;
- communications involving persons charged with or suspected of committing crimes penalized under Sections 4 to 12.
Section 16 prohibits surveillance authorization for communications between lawyers and clients, doctors and patients, journalists and their sources, and confidential business correspondence.
Section 16 requires law enforcement/military to:
- file an ex parte application with the Court of Appeals for an order to compel TSP/ISP to produce customer information/identification records and call/text data records, content, and cellular/internet metadata of any person suspected of crimes under this Act; and
- furnish the NTC a copy of the application, and notify the NTC upon issuance of the order for immediate compliance.
Section 17 requires a written order by the authorizing division of the Court of Appeals based on:
- an ex parte written application by an applicant law enforcement agent or military personnel duly authorized in writing by the Anti-Terrorism Council (ATC); and
- court determination after oath/affirmation examination that there is probable cause:
  - (1) the crimes under Sections 4 to 12 have been committed, are being committed, or are about to be committed; and
  - (2) evidence essential to conviction or to solution/prevention of such crimes will be obtained.
Section 18 requires that the Court’s written order and application be treated as classified information, restricting access to specified persons including applicants, duly authorized ATC personnel, hearing justices, clerk of court, and duly authorized court personnel.
Section 18 requires the order to specify:
- identities to be tracked/intercepted (including names/addresses if known), and transmission systems/telephone numbers and locations for radio-electronic/telephonic communications, or if not fully known, that the subjects be the object of continuous surveillance;
- identity of the law enforcement agent or military personnel and team members judicially authorized;
- the offenses committed/being committed/seeking to be prevented; and
- the length of time of authorization.
Section 19 limits authorization effectiveness to the period stated in the written order, which shall not exceed sixty (60) days from receipt by the applicant.
Section 19 allows extension/renewal only to a non-extendible period not exceeding thirty (30) days from expiration of the original period, subject to satisfaction that it is in the public interest, and an ex parte extension/renewal application duly authorized in writing by the ATC.
Section 19 provides that where the original applicant dies or is physically disabled to file, the next in rank among the team shall file the extension/renewal application.
Section 19 requires filing an appropriate case before the Public Prosecutor’s Office within thirty (30) days after termination of the Court’s granted period.
Section 20 requires that all intercepted/recorded materials be deposited with the issuing court within forty-eight (48) hours after expiration (or after extension/renewal), in sealed form, with a joint affidavit of the applicant and team members.
Section 20 absolutely prohibits any removal, deletion, expunging, incineration, shredding, or destruction of the enumerated materials.
Section 20 penalizes such prohibited acts with imprisonment of ten (10) years.
Section 21 requires the joint affidavit to state:
- number of tapes/discs/recordings;
- dates and times covered by each; and
- chain of custody/list of persons with possession/custody.
Section 21 requires oath certification that no duplicates/copies were made, or if made, that all are included in the sealed envelope/package deposited.
Section 21 makes omission/exclusion from the joint affidavit unlawful and penalizes violations with imprisonment of ten (10) years.
Section 22 declares the sealed envelope/package and contents classified information and requires a written order of the authorizing division of the Court of Appeals for opening/disclosure/usage as evidence.
Section 22 restricts opening authorization to written applications by the Department of Justice (DOJ) duly authorized in writing by the ATC, with proper written notice to the person whose communications were subject of surveillance.
Section 22 requires the application (with notice) to clearly state the purpose/reason for opening or using as evidence.
Section 22 penalizes violations with imprisonment of ten (10) years.
Section 23 makes all listened to/intercepted/recorded communications, or any part thereof, or any information/fact contained therein, obtained in violation of the Act inadmissible in any judicial, quasi-judicial, legislative, or administrative investigation or proceeding.
Section 24 penalizes law enforcement/military surveillance activities conducted without valid judicial authorization with imprisonment of ten (10) years and requires that maliciously procured information be made available to the aggrieved party.

Proscription, designation, and detention rules

Section 25 requires the ATC to automatically adopt the UN Security Council Consolidated List for designated individuals/groups/organizations/associations under UN Security Council Resolution No. 1373.
Section 25 allows ATC to adopt request for designation from other supranational jurisdictions after determining the proposed designee meets UNSCR No. 1373 criteria.
Section 25 authorizes ATC to designate domestic or foreign individuals/groups/organizations/associations upon a finding of probable cause that they commit, attempt, or conspire to commit, or participate in or conspire to commit, acts punishable under Sections 4 to 12.
Section 25 provides that assets of designated persons are subject to AMLC authority to freeze under Section 11 of Republic Act No. 10168.
Section 25 provides designation shall not prejudice proscription of terrorist organizations under Section 26.
Section 26 provides that any group/organization/association that commits acts defined and penalized under Sections 4 to 12, or organized for engaging in terrorism, shall be declared a terrorist and outlawed upon DOJ application before the Court of Appeals authorizing division, with due notice and opportunity to be heard.
Section 26 requires DOJ applications for proscription to be filed with urgent prayer for preliminary order.
Section 26 prohibits filing any proscription application without ATC authority upon the recommendation of the National Intelligence Coordinating Agency (NICA).
Section 27 requires that if the Court finds probable cause based on a verified application sufficient in form and substance and issuance is necessary to prevent terrorism, it shall issue a preliminary order of proscription within seventy-two (72) hours from filing.
Section 27 requires the Court to conduct continuous hearings to decide whether:
- the preliminary order should become permanent;
- a permanent order should be issued if none was issued; or
- the preliminary order should be lifted.
Section 27 requires continuous hearings to be completed within six (6) months from filing.
Section 27 places the burden of proof on the applicant to prove respondent is terrorist/outlawed for issuance of preliminary or permanent order.
Section 27 requires permanent proscription publication in a newspaper of general circulation and makes it valid for three (3) years, with review and possible lifting if warranted.
Section 28 requires DFA referral of requests for proscription from other jurisdictions or supranational jurisdictions to the ATC, with NICA assistance, to determine if proscription is warranted, after which DOJ commences proceedings if granted.
Section 29 replaces Article 125 timing rules: law enforcement/military authorized in writing by the ATC who took custody of suspected persons under Sections 4 to 12 must deliver them to proper judicial authority within fourteen (14) calendar days from apprehension.
Section 29 permits extension of detention up to ten (10) calendar days upon establishment that further detention is necessary to preserve evidence, prevent another terrorism, and that investigation is properly conducted without delay.
Section 29 requires written notification to the nearest court judge immediately after taking custody, stating arrest time/date/manner, locations, and detainee physical and mental condition.
Section 29 requires the written notice to be furnished also to the ATC and Commission on Human Rights (CHR).
Section 29 requires the detaining facility head to ensure the detainee is informed of detainee rights and ensure access by counsel or authorized visitorial entities.
Section 29 penalizes failure to notify any judge with imprisonment of ten (10) years upon the police/law enforcement/military personnel.

Custodial rights and custody logs

Section 30 requires immediate advisement upon apprehension/arrest/detention of persons charged with or suspected of acts under Sections 4 to 12 of their right:
- to be informed of nature and cause of arrest;
- to remain silent;
- to have competent and independent counsel, preferably of their choice;
- if counsel of choice cannot be afforded, the law enforcement must immediately contact IBP free legal assistance unit or PAO, which must immediately visit and provide legal assistance.
Section 30 provides that these rights cannot be waived except in writing and in the presence of counsel of choice.
Section 30 requires informing of the cause(s) of detention in the presence of legal counsel.
Section 30 requires free and unrestricted communication with legal counsel at any time, and private communication without restriction with family/nearest relatives and visitation.
Section 30 requires access to a physician or physicians of choice.
Section 31 penalizes violation of detainee rights by law enforcement/military with imprisonment of ten (10) years, and if violator is not identified, penalizes the head of the custody unit at the time of violation with the same penalty.
Section 32 requires the custodial unit to keep an official custodial logbook as a public document, securely and orderly maintained, open for inspection at any time by counsel, family/relatives within the fourth civil degree, or physician subject to reasonable restrictions.
Section 32 requires the logbook to record specified details, including identity data, admission date/time, physician examinations, health condition, removal/return times for interrogation or purposes, post-interrogation medical findings, family/relative details, visitor details and times, counsel communication/conference requests and visit/departure times, and other relevant events.
Section 32 requires that on demand, the unit shall issue a certified true copy of logbook entries related to the detained person, subject to reasonable restrictions.
Section 32 penalizes failure to keep the official logbook with imprisonment of ten (10) years.

Travel restriction and evidentiary consequences

Section 34 requires the investigating prosecutor to apply for a precautionary hold departure order (PHDO) against the respondent in the proper Regional Trial Court upon preliminary probable cause prior to filing of an information.
Section 34 requires that upon filing of the information, the prosecutor apply for a hold departure order (HDO) against the accused in the court with jurisdiction, supported by complaint-affidavit attachments and personal details, passport number, and a photograph if available.
Section 34 provides that when evidence of guilt is not strong and the person is entitled to and granted bail, the court shall limit the right of travel to within the municipality or city where the accused 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.
Section 34 provides that travel outside the municipality or city without court authorization violates bail terms and results in forfeiture of bail under the Rules of Court.
Section 34 authorizes house arrest in addition to travel restriction by court order at the accused’s usual place of residence.
Section 34 provides that under house arrest, the accused may not use telephones, cellphones, e-mails, computers, the internet, or other means of communication with persons outside the residence unless ordered by the court.
Section 34 requires that when evidence of guilt is strong, the court shall issue an HDO immediately and direct the DFA to initiate passport cancellation procedures.
Section 34 terminates restrictions upon acquittal or dismissal of the case file, or earlier upon the court’s discretion on motion of prosecutor or accused.
Section 23 mandates inadmissibility of surveillance materials obtained in violation, preventing them from being used as evidence in any proceeding.

Anti-terror financing controls and AMLC powers

Section 35 authorizes the AMLC, upon court issuance of a preliminary order of proscription or upon designation under Section 25, to investigate:
- property or funds related to financing of terrorism under Republic Act No. 10168 or violations of Sections 4, 6, 7, 10, 11, or 12 of this Act; and
- property or funds of persons where there is probable cause they are committing or attempting or conspiring to commit, or participating in or facilitating, financing of the specified sections.
Section 35 allows AMLC to enlist assistance of government entities, including government-owned and/or controlled corporations, and to use their personnel, facilities, and resources.
Section 35 grants AMLC authority to inquire into or examine deposits and investments with banking institutions and non-bank financial institutions and their subsidiaries/affiliates without a court order, notwithstanding Republic Act No. 1405, Republic Act No. 6426, Republic Act No. 8791, and other laws.
Section 36 authorizes AMLC, upon court issuance of preliminary order of proscription or designation under Section 25, to issue an ex parte order to freeze without delay:
- property or funds related to financing of terrorism under Republic Act No. 101168 or violations of Sections 4 to 12, and
- property or funds of persons where there is probable cause of committing/attempting/conspiring/participating/facilitating financing of those acts.
Section 36 limits freeze orders’ effectivity to not exceeding twenty (20) days.
Section 36 allows extension upon AMLC petition before expiration; the Court of Appeals may extend up to six (6) months, and the twenty-day period is tolled upon filing of the petition to extend.
Section 36 authorizes AMLC to issue freeze orders consistent with Philippines international obligations to comply with binding terrorism-related resolutions (including UNSCR No. 1373) and to issue such freeze order effective until the basis is lifted.
Section 36 allows an aggrieved party to file within twenty (20) days from issuance a petition with the Court of Appeals to determine the basis for the freeze order under the principle of effective judicial protection.
Section 36 allows the person whose property/funds are frozen to withdraw sums AMLC determines are reasonably needed for monthly family needs and sustenance, including counsel services and family medical needs.
Section 36 mandates that if the frozen property/funds are found related to financing of terrorism or violations of Sections 4 to 12 committed within the Philippines, they become subject to civil forfeiture proceedings under Republic Act No. 10168.
Section 37 penalizes malicious examination or unauthorized examination of bank or financial institution deposits/records in relation to Section 36 with imprisonment of four (4) years.
Section 38 provides safe harbor: no administrative, criminal, or civil proceedings lie against any person acting in good faith when implementing targeted financial sanctions under relevant UN Security Resolutions.
Section 39 penalizes bank officials/employees/board members who refuse examination after due service of a Court of Appeals authorization order with imprisonment of four (4) years.
Section 40 provides that immunity and protection of government witnesses are governed by Republic Act No. 6981 (Witness Protection, Security and Benefits Act).

Institutional framework and human rights

Section 45 creates an Anti-Terrorism Council (ATC) chaired by the Executive Secretary, with the National Security Adviser as Vice Chairperson, and members including the Secretary of Foreign Affairs, Secretary of National Defense, Secretary of the Interior and Local Government, Secretary of Finance, Secretary of Justice, Secretary of Information and Communications Technology, and the Executive Director of the Anti-Money Laundering Council (AMLC) Secretariat.
Section 45 tasks the ATC to implement the Act and ensure proper/effective implementation of national policies against terrorism, and to keep records of its proceedings and decisions with security classifications it deems necessary.
Section 45 designates NICA as Secretariat of the ATC and provides that the ATC shall define powers, duties, and