I.

Crimes Against National Security and the Law of Nations

Republic Act No. 9372 March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM

TERRORISM

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:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d' Etat), including acts committed by private persons;

d. Article 248 (Murder);

 e. Article 267 (Kidnapping and Serious Illegal Detention);

f. 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 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.

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 Section 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 provided in the
preceding paragraphs within which to file the appropriate case before the Public Prosecutor's 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 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 prescribed 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 Material. -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 years and one day to
eight years of imprisonment.

SEC. 14. Application to Open Deposited Sealed Envelope 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 years and one day to eight 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 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 latter's 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 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.

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 and 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 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 days after the date of the detention of the persons concerned: Provided, however,
That within three 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 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 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 Attorney's 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 hear 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; (1) 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 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 freewill, 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/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.

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 identify 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 ream
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 Prosecutor's 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 years and one day to eight 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 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 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 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 years and one day to eight 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 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 organization, association, or group 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 family's 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/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/her family or to use any of his/her property that
has been seized, sequestered or frozen for legitimate purposes while his/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/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 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 or 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 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
the Rules 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 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 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 or 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 informant's name and address to their
superior officer who shall transmit the information to the Congressional Oversight Committee or to the
proper court within five 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) 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 prescribed 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 system 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, 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 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 Ombudsman. Three 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 subcommittees shall assist the Grievance Committee in
receiving, investigating and evaluating complaints against the police and other law enforcement officers in
the implementation of this 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 Philippines 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 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 opposition or minority members. The Joint Oversight
Committee shall have its own independent counsel. The Chair of the Committee shall rotate every six
months with the Senate chairing it for the first six months and the House for the next six 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 provision 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 semiannual 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 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 newspapers of national circulation; three newspapers of local circulation,
one each in llocos Norte, Baguio City and Pampanga; three newspapers of local circulation, one each in
Cebu, lloilo and Tacloban; and three 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 days, morning, noon and night over three national television and radio
networks; three radio and television networks, one each in Cebu, Tacloban and lloilo; and in five 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 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 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 as after the holding of any election.
 PRESIDENTIAL DECREE No. 532 August 8, 1974

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts
of depredations upon the persons and properties of innocent and defenseless inhabitants who travel from
one place to another, thereby distributing the peace, order and tranquility of the nation and stunting the
economic and social progress of the people;

WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are
among the highest forms of lawlessness condemned by the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of
depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles
to the economic, social, educational and community progress of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and
No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order
and decree as part of the law of the land the following:

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs,
bays around, between and connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine Waters. It shall include all kinds and types of vessels or boats used in
fishing.

c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other
parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or
locomotives or trains for the movement or circulation of persons or transportation of goods,
articles, or property or both.
 d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof
or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective
of the value thereof, by means of violence against or intimidation of persons or force upon things,
committed by any person, including a passenger or member of the complement of said vessel, in
Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence against or
intimidation of person or force upon things of other unlawful means, committed by any person on
any Philippine Highway.

Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined,
shall, upon conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof,
the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a
result or on the occasion of piracy, or when the offenders abandoned the victims without means of
saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the
mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery or brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide,
or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information about the movement of police or other peace officers
of the government, or acquires or receives property taken by such pirates or brigands or in any manner
derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal
Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent
with this Decree are hereby repealed or modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-
four.
 REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR

OTHER PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft
of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from
the moment all its external doors are closed following embarkation until any of such doors is opened for
disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be imposed upon any person committing such
violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or
poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding
section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with
regulations issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

 (1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound,
which by chemical reaction liberates heat and gas at high speed and causes tremendous
pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers,
blasting caps, black powders, bursters, percussions, cartridges and other explosive materials,
except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object. It shall include but not limited to
alkaline battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and other similar materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions kills, injuries or impairs a living organism or person,
and shall include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and
other similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five
years but not more than ten years or by a fine of not less than ten thousand pesos but not more than
twenty thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall
be imposed upon the manager, representative, director, agent or employee who violated, or caused,
directed, cooperated or participated in the violation thereof: Provided, further, That in case the violation is
committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager, representative or director responsible for such
violation and in addition thereto, the license of said corporation to do business in the Philippines shall be
revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty
provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections
three and four hereof, the person responsible therefor may be held liable in accordance with the
applicable provisions of the Revised Penal Code.
Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire
are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or
shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of
the provisions of this Act: Provided, That if the owner, shipper or his representative refuses to have the
same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject
to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not
be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and
the air carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after
the approval of this Act such regulations as are provided in Section four hereof and cause the publication
of such rules and regulations in the Official Gazette and in a newspaper of national circulation for at least
once a week for three consecutive weeks. Such regulations shall take effect fifteen days after publication
in the Official Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding section.

Approved: June 19, 1971

 II. Crimes Against Fundamental Law of the State

REPUBLIC ACT NO. 10168 June 20, 2012

AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM, PROVIDING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

Section 1. Short Title. This Act shall be known as "The Terrorism Financing Prevention and Suppression
Act of 2012.

Section 2. Declaration of Policy. It is the policy of the State to protect life, liberty, and property from acts
of terrorism and to condemn terrorism and those who support and finance it and to recognize it as inimical
and dangerous to national security and the welfare of the people, and to make the financing of terrorism a
crime against the Filipino people, against humanity, and against the law of nations.

The State, likewise, recognizes and adheres to international commitments to combat the financing of
terrorism, specifically to the International Convention for the Suppression of the Financing of Terrorism, as
well as other binding terrorism-related resolutions of the United Nations Security Council pursuant to
Chapter 7 of the Charter of the United Nations (UN).

Toward this end, the State shall reinforce its fight against terrorism by criminalizing the financing of
terrorism and related offenses, and by preventing and suppressing the commission of said offenses
through freezing and forfeiture of properties or funds while protecting human rights.

Section 3. Definition of Terms. As used in this Act:

(a) Anti-Money Laundering Council (AMLC) refers to the Council created by virtue of Republic Act
No. 9160, as amended, otherwise known as the "Anti-Money Laundering Act of 2001, as
amended".

(b) Anti-Terrorism Council (ATC) refers to the Council created by, virtue of Republic Act No. 9372,
otherwise known as the "Human Security Act of 2007.

(c) Covered institutions refer to or shall have the same meaning as defined under the Anti-Money
Laundering Act (AMLA), as amended.
(d) Dealing, with regard to property or funds refers to receipt, acquisition, transacting,
representing, concealing, disposing or converting, transferring or moving, use as security of or
providing financial services.

(e) Designated persons refers to:

(1) any person or entity designated and/or identified as a terrorist, one who finances
terrorism, or a terrorist organization or group under the applicable United Nations
Security Council Resolution or by another jurisdiction or supranational jurisdiction;

(2) any organization, association, or group of persons proscribed pursuant to Section 17

of the Human Security Act of 2007; or

(3) any person, organization, association, or group of persons whose funds or property,
based on probable cause are subject to seizure and sequestration under Section 39 of
the Human Security Act of 2007.

(f) Forfeiture refers to a court order transferring in favor of the government, after due process,
ownership of property or funds representing, involving, or relating to financing of terrorism as
defined in Section 4 or an offense under Sections 5, 6, 7, 8, or 9 of this Act.

(g) Freeze refers to the blocking or restraining of specific property or funds from being transacted,
converted, concealed, moved or disposed without affecting the ownership thereof.

(h) Property or funds refer to financial assets, property of every kind, whether tangible or
intangible, movable or immovable, however acquired, and legal documents or instruments in any
form, including electronic or digital, evidencing title to, or interest in, such funds or other assets,
including, but not limited to, bank credits, travellers cheques, bank cheques, money orders,
shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income
on or value accruing from or generated by such funds or other assets.

(i) Terrorist refers to any natural person who: (1) commits, or attempts, or conspires to commit
terrorist acts by any means, directly or indirectly, unlawfully and willfully; (2) participates, as a
principal or as an accomplice, in terrorist acts; (3) organizes or directs others to commit terrorist
acts; or (4) contributes to the commission of terrorist acts by a group of persons acting with a
common purpose where the contribution is made intentionally and with the aim of furthering the
terrorist act or with the knowledge of the intention of the group to commit a terrorist act.

(j) Terrorist acts refer to the following:

(1) Any act in violation of Section 3 or Section 4 of the Human Security Act of 2007;

(2) Any other act intended to cause death or serious bodily injury to a civilian, or to any
other person not taking an active part in the hostilities in a situation of armed conflict,
when the purpose of such act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain from doing any
act;

(3) Any act which constitutes an offense under this Act, that is within the scope of any of
the following treaties of which the Republic of the Philippines is a State party:

(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at The
Hague on 16 December 1970;

(b) Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation, done at Montreal on 23 September 1971;

(c) Convention on the Prevention and Punishment of Crimes against

Internationally Protected Persons, including Diplomatic Agents, adopted by the
General Assembly of the United Nations on 14 December 1973;

(d) International Convention against the Taking of Hostages, adopted by the

General Assembly of the United Nations on 17 December 1979;

(e) Convention on the Physical Protection of Nuclear Material, adopted at Vienna

on 3 March 1980;

(f) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the Suppression
of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24
February 1988 ;

(g) Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, done at Rome on 10 March 1988;

(h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms located on the Continental Shelf, done at Rome on 10 March 1988; or
 (i) International Convention for the Suppression of Terrorist Bombings, adopted
by the General Assembly of the United Nations on 15 December 1997.

(k) Terrorist organization, association or a group of persons refers to any entity

owned or controlled by any terrorist or group of terrorists that: (1) commits, or
attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully
and willfully; (2) participates as an accomplice in terrorist acts; (3) organizes or
directs others to commit terrorist acts; or (4) contributes to the commission of
terrorist acts by a group of persons acting with common purpose of furthering the
terrorist act where the contribution is made intentionally and with the aim of
furthering the terrorist act or with the knowledge of the intention of the group to
commit a terrorist act.

Section 4. Financing of Terrorism. Any person who, directly or indirectly, willfully and without lawful
excuse, possesses, provides, collects or uses property or funds or makes available property, funds or
financial service or other related services, by any means, with the unlawful and willful intention that they
should be used or with the knowledge that they are to be used, in full or in part: (a) to carry out or facilitate
the commission of any terrorist act; (b) by a terrorist organization, association or group; or (c) by an
individual terrorist, shall be guilty of the crime of financing of terrorism and shall suffer the penalty of
reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred
thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).

Any person who organizes or directs others to commit financing of terrorism under the immediately
preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein
prescribed.

For purposes of this Act, knowledge or intent may be established by direct evidence or inferred from the
attendant circumstances.

For an act to constitute a crime under this Act, it shall not be necessary that the funds were actually used
to carry out a crime referred to in Section 3(j).

Section 5. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and Dealing with
Property or Funds of Designated Persons. Any attempt to commit any crime under Section 4 or Section
8 under this Act shall be penalized by a penalty two degrees lower than that prescribed for the
commission of the same as provided under this Act.

Any conspiracy to commit any crime under Section 4 or Section 8 of this Act shall be penalized by the
same penalty prescribed for the commission of such crime under the said sections.
There is conspiracy to commit the offenses punishable under Sections 4 and 8 of this Act when two (2) or
more persons come to an agreement concerning the commission of such offenses and decided to commit
it.

Section 6. Accomplice. Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 5 hereof, cooperates in the execution of either the crime of
financing of terrorism or conspiracy to commit the crime of financing of terrorism by previous or
simultaneous acts shall suffer the penalty one degree lower than that prescribed for the conspirator.

Section 7. Accessory. Any person who, having knowledge of the commission of the crime of financing of
terrorism but without having participated therein as a principal, takes part subsequent to its commission,
by profiting from it or by assisting the principal or principals to profit by the effects of the crime, or by
concealing or destroying the effects of the crime in order to prevent its discovery, or by harboring,
concealing or assisting in the escape of a principal of the crime shall be guilty as an accessory to the
crime of financing of terrorism and shall be imposed a penalty two degrees lower than that prescribed for
principals in the crime of financing terrorism.

Section 8. Prohibition Against Dealing with Property or Funds of Designated Persons. Any person who,
not being an accomplice under Section 6 or accessory under Section 7 in relation to any property or fund:
(i) deals directly or indirectly, in any way and by any means, with any property or fund that he knows or
has reasonable ground to believe is owned or controlled by a designated person, organization,
association or group of persons, including funds derived or generated from property or funds owned or
controlled, directly or indirectly, by a designated person, organization, association or group of persons; or
(ii) makes available any property or funds, or financial services or other related services to a designated
and/or identified person, organization, association, or group of persons, shall suffer the penalty of
reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred
thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).

Section 9. Offense by a Juridical Person, Corporate Body or Alien. If the offender is a corporation,
association, partnership or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or allowed by their gross negligence, the commission of
the crime or who shall have knowingly permitted or failed to prevent its commission. If the offender is a
juridical person, the court may suspend or revoke its license. If the offender is an alien, the alien shall, in
addition to the penalties herein prescribed, be deported without further proceedings after serving the
penalties herein prescribed.

Section 10. Authority to Investigate Financing of Terrorism. The AMLC, either upon its own initiative or
at the request of the ATC, is hereby authorized to investigate: (a) any property or funds that are in any
way related to financing of terrorism or acts of terrorism; (b) property or funds of any person or persons in
relation to whom there is probable cause to believe that such person or persons are committing or
attempting or conspiring to commit, or participating in or facilitating the financing of terrorism or acts of
terrorism as defined herein.

The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled corporations in
undertaking measures to counter the financing of terrorism, which may include the use of its personnel,
facilities and resources.

For purposes of this section and notwithstanding the provisions of Republic Act No. 1405, otherwise
known as the "Law on Secrecy of Bank Deposits", as amended; Republic Act No. 6426, otherwise known
as the "Foreign Currency Deposit Act of the Philippines", as amended; Republic Act No. 8791, otherwise
known as "The General Banking Law of 2000 and other laws, the AMLC is hereby authorized to inquire
into or examine deposits and investments with any banking institution or non-bank financial institution and
their subsidiaries and affiliates without a court order.

Section 11. Authority to Freeze. The AMLC, either upon its own initiative or at the request of the ATC, is
hereby authorized to issue an ex parte order to freeze without delay: (a) property or funds that are in any
way related to financing of terrorism or acts of terrorism; or (b) property or funds of any person, group of
persons, terrorist organization, or association, in relation to whom there is probable cause to believe that
they are committing or attempting or conspiring to commit, or participating in or facilitating the commission
of financing of terrorism or acts of terrorism as defined herein.

The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by
the AMLC before the expiration of the period, the effectivity of the freeze order may be extended up to a
period not exceeding six (6) months upon order of the Court of Appeals: Provided, That the twenty-day
period shall be tolled upon filing of a petition to extend the effectivity of the freeze order.

Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines international
obligations, shall be authorized to issue a freeze order with respect to property or funds of a designated
organization, association, group or any individual to comply with binding terrorism-related Resolutions,
including Resolution No. 1373, of the UN Security Council pursuant to Article 41 of the Charter of the UN.
Said freeze order shall be effective until the basis for the issuance thereof shall have been lifted. During
the effectivity of the freeze order, an aggrieved party may, within twenty (20) days from issuance, file with
the Court of Appeals a petition to determine the basis of the freeze order according to the principle of
effective judicial protection.
However, if the property or funds subject of the freeze order under the immediately preceding paragraph
are found to be in any way related to financing of terrorism or acts of terrorism committed within the
jurisdiction of the Philippines, said property or funds shall be the subject of civil forfeiture proceedings as
hereinafter provided.

Section 12. Exceptions for Investigative Requirements. Notwithstanding the immediately preceding
provision, the AMLC may decide to defer the issuance of a freeze order for as long as necessary for any
specific investigative/prosecutorial purposes.

Section 13. Humanitarian Exemptions. The person whose property or funds have been frozen under the
first paragraph of Section 11 may withdraw such sums as the court determines to be reasonably needed
for monthly family needs and sustenance including the services of counsel and the family medical needs
of such person.1wphi1

The person whose property or funds have been frozen under the third paragraph of Section 11 may
withdraw such sums as the AMLC determines to be reasonably needed for monthly family needs
including the services of counsel and the family medical needs of such person.

Section 14. Appropriation and Use of Funds of Public Attorneys Office (PAO). Any appropriation and
use of funds of PAO to provide free legal assistance or services to persons charged of the offenses
defined and penalized herein shall not be construed as a violation of this Act, thereby exempting the PAO
from any liability.

Section 15. Publication of Designation. The Department of Foreign Affairs with respect to designation
under Section 3 (e) (1) of this Act, and the ATC with respect to designation under Section 3 (e) (2) and (3)
and Section 11 of this Act, shall publish a list of the designated persons to which this Act or the Human
Security Act applies. The concerned agencies shall ensure that an electronic version of the document is
made available to the public on their respective website.

Each respective agency or authority shall ensure that information on procedures established in rules and
regulations issued pursuant to this Act for delisting, unfreezing and exemptions for basic, necessary or
extraordinary expenses shall likewise be made available in their respective website.

Section 16. Duty of the Covered Institutions and/or Relevant Government Agencies Upon Receipt of the
Freeze Order. Upon receipt of the notice of a freeze order, the covered institutions and/or relevant
government agencies shall immediately preserve the subject property or funds in accordance with the
order of the AMLC and shall forthwith serve a copy of the notice of the freeze order upon the owner or
holder of the property or funds. Any responsible officer or other person who fails to comply with a freeze
order shall suffer the penalty of imprisonment from six (6) months to four (4) years and a fine of not less
than One hundred thousand pesos (Php100,000.00) nor more than Five hundred thousand pesos
(Php500,000.00), at the discretion of the court, without prejudice to the administrative sanctions that the
AMLC may impose on the erring covered institution.

Section 17. Predicate Offense to Money Laundering. Financing of terrorism under Section 4 and
offenses punishable under Sections 5, 6, and 7 of this Act shall be predicate offenses to money
laundering as defined in Republic Act No. 9160, otherwise known as the "Anti-Money Laundering Act of
2001?, as amended, and subject to its suspicious transaction reporting requirement.

Section 18. Civil Forfeiture. The procedure for the civil forfeiture of property or funds found to be in any
way related to financing of terrorism under Section 4 and other offenses punishable under Sections 5, 6,
and 7 of this Act shall be made in accordance with the AMLA, as amended, its Revised Implementing
Rules and Regulations and the Rules of Procedure promulgated by the Supreme Court.

Section 19. Extra-Territorial Application of this Act. Subject to the provision of an existing treaty,
including the International Convention for the Suppression of the Financing of Terrorism of which the
Philippines is a State Party, and to any contrary provision of any law of preferential application, the
criminal provisions of this Act shall apply: (a) 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; (b) 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; (c) 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; (d) 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 (e) to individual persons who, although
physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine
government.

The provisions of this Act shall likewise apply to a Filipino national who, although outside the territorial
jurisdiction of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished
in this Act.

In case of an alien whose extradition is requested pursuant to the International Convention for the
Suppression of the Financing of Terrorism, and that alien is not extradited to the requesting State, the
Republic of the Philippines, without exception whatsoever and whether or not the offense was committed
in the Philippines, shall submit the case without undue delay to the Department of Justice for the purpose
of prosecution in the same manner as if the act constituting the offense had been committed in the
Philippines, in which case, the courts of the Philippines shall have jurisdiction over the offense.

Section 20. Extradition. The Philippines may, at its option, subject to the principle of reciprocity, consider
the International Convention for the Suppression of the Financing of Terrorism as a legal basis for
requesting or granting extradition in respect of the offenses set forth under this Act.

Section 21. Applicability of the Revised Penal Code. The provisions of Book I of the Revised Penal
Code shall apply suppletorily to this Act.

Section 22. Implementing Rules and Regulations. - Within thirty (30) days from the effectivity of this Act,
the AMLC, in coordination with relevant government agencies, shall promulgate rules and regulations to
implement effectively the provisions of this Act.

The rules and regulations to be promulgated may include, but not limited to, designation, delisting,
notification of matters of interest of persons affected by the Act, exceptions for basic, necessary and
extraordinary expenses, matters of evidence, definition of probable cause, inter-agency coordination,
publication of relevant information, administrative offenses and penalties, procedures and forms, and
other mechanisms for implementation of the Act.

Section 23. Separability Clause. If, for any reason, any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in force and effect.

Section 24. Repealing Clause. All laws, decrees, executive orders, proclamations, rules and regulations,
and other issuances, or parts thereof, which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 25. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) newspapers of general circulation.
 REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND

DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners
are respected at all times; and that no person placed under investigation or held in custody of any
person in authority or, agent of a person authority shall be subjected to physical, psychological or
mental harm, force, violence, threat or intimidation or any act that impairs his/her free wi11 or in
any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition
of torture as provided for in the 1987 Philippine Constitution; various international instruments to
which the Philippines is a State party such as, but not limited to, the International Covenant on
Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT); and all other relevant international human rights instruments to which the Philippines is a
signatory.

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed
or is suspected of having committed; or intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a person in authority or agent of a person
 in authority. It does not include pain or Buffering arising only from, inherent in or incidental to
lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against a person under his/her custody, which
attains a level of severity causing suffering, gross humiliation or debasement to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a result
of any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or any
law enforcement agency of the government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as legitimate targets as combatants
that it could deal with, through the use of means allowed by domestic and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent
of a person in authority upon another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly
on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
 (6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory alertness or will of
a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a

person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other
wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

 (5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family;
and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal
acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any
other public emergency, or a document or any determination comprising an "order of battle" shall not and
can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or
punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other
law enforcement. agencies concerned shall make an updated list of all detention centers and facilities
under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated
or detained therein such as, among others, names, date of arrest and incarceration, and the crime or
offense committed. This list shall be made available to the public at all times, with a copy of the complete
list available at the respective national headquarters of the PNP and AFP. A copy of the complete list shall
likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically updated, by the same agencies, within the first five (5)
days of every month at the minimum. Every regional office of the PNP, AFP and other law enforcement
agencies shall also maintain a similar list far all detainees and detention facilities within their respective
areas, and shall make the same available to the public at all times at their respective regional
headquarters, and submit a copy updated in the same manner provided above, to the respective regional
offices of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is
used as evidence against a person or persons accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall
have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government
concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP,
the National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a complaint for torture is filed within
which an investigation report and/or resolution shall be completed and made available. An appeal
whenever available shall be resolved within the same period prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said complaint or the presentation of evidence
therefor. In which case, the State through its appropriate agencies shall afford security in order to
ensure his/her safety and all other persons involved in the investigation and prosecution such as,
but not limited to, his/her lawyer, witnesses and relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents
evidence in any fora in order to avoid further trauma.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial Order. - A writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment
or punishment shall be disposed of expeditiously and any order of release by virtue thereof, or other
appropriate order of a court relative thereto, shall be executed or complied with immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action
Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

Section 12. Right to Physical, Medical and Psychological Examination. - Before and after interrogation,
every person arrested, detained or under custodial investigation shall have the right to he informed of
his/her right to demand physical examination by an independent and competent doctor of his/her own
choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the
State with a competent and independent doctor to conduct physical examination. The State shall
endeavor to provide the victim with psychological evaluation if available under the circumstances. If the
person arrested is a female, she shall be attended to preferably by a female doctor. Furthermore, any
person arrested, detained or under custodial investigation, including his/her immediate family, shall have
the right to immediate access to proper and adequate medical treatment. The physical examination
and/or psychological evaluation of the victim shall be contained in a medical report, duly signed by the
attending physician, which shall include in detail his/her medical history and findings, and which shall he
attached to the custodial investigation report. Such report shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and
mental examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or
trauma;

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were
sustained;
 (f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision may knowingly and voluntarily
waive such rights in writing, executed in the presence and assistance of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated
in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by
previous or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an order
to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as
principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of
torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading
treatment or punishment shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or immediately after its commission, when he/she has
the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading
treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately
or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading treatment or punishment;
 (b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its discovery;
or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or
other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts
are done with the abuse of the official's public functions.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of
the following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim
shall have become insane, imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming
insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of torture
resulting in psychological, mental and emotional harm other than those described 1n paragraph
(b) of this section. '

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear or to
smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any
such member; Or shall have become permanently incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of
his/her body other than those aforecited, or shall have lost the use thereof, or shall have been ill
or incapacitated for labor for a period of more than ninety (90) days.
 (f) The penalty of prision correccional in its maximum period to prision mayor in its minimum
period shall be imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for more than thirty (30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days
or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed upon those who establish, operate and
maintain secret detention places and/or effect or cause to effect solitary confinement,
incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act
where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of
the AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to
maintain, submit or make available to the public an updated list of detention centers and facilities
with the corresponding data on the prisoners or detainees incarcerated or detained therein,
pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall
not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct
or commission thereof. In which case, torture shall be treated as a separate and independent criminal act
whose penalties shall be imposable without prejudice to any other criminal liability provided for by
domestic and international laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and
sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to
torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of
Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR,
shall take into account all relevant considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human
rights.

Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right
to claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the
right to claim for compensation from such other financial relief programs that may be made available to
him/her under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act,
the Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health
(DOH) and such other concerned government agencies, and human rights organizations shall formulate a
comprehensive rehabilitation program for victims of torture and their families. The DSWD, the DOJ and
thc DOH shall also call on human rights nongovernment organizations duly recognized by the government
to actively participate in the formulation of such program that shall provide for the physical, mental, social,
psychological healing and development of victims of torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for persons who have committed torture and other
cruel, inhuman and degrading punishment shall likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to
periodically oversee the implementation of this Act. The Committee shall be headed by a Commissioner
of the CRR, with the following as members: the Chairperson of the Senate Committee on Justice and
Human Rights, the respective Chairpersons of the House of Representatives' Committees on Justice and
Human Rights, and the Minority Leaders of both houses or their respective representatives in the minority.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National
Defense (DND), the Department of the Interior and Local Government (DILG) and such other concerned
parties in both the public and private sectors shall ensure that education and information regarding
prohibition against torture and other cruel, inhuman and degrading treatment or punishment shall be fully
included in the training of law enforcement personnel, civil or military, medical personnel, public officials
and other persons who may be involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment. The Department of Education (DepED) and
the Commission on Higher Education (CHED) shall also ensure the integration of human rights education
courses in all primary, secondary and tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar
as they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable
under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security)
of the Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman
and degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its
maximum period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated
to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to
all officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
other provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Republic Act No. 7438 April 27, 1992

 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF

Section 1. Statement of Policy. It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
 (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights of
by any international non-governmental organization duly accredited by the Office of the President.
The person's "immediate family" shall include his or her spouse, fianc or fiance, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed, without prejudice to
the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with
a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to pay the fees of assisting counsel before
the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.

Section 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent
and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall
suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and
a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over
any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.

Section 5. Repealing Clause. Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.

 REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED

VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER
PURPOSES.

Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such communication or spoken word by using a device commonly
known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however
otherwise described:

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next
preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such
record, or copies thereof, of any communication or spoken word secured either before or after the
effective date of this Act in the manner prohibited by this law; or to replay the same for any other person
or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish
transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such
record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned
in section 3 hereof, shall not be covered by this prohibition.

Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of
the acts declared to be unlawful in the preceding section or who violates the provisions of the following
section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction
thereof, be punished by imprisonment for not less than six months or more than six years and with the
accessory penalty of perpetual absolute disqualification from public office if the offender be a public
official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to
deportation proceedings.

Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the Court, to execute any of the acts declared to be
unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war
and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as
defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage
and other offenses against national security: Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of the applicant and the
witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of
the crimes enumerated hereinabove has been committed or is being committed or is about to be
committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition,
such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may
be, have actually been or are being committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining
such evidence.

The order granted or issued shall specify: (1) the identity of the person or persons whose
communications, conversations, discussions, or spoken words are to be overheard, intercepted, or
recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone
number involved and its location; (2) the identity of the peace officer authorized to overhear, intercept, or
record the communications, conversations, discussions, or spoken words; (3) the offense or offenses
committed or sought to be prevented; and (4) the period of the authorization. The authorization shall be
effective for the period specified in the order which shall not exceed sixty (60) days from the date of
issuance of the order, unless extended or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.

All recordings made under court authorization shall, within forty-eight hours after the expiration of the
period fixed in the order, be deposited with the court in a sealed envelope or sealed package, and shall be
accompanied by an affidavit of the peace officer granted such authority stating the number of recordings
made, the dates and times covered by each recording, the number of tapes, discs, or records included in
the deposit, and certifying that no duplicates or copies of the whole or any part thereof have been made,
or if made, that all such duplicates or copies are included in the envelope or package deposited with the
court. The envelope or package so deposited shall not be opened, or the recordings replayed, or used in
evidence, or their contents revealed, except upon order of the court, which shall not be granted except
upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or
communications have been recorded.

The court referred to in this section shall be understood to mean the Court of First Instance within whose
territorial jurisdiction the acts for which authority is applied for are to be executed.

Section 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any information therein contained obtained or secured by any
person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing or investigation.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly
amended.

Section 6. This Act shall take effect upon its approval.

Approved: June 19, 1965

 III. Crimes Against Public Order

Presidential Decree No. 1866 June 29, 1983

Amended by RA 9516 "Section 3 and 4"

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,

DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"

WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the
proliferation of illegally possessed and manufactured firearms, ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction
of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which penalized illegal possession and
manufacture of firearms, ammunition and explosives;

WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to
harmonize their provisions;

WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and
revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in
me vested by the Constitution, do hereby decree:

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition

or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty
of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm,
ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any
firearm or ammunition.
If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be
imposed.

If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of violating the provisions
of the preceding paragraphs.

The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm
outside his residence without legal authority therefor.

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any

machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person
whose business or employment does not lawfully deal with the manufacture of firearms or ammunition,
shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of
firearms or ammunition.

Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The

penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any
person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess
handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs",
"molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect
on contiguous objects or causing injury or death to any person.

Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the
use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death
of any person or persons shall be punished with the penalty of death.

If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of violating the provisions
of the preceding paragraphs.

Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any person whose business or employment does not
lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended
to be used in the unlawful/illegal manufacture of explosives.

Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon
any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of
prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the
composition of any lawfully manufactured explosives.

Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of

Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or military,
who shall issue authority to carry firearm and/or ammunition outside of residence, without authority
therefor.

Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules
and regulations for the effective implementation of this Decree.

Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9,
Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are
inconsistent with this Decree are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of its
publication in the Official Gazette.

Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-
three
 IV. Crimes Against Public Interest

Republic Act No. 9194 March 7, 2003

AN ACT AMENDING REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE

"ANTI-MONEY LAUNDERING ACT OF 2001"

SECTION 1. Section 3, paragraph (b) of Republic Act No. 9160 is hereby amended as follows:

"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument

involving a total amount in excess of Five hundred thousand pesos (PhP 500,000.00) within one
(1) banking day.

SECTION 2. Section 3 of the same Act is further amended by inserting between paragraphs (b) and (c) a
new paragraph designated as (b-1) to read as follows:

"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the
amounts involved, where any of the following circumstances exist:

1. there is no underlying legal or trade obligation, purpose or economic justification;

2. the client is not properly identified;

3. the amount involved is not commensurate with the business or financial capacity of the client;

4. taking into account all known circumstances, it may be perceived that the client's transaction is
structured in order to avoid being the subject of reporting requirements under the Act;

5. any circumstances relating to the transaction which is observed to deviate from the profile of
the client and/or the client's past transactions with the covered institution;

6. the transactions is in a way related to an unlawful activity or offense under this Act that is about
to be, is being or has been committed; or

7. any transactions that is similar or analogous to any of the foregoing."

SECTION 3. Section 3(i) of the same Act is further amended to read as follows:
"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or
having direct relation to following:

"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised
Penal Code, as amended;

"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known
as the Comprehensive Dangerous Act of 2002;

"(3) Section 3 paragraphs B, C, E, G, H and I of republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act;

"(4) Plunder under Republic Act No. 7080, as amended;

"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised
Penal Code, as amended;

"(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

"(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential under
the Revised Penal Code, as amended and Presidential Decree No. 532;

"(8) Qualified theft under Article 310 of the Revised penal Code, as amended;

"(9) Swindling under Article 315 of the Revised Penal Code, as amended;

"(10) Smuggling under Republic Act Nos. 455 and 1937;

"(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act
of 2000;

"(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder,
as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists
against non-combatant persons and similar targets;

"(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as
the Securities Regulation Code of 2000;

"(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries."
SECTION 4. Section 4 of the same Act is hereby amended to read as follows:

"SEC. 4. Money Laundering Offense. -- Money laundering is a crime whereby the proceeds of an
unlawful activity as herein defined are transacted, thereby making them appear to have originated
from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or relates
to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary
instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense
of money laundering referred to in paragraph (a) above.

(c) Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so."

SECTION 5. Section 7 of the same Act is hereby amended as follows:

"SEC.7. Creation of Anti-Money Laundering Council (AMLC). -- The Anti-Money Laundering

Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng
Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as member. The AMLC shall shall act unanimously in the
discharge of its functions as defined hereunder:

"(1) to require and receive covered or suspicious transaction reports from covered institutions;

"(2) to issue orders addressed to the appropriate Supervising Authority or the covered institutions
to determine the true identity of the owner of any monetary instrument or property subject of a
covered transaction or suspicious transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis for substantial evidence, to be, in whole or in part,
wherever located, representing, involving, or related to directly or indirectly, in any manner or by
any means, the proceeds of an unlawful activity.

"(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office
of th Solicitor General;

"(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the
prosecution of money laundering offenses;
 "(5) to investigate suspicious transactions and covered transactions deemed suspicious after an
investigation by AMLC, money laundering activities and other violations of this Act;

"(6) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or
property alleged to be the proceeds of any unlawful activity as defined in Section 3(i) hereof;

"(7) to implement such measures as may be necessary and justified under this Act to counteract
money laundering;

"(8) to receive and take action in respect of, any request from foreign states for assistance in their
own anti-money laundering operations provided in this Act;

"(9) to develop educational programs on the pernicious effects of money laundering, the methods
and techniques used in the money laundering, the viable means of preventing money laundering
and the effective ways of prosecuting and punishing offenders;

"(10) to enlist the assistance of any branch, department, bureau, office, agency, or instrumentality
of the government, including government-owned and -controlled corporations, in undertaking any
and all anti-money laundering operations, which may include the use of its personnel, facilities
and resources for the more resolute prevention, detection, and investigation of money laundering
offenses and prosecution of offenders; and

"(11) to impose administrative sanctions for the violation of laws, rules, regulations, and orders
and resolutions issued pursuant thereto."

SECTION 6. Section 9(c) of the same Act is hereby amended to read as follows:

"(c) Reporting of Covered and Suspicious Transactions. -- Covered institutions shall report to the
AMLC all covered transactions and suspicious transactions within five (5) working days from
occurrences thereof, unless the Supervising Authority prescribes a longer period not exceeding
ten (10) working days.

"Should a transaction be determined to be both a covered transaction and a suspicious

transaction, the covered institution shall be required to report the same as a suspicious
transaction.

"When reporting covered or suspicious transactions to the AMLC, covered institutions and their
officers and employees shall not be deemed to have violated Republic Act No. 1405, as
amended, Republic Act No. 6426, as amended, Republic Act No. 8791 and other similar laws, but
 are prohibited from communicating, directly or indirectly, in any manner or by an means, to any
person, the fact that a covered or suspicious transaction report was made, the contents thereof,
or any other information in relation thereto. In case of violation thereof, the concerned officer and
employee of the covered institution shall be criminally liable. However, no administrative, criminal
or civil proceedings, shall lie against any person for having made a covered or suspicious
transaction report in the regular performance of his duties in good faith, whether or not such
reporting results in any criminal prosecution under this Act of any other law.

"When reporting covered or suspicious transactions to the AMLC, covered instituting and their
officers and employees are prohibited from communicating directly or indirectly, in any manner or
by any means, to any person or entity, the media, the fact that a covered or suspicious
transaction report was made, the contents thereof, or any other information in relation thereto.
Neither may such reporting be published or aired in any manner or form by the mass media,
electronic mail, or other similar devices. In case of violation thereof, the concerned officer and
employee of the covered institution and media shall be held criminally liable.

SECTION 7. Section 10 of the same Act is hereby amended to read as follows:

"Sec 10. Freezing of Monetary Instrument or Property. -- The Court of Appeals, upon
application ex parte by the AMLC and after determination that probable cause exists that any
monetary instrument or property is in any way related to an unlawful activity as defined in Section
3(i) hereof, may issue a freeze order which shall be effective immediately. The freeze order shall
be for a period of twenty (20) days unless extended by the court.

SECTION 8. Section 11 of the same Act is hereby amended to read as follows:

"Sec. 11. Authority to Inquire into Bank Deposits. -- Notwithstanding the provisions of Republic
Act No. 1405, as amended, Republic Act No. 6426, as amended, Republic Act No. 8791, and
other laws, the AMLC may inquire into or examine any particular deposit or investment with any
banking institution or non-bank financial institution upon order of any competent court in cases of
violation of this Act, when it has been established that there is probable cause that the deposits or
investments are related to an unlawful activities as defined in Section 3(I) hereof or a money
laundering offense under Section 4 hereof, except that no court order shall be required in cases
involving unlawful activities defined in Sections 3(I)1, (2) and (12).

"To ensure compliance with this Act, the Bangko Sentral ng Pilipinas (BSP) may inquire into or
examine any deposit of investment with any banking institution or non-bank financial institution
when the examination is made in the course of a periodic or special examination, in accordance
with the rules of examination of the BSP.
SECTION 9. Section 14, paragraphs (c) and (d) of the same Act is hereby amended to read as follows:

"(c) Malicious Reporting. Any person who, with malice, or in bad faith, reports or files a completely
unwarranted or false information relative to money laundering transaction against any person
shall be subject to a penalty to six (6) months to four (4) years imprisonment and a fine of not less
than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred
thousand Philippine pesos (Php500,000.00), at the discretion of the court: Provided, That the
offender is not entitled to avail the benefits of the Probation Law.

"If the offender is a corporation, association, partnership or any juridical person, the penalty shall
be imposed upon the responsible officers, as the case may be, who participated in, or allowed by
their gross negligence, the commission of the crime. If the offender is a juridical person, the court
may suspend or revoke its license. If the offer is an alien, he shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving the penalties herein
prescribed. If the offender is a public official or employee, he shall, in addition to the penalties
prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case
may be.

"Any public official or employee who is called upon to testify and refuses to do the same or
purposely fails to testify shall suffer the same penalties prescribed herein.

"(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8)
years and a fine of not less than Five hundred thousand Philippine pesos (Php500,000.00) but
not more than One million Philippine pesos (Php1,000,000.00) shall be imposed on a person
convicted for a violation under Section 9(c). In the case of a breach of confidentiality that is
published or reported by media, the responsible reporter, writer, president, publisher, manager
and editor-in-chief shall be liable under this Act.

SECTION 10. Section 15 of Republic Act No. 9160 is hereby deleted.

SECTION 11. Section 23 of the same Act is hereby amended to read as follows:

"SEC. 23. Effectivity. -- This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.

SECTION 12. Transitory Provision. -- Existing freeze orders issued by the AMLC shall remain in force for
a period of thirty (30) days after the effectivity of this Act, unless extended by the Court of Appeals.
SECTION 13. Effectivity. -- This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.
 REPUBLIC ACT No. 1405

AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY

BANKING INSTITUTION AND PROVIDING PENALTY THEREFOR.

Section 1. It is hereby declared to be the policy of the Government to give encouragement to the people
to deposit their money in banking institutions and to discourage private hoarding so that the same may be
properly utilized by banks in authorized loans to assist in the economic development of the country.

Section 2. All deposits of whatever nature with banks or banking institutions in the Philippines including
investments in bonds issued by the Government of the Philippines, its political subdivisions and its
instrumentalities, are hereby considered as of an absolutely confidential nature and may not be
examined, inquired or looked into by any person, government official, bureau or office, except upon
written permission of the depositor, or in cases of impeachment, or upon order of a competent court in
cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or
invested is the subject matter of the litigation.

Section 3. It shall be unlawful for any official or employee of a banking institution to disclose to any person
other than those mentioned in Section two hereof any information concerning said deposits.

Section 4. All Acts or parts of Acts, Special Charters, Executive Orders, Rules and Regulations which are
inconsistent with the provisions of this Act are hereby repealed.

Section 5. Any violation of this law will subject offender upon conviction, to an imprisonment of not more
than five years or a fine of not more than twenty thousand pesos or both, in the discretion of the court.

Section 6. This Act shall take effect upon its approval.

Approved: September 9, 1955

 REPUBLIC ACT No. 6426

AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN THE

PHILIPPINES, AND FOR OTHER PURPOSES.

Section 1. Title. This act shall be known as the "Foreign Currency Deposit Act of the Philippines."

Section 2. Authority to deposit foreign currencies. Any person, natural or juridical, may, in accordance
with the provisions of this Act, deposit with such Philippine banks in good standing, as may, upon
application, be designated by the Central Bank for the purpose, foreign currencies which are acceptable
as part of the international reserve, except those which are required by the Central Bank to be
surrendered in accordance with the provisions of Republic Act Numbered two hundred sixty-five
(Now Rep. Act No. 7653).

Section 3. Authority of banks to accept foreign currency deposits. The banks designated by the Central
Bank under Section two hereof shall have the authority:

(1) To accept deposits and to accept foreign currencies in trust Provided, That numbered
accounts for recording and servicing of said deposits shall be allowed;

(2) To issue certificates to evidence such deposits;

(3) To discount said certificates;

(4) To accept said deposits as collateral for loans subject to such rules and regulations as may be
promulgated by the Central Bank from time to time; and

(5) To pay interest in foreign currency on such deposits.

Section 4. Foreign currency cover requirements. Except as the Monetary Board may otherwise
prescribe or allow, the depository banks shall maintain at all times a one hundred percent foreign currency
cover for their liabilities, of which cover at least fifteen percent shall be in the form of foreign currency
deposit with the Central Bank, and the balance in the form of foreign currency loans or securities, which
loans or securities shall be of short term maturities and readily marketable. Such foreign currency loans
may include loans to domestic enterprises which are export-oriented or registered with the Board of
Investments, subject to the limitations to be prescribed by the Monetary Board on such loans. Except as
the Monetary Board may otherwise prescribe or allow, the foreign currency cover shall be in the same
currency as that of the corresponding foreign currency deposit liability. The Central Bank may pay interest
on the foreign currency deposit, and if requested shall exchange the foreign currency notes and coins into
foreign currency instruments drawn on its depository banks. (As amended by PD No. 1453, June 11,
1978.)

Depository banks which, on account of networth, resources, past performance, or other pertinent criteria,
have been qualified by the Monetary Board to function under an expanded foreign currency deposit
system, shall be exempt from the requirements in the preceding paragraph of maintaining fifteen percent
(15%) of the cover in the form of foreign currency deposit with the Central Bank. Subject to prior Central
Bank approval when required by Central Bank regulations, said depository banks may extend foreign
currency loans to any domestic enterprise, without the limitations prescribed in the preceding paragraph
regarding maturity and marketability, and such loans shall be eligible for purposes of the 100% foreign
currency cover prescribed in the preceding paragraph. (As added by PD No. 1035.)

Section 5. Withdrawability and transferability of deposits. There shall be no restriction on the withdrawal
by the depositor of his deposit or on the transferability of the same abroad except those arising from the
contract between the depositor and the bank.

Section 6. Tax exemption. All foreign currency deposits made under this Act, as amended by PD No.
1035, as well as foreign currency deposits authorized under PD No. 1034, including interest and all other
income or earnings of such deposits, are hereby exempted from any and all taxes whatsoever
irrespective of whether or not these deposits are made by residents or nonresidents so long as the
deposits are eligible or allowed under aforementioned laws and, in the case of nonresidents, irrespective
of whether or not they are engaged in trade or business in the Philippines. (As amended by PD No.
1246, prom. Nov. 21, 1977.)

Section 7. Rules and regulations. The Monetary Board of the Central Bank shall promulgate such rules
and regulations as may be necessary to carry out the provisions of this Act which shall take effect after
the publications in the Official Gazette and in a newspaper of national circulation for at least once a week
for three consecutive weeks. In case the Central Bank promulgates new rules and regulations decreasing
the rights of depositors, rules and regulations at the time the deposit was made shall govern.

Section 8. Secrecy of foreign currency deposits. All foreign currency deposits authorized under this Act,
as amended by PD No. 1035, as well as foreign currency deposits authorized under PD No. 1034, are
hereby declared as and considered of an absolutely confidential nature and, except upon the written
permission of the depositor, in no instance shall foreign currency deposits be examined, inquired or
looked into by any person, government official, bureau or office whether judicial or administrative or
legislative, or any other entity whether public or private; Provided, however, That said foreign currency
deposits shall be exempt from attachment, garnishment, or any other order or process of any court,
legislative body, government agency or any administrative body whatsoever. (As amended by PD No.
1035, and further amended by PD No. 1246, prom. Nov. 21, 1977.)

Section 9. Deposit insurance coverage. The deposits under this Act shall be insured under the
provisions of Republic Act No. 3591, as amended (Philippine Deposit Insurance Corporation), as well as
its implementing rules and regulations: Provided, That insurance payment shall be in the same currency
in which the insured deposits are denominated.

Section 10. Penal provisions. Any willful violation of this Act or any regulation duly promulgated by the
Monetary Board pursuant hereto shall subject the offender upon conviction to an imprisonment of not less
than one year nor more than five years or a fine of not less than five thousand pesos nor more than
twenty-five thousand pesos, or both such fine and imprisonment at the discretion of the court.

Section 11. Separability clause. The provisions of this Act are hereby declared to be separable and in
the event one or more of such provisions are held unconstitutional, the validity of other provisions shall
not be affected thereby.

Section 12. Repealing clause. All acts, executive orders, rules and regulations, or parts thereof, which
are inconsistent with any provisions of this Act are hereby repealed, amended or modified accordingly,
without prejudice, however, to deposits made thereunder.

Section 12-A. Amendatory enactments and regulations. In the event a new enactment or regulation is
issued decreasing the rights hereunder granted, such new enactment or regulation shall not apply to
foreign currency deposits already made or existing at the time of issuance of such new enactment or
regulation, but such new enactment or regulation shall apply only to foreign currency deposits made after
its issuance. (As added by PD No. 1246, prom. Nov. 21, 1977.)

Section 13. Effectivity. This Act shall take effect upon its approval.

Approved, April 4, 1974

 REPUBLIC ACT NO. 9160 September 29, 2001

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING

PENALTIES THEREFOR 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 "Anti-Money Laundering Act of 2001."

Section 2. Declaration of Policy. It is hereby declared the policy of the State to protect and preserve the
integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a
money laundering site for the proceeds of any unlawful activity. Consistent with its foreign policy, the State
shall extend cooperation in transnational investigations and prosecutions of persons involved in money
laundering activities whenever committed.

Section 3. Definitions. For purposes of this Act, the following terms are hereby defined as follows:

(a) "Covered Institution" refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);

(2) Insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant, (ii)
mutual funds, close and investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money
changers, money payment, remittance, and transfer companies and other similar entities,
and (iv) other entities administering or otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable objects, cash substitutes and other similar
monetary instruments or property supervised or regulated by Securities and Exchange
Commission.

(b) "Covered transaction" is a single, series, or combination of transactions involving a total

amount in excess of Four million Philippine pesos (Php4,000,000.00) or an equivalent amount in
foreign currency based on the prevailing exchange rate within five (5) consecutive banking days
except those between a covered institution and a person who, at the time of the transaction was a
properly identified client and the amount is commensurate with the business or financial capacity
of the client; or those with an underlying legal or trade obligation, purpose, origin or economic
justification.

It likewise refers to a single, series or combination or pattern of unusually large and complex
transactions in excess of Four million Philippine pesos (Php4,000,000.00) especially cash
deposits and investments having no credible purpose or origin, underlying trade obligation or
contract.

(c) "Monetary Instrument" refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates,

trust certificates, custodial receipts or deposit substitute instruments, trading orders,
transaction tickets and confirmations of sale or investments and money marked
instruments; and

(4) other similar instruments where title thereto passes to another by endorsement,
assignment or delivery.

(d) "Offender" refers to any person who commits a money laundering offense.

(e) "Person" refers to any natural or juridical person.

(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.

(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency, department
or office supervising or regulating the covered institutions enumerated in Section 3(a).

(h) "Transaction" refers to any act establishing any right or obligation or giving rise to any
contractual or legal relationship between the parties thereto. It also includes any movement of
funds by any means with a covered institution.

(l) "Unlawful activity" refers to any act or omission or series or combination thereof involving or
having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended;

(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended,
otherwise known as the Dangerous Drugs Act of 1972;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended;

otherwise known as the Anti-Graft and Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No.
1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential
Decree No. 532;

(8) Qualified theft under, Article 310 of the Revised Penal Code, as amended;

(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries.
Section 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an
unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.
It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or relates
to the proceeds of any unlawful activity, transacts or attempts to transact said monetary
instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense
of money laundering referred to in paragraph (a) above.

(c) Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.

Section 5. Jurisdiction of Money Laundering Cases. The regional trial courts shall have jurisdiction to try
all cases on money laundering. Those committed by public officers and private persons who are in
conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan.

Section 6. Prosecution of Money Laundering.

(a) Any person may be charged with and convicted of both the offense of money laundering and
the unlawful activity as herein defined.

(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing and other
remedies provided.

Section 7. Creation of Anti-Money Laundering Council (AMLC). The Anti-Money Laundering Council is
hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman,
the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange
Commission as members. The AMLC shall act unanimously in the discharge of its functions as defined
hereunder:

(1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to
determine the true identity of the owner of any monetary instrument or property subject of a
covered transaction report or request for assistance from a foreign State, or believed by the
 Council, on the basis of substantial evidence to be in whole or in part, whenever located,
representing, involving, or related to, directly or indirectly, in any manner or by any means, the
proceeds of an unlawful activity;

(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of
the Solicitor General;

(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the
prosecution of money laundering offenses;

(5) to initiate investigations of covered transactions, money laundering activities and other
violations of this Act;

(6) to freeze any monetary instrument or property alleged to be proceed of any unlawful activity;

(7) to implement such measures as may be necessary and justified under this Act to counteract
money laundering;

(8) to receive and take action in respect of, any request from foreign states for assistance in their
own anti-money laundering operations provided in this Act;

(9) to develop educational programs on the pernicious effects of money laundering, the methods
and techniques used in money laundering, the viable means of preventing money laundering and
the effective ways of prosecuting and punishing offenders; and

(10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality
of the government, including government-owned and controlled corporations, in undertaking any
and all anti-money laundering operations, which may include the use of its personnel, facilities
and resources for the more resolute prevention, detection and investigation of money laundering
offenses and prosecution of offenders.

Section 8. Creation of a Secretariat. The AMLC is hereby authorized to establish a secretariat to be

headed by an Executive Director who shall be appointed by the Council for a term of five (5) years. He
must be a member of the Philippine Bar, at least thirty-five (35) years of age and of good moral character,
unquestionable integrity and known probity. All members of the Secretariat must have served for at least
five (5) years either in the Insurance Commission, the Securities and Exchange Commission or the
Bangko Sentral ng Pilipinas (BSP) and shall hold full-time permanent positions within the BSP.
Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record
Keeping.

(a) Customer Identification, - Covered institutions shall establish and record the true identity of its
clients based on official documents. They shall maintain a system of verifying the true identity of
their clients and, in case of corporate clients, require a system of verifying their legal existence
and organizational structure, as well as the authority and identification of all persons purporting to
act on their behalf.

The provisions of existing laws to the contrary notwithstanding, anonymous accounts, accounts
under fictitious names, and all other similar accounts shall be absolutely prohibited. Peso and
foreign currency non-checking numbered accounts shall be allowed. The BSP may conduct
annual testing solely limited to the determination of the existence and true identity of the owners
of such accounts.

(b) Record Keeping All records of all transactions of covered institutions shall be maintained
and safely stored for five (5) years from the date of transactions. With respect to closed accounts,
the records on customer identification, account files and business correspondence, shall be
preserved and safety stored for at least five (5) years from the dates when they were closed.

(c) Reporting of Covered Transactions. Covered institutions shall report to the AMLC all covered
transactions within five (5) working days from occurrence thereof, unless the Supervising
Authority concerned prescribes a longer period not exceeding ten (10) working days.

When reporting covered transactions to the AMLC, covered institutions and their officers, employees,
representatives, agents, advisors, consultants or associates shall not be deemed to have violated
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791 and
other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by any
means, to any person the fact that a covered transaction report was made, the contents thereof, or any
other information in relation thereto. In case of violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the covered institution, shall be criminally liable.
However, no administrative, criminal or civil proceedings, shall lie against any person for having made a
covered transaction report in the regular performance of his duties and in good faith, whether or not such
reporting results in any criminal prosecution under this Act or any other Philippine law.

When reporting covered transactions to the AMLC, covered institutions and their officers, employees,
representatives, agents, advisors, consultants or associates are prohibited from communicating, directly
or indirectly, in any manner or by any means, to any person, entity, the media, the fact that a covered
transaction report was made, the contents thereof, or any other information in relation thereto. Neither
may such reporting be published or aired in any manner or form by the mass media, electronic mail, or
other similar devices. In case of violation thereof, the concerned officer, employee, representative, agent,
advisor, consultant or associate of the covered institution, or media shall be held criminally liable.

Section 10. Authority to Freeze. Upon determination that probable cause exists that any deposit or
similar account is in any way related to an unlawful activity, the AMLC may issue a freeze order, which
shall be effective immediately, on the account for a period not exceeding fifteen (15) days. Notice to the
depositor that his account has been frozen shall be issued simultaneously with the issuance of the freeze
order. The depositor shall have seventy-two (72) hours upon receipt of the notice to explain why the
freeze order should be lifted. The AMLC has seventy-two (72) hours to dispose of the depositor's
explanation. If it falls to act within seventy-two (72) hours from receipt of the depositor's explanation, the
freeze order shall automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be
extended upon order of the court, provided that the fifteen (15)-day period shall be tolled pending the
court's decision to extend the period.

No court shall issue a temporary restraining order or writ of injunction against any freeze order issued by
the AMLC except the Court of Appeals or the Supreme Court.

Section 11. Authority to inquire into Bank Deposits. Notwithstanding the provisions of Republic Act No.
1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, and other laws, the
AMLC may inquire into or examine any particular deposit or investment with any banking institution or
non-bank financial institution upon order of any competent court in cases of violation of this Act when it
has been established that there is probable cause that the deposits or investments involved are in any
way related to a money laundering offense: Provided, That this provision shall not apply to deposits and
investments made prior to the effectivity of this Act.

Section 12. Forfeiture Provisions.

(a) Civil Forfeiture. When there is a covered transaction report made, and the court has, in a
petition filed for the purpose ordered seizure of any monetary instrument or property, in whole or
in part, directly or indirectly, related to said report, the Revised Rules of Court on civil forfeiture
shall apply.

(b) Claim on Forfeited Assets. Where the court has issued an order of forfeiture of the monetary
instrument or property in a criminal prosecution for any money laundering offense defined under
Section 4 of this Act, the offender or any other person claiming an interest therein may apply, by
verified petition, for a declaration that the same legitimately belongs to him and for segregation or
exclusion of the monetary instrument or property corresponding thereto. The verified petition shall
be filed with the court which rendered the judgment of conviction and order of forfeiture, within
 fifteen (15) days from the date of the order or forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and criminal forfeiture.

(c) Payment in Lieu of Forfeiture. Where the court has issued an order of forfeiture of the
monetary instrument or property subject of a money laundering offense defined under Section 4,
and said order cannot be enforced because any particular monetary instrument or property
cannot, with due diligence, be located, or it has been substantially altered, destroyed, diminished
in value or otherwise rendered worthless by any act or omission, directly or indirectly, attributable
to the offender, or it has been concealed, removed, converted or otherwise transferred to prevent
the same from being found or to avoid forfeiture thereof, or it is located outside the Philippines or
has been placed or brought outside the jurisdiction of the court, or it has been commingled with
other monetary instruments or property belonging to either the offender himself or a third person
or entity, thereby rendering the same difficult to identify or be segregated for purposes of
forfeiture, the court may, instead of enforcing the order of forfeiture of the monetary instrument or
property or part thereof or interest therein, accordingly order the convicted offender to pay an
amount equal to the value of said monetary instrument or property. This provision shall apply in
both civil and criminal forfeiture.

Section 13. Mutual Assistance among States.

(a) Request for Assistance from a Foreign State. Where a foreign State makes a request for
assistance in the investigation or prosecution of a money laundering offense, the AMLC may
execute the request or refuse to execute the same and inform the foreign State of any valid
reason for not executing the request or for delaying the execution thereof. The principles of
mutuality and reciprocity shall, for this purpose, be at all times recognized.

(b) Power of the AMLC to Act on a Request for Assistance from a Foreign State . The AMLC
may execute a request for assistance from a foreign State by: (1) tracking down, freezing,
restraining and seizing assets alleged to be proceeds of any unlawful activity under the
procedures laid down in this Act; (2) giving information needed by the foreign State within the
procedures laid down in this Act; and (3) applying for an order of forfeiture of any monetary
instrument or property in the court: Provided, That the court shall not issue such an order unless
the application is accompanied by an authenticated copy of the order of a court in the requesting
State ordering the forfeiture of said monetary instrument or properly of a person who has been
convicted of a money laundering offense in the requesting State, and a certification of an affidavit
of a competent officer of the requesting State stating that the conviction and the order of forfeiture
are final and then no further appeal lies in respect or either.
(c) Obtaining Assistance from Foreign States. The AMLC may make a request to any foreign
State for assistance in (1) tracking down, freezing, restraining and seizing assets alleged to be
proceeds of any unlawful activity; (2) obtaining information that it needs relating to any covered
transaction, money laundering offense or any other matter directly or indirectly, related thereto; (3)
to the extent allowed by the law of the Foreign State, applying with the proper court therein for an
order to enter any premises belonging to or in the possession or control of, any or all of the
persons named in said request, and/or search any or all such persons named therein and/or
remove any document, material or object named in said request: Provided, That the documents
accompanying the request in support of the application have been duly authenticated in
accordance with the applicable law or regulation of the foreign State; and (4) applying for an order
of forfeiture of any monetary instrument or property in the proper court in the foreign
State: Provided, That the request is accompanied by an authenticated copy of the order of the
regional trial court ordering the forfeiture of said monetary instrument or property of a convicted
offender and an affidavit of the clerk of court stating that the conviction and the order of forfeiture
are final and that no further appeal lies in respect of either.

(d) Limitations on Request for Mutual Assistance. The AMLC may refuse to comply with any
request for assistance where the action sought by the request contravenes any provision of the
Constitution or the execution of a request is likely to prejudice the national interest of the
Philippines unless there is a treaty between the Philippines and the requesting State relating to
the provision of assistance in relation to money laundering offenses.

(e) Requirements for Requests for Mutual Assistance from Foreign State. A request for mutual
assistance from a foreign State must (1) confirm that an investigation or prosecution is being
conducted in respect of a money launderer named therein or that he has been convicted of any
money laundering offense; (2) state the grounds on which any person is being investigated or
prosecuted for money laundering or the details of his conviction; (3) gives sufficient particulars as
to the identity of said person; (4) give particulars sufficient to identity any covered institution
believed to have any information, document, material or object which may be of assistance to the
investigation or prosecution; (5) ask from the covered institution concerned any information,
document, material or object which may be of assistance to the investigation or prosecution; (6)
specify the manner in which and to whom said information, document, material or object detained
pursuant to said request, is to be produced; (7) give all the particulars necessary for the issuance
by the court in the requested State of the writs, orders or processes needed by the requesting
State; and (8) contain such other information as may assist in the execution of the request.

(f) Authentication of Documents. For purposes of this Section, a document is authenticated if

the same is signed or certified by a judge, magistrate or equivalent officer in or of, the requesting
 State, and authenticated by the oath or affirmation of a witness or sealed with an official or public
seal of a minister, secretary of State, or officer in or of, the government of the requesting State, or
of the person administering the government or a department of the requesting territory,
protectorate or colony. The certificate of authentication may also be made by a secretary of the
embassy or legation, consul general, consul, vice consul, consular agent or any officer in the
foreign service of the Philippines stationed in the foreign State in which the record is kept, and
authenticated by the seal of his office.

(g) Extradition. The Philippines shall negotiate for the inclusion of money laundering offenses as
herein defined among extraditable offenses in all future treaties.

Section 14. Penal Provisions.

(a) Penalties for the Crime of Money Laundering. The penalty of imprisonment ranging from
seven (7) to fourteen (14) years and a fine of not less than Three million Philippine pesos (Php
3,000,000.00) but not more than twice the value of the monetary instrument or property involved
in the offense, shall be imposed upon a person convicted under Section 4(a) of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One
million five hundred thousand Philippine pesos (Php 1,500,000.00) but not more than Three
million Philippine pesos (Php 3,000,000.00), shall be imposed upon a person convicted under
Section 4(b) of this Act.

The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One
hundred thousand Philippine pesos (Php 100,000.00) but not more than Five hundred thousand
Philippine pesos (Php 500,000.00), or both, shall be imposed on a person convicted under
Section 4(c) of this Act.

(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6) months to one
(1) year or a fine of not less than One hundred thousand Philippine pesos (Php 100,000.00) but
not more than Five hundred thousand Philippine pesos (Php 500,000.00), or both, shall be
imposed on a person convicted under Section 9(b) of this Act.

(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a completely
unwarranted or false information relative to money laundering transaction against any person
shall be subject to a penalty of six (6) months to four (4) years imprisonment and a fine of not less
than One hundred thousand Philippine pesos (Php 100,000.00) but not more than Five hundred
thousand Philippine pesos (Php 500,000.00), at the discretion of the court: Provided, That the
offender is not entitled to avail the benefits of the Probation Law.
 If the offender is a corporation, association, partnership or any juridical person, the penalty shall
be imposed upon the responsible officers, as the case may be, who participated in the
commission of the crime or who shall have knowingly permitted or failed to prevent its
commission. If the offender is a juridical person, the court may suspend or revoke its license. If
the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported
without further proceedings after serving the penalties herein prescribed. If the offender is a
public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual
or temporary absolute disqualification from office, as the case may be;

Any public official or employee who is called upon to testify and refuses to do the same or
purposely fails to testify shall suffer the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8)
years and a fine of not less than Five hundred thousand Philippine pesos (Php 500,000.00) but
not more than One million Philippine pesos (Php 1,000,000.00), shall be imposed on a person
convicted for a violation under Section 9(c).

Section 15. System of Incentives and Rewards. A system of special incentives and rewards is hereby
established to be given to the appropriate government agency and its personnel that led and initiated an
investigation, prosecution and conviction of persons involved in the offense penalized in Section 4 of this
Act.

Section 16. Prohibitions Against Political Harassment. This Act shall not be used for political prosecution
or harassment or as an instrument to hamper competition in trade and commerce.

No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to
the prejudice of a candidate for an electoral office during an election period.

Section 17. Restitution. Restitution for any aggrieved party shall be governed by the provisions of the
New Civil Code.

Section 18. Implementing Rules and Regulations. Within thirty (30) days from the effectivity of this Act,
the Bangko Sentral ng Pilipinas, the Insurance Commission and the Securities and Exchange
Commission shall promulgate the rules and regulations to implement effectivity the provisions of this Act.
Said rules and regulations shall be submitted to the Congressional Oversight Committee for approval.

Covered institutions shall formulate their respective money laundering prevention programs in accordance
with this Act including, but not limited to, information dissemination on money laundering activities and its
prevention, detection and reporting, and the training of responsible officers and personnel of covered
institutions.

Section 19. Congressional Oversight Committee. There is hereby created a Congressional Oversight
Committee composed of seven (7) members from the Senate and seven (7) members from the House of
Representatives. The members from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two (2) Senators representing
the minority. The members from the House of Representatives shall be appointed by the Speaker also
based on proportional representation of the parties or coalitions therein with at least two (2) members
representing the minority.

The Oversight Committee shall have the power to promulgate its own rules, to oversee the
implementation of this Act, and to review or revise the implementing rules issued by the Anti-Money
Laundering Council within thirty (30) days from the promulgation of the said rules.

Section 20. Appropriations Clause. The AMLC shall be provided with an initial appropriation of Twenty-
five million Philippine pesos (Php 25,000,000.00) to be drawn from the national government.
Appropriations for the succeeding years shall be included in the General Appropriations Act.

Section 21. Separability Clause. If any provision or section of this Act or the application thereof to any
person or circumstance is held to be invalid, the other provisions or sections of this Act, and the
application of such provision or section to other persons or circumstances, shall not be affected thereby.

Section 22. Repealing Clause. All laws, decrees, executive orders, rules and regulations or parts
thereof, including the relevant provisions of Republic Act No. 1405, as amended; Republic Act No. 6426,
as amended; Republic Act No. 8791, as amended and other similar laws, as are inconsistent with this Act,
are hereby repealed, amended or modified accordingly.

Section 23. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

The provisions of this Act shall not apply to deposits and investments made prior to its effectivity.

Approved,