1

COMPARISON TABLE

HREPS Sec.3. Terrorism. Terrorism is the premeditated threatened or actual use of violence or force or any other means that deliberately tend to cause or actually cause harm to persons, or of force and other destructive means against property or the environment, with the intention of creating or sowing a state of danger, panic, fear or chaos to the general public or segment thereof, or of coercing or intimidating the government to do or refrain from doing an act.

SENATE Sec. 3. Terrorism, How Committed. Terrorism is committed by any person or group of persons, whether natural or juridical, through premeditated, threatened, or actual use of violence, force, coercion, intimidation, or any other means of destruction perpetrated against person/s, property/ies, environment or the government, with the intention of creating or sowing a state of danger, panic, fear or chaos to the general public or a segment thereof by any of the following acts: 1. Causing or threatening to cause death or serious physical or mental harm to a person or group of persons; Depriving or threatening to deprive any person of his/her liberty; Assassinating or kidnapping the officials within the constitutional line of succession, or any internationally protected person in violation of the Convention on the Protection and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, and other international agreements; Causing or threatening to cause substantial damage or wanton destruction or resorting to arson on critical infrastructure or any property, public or private; Causing or threatening to cause substantial damage or wanton destruction or resorting to arson on critical infrastructure or any property, public or private; Causing or threatening to cause serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than a result of lawful advocacy, protest, dissent or stoppage of work; Attacking or threatening to attack the cyberspace, by destroying the actual machinery

RA 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 AntiHighway Robbery Law of 1974); and, 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and

2.

3.

4.

5.

6.

7.

2
of the information and communication infrastructure, disrupting the information technology underlying the internet, government or private computer networks or systems, or committing any unlawful act against information and communication systems; 8. Hijacking or threatening to hijack any kind of aircraft, electric or railroad train, passenger bus or other means of mass transportation, or public conveyance, or piracy of ship or sea vessel; 9. Willfully destroying the environment including the natural resources in land, water or air, such as forests or marine and mineral resources, or intentionally causing oil or toxic spillages, or other similar acts of destruction against the environment that threatens ecological security, or natural cultural property; 10. Manufacturing, processing, selling, acquiring, possessing, using, diverting, supplying or transporting chemical, biological, radiological or nuclear agents, or equipment and instruments used in their production, distribution, release or spread that would endanger directly or indirectly the safety of one or more individuals, or to cause mass destruction or great damage to property; or 11. Manufacturing, selling, acquiring supplying, disposing, using or possessing explosives, bombs, grenades, projectiles, devices, or other lethal weapons, or substances or machinery used or intended to be used for the manufacture of explosives in furtherance of, or incident to, or in connection with, an act of terrorism defined herein. Any person who commits any act of terrorism shall suffer the penalty of life imprisonment and a fine of ten million pesos (Php 10,000,000.00): Provided, that, 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.

3
if an act of terrorism should result in the death of a person, or if committed with the use of uniform, paraphernalia, communication equipment, or other implements peculiar to the armed forces or other law enforcement agencies, or if the offender is a government official or employee or has retired, resigned, dismissed or otherwise separated from the government service, the penalty of death shall be imposed. Sec. 7. Acts that Facilitate, Contribute to or Promote Terrorism. It shall be unlawful for any person or group of persons, whether natural or juridical, to knowingly, willfully and voluntarily facilitate, contribute to or promote terrorism through any of the following acts: (1) Establishing, maintaining or serving as contact or link with any person or group of persons or organization/s as proscribed pursuant to Section 8 of this Act who have pursued or are pursuing terrorism; (2) Arranging or assisting in the conduct of meeting of two or more persons, knowing that the meeting is to support or is in furtherance of terrorism; (3) Participating in training and providing training facilities to any person or group of persons, organizations to carry out terrorism; (4) Providing or offering to provide training, skill or expertise in furtherance of terrorism; (5) Recruiting in order to facilitate or commit terrorism; (6) Facilitating the entry or stay in the Philippines of aliens, knowing that the aliens have pursued or are pursuing terrorism; (7) Facilitating, providing, soliciting or encouraging financial or material support regardless of its source for the commission of terrorism; or (8) Harboring or concealing any person whom he knows or has reasonable ground to believe, Sec. 4. Acts that Facilitate, Contribute to or Promote Terrorism. It shall be unlawful for any person or group of persons, whether natural or juridical, to knowingly, willfully and voluntarily facilitate, contribute to or promote terrorism through any of the following acts: 1. Establishing, maintaining or serving as contact or link with any person or group of persons or organization/s who have pursued or are pursuing terrorism; Arranging or assisting in the conduct of meeting of two (2) or more persons, knowing that the meeting is to support or is in furtherance of terrorism; Participating in training and providing training facilities to any person or group of persons, organizations to carry out terrorism; Providing or offering to provide training, skill or expertise in furtherance of terrorism; Recruiting in order to facilitate or commit terrorism; Facilitating the entry or stay in the Philippines of aliens, knowing that the aliens have pursued or are pursuing terrorism; Facilitating, providing, maintaining, soliciting or encouraging financial or material support for the commission of terrorism; or Harboring or concealing any person whom he knows or has reasonable ground to believe, to be the person who carried out any act stated in this Section or

2.

3.

4.

5. 6.

7.

8.

4
to be the person who carried out any act stated in this Section or who committed or is likely to commit any act of terrorism. Any person who commits any of the acts stated in this Section shall suffer the penalty of life imprisonment and a fine of Two Million Five Hundred Thousand Pesos (P2,500,000.00): Provided, That if such act was committed with the use of firearms or ammunition, or uniform, paraphernalia, communication equipment, or other implements peculiar to the armed forces or other law enforcement agencies, or if the offender is a public officer or employee, the penalty of life imprisonment and a fine of Five Million Pesos (Php 5,000,000.00) shall be imposed. Sec. 6. Conspiracy and Proposal to Commit Terrorism. There is a conspiracy to commit terrorism when two or more persons come to an agreement to commit any act of terrorism as defined herein and decide to commit it. There is proposal to commit terrorism when any person who has decided to commit any act of terrorism as defined herein proposes its execution to some other person or persons. The conspiracy and proposal to commit any act of terrorism shall be punished by imprisonment of not less than six years and one day but not more than twelve (12) years and a fine of One million pesos (P1,000,000.00): Provided, That, if the offender is a government official or employee who used or abused his office in the commission of a terrorist act, the maximum penalty and the accessory penalty of perpetual absolute disqualification to hold public office shall be imposed. who committed or is likely to commit any act of terrorism. Any person who commits any of the acts stated in this Section shall suffer the penalty of life imprisonment and a fine of ten million pesos (Php 10,000,000.00): Provided, that, if the act should result in the death of a person, or if such act was committed with the use of firearms or ammunition, or uniform, paraphernalia, communication equipment, or other implements peculiar to the armed forces or other law enforcement agencies, or if the offender is a public officer or employee, the death penalty shall be imposed.

Sec.6. Conspiracy or Proposal to Commit Terrorism. There is a conspiracy to commit terrorism when two or more persons come to an agreement to commit any act of terrorism as defined herein and decide to commit it. There is proposal to commit terrorism when any person who has decided to commit any act of terrorism as defined herein proposes its execution to some other person or persons. Any person who conspires to commit any act of terrorism shall be punished by imprisonment of not less than ten (10) years to fifteen (15) years and a fine of five million pesos (Php 5,000,000.00). Any person who proposes the commission of any act of terrorism shall be punished by imprisonment of not less than six (6) years and one (1) day but not more than ten (10) years and a fine of three million pesos (Php 3,000,000.00). Provided, That if the offender is a government official or employee or has retired, resigned, dismissed or otherwise separated from the government service, the maximum penalty and the accessory penalty of perpetual disqualification to hold public office shall be imposed. SEC. 16. Communications Assistance for Law Enforcement Agencies. -

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. 19. Communication Assistance for Law Enforcement Agencies.

SEC. 7. Surveillance of Suspects and Interception and Recording of

5
(a) The provisions of Republic Act No. 4200, otherwise known as the AntiWire Tapping Act to the contrary notwithstanding, any peace officer may apply ex parte before the executive judge of any Regional Trial Court for an order, or extension of such an order, requiring a provider of wire or electronic communication service to provide intercepted communication and call identifying information to law enforcement agencies, or authorizing or approving the installation, use and/or retrieval of surveillance device, in connection with an investigation for any offense punishable under this Act. (b) When a peace officer has certified that there is probable cause to believe that the information likely to be obtained by such interception, installation or use is material to an ongoing investigation for any offense punishable under this Act and there are no other means readily available for obtaining such information, the court shall issue an ex parte order requiring a provider of wire or electronic communication service or authorizing the installation, use and/or retrieval such device, for a period not to exceed sixty (60) days. An extension of such an order may be granted: Provided, That such extension shall not exceed sixty (60) days. Such order shall state one or more of the following: (1) The premises to be subjected to surveillance; (2) The use of surveillance device in or on a specified object or class of object; (3) The use of surveillance device with respect to the conversations, activities, or location of a specified person or a person whose identity is unknown; (4) The order be sealed until otherwise ordered by the court; (5) The person using the line to which the device is to be attached, or the company has been ordered by the court to 1. The provisions of Republic Act No. 4200, otherwise known as the Anti-Wire Tapping Act to the contrary notwithstanding, any peace officer may apply ex parte before the executive judge of any Regional Trial Court for an order, extension of such an order, requiring a provider of wire or electronic communication service to provide intercepted communication and call identifying information to law enforcement agencies, or authorizing or approving the installation, use and/or retrieval of surveillance device, in connection with an investigation for any offense punishable under this Act. 2. For purposes of this Act, a surveillance device shall include but not be limited to the following: a. Data surveillance device or program capable of being used to record or monitor the input of information into, or the output of information from the computer; b. Listening device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear; c. Optical surveillance device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses, or similar device used by a person with impaired sight to overcome the impairment; d. Electronic tracking device capable of being used to determine or monitor the location of a person or an object or the status of an object; e. Pen register capable of recording or decoding electronic or other impulses which identified the numbers dialed or otherwise 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.

6
provide assistance to the applicant, not to disclose the existence of the device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court; (6) The provider of wire or electronic communication service to provide intercepted communication and call identifying information to the peace officer; or (7) The entry into the premises, and into other specified premises adjoining or providing access to the premises, in order to install or retrieve the surveillance device. (c) A provider of wire or electronic communication service, landlord, custodian, or other person shall install or assist in the installation of such device forthwith on the appropriate line and furnish such peace officer forthwith all information, facilities and technical assistance necessary to accomplish the installation, use and/or retrieval of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court, accord the party with respect to whom the installation, use and/or retrieval is to take place, if such assistance is directed by a court order. (d) Unless otherwise ordered by the court, the information obtained by the device shall be furnished to the peace officer designated in the court order, at reasonable intervals during regular business hours for the duration of the order. (e) Any person who discloses or causes the publication of information obtained, gathered or acquired pursuant to this Section, for the purpose other than that for which it was authorized, shall suffer the penalty of imprisonment of not less than six months and one day to not more than six years: Provided, transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business; Trap and trace device capable of capturing the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted; or A device that is a combination of any two or more of the devices referred to in paragraph (1) to (6) of this Section.

f.

g.

3. When the peace officer has certified that the information likely to be obtained by such interception, installation or use is relevant to an ongoing investigation for any offense punishable under this Act, the court shall issue an ex parte order requiring a provider of wire or electronic communication service or authorizing the installation, use and/or retrieval of the devices applied for, for a period not to exceed sixty (60) days. Such order shall state one or more of the following a. the permission to be subjected to surveillance; b. the use of surveillance device in or on a specified object or class of object; c. the use of surveillance device with respect to the conversations, activities, or location of a specified person or a person whose identity is unknown; d. the order be sealed until otherwise ordered by the court; e. the person using the line to

7
That, if the offender is a government official or employee who used or abused his office in the commission of a terrorist act, the maximum penalty and the accessory penalty of perpetual absolute disqualification to hold public office shall be imposed: Provided, further, That the print or broadcast entity that knowingly publishes or airs wiretapped material herein above obtained shall be fined the amount of Two Million Five Hundred Thousand Pesos (Php2,500,000.00); the responsible reporter, writer, president, publisher, manager and editor-in-chief shall suffer the penalty of imprisonment as provided under this subsection (e). (f) A court order shall not be required to authorize the installation, use or retrieval of surveillance device in any case where a peace officer, in connection with an investigation for any offense punishable under this Act, obtains the written consent of a party to the communication to be monitored or recorded in connection with any offense punishable under this Act. (g) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this Act. A good faith reliance on a court order under this Act is a complete defense against any civil or criminal action brought under this Act or any other law. (h) Any communication, written or spoken word, conversation, discussion, information, photos, or data taken, obtained or acquired in violation of this Section shall not be admissible as evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. (i) Any person who hinders, obstructs or otherwise prevents the peace officer from performing his duties stated which the device is to be attached, or the company who has been ordered by the court to provide assistance to the applicant, not to disclose the existence of the device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court; the provider of wire or electronic communication service to provide intercepted communication and call identifying information to the peace officer; or the entry into the premises, and into other specified premises adjoining or providing access to the premises, in order to install or retrieve the surveillance device.

f.

g.

4. A provider of wire or electronic communication service, landlord, custodian, or other person shall install or assist in the installation of such device forthwith on the appropriate line and furnish such peace officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation, use and/or retrieval of the device unobtrusively and with a minimum of interference with the services that the person so order by the court, accord the party with respect to whom the installation, use and/or retrieval is to take place, if such assistance is directed by a court order. 5. Unless otherwise ordered by the court, the information obtained by the device shall be furnished to the peace officer designated in the court order, at reasonable intervals during regular business hours for the duration of the order. 6. Any person who discloses information obtained, gathered or acquired pursuant to this Section, for the purpose other than that for which it was authorized, shall suffer the penalty of imprisonment of not less than six (6) months and one (1) day to not more than six (6) years: Provided that, if the offender is a government official or

8
in this Section shall suffer the penalty of imprisonment of not less than six months and one day to not more than six years: Provided, That, if the offender is a government official or employee used or abused his office in the commission of a terrorist act, the maximum penalty and the accessory penalty of perpetual absolute disqualification to hold public office shall be imposed. employee or has retired, resigned, dismissed or otherwise separated from the government service, the maximum penalty and the accessory penalty of perpetual disqualification to hold public office shall be imposed. 7. A court order shall not be required to authorize the installation, use or retrieval of surveillance device in any case where a peace officer, in connection with an investigation for any offence punishable under this Act, obtains the written consent of a party to the communication to be monitored or recorded in connection with any offense punishable under this Act. 8. No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons providing information, facilities, or assistance in accordance with the terms of a court order under this Act. A good faith reliance on a court order under this Act is a complete defense against any civil or criminal action brought under this Act or any other law. 9. Any communication, written or spoken word, conversation, discussion, information, photos, or data taken, obtained or acquired in violation of this Section shall not be admissible as evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. 10. Any person who hinders, obstructs or otherwise prevents the peace officer from performing his duties in Section 21 of this Act shall suffer the penalty of imprisonment of not less than six (6) months and one (1) day to not more than six (6) years: Provided, that, if the offender is a government official or employee or has retired, resigned, dismissed or otherwise separated from the government service, the maximum penalty and the accessory penalty of perpetual disqualification to hold public office shall be imposed. Sec. 8. Proscription of an Organization. For the purpose of this Act and with the observance of due process, the Anti

Sec. 8. Proscription of Organization. For the purpose of this Act, an organization may be proscribed as a terrorist

SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any organization, association, or

9
organization, upon petition by the Secretary of Justice based on the recommendation of an absolute majority of all members of the AntiTerrorism Council created by this Act, with the appropriate Regional Trial Courts, observing due process, if such organization is characterized by any of the following: The leadership and membership of the subject organization by overt acts publicly and openly endorse, proclaim, campaign and/or adhere to the commission of acts of terrorism proscribed and punished in this Act; and 2) When more than three members of the subject organization openly and publicly declare, admit and acknowledge to have committed any of the acts punishable under this act or any of the acts of terrorism as defined and described in Sections 4, 6, and 7 of this act, with the prior knowledge, consent and/or encouragement by the leadership of the organization and/or subsequent concurrence or condonation by the leadership of the organization. Proscriptions shall be published in the government gazette and major newspapers. Any proscribed organization or member thereof may move for de-proscription or de-listing before the Department of Justice (DOJ), whose decision is appealable to the Court of Appeals. Sec. 9. Membership in a Terrorist Organization. Where an organization has been proscribes as a terrorist organization, it shall be unlawful for any person who knowingly, willfully, and by overt acts, affiliates himself, becomes, or remains a member of such activities unless he can prove a lack of personal knowledge of the organizations activities; or that he has taken any part in the activities of the organization at any time 1) Terrorism Council, upon its own initiative, or upon recommendation of the Secretary of Justice may proscribe a group as a terrorist organization if such organization is characterized by any of the following: 1. Any member or members thereof openly and publicly declares, admits, acknowledged, to have committed any of the acts punishable under this Act; 2. Any member or members thereof have been convicted for the commission of any act of terrorism as defined and described in Sections 3, 4 and 5 of this Act; 3. It is proscribed by the United Nations or international organizations. Proscriptions shall be published in the government gazette and major newspapers. Any proscribed organization or member thereof may move for de-proscription or de-listing before the Department of Justice (DOJ), whose decision is appealable to the Court of Appeals. 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. 9. Membership in a Terrorist Organization. A proscribed organization shall automatically be de-established and the following acts shall be unlawful: (1) Any person who shall continue to lead the proscribed organization and any member who shall continue his affiliation in said organization;

10
(2) Any person who shall become a member of said organization after its proscription had been published; (3) Any person who shall revive said organization prior to its having been de-proscribed. Any person convicted under this Section shall suffer the penalty of imprisonment from not less than six years and one day to not more than twelve (12) years: Provided, That, if the offender is a government official or employee who used or abused his office in the commission of a terrorist act, the maximum penalty and the accessory penalty of perpetual absolute disqualification to hold public office shall be imposed. Sec. 14. Arrest and Detention. Any peace officer or a private person may, without warrant, arrest a person: (a) when, in his presence, the person to be arrested has committed, is actually committing, or attempting to commit any of the offense under this Act; or (b) when any of said offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. Any person arrested under this Section may be detained for a period of not more than three days following his arrest for custodial investigation. The period of detention may be detained for a period of not more than three days following his arrest for custodial investigation. The period of detention may be extended beyond three days if the person arrested without a warrant demands for a preliminary investigation and consents to it in writing and in the presence of his or her counsel. He shall be entitled to all other rights under Republic Act No. 7438, otherwise known as An Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation. while it was proscribed; or that he took immediate steps to terminate his membership therefrom as soon as practicable after it was proscribed; or that the organization was not declared a terrorist organization at the time he became a member or begun to profess to be a member. Any person convicted under this Section shall suffer the penalty for imprisonment of not less than six (6) years and one (1) day to not more than twelve (12) years. Provided that, if the offender is a government official or employee, or has retied, resigned, dismissed or otherwise separated from the government service, the maximum penalty and the accessory penalty of perpetual disqualification to hold public office shall be imposed. Sec. 10. Arrest and Detention. Any person arrested for violation of this Act, pursuant to Rule 113, Section 5, paragraphs (a) and (b) of the Rules of Court, may be detained for an inquest period of not more than three (3) following his/her arrest. The period of detention may be extended beyond three (3) days if the person arrested without a warrant demands for a preliminary investigation and consents to it in writing and in the presence of his or her counsel. He/she shall be entitled to all the rights under Republic Act No. 7438, otherwise known as An Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation. 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 AntiTerrorism 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

11
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. 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

Sec. 18. Applicability of Republic Act No. 9160, as Amended by Republic Act No. 9194. Terrorism and other violations of this Act shall be considered unlawful activities under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended. Upon determination that a probable cause exists to suspect that any monetary instrument or property is in any way related to or in the furtherance of terrorism and other violations under this Act, the Anti-Money Laundering Council (AMLC) may issue a freeze order, which shall be effective immediately, on the said monetary instrument/s and/or properties for a period not exceeding ninety (90) days unless extended by the

SEC. 15. Applicability of Republic Act No. 9160, as amended by Republic Act No. 9194. - Any act of terrorism and other violations as punished under this Act shall be considered unlawful activities under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended by Republic Act No. 9194. Upon determination that reasonable ground to suspect exists that any monetary instrument or property is in any way related to terrorism and other violation under this Act, the Anti-Money Laundering Council (AMLC) may issue a freeze order, which shall be effective immediately, on the said monetary instrument/s and/or properties for a

12
Court of Appeals. Notice to the purported owner/s that his/their monetary instruments and/or property has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property shall have three working days upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has three working days to resolve the freeze order case from receipt of the purported owner/s explanation. If the AMLC fails to act within three working days from the receipt of the said purported owners explanation, the freeze order shall automatically be dissolved. A freeze order shall stop all movements or transactions of or involving the monetary instrument/s and property. In cases where checks drawn against a bank account subject of a freeze order were issued within fifteen (15) days prior to the issuance of the freeze order, the freeze order shall likewise result in the automatic cancellation and stop payment thereof. All movements or transactions, irrespective of the amount involved, occurring within the same period shall be reported to the AMLC: Provided, That deposits or investments with any banking institutions or nonbank financial institutions may be inquired into or examined by the AMLC without prior court order pursuant to Republic Act No. 9160, as amended, when it is first established by the AMLC that there is probable cause that the deposits or investments involved are in any way related to terrorism and other violations under this Act: Provided, further, That any person from a covered institution knowing that any money, instrument, or property or its proceeds, represents, involves, or relates to terrorism or the furtherance thereof and fails to report the same as suspicious transaction to the AMLC shall be criminally liable pursuant to Section 13 of this Act. period not exceeding ninety (90) days unless extended by the Court of Appeals. Notice to the purported owner/s that his/their monetary instrument/s and/or properties has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property shall have three (3) working days upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has three (3) working days to resolve the freeze order case from receipt of the purported owner/s explanation. A freeze order shall stop all movements or transactions of or involving the monetary instrument/s and property. In cases where checks drawn against a bank account subject of a freeze order were issued within fifteen (15) days prior to the issuance of the freeze order, the freeze order shall likewise result in the automatic cancellation and stop payment thereof. All movements or transactions, irrespective of the amount involved, occurring within the same period shall be reported to the AMLC. Provided, that deposits or investments with any banking institutions or non-bank financial institutions may be inquired into or examined without prior court order pursuant to Republic Act No. 9160, as amended: Provided, further, that any person of covered institution knowing that any money, instrument, or property or its proceeds, represents, involves, or relates to terrorism or the furtherance thereof and fails to report the same as suspicious transactions to the AMLC shall be criminally liable pursuant to Section 14 of this Act. 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.

13
SEC. 20. Seizure of Vehicle, Vessel, Aircraft, Equipment, or Other Property or Instrument. Any vehicle, vessel, aircraft, equipment, or other property or instrument used in furtherance of, or incidental to, or in connection with any act of terrorism as defined in this Act shall be presumed prima facie evidence to have been unlawfully used in furtherance of or incident to or in connection with any act of terrorism as defined in this Act, and shall carry with it the confiscation and forfeiture thereof in favor of the government, including, but not limited to, all the proceeds of the crime, such as money and other assets obtained thereby and instruments or tools with which it was committed unless these are properties of a third person not liable for the offense and who does not knowingly authorize, tolerate or consent the use of the same. SEC. 17. Seizure of Vehicle, Vessel, Aircraft, Equipment, or Other Property or Instrument.Any vehicle, vessel, aircraft, equipment or other property or instrument used in furtherance of, or incident to, or in connection with, any act of terrorism as defined in this Act shall be presumed prima facie evidence to have been unlawfully used in furtherance of or incident to or in connection with any act of terrorism as provided in this Act, and shall carry with it the confiscation and forfeiture of thereof, in favor of the government, including but not limited to all the proceeds of the crime, such as money and other assets obtained thereby and the instruments or tools with which it was committed unless they are property of third person not liable for the offense and who does not knowingly authorize, tolerate or consent the use of the same. SEC. 15. Applicability of Republic Act No. 9160, as amended by Republic Act No. 9194. - Any act of terrorism and other violations as punished under this Act shall be considered unlawful activities under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended by Republic Act No. 9194. Upon determination that reasonable ground to suspect exists that any monetary instrument or property is in any way related to terrorism and other violation under this Act, the Anti-Money Laundering Council (AMLC) may issue a freeze order, which shall be effective immediately, on the said monetary instrument/s and/or properties for a period not exceeding ninety (90) days unless extended by the Court of Appeals. Notice to the purported owner/s that his/their monetary instrument/s and/or properties has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property shall have three (3) working days upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has three (3) working days to resolve the freeze order case from receipt of the purported owner/s explanation. 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. 18. Applicability of Republic Act No. 9160, as Amended by Republic Act No. 9194. Terrorism and other violations of this Act shall be considered unlawful activities under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended. Upon determination that a probable cause exists to suspect that any monetary instrument or property is in any way related to or in the furtherance of terrorism and other violations under this Act, the Anti-Money Laundering Council (AMLC) may issue a freeze order, which shall be effective immediately, on the said monetary instrument/s and/or properties for a period not exceeding ninety (90) days unless extended by the Court of Appeals. Notice to the purported owner/s that his/their monetary instruments and/or property has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property shall have three working days upon receipt of the notice

14
to explain why the freeze order should be lifted. The AMLC has three working days to resolve the freeze order case from receipt of the purported owner/s explanation. If the AMLC fails to act within three working days from the receipt of the said purported owners explanation, the freeze order shall automatically be dissolved. A freeze order shall stop all movements or transactions of or involving the monetary instrument/s and property. In cases where checks drawn against a bank account subject of a freeze order were issued within fifteen (15) days prior to the issuance of the freeze order, the freeze order shall likewise result in the automatic cancellation and stop payment thereof. All movements or transactions, irrespective of the amount involved, occurring within the same period shall be reported to the AMLC: Provided, That deposits or investments with any banking institutions or nonbank financial institutions may be inquired into or examined by the AMLC without prior court order pursuant to Republic Act No. 9160, as amended, when it is first established by the AMLC that there is probable cause that the deposits or investments involved are in any way related to terrorism and other violations under this Act: Provided, further, That any person from a covered institution knowing that any money, instrument, or property or its proceeds, represents, involves, or relates to terrorism or the furtherance thereof and fails to report the same as suspicious transaction to the AMLC shall be criminally liable pursuant to Section 13 of this Act.

A freeze order shall stop all movements or transactions of or involving the monetary instrument/s and property. In cases where checks drawn against a bank account subject of a freeze order were issued within fifteen (15) days prior to the issuance of the freeze order, the freeze order shall likewise result in the automatic cancellation and stop payment thereof. All movements or transactions, irrespective of the amount involved, occurring within the same period shall be reported to the AMLC. Provided, that deposits or investments with any banking institutions or non-bank financial institutions may be inquired into or examined without prior court order pursuant to Republic Act No. 9160, as amended: Provided, further, that any person of covered institution knowing that any money, instrument, or property or its proceeds, represents, involves, or relates to terrorism or the furtherance thereof and fails to report the same as suspicious transactions to the AMLC shall be criminally liable pursuant to Section 14 of this Act.

Sec. 21. Prosecution of and Jurisdiction Over Cases Involving Terrorism and Terrorist Activities. The Regional Trial Court shall have jurisdiction to try all offenses punishable under this Act. Any person may be charged with or convicted of any offense punishable under Sections 4, 6, and 7 of this Act without prejudice to the prosecution of any act or acts penalized under the

Sec. 18. Prosecution of and Jurisdiction Over Cases Involving Acts of Terrorism. The Regional Trial Courts shall have jurisdiction to try all offenses punishable under this Act. Any person may be charged with or convicted of any offense punishable under Sections 4, 5, 6 and 7 of this Act without prejudice to the prosecution of any act or acts penalized under the Revised Penal

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

15
Revised Penal Code or other special laws: Provided, That such act or acts are not absorbed in the offense charged. When there is a variance between the offense charged in the complaint or information, and that proved or established by the evidence, the accused shall be convicted of the offense proved included in the charge if the intent to create or sow a state of danger, panic or chaos to the general public, group of persons or particular persons, or segment thereof, was not proven during the trial. No person, however, shall be twice put in jeopardy of punishment for the same offense. None Code or other special laws provided that such acts or acts are not absorbed in the offense charged. When there is a variance between the offense charged in the complaint or information, and that proved or established by the evidence, the accused shall be convicted of the offense proved included in the charge of the intent to create or sow a state of danger, panic, fear or chaos to the general public or a segment thereof was not proven during the trial. No person, however, shall be twice out in jeopardy of punishment for the same offense. 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. prosecution for any offense or felony which is necessarily included in the offense charged under this Act.

16
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.