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II. Defines the crime of terrorism to be the commission of any of the crimes of :
A. The accused ( maybe a single individual or a group) must commit any of the enumerated crimes
B. There results a condition of widespread and extraordinary fear and panic among the populace
C. The purpose of the accused must be to coerce the government to give into an unlawful demand
i. The word demand is too broad as to cover not only political, criminal or monetarial demands
but also those which may be categorized as social or economic. This however is qualified by the
word unlawful.
C. Accessory-The acts punished are the same as that under Article 19 of the RPC. The penalty is 10
yrs. And one day to 12 years
1. The law however adopts the absolutory cause of exemption of accessories from liability with
respect to their relatives
A. Authorizes the grant of Judicial Authorization to listen, intercept, and record, any communication,
message, conversation, discussion, or of spoken or written words between members of (i) a judicially
declared and outlawed terrorist organization or association or group, or (ii) of any person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism
1. The Judicial Authorization can only be issued by the Court of Appeals (a) upon a written
application filed by a police or law enforcement official or members of his team and (b). after an ex
2. The applicant must have been authorized in writing to file the application by the Anti-Terrorism
Council (The Body created to implement the law and assume responsibility for the effective
implementation of the anti-terrorism[policy of the country)
3. The Judicial Authority is effective for a maximum period not to exceed 30 days from date of
receipt of the written order and may be extended for another similar period
B. Punishes the act of failure to notify the person subject of the surveillance, monitoring or
interception, if no case was filed within the 30 day period/life time of the Order of Court authorizing the
surveillance
C. Punishes any person who conducts any unauthorized or malicious interceptions and or recording of
any form of communications, messages, conversations, discussions or spoken or written words
VI. Provides for a Judicial Declaration of Terrorists and Outlawed organization, association, or group of
persons, by any RTC upon application by the DOJ and upon prior notice to the group affected.
B. Upon arrest and prior to actual detention, the law enforcement agent must present the suspected
terrorist before any judge at the latters residence or office nearest the place of arrest, at any time of
the day or night. The judge shall, within three days, submit a written report of the presentation to the
court where the suspect shall have been charged.
D. Failure to notify in writing is punished by 10 years and one day to12 years of imprisonment
A. The three day period is counted from the moment the person charged or suspected as terrorist has
been apprehended or arrested, detained and taken into custody
B. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than
three days without the written approval of the Human Rights Commission, or judge of the MTC RTC,
Sandiganbayan or Court of Appeals nearest the place of arrest
C. If arrest was on a nonworking day or hour, the person arrested shall be brought to the residence of
any of the above named officials nearest the place of arrest.
D. Failure to deliver the person charged or suspected as terrorists to the proper judicial; authority
within three days is punished by 10 years and one day to 12 years.
IX. Other Acts Punished As Offenses (punished by imprisonment of 10 years and one day to 12 years)
which acts are related to the arrest/detention of suspected terrorists
1. Failure to keep official logbook detailing the name of the person arrested the date and time of
initial admission for custody and arrest; state of his health; date and time of removal from his cell,
and his return thereto; date and time of visits and by whom; all other important data bearing on his
treatment while under arrest and custody
2. Failure to promptly issue a certified true copy of the entries of the log book
C. Using threat, intimidation, coercion, inflicting physical pain, or torment or mental emotional, moral or
psychological pressure which shall vitiate the free will
E. Punishes the act of knowingly furnishing False Testimony, forged document or spurious evidence in
any investigation or hearing under the law ( 12 yrs and one day to 20 years)
X. Prosecution under the Law is a bar to another prosecution under the Revised Penal code or any other
special law for any offense or felony which is necessarily included in the offense charged under the law
XI. If the suspect is acquitted he is entitled to P500,000.00 for every day of detention without a warrant of
arrest.
A. Any person who delays the release or refuses to release the amount shall be punished by
imprisonment of 6 months
B. The data shall be considered confidential and shall not be unnecessarily revealed until after the
proceedings against the suspect shall have been terminated.
(NOTE: It would seem that the confidentiality of the informants identity is not permanent but may be
revealed, not like the provisions of the Rules of Evidence which considers the confidentiality as
permanent)
The law applies to any person who commits an act covered by the law if committed:
A. Within the terrestrial domain, interior waters, maritime zone and airspace of the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises belonging to or occupied by the Philippine
government in an official capacity
E. against Philippine citizens or persons of Philippine descent where their citizenship or ethnicity was a
factor in the commission of the crime
F. Directly against the Philippine government.
XIV. The provisions of the law shall be automatically suspended one month before and two months after
the holding of any election.