The Anti-Terrorism Act of 2020

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AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"

SECTION 1. Short Title. — This Act shall henceforth be known as "The Anti-Terrorism Act of 2020."

SECTION 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and property from 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 peacebuilding, 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.

SECTION 3. Definition of Terms. — As used in this Act:

(a) Critical Infrastructure shall refer to an asset or system, whether physical or virtual, so essential to the maintenance of vital societal functions or to the delivery of essential public services that the incapacity or destruction of such systems and assets would have a debilitating impact on national

defense and security, national economy, public health or safety, the

administration of justice, and other functions analogous thereto. It may

include, but is not limited to, an asset or system affecting

telecommunications, water and energy supply, emergency services, food

security, fuel supply, banking and finance, transportation, radio and

television, information systems and technology, chemical and nuclear sectors.

(b) Designated Person shall refer to:

Any individual, group of persons, organizations, or associations designated and/or identified by the United Nations Security Council, or another jurisdiction, or supranational jurisdiction as a terrorist, one who finances terrorism, or a terrorist organization or group; or Any person, organization, association, or group of persons designated under paragraph 3 of Section 25 of this Act.

For purposes of this Act, the above definition shall be in addition to the

definition of designated persons under Section 3 (e) of Republic Act No.

10168, otherwise known as the "Terrorism Financing Prevention and

Suppression Act of 2012."

(c) Extraordinary Rendition shall refer to the transfer of a person, suspected

of being a terrorist or supporter of a terrorist organization, association, or

group of persons to a foreign nation for imprisonment and interrogation on

behalf of the transferring nation. The extraordinary rendition may be done

without framing any formal charges, trial, or approval of the court;

(d) International Organization shall refer to an organization established by a

treaty or other instrument governed by international law and possessing its

own international legal personality;

(e) Material Support shall refer to any property, tangible or intangible, or

service, including currency or monetary instruments or financial securities,

financial services, lodging, training, expert advice or assistance,

safehouses, false documentation or identification, communications

equipment, facilities, weapons, lethal substances, explosives, personnel

(one or more individuals who may be or include oneself), and transportation;

(f) Proliferation of Weapons of Mass Destruction shall refer to the transfer

and export of chemical, biological, radiological, or nuclear weapons, their

means of delivery and related materials;

(g) Proposal to Commit Terrorism is committed when a person who has

decided to commit any of the crimes defined and penalized under the

provisions of this Act proposes its execution to some other person or persons;

(h) Recruit shall refer to any act to encourage other people to join a terrorist

individual or organization, association or group of persons proscribed

under Section 26 of this Act, or designated by the United Nations Security

Council as a terrorist organization, or organized for the purpose of engaging in terrorism;

(i) Surveillance Activities shall refer to the act of tracking down, following, or

investigating individuals or organizations; or the tapping, listening,

intercepting, and recording of messages, conversations, discussions,

spoken or written words, including computer and network surveillance, and

other communications of individuals engaged in terrorism as defined hereunder;

(j) Supranational Jurisdiction shall refer to an international organization or

union in which the power and influence of member states transcend

national boundaries or interests to share in decision-making and vote on

issues concerning the collective body, i.e., the European Union;

(k) Training shall refer to the giving of instruction or teaching designed to

impart a specific skill in relation to terrorism as defined hereunder, as opposed to general knowledge;

(l) Terrorist Individual shall refer to any natural person who commits any of

the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act;

(m) Terrorist Organization, Association or Group of Persons shall refer to any

entity organized for the purpose of engaging in terrorism, or those

proscribed under Section 26 hereof or the United Nations Security Councildesignated

terrorist organization; and

(n) Weapons of Mass Destruction (WMD) shall refer to chemical, biological,

radiological, or nuclear weapons which are capable of a high order of

destruction or causing mass casualties. It excludes the means of transporting or propelling the weapon where such means is a separable and divisible part from the weapon.

SECTION 4. Terrorism. — Subject to Section 49 of this Act, terrorism is committed by any person who, within or outside the Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily injury to any

person, or endangers a person's life;

(b) Engages in acts intended to cause extensive damage or destruction to a

government or public facility, public place or private property;

(c) Engages in acts intended to cause extensive interference with, damage or

destruction to critical infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or

uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions

when the purpose of such act, by its nature and context, is to intimidate the general

public or a segment thereof, create an atmosphere or spread a message of fear, to

provoke or influence by intimidation the government or any international organization, or

seriously destabilize or destroy the fundamental political, economic, or social structures

of the country, or create a public emergency or seriously undermine public safety, shall

be guilty of committing terrorism and shall suffer the penalty of life imprisonment without

the benefit of parole and the benefits of Republic Act No. 10592, otherwise known as

"An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended,

otherwise known as the Revised Penal Code": Provided, That, terrorism as defined in

this section shall not include advocacy, protest, dissent, stoppage of work, industrial or

mass action, and other similar exercises of civil and political rights, which are not

intended to cause death or serious physical harm to a person, to endanger a person's

life, or to create a serious risk to public safety.

SECTION 5. Threat to Commit Terrorism . — Any person who shall threaten

to commit any of the acts mentioned in Section 4 hereof shall suffer the penalty of

imprisonment of twelve (12) years.

SECTION 6. Planning, Training, Preparing, and Facilitating the Commission

of Terrorism. — It shall be unlawful for any person to participate in the planning,

training, preparation and facilitation in the commission of terrorism, possessing objects

connected with the preparation for the commission of terrorism, or collecting or making

documents connected with the preparation of terrorism. Any person found guilty of the

provisions of this Act shall suffer the penalty of life imprisonment without the benefit of

parole and the benefits of Republic Act No. 10592.

SECTION 7. Conspiracy to Commit Terrorism . — Any conspiracy to commit

terrorism as defined and penalized under Section 4 of this Act shall suffer the penalty of

life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592.

There is conspiracy when two (2) or more persons come to an agreement concerning the commission of terrorism as defined in Section 4 hereof and decide to commit the same.

SECTION 8. Proposal to Commit Terrorism . — Any person who proposes to commit terrorism as defined in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.

SECTION 9. Inciting to Commit Terrorism. — Any person who, without taking

any direct part in the commission of terrorism, shall incite others to the execution of any

of the acts specified in Section 4 hereof by means of speeches, proclamations, writings,

emblems, banners or other representations tending to the same end, shall suffer the

penalty of imprisonment of twelve (12) years.

SECTION 10. Recruitment to and Membership in a Terrorist Organization. —

Any person who shall recruit another to participate in, join, commit or support terrorism

or a terrorist individual or any terrorist organization, association or group of persons

proscribed under Section 26 of this Act, or designated by the United Nations Security

Council as a terrorist organization, or organized for the purpose of engaging in

terrorism, shall suffer the penalty of life imprisonment without the benefit of parole and

the benefits of Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes or facilitates

the travel of individuals to a state other than their state of residence or nationality for the

purpose of recruitment which may be committed through any of the following means:

(a) Recruiting another person to serve in any capacity in or with an armed

force in a foreign state, whether the armed force forms part of the armed

forces of the government of that foreign state or otherwise;

(b) Publishing an advertisement or propaganda for the purpose of recruiting

persons to serve in any capacity in or with such an armed force;

(c) Publishing an advertisement or propaganda containing any information

relating to the place at which or the manner in which persons may make

applications to serve or obtain information relating to service in any

capacity in or with such armed force or relating to the manner in which

persons may travel to a foreign state for the purpose of serving in any

capacity in or with such armed force; or

(d) Performing any other act with the intention of facilitating or promoting the

recruitment of persons to serve in any capacity in or with such armed

force.

Any person who shall voluntarily and knowingly join any organization, association

or group of persons knowing that such organization, association or group of persons is

proscribed under Section 26 of this Act, or designated by the United Nations Security

Council as a terrorist organization, or organized for the purpose of engaging in

terrorism, shall suffer the penalty of imprisonment of twelve (12) years.

SECTION 11. Foreign Terrorist. — The following acts are unlawful and shall

suffer the penalty of life imprisonment without the benefit of parole and the benefits of

Republic Act No. 10592:

(a) For any person to travel or attempt to travel to a state other than his/her

state of residence or nationality, for the purpose of perpetrating, planning,

or preparing for, or participating in terrorism, or providing or receiving terrorist training;

(b) For any person to organize or facilitate the travel of individuals who travel

to a state other than their states of residence or nationality knowing that

such travel is for the purpose of perpetrating, planning, training, or

preparing for, or participating in terrorism or providing or receiving terrorist training; or

(c) For any person residing abroad who comes to the Philippines to

participate in perpetrating, planning, training, or preparing for, or

participating in terrorism or provide support for or facilitate or receive

terrorist training here or abroad.

SECTION 12. Providing Material Support to Terrorists. — Any person who

provides material support to any terrorist individual or terrorist organization, association

or group of persons committing any of the acts punishable under Section 4 hereof,

knowing that such individual or organization, association, or group of persons is

committing or planning to commit such acts, shall be liable as principal to any and all

terrorist activities committed by said individuals or organizations, in addition to other

criminal liabilities he/she or they may have incurred in relation thereto.

SECTION 13. Humanitarian Exemption. — Humanitarian activities

undertaken by the International Committee of the Red Cross (ICRC), the Philippine Red

Cross (PRC), and other state-recognized impartial humanitarian partners or

organizations in conformity with the International Humanitarian Law (IHL), do not fall

within the scope of Section 12 of this Act.

SECTION 14. Accessory. — Any person who, having knowledge of the

commission of any of the crimes defined and penalized under Section 4 of this Act,

without having participated therein, takes part subsequent to its commission in any of

the following manner: (a) by profiting himself/herself 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; or (c) by harboring,

concealing, or assisting in the escape of the principal or conspirator of the crime, shall

be liable as an accessory and shall suffer the penalty of imprisonment of twelve (12) years.

No person, regardless of relationship or affinity, shall be exempt from liability under this section.

SECTION 15. Penalty for Public Official . — If the offender found guilty of any

of the acts defined and penalized under any of the provisions of this Act is a public

official or employee, he/she shall be charged with the administrative offense of grave

misconduct and/or disloyalty to the Republic of the Philippines and the Filipino people,

and be meted with the penalty of dismissal from the service, with the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits and

perpetual absolute disqualification from running for any elective office or holding any public office.

SECTION 16. Surveillance of Suspects and Interception and Recording of

Communications. — The provisions of Republic Act No. 4200, otherwise known as the

"Anti-Wire Tapping Law" to the contrary notwithstanding, a law enforcement agent or

military personnel may, upon a written order of the Court of Appeals secretly wiretap,

overhear and listen to, intercept, screen, read, surveil, record or collect, with the use of

any mode, form, kind or type of electronic, mechanical or other equipment or device or

technology now known or may hereafter be known to science or with the use of any

other suitable ways and means for the above purposes, any private communications,

conversation, discussion/s, data, information, messages in whatever form, kind or

nature, spoken or written words (a) between members of a judicially declared and

outlawed terrorist organization, as provided in Section 26 of this Act; (b) between

members of a designated person as defined in Section 3 (e) of Republic Act No. 10168;

or (c) any person charged with or suspected of committing any of the crimes defined

and penalized under the provisions of this Act: 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.

The law enforcement agent or military personnel shall likewise be obligated to (1)

file an ex-parte application with the Court of Appeals for the issuance of an order, to

compel telecommunications service providers (TSP) and internet service providers

(ISP) to produce all customer information and identification records as well as call and

text data records, content and other cellular or internet metadata of any person

suspected of any of the crimes defined and penalized under the provisions of this Act;

and (2) furnish the National Telecommunications Commission (NTC) a copy of said

application. The NTC shall likewise be notified upon the issuance of the order for the

purpose of ensuring immediate compliance.

SECTION 17. Judicial Authorization, Requisites. — The authorizing division of the Court of Appeals shall issue a written order to conduct the acts mentioned in Section 16 of this Act upon:

(a) Filing of an ex parte written application by a law enforcement agent or

military personnel, who has been duly authorized in writing by the Anti-

Terrorism Council (ATC); and

(b) After examination under oath or affirmation of the applicant and the

witnesses he/she may produce, the issuing court determines:

(1) that there is probable cause to believe based on personal

knowledge of facts or circumstances that the crimes defined and

penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act

has been committed, or is being committed, or is about to be committed; and

(2) 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.

SECTION 18. 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 the

application for such order, shall be deemed and are hereby declared as classified

information. Being classified information, access to the said documents and any

information contained in the said documents shall be limited to the applicants, duly

authorized personnel of the ATC, the hearing justices, the clerk of court and duly

authorized personnel of the hearing or issuing court. 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 person or persons 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 or persons suspected of committing

any of the crimes defined and penalized under the provisions of this Act are not fully

known, such person or persons shall be the subject of continuous surveillance; (b) the

identity of the law enforcement agent or military personnel, including the individual

identity of the members of his team, judicially authorized to undertake surveillance

activities; (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.

SECTION 19. Effective Period of Judicial Authorization . — Any authorization

granted by the Court of Appeals, pursuant to Section 17 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 sixty (60) days from the date of

receipt of the written order by the applicant law enforcement agent or military personnel.

The authorizing division of the Court of Appeals may extend or renew the said

authorization to a non-extendible period, which shall not exceed thirty (30) days from

the expiration of the original period: Provided, That the issuing court 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 ATC.

In case of death of the original applicant or in case he/she 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 shall file

the application for extension or renewal: Provided, finally, That, the applicant law

enforcement agent or military personnel 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.

For purposes of this provision, the issuing court shall require the applicant law

enforcement or military official to inform the court, after the lapse of the thirty (30)-day

period of the fact that an appropriate case for violation of this Act has been filed with the

Public Prosecutor's Office.

SECTION 20. Custody of Intercepted and Recorded Communications. — All

tapes, discs, other storage devices, recordings, notes, memoranda, summaries,

excerpts and all copies thereof obtained under the judicial authorization granted by the Court of Appeals shall, within forty-eight (48) hours after the expiration of the period

fixed in the written order or the extension or renewal granted thereafter, be deposited

with the issuing court in a sealed envelope or sealed package, as the case may be, and

shall be accompanied by a joint affidavit of the applicant law enforcement agent or

military personnel and the members of his/her team.

In case of death of the applicant or in case he/she 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, law enforcement agent or military personnel or

any custodian of the tapes, discs, other storage devices, recordings, notes,

memoranda, summaries, excerpts and all copies thereof 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 the penalty of imprisonment of ten (10) years.

SECTION 21. Contents of Joint Affidavit. — The joint affidavit of the law

enforcement agent or military personnel shall state: (a) the number of tapes, discs, and

recordings that have been made; (b) the dates and times covered by each of such

tapes, discs, and recordings; and (c) the chain of custody or the list of persons who had

possession or custody over the tapes, discs and recordings.

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, other storage devices, recordings, notes,

memoranda, summaries, or excerpts 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, law enforcement agent or military personnel to

omit or exclude from the joint affidavit any item or portion thereof mentioned in this section.

Any person, law enforcement agent or military officer who violates any of the acts

proscribed in the preceding paragraph shall suffer the penalty of imprisonment of ten (10) years.

SECTION 22. Disposition of Deposited Materials. — The sealed envelope or

sealed package and the contents thereof, referred to in Section 20 of this Act, shall be

deemed and are hereby declared classified information. The sealed envelope or sealed

package shall not be opened, disclosed, or used as evidence unless authorized by 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 (DOJ) duly

authorized in writing by the ATC to file the application with proper written notice to 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.

The written application, with notice to the party concerned, for the opening,

replaying, disclosing, or using as evidence of the sealed package or the contents

thereof, shall clearly state the purpose or reason for its opening, replaying, disclosing,

or its being used as evidence.

Violation of this section shall be penalized by imprisonment of ten (10) years.

SECTION 23. 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 be inadmissible and cannot be used as evidence against anybody in any judicial,

quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

SECTION 24. Unauthorized or Malicious Interceptions and/or Recordings . —

Any law enforcement agent or military personnel who conducts surveillance activities

without a valid judicial authorization pursuant to Section 17 of this Act shall be guilty of

this offense and shall suffer the penalty of imprisonment of ten (10) years. All

information that have been maliciously procured should be made available to the

aggrieved party.

SECTION 25. Designation of Terrorist Individual, Groups of Persons,

Organizations or Associations. — Pursuant to our obligations under United Nations

Security Council Resolution (UNSCR) No. 1373, the ATC shall automatically adopt the

United Nations Security Council Consolidated List of designated individuals, groups of

persons, organizations, or associations designated and/or identified as a terrorist, one

who finances terrorism, or a terrorist organization or group.

Request for designations by other jurisdictions or supranational jurisdictions may

be adopted by the ATC after determination that the proposed designee meets the

criteria for designation of UNSCR No. 1373.

The ATC may designate an individual, group of persons, organization, or

association, whether domestic or foreign, upon a finding of probable cause that the

individual, group of persons, organization, or association commit, or attempt to commit,

or conspire in the commission of the acts defined and penalized under Sections 4, 5, 6,

7, 8, 9, 10, 11 and 12 of this Act.

The assets of the designated individual, group of persons, organization or

association above-mentioned shall be subject to the authority of the Anti-Money

Laundering Council (AMLC) to freeze pursuant to Section 11 of Republic Act No.

10168.

The designation shall be without prejudice to the proscription of terrorist

organizations, associations, or groups of persons under Section 26 of this Act.

SECTION 26. Proscription of Terrorist Organizations, Associations, or Group

of Persons. — Any group of persons, organization, or association, which commits any

of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this

Act, or organized for the purpose of engaging in terrorism shall, upon application of the

DOJ before the authorizing division of the Court of Appeals with due notice and

opportunity to be heard given to the group of persons, organization or association, be

declared as a terrorist and outlawed group of persons, organization or association, by

the said Court.

The application shall be filed with an urgent prayer for the issuance of a

preliminary order of proscription. No application for proscription shall be filed without the

authority of the ATC upon the recommendation of the National Intelligence Coordinating

Agency (NICA).

SECTION 27. Preliminary Order of Proscription. — Where the Court has

determined that probable cause exists on the basis of the verified application which is

sufficient in form and substance, that the issuance of an order of proscription is

necessary to prevent the commission of terrorism, he/she shall, within seventy-two (72)

hours from the filing of the application, issue a preliminary order of proscription

declaring that the respondent is a terrorist and an outlawed organization or association

within the meaning of Section 26 of this Act.

The court shall immediately commence and conduct continuous hearings, which

should be completed within six (6) months from the time the application has been filed,

to determine whether:

(a) The preliminary order of proscription should be made permanent;

(b) A permanent order of proscription should be issued in case no preliminary

order was issued; or

(c) A preliminary order of proscription should be lifted. It shall be the burden

of the applicant to prove that the respondent is a terrorist and an outlawed

organization or association within the meaning of Section 26 of this Act

before the court issues an order of proscription whether preliminary or

permanent.

The permanent order of proscription herein granted shall be published in a

newspaper of general circulation. It shall be valid for a period of three (3) years after

which, a review of such order shall be made and if circumstances warrant, the same

shall be lifted.

SECTION 28. Request to Proscribe from Foreign Jurisdictions and

Supranational Jurisdictions. — Consistent with the national interest, all requests for

proscription made by another jurisdiction or supranational jurisdiction shall be referred

by the Department of Foreign Affairs (DFA) to the ATC to determine, with the

assistance of the NICA, if proscription under Section 26 of this Act is warranted. If the

request for proscription is granted, the ATC shall correspondingly commence

proscription proceedings through the DOJ.

SECTION 29. Detention without Judicial Warrant of Arrest . — The provisions

of Article 125 of the Revised Penal Code to the contrary notwithstanding, any law

enforcement agent or military personnel, who, having been duly authorized in writing by

the ATC has taken custody of a person suspected of committing any of the acts defined

and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without

incurring any criminal liability for delay in the delivery of detained persons to the proper

judicial authorities, deliver said suspected person to the proper judicial authority within a

period of fourteen (14) calendar days counted from the moment the said suspected

person has been apprehended or arrested, detained, and taken into custody by the law

enforcement agent or military personnel. The period of detention may be extended to a

maximum period of ten (10) calendar days if it is established that (1) further detention of

the person/s is necessary to preserve evidence related to terrorism or complete the

investigation; (2) further detention of the person/s is necessary to prevent the

commission of another terrorism; and (3) the investigation is being conducted properly

and without delay.

Immediately after taking custody of a person suspected of committing terrorism

or any member of a group of persons, organization or association proscribed under

Section 26 hereof, the law enforcement agent or military personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts:

(a) the time, date, and manner of arrest; (b) the location or locations of the detained

suspect/s and (c) the physical and mental condition of the detained suspect/s. The law

enforcement agent or military personnel shall likewise furnish the ATC and the

Commission on Human Rights (CHR) of the written notice given to the judge.

The head of the detaining facility shall ensure that the detained suspect is

informed of his/her rights as a detainee and shall ensure access to the detainee by

his/her counsel or agencies and entities authorized by law to exercise visitorial powers

over detention facilities.

The penalty of imprisonment of ten (10) years shall be imposed upon the police

or law enforcement agent or military personnel who fails to notify any judge as provided

in the preceding paragraph.

SECTION 30. Rights of a Person under Custodial Detention . — The moment

a person charged with or suspected of committing any of the acts defined and penalized

under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act is apprehended or arrested and

detained, he/she shall forthwith be informed, by the arresting law enforcement agent or

military personnel to whose custody the person concerned is brought, of his/her right:

(a) to be informed of the nature and cause of his/her arrest, to remain silent and to have

competent and independent counsel preferably of his/her choice. If the person cannot

afford the services of counsel of his/her choice, the law enforcement agent or military

personnel 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/her with legal assistance.

These rights cannot be waived except in writing and in the presence of his/her counsel

of choice; (b) informed of the cause or causes of his/her detention in the presence of his

legal counsel; (c) allowed to communicate freely with his/her 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/her family or with his/her nearest

relatives and to be visited by them; and, (e) allowed freely to avail of the service of a

physician or physicians of choice.

SECTION 31. Violation of the Rights of a Detainee. — The penalty of

imprisonment of ten (10) years shall be imposed upon any law enforcement agent or

military personnel who has violated the rights of persons under their custody, as

provided for in Sections 29 and 30 of this Act.

Unless the law enforcement agent or military personnel who violated the rights of

a detainee or detainees as stated above is duly identified, the same penalty shall be

imposed on the head of the law enforcement unit or military unit having custody of the

detainee at the time the violation was done.

SECTION 32. Official Custodial Logbook and Its Contents. — The law

enforcement custodial unit in whose care and control the person suspected of

committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11

and 12 of this Act 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 of the person under custody or any member of his/her family or relative by

consanguinity or affinity within the fourth civil degree or his/her physician at any time of

the day or night subject to reasonable restrictions by the custodial facility. 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/her initial admission for custodial

arrest and detention; (c) the name and address of the physician or physicians who

examined him/her physically and medically; (d) the state of his/her health and physical

condition at the time of his/her initial admission for custodial detention; (e) the date and

time of each removal of the detained person from his/her cell for interrogation or for any

purpose; (f) the date and time of his/her return to his/her cell; (g) the name and address

of the physician or physicians who physically and medically examined him/her 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/her 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 visit; (l)

the date and time of each request of the detained person to communicate and confer

with his/her legal counsel or counsels; (m) the date and time of each visit, and date and

time of each departure of his/her 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 law enforcement custodial unit shall, upon demand of the

aforementioned lawyer or members of the family or relatives within the fourth civil

degree of consanguinity or affinity of the person under custody or his/her physician,

issue a certified true copy of the entries of the logbook relative to the concerned

detained person subject to reasonable restrictions by the custodial facility. 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 law enforcement custodial unit who fails to comply with the preceding

paragraphs to keep an official logbook shall suffer the penalty of imprisonment of ten

(10) years.

SECTION 33. No Torture or Coercion in Investigation and Interrogation . —

The use of torture and other cruel, inhumane and degrading treatment or punishment,

as defined in Sections 4 and 5 of Republic Act No. 9745 otherwise known as the "Anti-

Torture Act of 2009," at any time during the investigation or interrogation of a detained

suspected terrorist is absolutely prohibited and shall be penalized under said law. Any

evidence obtained from said detained person resulting from such treatment shall be, in

its entirety, inadmissible and cannot be used as evidence in any judicial, quasi-judicial,

legislative, or administrative investigation, inquiry, proceeding, or hearing.

SECTION 34. Restriction on the Right to Travel . — Prior to the filing of an

information for any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, the

investigating prosecutor shall apply for the issuance of a precautionary hold departure

order (PHDO) against the respondent upon a preliminary determination of probable

cause in the proper Regional Trial Court.

Upon the filing of the information regarding the commission of any acts defined

and penalized under the provisions of this Act, the prosecutor shall apply with the court

having jurisdiction for the issuance of a hold departure order (HDO) against the

accused. The said application shall be accompanied by the complaint-affidavit and its

attachments, personal details, passport number, and a photograph of the accused, if

available.

In cases where evidence of guilt is not strong, and the person charged 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/she 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. The court shall immediately

furnish the DOJ and the Bureau of Immigration (BI) with the copy of said order. 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/her bail, which shall 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/her

usual place of residence.

While under house arrest, he/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.

If the evidence of guilt is strong, the court shall immediately issue an HDO and

direct the DFA to initiate the procedure for the cancellation of the passport of the

accused.

The restrictions above-mentioned shall be terminated upon the acquittal of the

accused or of the dismissal of the case filed against him/her or earlier upon the

discretion of the court on motion of the prosecutor or of the accused.

SECTION 35. Anti-Money Laundering Council Authority to Investigate,

Inquire into and Examine Bank Deposits. — Upon the issuance by the court of a

preliminary order of proscription or in case of designation under Section 25 of this Act,

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 as defined and penalized under Republic Act No. 10168, or

violation of Sections 4, 6, 7, 10, 11 or 12 of this Act; and (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 the aforementioned sections of this Act.

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.