Republic Act No. 9372 a.

Article 122 (Piracy in General and Mutiny in the High Seas or

Be it enacted by the Senate and the House of Representatives of the c. Article 134-a (Coup d' Etat), including acts committed by
Philippines in Congress assembled: private persons;

SECTION 1. Short Title. - This Act shall henceforth be known as the d. Article 248 (Murder);
"Human Security Act of 2007."
e. Article 267 (Kidnapping and Serious Illegal Detention);
SEC. 2. Declaration of Policy. - It is declared a policy of the State to
protect life, liberty, and property from acts of terrorism, to condemn f. Article 324 (Crimes Involving Destruction), or under
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 1. Presidential Decree No. 1613 (The Law on Arson);
against the Filipino people, against humanity, and against the law of
nations. 2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
In the implementation of the policy stated above, the State shall uphold
the basic rights and fundamental liberties of the people as enshrined in 3. Republic Act No. 5207, (Atomic Energy Regulatory and
the Constitution. Liability Act of 1968);

The State recognizes that the fight against terrorism requires a 4. Republic Act No. 6235 (Anti-Hijacking Law);
comprehensive approach, comprising political, economic, diplomatic,
military, and legal means duly taking into account the root causes of 5. Presidential Decree No. 532 (Anti-Piracy and Anti-
terrorism without acknowledging these as justifications for terrorist Highway Robbery Law of 1974); and,
and/or criminal activities. Such measures shall include conflict
management and post-conflict peace-building, addressing the roots of 6. Presidential Decree No. 1866, as amended (Decree
conflict by building state capacity and promoting equitable economic Codifying the Laws on Illegal and Unlawful Possession,
development. Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
Nothing in this Act shall be interpreted as a curtailment, restriction or
diminution of constitutionally recognized powers of the executive thereby sowing and creating a condition of widespread and
branch of the government. It is to be understood, however that the extraordinary fear and panic among the populace, in order to coerce the
exercise of the constitutionally recognized powers of the executive government to give in to an unlawful demand shall be guilty of the crime
department of the government shall not prejudice respect for human of terrorism and shall suffer the penalty of forty (40) years of
rights which shall be absolute and protected at all times. imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as
SEC. 3. Terrorism.- Any person who commits an act punishable under amended.
any of the following provisions of the Revised Penal Code:
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to other suitable ways and means for that purpose, any communication,
commit the crime of terrorism shall suffer the penalty of forty (40) years message, conversation, discussion, or spoken or written words between
of imprisonment. members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or
There is conspiracy when two or more persons come to an agreement suspected of the crime of terrorism or conspiracy to commit terrorism.
concerning the commission of the crime of terrorism as defined in
Section 3 hereof and decide to commit the same. Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and patients,
SEC. 5. Accomplice. - Any person who, not being a principal under journalists and their sources and confidential business correspondence
Article 17 of the Revised Penal Code or a conspirator as defined in shall not be authorized.
Section 4 hereof, cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by previous or SEC. 8. Formal Application for Judicial Authorization. - The written
simultaneous acts shall suffer the penalty of from seventeen (17) years, order of the authorizing division of the Court of Appeals to track down,
four months one day to twenty (20) years of imprisonment. tap, listen to, intercept, and record communications, messages,
conversations, discussions, or spoken or written words of any person
SEC. 6. Accessory. - Any person who, having knowledge of the suspected of the crime of terrorism or the crime of conspiracy to commit
commission of the crime of terrorism or conspiracy to commit terrorism, terrorism shall only be granted by the authorizing division of the Court
and without having participated therein, either as principal or of Appeals upon an ex parte written application of a police or of a law
accomplice under Articles 17 and 18 of the Revised Penal Code, takes enforcement official who has been duly authorized in writing by the
part subsequent to its commission in any of the following manner: (a) by Anti-Terrorism Council created in Section 53 of this Act to file such ex
profiting himself or assisting the offender to profit by the effects of the parte application, and upon examination under oath or affirmation of the
crime; (b) by concealing or destroying the body of the crime, or the applicant and the witnesses he may produce to establish: (a) that there
effects, or instruments thereof, in order to prevent its discovery; (c) by is probable cause to believe based on personal knowledge of facts or
harboring, concealing, or assisting in the escape of the principal or circumstances that the said crime of terrorism or conspiracy to commit
conspirator of the crime, shall suffer the penalty of ten (10) years and terrorism has been committed, or is being committed, or is about to be
one day to twelve (12) years of imprisonment. committed; (b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is essential to
Notwithstanding the above paragraph, the penalties prescribed for the conviction of any charged or suspected person for, or to the solution
accessories shall not be imposed upon those who are such with respect or prevention of, any such crimes, will be obtained; and, (c) that there is
to their spouses, ascendants, descendants, legitimate, natural, and no other effective means readily available for acquiring such evidence.
adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the SEC. 9. Classification and Contents of the Order of the Court. - The
provisions of subparagraph (a). written order granted by the authorizing division of the Court of Appeals
as well as its order, if any, to extend or renew the same, the original
SEC. 7. Surveillance of Suspects and Interception and Recording of application of the applicant, including his application to extend or renew,
Communications. -The provisions of Republic Act No. 4200 (Anti-Wire if any, and the written authorizations of the Anti-Terrorism Council shall
Tapping Law) to the contrary notwithstanding, a police or law be deemed and are hereby declared as classified information: Provided,
enforcement official and the members of his team may, upon a written That the person being surveilled or whose communications, letters,
order of the Court of Appeals, listen to, intercept and record, with the papers, messages, conversations, discussions, spoken or written words
use of any mode, form, kind or type of electronic or other surveillance and effects have been monitored, listened to, bugged or recorded by law
equipment or intercepting and tracking devices, or with the use of any enforcement authorities has the right to be informed of the acts done by
the law enforcement authorities in the premises or to challenge, if he or In case of death of the original applicant or in case he is physically
she intends to do so, the legality of the interference before the Court of disabled to file the application for extension or renewal, the one next in
Appeals which issued the written order. The written order of the rank to the original applicant among the members of the team named in
authorizing division of the Court of Appeals shall specify the following: the original written order of the authorizing division of the Court of
(a) the identity, such as name and address, if known, of the charged or Appeals shall file the application for extension or renewal: Provided,
suspected person whose communications, messages, conversations, That, without prejudice to the liability of the police or law enforcement
discussions, or spoken or written words are to be tracked down, tapped, personnel under Section 20 hereof, the applicant police or law
listened to, intercepted, and recorded and, in the case of radio, enforcement official shall have thirty (30) days after the termination of
electronic, or telephonic (whether wireless or otherwise) the period granted by the Court of Appeals as provided in the preceding
communications, messages, conversations, discussions, or spoken or paragraphs within which to file the appropriate case before the Public
written words, the electronic transmission systems or the telephone Prosecutor's Office for any violation of this Act.
numbers to be tracked down, tapped, listened to, intercepted, and
recorded and their locations or if the person suspected of the crime of If no case is filed within the thirty (30)-day period, the applicant police
terrorism or conspiracy to commit terrorism is not fully known, such or law enforcement official shall immediately notify the person subject
person shall be subject to continuous surveillance provided there is a of the surveillance, interception and recording of the termination of the
reasonable ground to do so; (b) the identity (name, address, and the said surveillance, interception and recording. The penalty of ten (10)
police or law enforcement organization) of the police or of the law years and one day to twelve (12) years of imprisonment shall be
enforcement official, including the individual identity (names, addresses, imposed upon the applicant police or law enforcement official who fails
and the police or law enforcement organization) of the members of his to notify the person subject of the surveillance, monitoring, interception
team, judicially authorized to track down, tap, listen to, intercept, and and recording as specified above.
record the communications, messages, conversations, discussions, or
spoken or written words; (c) the offense or offenses committed, or being SEC. 11. Custody of Intercepted and Recorded Communications. - All
committed, or sought to be prevented; and, (d) the length of time within tapes, discs, and recordings made pursuant to the authorization of the
which the authorization shall be used or carried out. authorizing division of the Court of Appeals, including all excerpts and
summaries thereof as well as all written notes or memoranda made in
SEC. 10. Effective Period of Judicial Authorization. - Any authorization connection therewith, shall, within forty-eight (48) hours after the
granted by the authorizing division of the Court of Appeals, pursuant to expiration of the period fixed in the written order of the authorizing
Section 9(d) of this Act, shall only be effective for the length of time division of the Court of Appeals or within forty-eight (48) hours after the
specified in the written order of the authorizing division of the Court of expiration of any extension or renewal granted by the authorizing
Appeals, which shall not exceed a period of thirty (30) days from the division of the Court of Appeals, be deposited with the authorizing
date of receipt of the written order of the authorizing division of the Division of the Court of Appeals in a sealed envelope or sealed package,
Court of Appeals by the applicant police or law enforcement official. as the case may be, and shall be accompanied by a joint affidavit of the
applicant police or law enforcement official and the members of his
The authorizing division of the Court of Appeals may extend or renew team.
the said authorization for another non-extendible period, which shall not
exceed thirty (30) days from the expiration of the original period: In case of death of the applicant or in case he is physically disabled to
Provided, That the authorizing division of the Court of Appeals is execute the required affidavit, the one next in rank to the applicant
satisfied that such extension or renewal is in the public interest: among the members of the team named in the written order of the
and Provided, further, That the ex parte application for extension or authorizing division of the Court of Appeals shall execute with the
renewal, which must be filed by the original applicant, has been duly members of the team that required affidavit.
authorized in writing by the Anti-Terrorism Council.
It shall be unlawful for any person, police officer or any custodian of the less than ten (10) years and one day to twelve (12) years of
tapes, discs and recording, and their excerpts and summaries, written imprisonment.
notes or memoranda to copy in whatever form, to remove, delete,
expunge, incinerate, shred or destroy in any manner the items SEC. 13. Disposition of Deposited Material. -The sealed envelope or
enumerated above in whole or in part under any pretext whatsoever. sealed package and the contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be deemed and are
Any person who removes, deletes, expunges, incinerates, shreds or hereby declared classified information, and the sealed envelope or
destroys the items enumerated above shall suffer a penalty of not less sealed package shall not be opened and its contents (including the tapes,
than six years and one day to twelve (12) years of imprisonment. discs, and recordings and all the excerpts and summaries thereof and the
notes and memoranda made in connection therewith) shall not be
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or divulged, revealed, read, replayed, or used as evidence unless authorized
of the law enforcement official and the individual members of his team by written order of the authorizing division of the Court of Appeals,
shall state: (a) the number of tapes, discs, and recordings that have been which written order shall be granted only upon a written application of
made, as well as the number of excerpts and summaries thereof and the the Department of Justice filed before the authorizing division of the
number of written notes and memoranda, if any, made in connection Court of Appeals and only upon a showing that the Department of Justice
therewith; (b) the dates and times covered by each of such tapes, discs, has been duly authorized in writing by the Anti-Terrorism Council to file
and recordings; (c) the number of tapes, discs, and recordings, as well as the application with proper written notice the person whose
the number of excerpts and summaries thereof and the number of conversation, communication, message discussion or spoken or written
written notes and memoranda made in connection therewith that have words have been the subject of surveillance, monitoring, recording and
been included in the deposit; and (d) the date of the original written interception to open, reveal, divulge, and use the contents of the sealed
authorization granted by the Anti-Terrorism Council to the applicant to envelope or sealed package as evidence.
file the ex parte application to conduct the tracking down, tapping,
intercepting, and recording, as well as the date of any extension or Any person, law enforcement official or judicial authority who violates
renewal of the original written authority granted by the authorizing his duty to notify in writing the persons subject of the surveillance as
division of the Court of Appeals. defined above shall suffer the penalty of six years and one day to eight
years of imprisonment.
The joint affidavit shall also certify under oath that no duplicates or
copies of the whole or any part of any of such tapes, discs, and SEC. 14. Application to Open Deposited Sealed Envelope or Sealed
recordings, and that no duplicates or copies of the whole or any part of Package. - The written application with notice to the party concerned to
any of such excerpts, summaries, written notes, and memoranda, have open the deposited sealed envelope or sealed package shall clearly state
been made, or, if made, that all such duplicates and copies are included the purpose or reason: (a) for opening the sealed envelope or sealed
in the sealed envelope or sealed package, as the case may be, deposited package; (b) for revealing or disclosing its classified contents; (c) for
with the authorizing division of the Court of Appeals. replaying, divulging, and or reading any of the listened to, intercepted,
and recorded communications, messages, conversations, discussions, or
It shall be unlawful for any person, police or law enforcement official to spoken or written words (including any of the excerpts and summaries
omit or exclude from the joint affidavit any item or portion thereof thereof and any of the notes or memoranda made in connection
mentioned in this Section. therewith); [ and, (d) for using any of said listened to, intercepted, and
recorded communications, messages, conversations, discussions, or
Any person, police or law enforcement officer who violates any of the spoken or written words (including any of the excerpts and summaries
acts prescribed in the preceding paragraph shall suffer the penalty of not thereof and any of the notes or memoranda made in connection
therewith) as evidence.
Any person, law enforcement official or judicial authority who violates organized for the purpose of engaging in terrorism, or which, although
his duty to notify as defined above shall suffer the penalty of six years not organized for that purpose, actually uses the acts to terrorize
and one day to eight years of imprisonment. 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
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, the government to give in to an unlawful demand shall, upon application
intercepted, and recorded communications, messages, conversations, of the Department of Justice before a competent Regional Trial Court,
discussions, or spoken or written words, or any part or parts thereof, or with due notice and opportunity to be heard given to the organization,
any information or fact contained therein, including their existence, association, or group of persons concerned, be declared as a terrorist
content, substance, purport, effect, or meaning, which have been secured and outlawed organization, association, or group of persons by the said
in violation of the pertinent provisions of this Act, shall absolutely not be Regional Trial Court.
admissible and usable as evidence against anybody in any judicial, quasi-
judicial, legislative, or administrative investigation, inquiry, proceeding, SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The
or hearing. provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or been duly authorized in writing by the Anti-Terrorism Council has taken
Recordings. - Any police or law enforcement personnel who, not being custody of a person charged with or suspected of the crime of terrorism
authorized to do so by the authorizing division of the Court of Appeals, or the crime of conspiracy to commit terrorism shall, without incurring
tracks down, taps, listens to, intercepts, and records in whatever manner any criminal liability for delay in the delivery of detained persons to the
or form any communication, message, conversation, discussion, or proper judicial authorities, deliver said charged or suspected person to
spoken or written word of a person charged with or suspected of the the proper judicial authority within a period of three days counted from
crime of terrorism or the crime of conspiracy to commit terrorism shall the moment the said charged or suspected person has been
be guilty of an offense and shall suffer the penalty of ten (10) years and apprehended or arrested, detained, and taken into custody by the said
one day to twelve (12) years of imprisonment. police, or law enforcement personnel: Provided, That the arrest of those
suspected of the crime of terrorism or conspiracy to commit terrorism
In addition to the liability attaching to the offender for the commission of must result from the surveillance under Section 7 and examination of
any other offense, the penalty of ten (10) years and one day to twelve bank deposits under Section 27 of this Act.
(12) years of imprisonment and the accessory penalty of perpetual
absolute disqualification from public office shall be imposed upon any The police or law enforcement personnel concerned shall, before
police or law enforcement personnel who maliciously obtained an detaining the person suspected of the crime of terrorism, present him or
authority from the Court of Appeals to track down, tap, listen to, her before any judge at the latter's residence or office nearest the place
intercept, and record in whatever manner or form any communication, where the arrest took place at any time of the day or night. It shall be the
message, conversation, discussion, or spoken or written words of a duty of the judge, among other things, to ascertain the identity of the
person charged with or suspected of the crime of terrorism or police or law enforcement personnel and the person or persons they
conspiracy to commit terrorism: Provided, That notwithstanding Section have arrested and presented before him or her, to inquire of them the
13 of this Act, the party aggrieved by such authorization shall be allowed reasons why they have arrested the person and determine by
access to the sealed envelope or sealed package and the contents thereof questioning and personal observation whether or not the suspect has
as evidence for the prosecution of any police or law enforcement been subjected to any physical, moral or psychological torture by whom
personnel who maliciously procured said authorization. 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
SEC. 17. Proscription of Terrorist Organizations, Association, or court that has jurisdiction over the case of the person thus arrested. The
Group of Persons. - Any organization, association, or group of persons
judge shall forthwith submit his/her report within three calendar days SEC. 21. Rights of a Person under Custodial Detention. - The moment a
from the time the suspect was brought to his/her residence or office. person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism is apprehended or arrested and
Immediately after taking custody of a person charged with or suspected detained, he shall forthwith be informed, by the arresting police or law
of the crime of terrorism or conspiracy to commit terrorism, the police enforcement officers or by the police or law enforcement officers to
or law enforcement personnel shall notify in writing the judge of the whose custody the person concerned is brought, of his or her right: (a)
court nearest the place of apprehension or arrest: Provided ,That where to be informed of the nature and cause of his arrest, to remain silent and
the arrest is made during Saturdays, Sundays, holidays or after office to have competent and independent counsel preferably of his choice. If
hours, the written notice shall be served at the residence of the judge the person cannot afford the services of counsel of his or her choice, the
nearest the place where the accused was arrested. police or law enforcement officers concerned shall immediately contact
the free legal assistance unit of the Integrated Bar of the Philippines
The penalty of ten (10) years and one day to twelve (12) years of (IBP) or the Public Attorney's Office (PAO). It shall be the duty of the free
imprisonment shall be imposed upon the police or law enforcement legal assistance unit of the IBP or the PAO thus contacted to immediately
personnel who fails to notify and judge as Provided in the preceding visit the person(s) detained and provide him or her with legal assistance.
paragraph. These rights cannot be waived except in writing and in the presence of
the counsel of choice; (b) informed of the cause or causes of his
SEC. 19. Period of Detention in the Event of an Actual or Imminent detention in the presence of his legal counsel; (c) allowed to
Terrorist Attack. - In the event of an actual or imminent terrorist attack, communicate freely with his legal counsel and to confer with them at
suspects may not be detained for more than three days without the any time without restriction; (d) allowed to communicate freely and
written approval of a municipal, city, provincial or regional official of a privately without restrictions with the members of his family or with his
Human Rights Commission or judge of the municipal, regional trial court, nearest relatives and to be visited by them; and, (e) allowed freely to
the Sandiganbayan or a justice of the Court of Appeals nearest the place avail of the service of a physician or physicians of choice.
of the arrest. If the arrest is made during Saturdays, Sundays, holidays or
after office hours, the arresting police or law enforcement personnel SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police
shall bring the person thus arrested to the residence of any of the or law enforcement personnel, or any personnel of the police or other
officials mentioned above that is nearest the place where the accused law enforcement custodial unit that violates any of the aforesaid rights
was arrested. The approval in writing of any of the said officials shall be of a person charged with or suspected of the crime of terrorism or the
secured by the police or law enforcement personnel concerned within crime of conspiracy to commit terrorism shall be guilty of an offense and
five days after the date of the detention of the persons shall suffer the penalty of ten (10) years and one day to twelve (12)
concerned: Provided, however, That within three days after the detention years of imprisonment.
the suspects, whose connection with the terror attack or threat is not
established, shall be released immediately. Unless the police or law enforcement personnel who violated the rights
of a detainee or detainees as stated above is duly identified, the same
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial penalty shall be imposed on the police officer or hear or leader of the law
Authority within Three Days. - The penalty of ten (10) years and one enforcement unit having custody of the detainee at the time the violation
day to twelve (12) years of imprisonment shall be imposed upon any was done.
police or law enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or suspected of the SEC. 23. Requirement for an Official Custodial Logbook and its
crime of terrorism or conspiracy to commit terrorism and fails to deliver Contents. - The police or other law enforcement custodial unit in whose
such charged or suspected person to the proper judicial authority within care and control the person charged with or suspected of the crime of
the period of three days. terrorism or the crime of conspiracy to commit terrorism has been
placed under custodial arrest and detention shall keep a securely and penalty of ten (10) years and one day to twelve (12) years of
orderly maintained official logbook, which is hereby declared as a public imprisonment.
document and opened to and made available for .the inspection and
scrutiny of the lawyer or lawyers of the person under custody or any SEC. 24. No Torture or Coercion in Investigation and Interrogation. -
member of his or her family or relative by consanguinity or affinity No threat, intimidation, or coercion, and no act which will inflict any
within the fourth civil degree or his or her physician at any time of the form of physical pain or torment, or mental, moral, or psychological
day or night without any form of restriction. The logbook shall contain a pressure, on the detained person, which shall vitiate his freewill, shall be
clear and concise record of: (a) the name, description, and address of the employed in his investigation and interrogation for the crime of
detained person; (b) the date and exact time of his initial admission for terrorism or the crime of conspiracy to commit terrorism; otherwise, the
custodial arrest and detention; (c) the name and address of the physician evidence obtained from said detained person resulting from such threat,
or physicians who examined him physically and medically; (d) the state intimidation, or coercion, or from such inflicted physical pain or
of his health and physical condition at the time of his initial admission torment, or mental, moral, or psychological pressure, shall be, in its
for custodial detention; (e) the date and time of each removal of the entirety, absolutely not admissible and usable as evidence in any judicial,
detained person from his cell for interrogation or for any purpose; (f) quasi-judicial, legislative, or administrative investigation, inquiry,
the date and time of his return to his cell; (g) the name and address of proceeding, or hearing.
the physician or physicians who physically and medically examined him
after each interrogation; (h) a summary of the physical and medical SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the
findings on the detained person after each of such interrogation; (i) the Investigation and Interrogation of a Detained Person. - Any person or
names and addresses of his family members and nearest relatives, if any persons who use threat, intimidation, or coercion, or who inflict physical
and if available; (j) the names and addresses of persons, who visit the pain or torment, or mental, moral, or psychological pressure, which shall
detained person; (k) the date and time of each of such visits; (1) the date vitiate the free-will of a charged or suspected person under investigation
and time of each request of the detained person to communicate and and interrogation for the crime of terrorism or the crime of conspiracy
confer with his legal counsel or counsels; (m) the date and time of each to commit terrorism shall be guilty of an offense and shall suffer the
visit, and date and time of each departure of his legal counsel or penalty of twelve (12) years and one day to twenty (20) years of
counsels; and, (n) all other important events bearing on and all relevant imprisonment.
details regarding the treatment of the detained person while under
custodial arrest and detention. When death or serious permanent disability of said detained person
occurs as a consequence of the use of such threat, intimidation, or
The said police or law enforcement custodial unit shall upon demand of coercion, or as a consequence of the infliction on him of such physical
the aforementioned lawyer or lawyers or members of the family or pain or torment, or as a consequence of the infliction on him of such
relatives within the fourth civil degree of consanguinity or affinity of the mental, moral, or psychological pressure, the penalty shall be twelve
person under custody or his or her physician issue a certified true copy (12) years and one day to twenty (20) years of imprisonment.
of the entries of the logbook relative to the concerned detained person
without delay or restriction or requiring any fees whatsoever including SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not
documentary stamp tax, notarial fees, and the like. This certified true strong, and the person charged with the crime of terrorism or
copy may be attested by the person who has custody of the logbook or conspiracy to commit terrorism is entitled to bail and is granted the
who allowed the party concerned to scrutinize it at the time the demand same, the court, upon application by the prosecutor, shall limit the right
for the certified true copy is made. of travel of the accused to within the municipality or city where he
resides or where the case is pending, in the interest of national security
The police or other law enforcement custodial unit who fails to comply and public safety, consistent with Article III, Section 6 of the
with the preceding paragraph to keep an official logbook shall suffer the Constitution. Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the terms and terrorism or conspiracy to commit terrorism; (2) of any judicially
conditions of his bail, which shall then be forfeited as provided under the declared and outlawed terrorist organization, association, or group of
Rules of Court. persons, or (3) of any member of such organization, association, or
group of persons in a bank or financial institution, and the gathering of
He/she may also be placed under house arrest by order of the court at any relevant information about the same from said bank or financial
his or her usual place of residence. institution, shall only be granted by the authorizing division of the Court
of Appeals upon an ex parte application to that effect of a police or of a
While under house arrest, he or she may not use telephones, cellphones, law enforcement official who has been duly authorized in writing to file
e-mails, computers, the internet or other means of communications with such ex parte application by the Anti-Terrorism Council created in
people outside the residence until otherwise ordered by the court. Section 53 of this Act to file such ex parte application, and upon
examination under oath or affirmation of the applicant and, the
The restrictions abovementioned shall be terminated upon the acquittal witnesses he may produce to establish the facts that will justify the need
of the accused or of the dismissal of the case filed against him or earlier and urgency of examining and freezing the bank deposits, placements,
upon the discretion of the court on motion of the prosecutor or of the trust accounts, assets, and records: (1) of the person charged with or
accused. suspected of the crime of terrorism or conspiracy to commit terrorism;
(2) of a judicially declared and outlawed terrorist organization,
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, association or group of persons; or (3) of any member of such
Accounts, and Records. - The provisions of Republic Act No. 1405 as organization, association, or group of persons.
amended, to the contrary notwithstanding, the justices of the Court of
Appeals designated as a special court to handle anti-terrorism cases SEC. 29. Classification and Contents of the Court Order Authorizing
after satisfying themselves of the existence of probable cause in a the Examination of Bank Deposits, Accounts, and Records. - The
hearing called for that purpose that: (1) a person charged with or written order granted by the authorizing division of the Court of Appeals
suspected of the crime of terrorism or, conspiracy to commit terrorism, as well as its order, if any, to extend or renew the same, the original ex
(2) of a judicially declared and outlawed terrorist organization, parte application of the applicant, including his ex parte application to
association, or group of persons; and (3) of a member of such judicially extend or renew, if any, and the written authorizations of the Anti-
declared and outlawed organization, association, or group of persons, Terrorism Council, shall be deemed and are hereby declared as classified
may authorize in writing any police or law enforcement officer and the information: Provided, That the person whose bank deposits,
members of his/her team duly authorized in writing by the anti- placements, trust accounts, assets, and records have been examined,
terrorism council to: (a) examine, or cause the examination of, the frozen, sequestered and seized by law enforcement authorities has the
deposits, placements, trust accounts, assets and records in a bank or right to be informed of the acts done by the law enforcement authorities
financial institution; and (b) gather or cause the gathering of any in the premises or to challenge, if he or she intends to do so, the legality
relevant information about such deposits, placements, trust accounts, of the interference. The written order of the authorizing division of the
assets, and records from a bank or financial institution. The bank or Court of Appeals designated to handle cases involving terrorism shall
financial institution concerned, shall not refuse to allow such specify: (a) the identify of the said: (1) person charged with or suspected
examination or to provide the desired information, when so, ordered by of the crime of terrorism or conspiracy to commit terrorism; (2)
and served with the written order of the Court of Appeals. judicially declared and outlawed terrorist organization, association, or
group of persons; and (3) member of such judicially declared and
SEC. 28. Application to Examine Bank Deposits, Accounts, and outlawed organization, association, or group of persons, as the case may
Records. - The written order of the Court of Appeals authorizing the be. whose deposits, placements, trust accounts, assets, and records are
examination of bank deposits, placements, trust accounts, assets, and to be examined or the information to be gathered; (b) the identity of the
records: (1) of a person charged with or suspected of the crime of bank or financial Institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the identity of years and one day to twelve (12) years of imprisonment shall be
the persons who will conduct the said examination and the gathering of imposed upon the applicant police or law enforcement official who fails
the desired information; and, (d) the length of time the authorization to notify in writing the person subject of the bank examination and
shall be carried out. freezing of bank deposits, placements, trust accounts, assets and records.

SEC. 30. Effective Period of Court Authorization to Examine and Any person, law enforcement official or judicial authority who violates
Obtain Information on Bank Deposits, Accounts, and Records. - The his duty to notify in writing as defined above shall suffer the penalty of
authorization issued or granted by the authorizing division of the Court six years and one day to eight years of imprisonment.
of Appeals to examine or cause the examination of and to freeze bank
deposits, placements, trust accounts, assets, and records, or to gather SEC. 31. Custody of Bank Data and Information Obtained after
information about the same, shall be effective for the length of time Examination of Deposits, Placements, Trust Accounts, Assets and
specified in the written order of the authorizing division of the Court of Records. - All information, data, excerpts, summaries, notes,
Appeals, which shall not exceed a period of thirty (30) days from the memoranda, working sheets, reports, and other documents obtained
date of receipt of the written order of the authorizing division of the from the examination of the bank deposits, placements, trust accounts,
Court of Appeals by the applicant police or law enforcement official. assets and records of: (1) a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism; (2) a
The authorizing division of the Court of Appeals may extend or renew judicially declared and outlawed terrorist organization, association, or
the said authorization for another period, which shall not exceed thirty group of persons; or (3) a member of any such organization, association,
(30) days renewable to another thirty (30) days from the expiration of or group of persons shall, within forty-eight (48) hours after the
the original period: Provided, That the authorizing division of the Court expiration of the period fixed in the written order of the authorizing
of Appeals is satisfied that such extension or renewal is in the public division of the Court of Appeals or within forty-eight (48) hours after the
interest: and, Provided, further, That the application for extension or expiration of the extension or renewal granted by the authorizing
renewal, which must be filed by the original applicant, has been duly division of the Court of Appeals, be deposited with the authorizing
authorized in writing by the Anti-Terrorism Council. division of the Court of Appeals in a sealed envelope or sealed package,
as the case may be, and shall be accompanied by a joint affidavit of the
In case of death of the original applicant or in case he is physically applicant police or law enforcement official and the persons who
disabled to file the application for extension or renewal, the one next in actually conducted the examination of said bank deposits, placements,
rank to the original applicant among the members of the ream named in trust accounts, assets and records.
the original written order of the authorizing division of the Court of
Appeals shall file the application for extension or renewal: Provided, SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a)
That, without prejudice to the liability of the police or law enforcement the identifying marks, numbers, or symbols of the deposits, placements,
personnel under Section 19 hereof, the applicant police or law trust accounts, assets, and records examined; (b) the identity and
enforcement official shall have thirty (30) days after the termination of address of the bank or financial institution where such deposits,
the period granted by the Court of Appeals as provided in the preceding placements, trust accounts, assets, and records are held and maintained;
paragraphs within which to file the appropriate case before the Public (c) the number of bank deposits, placements, trust accounts, assets, and
Prosecutor's Office for any violation of this Act. records discovered, examined, and frozen; (d) the outstanding balances
of each of such deposits, placements, trust accounts, assets; (e) all
If no case is filed within the thirty (30)-day period, the applicant police information, data, excerpts, summaries, notes, memoranda, working
or law enforcement official shall immediately notify in writing the sheets, reports, documents, records examined and placed in the sealed
person subject of the bank examination and freezing of bank deposits, envelope or sealed package deposited with the authorizing division of
placements, trust accounts, assets and records. The penalty of ten (10) the Court of Appeals; (f) the date of the original written authorization
granted by the Anti-Terrorism Council to the applicant to file the ex Any person, law enforcement official or judicial authority who violates
parte Application to conduct the examination of the said bank deposits, his duty to notify in writing as defined above shall suffer the penalty of
placements, trust accounts, assets and records, as well as the date of any six years and one day to eight years of imprisonment.
extension or renewal of the original written authorization granted by the
authorizing division of the Court of Appeals; and (g) that the items SEC. 34. Application to Open Deposited Bank Materials. - The written
Enumerated were all that were found in the bank or financial institution application, with notice in writing to the party concerned not later than
examined at the time of the completion of the examination. three days of the scheduled opening, to open the sealed envelope or
sealed package shall clearly state the purpose and reason: (a) for
The joint affidavit shall also certify under oath that no duplicates or opening the sealed envelope or sealed package; (b) for revealing and
copies of the information, data, excerpts, summaries, notes, memoranda, disclosing its classified contents; and, (c) for using the classified
working sheets, reports, and documents acquired from the examination information, data, excerpts, summaries, notes, memoranda, working
of the bank deposits, placements, trust accounts, assets and records have sheets, reports, and documents as evidence.
been made, or, if made, that all such duplicates and copies are placed in
the sealed envelope or sealed package deposited with the authorizing SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any
division of the Court of Appeals. information, data, excerpts, summaries, notes, memoranda, work sheets,
reports, or documents acquired from the examination of the bank
It shall be unlawful for any person, police officer or custodian of the deposits, placements, trust accounts, assets and records of: (1) a person
bank data and information obtained after examination of deposits, charged or suspected of the crime of terrorism or the crime of
placements, trust accounts, assets and records to copy, to remove, conspiracy to commit terrorism; (2) a judicially declared and outlawed
delete, expunge, incinerate, shred or destroy in any manner the items terrorist organization, association, or group of persons; or (3) a member
enumerated above in whole or in part under any pretext whatsoever, of such organization, association, or group of persons, which have been
secured in violation of the provisions of this Act, shall absolutely not be
Any person who copies, removes, deletes, expunges, incinerates, shreds admissible and usable as evidence against anybody in any judicial, quasi-
or destroys the items enumerated above shall suffer a penalty of not less judicial, legislative, or administrative investigation, inquiry, proceeding,
than six years and one day to twelve (12) years of imprisonment. or hearing.

SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed SEC. 36. Penalty for Unauthorized or Malicious Examination of a
package and the contents thereof, which are deposited with the Bank or a Financial Institution. - Any person, police or law
authorizing division of the Court of Appeals, shall be deemed and are enforcement personnel who examines the deposits, placements, trust
hereby declared classified information and the sealed envelope or sealed accounts, assets, or records in a bank or financial institution of: (1) a
package shall not be opened and its contents shall not be divulged, person charged with or suspected of the crime of terrorism or the crime
revealed, read, or used as evidence unless authorized in a written order of conspiracy to commit terrorism; (2) a judicially declared and
of the authorizing division of the Court of Appeals, which written order outlawed terrorist organization, association, or group of persons; or (3)
shall be granted only upon a written application of the Department of a member of such organization, association, or group of persons, without
Justice filed before the authorizing division of the Court of Appeals and being authorized to do so by the Court of Appeals, shall be guilty of an
only upon a showing that the Department of Justice has been duly offense and shall suffer the penalty of ten (10) years and one day to
authorized in writing by the Anti-Terrorism Council to file the twelve (12) years of imprisonment.
application, with notice in writing to the party concerned not later than
three days before the scheduled opening, to open, reveal, divulge, and In addition to the liability attaching to the offender for the commission of
use the contents of the sealed envelope or sealed package as evidence. any other offense, the penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon any police or law
enforcement personnel, who maliciously obtained an authority from the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to
Court of Appeals to examine the deposits, placements, trust accounts, a judicially declared and outlawed organization, association, or group of
assets, or records in a bank or financial institution of: (1) a person persons; or (3) to a member of such organization, association, or group
charged with or suspected of the crime of terrorism or conspiracy to of persons shall be seized, sequestered, and frozen in order to prevent
commit terrorism; (2) a judicially declared and outlawed terrorist their use, transfer, or conveyance for purposes that are inimical to the
organization, association, or group of persons; or (3) a member of such safety and security of the people or injurious to the interest of the State.
organization, association, or group of persons: Provided, That
notwithstanding Section 33 of this Act, the party aggrieved by such The accused or a person suspected of may withdraw such sums as may
authorization shall upon motion duly filed be allowed access to the be reasonably needed by the monthly needs of his family including the
sealed envelope or sealed package and the contents thereof as evidence services of his or her counsel and his or her family's medical needs upon
for the prosecution of any police or law enforcement personnel who approval of the court. He or she may also use any of his property that is
maliciously procured said authorization. under seizure or sequestration or frozen because of his/her indictment
as a terrorist upon permission of the court for any legitimate reason.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court
Authorization. - An employee, official, or a member of the board of Any person who unjustifiably refuses to follow the order of the proper
directors of a bank or financial institution, who refuses to allow the division of the Court of Appeals to allow the person accused of the crime
examination of the deposits, placements, trust accounts, assets, and of terrorism or of the crime of conspiracy to commit terrorism to
records of: (1) a person charged with or suspected of the crime of withdraw such sums from sequestered or frozen deposits, placements,
terrorism or the crime of conspiracy to commit terrorism; (2) a judicially trust accounts, assets and records as may be necessary for the regular
declared and outlawed organization, association, or group of persons; or sustenance of his/her family or to use any of his/her property that has
(3) a member of such judicially declared and outlawed organization, been seized, sequestered or frozen for legitimate purposes while his/her
association, or group of persons in said bank or financial institution, case is pending shall suffer the penalty of ten (10) years and one day to
when duly served with the written order of the authorizing division of twelve (12) years of imprisonment.
the Court of Appeals, shall be guilty of an offense and shall suffer the
penalty of ten (10) years and one day to twelve (12) years of SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits,
imprisonment. Placements, Trust Accounts, Assets and Records. - The seized,
sequestered and frozen bank deposits, placements, trust accounts, assets
SEC. 38. Penalty for False or Untruthful Statement or and records belonging to a person suspected of or charged with the
Misrepresentation of Material Fact in Joint Affidavits. - Any false or crime of terrorism or conspiracy to commit terrorism shall be deemed as
untruthful statement or misrepresentation of material fact in the joint property held in trust by the bank or financial institution for such person
affidavits required respectively in Section 12 and Section 32 of this Act and the government during the pendency of the investigation of the
shall constitute a criminal offense and the affiants shall suffer person suspected of or during the pendency of the trial of the person
individually the penalty of ten (10) years and one day to twelve (12) charged with any of the said crimes, as the case may be and their use or
years of imprisonment. disposition while the case is pending shall be subject to the approval of
the court before which the case or cases are pending.
SEC. 39. Seizure and Sequestration. - The deposits and their
outstanding balances, placements, trust accounts, assets, and records in SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank
any bank or financial institution, moneys, businesses, transportation and Deposits, Placements, Trust Accounts, Assets and Record. - If the
communication equipment, supplies and other implements, and person suspected of or charged with the crime of terrorism or
property of whatever kind and nature belonging: (1) to any person conspiracy to commit terrorism is found, after his investigation, to be
suspected of or charged before a competent Regional Trial Court for the innocent by the investigating body, or is acquitted, after his arraignment
or his case is dismissed before his arraignment by a competent court, the accounts, assets and records of a person suspected of or charged with
seizure, sequestration and freezing of his bank deposits, placements, the crime of terrorism or conspiracy to commit terrorism shall suffer the
trust accounts, assets and records shall forthwith be deemed lifted by penalty of ten (10) years and one day to twelve (12) years of
the investigating body or by the competent court, as the case may be, imprisonment.
and his bank deposits, placements, trust accounts, assets and records
shall be deemed released from such seizure, sequestration and freezing, SEC. 44. Infidelity in the Custody of Detained Persons. - Any public
and shall be restored to him without any delay by the bank or financial officer who has direct custody of a detained person or under the
institution concerned without any further action on his part. The filing of provisions of this Act and who by his deliberate act, misconduct, or
any appeal on motion for reconsideration shall not state the release of inexcusable negligence causes or allows the escape of such detained
said funds from seizure, sequestration and freezing. person shall be guilty of an offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20) years of imprisonment, if
If the person charged with the crime of terrorism or conspiracy to the detained person has already been convicted and sentenced in a final
commit terrorism is convicted by a final judgment of a competent trial judgment of a competent court; and (b) six years and one day to twelve
court, his seized, sequestered and frozen bank deposits, placements, (12) years of imprisonment, if the detained person has not been
trust accounts, assets and records shall be automatically forfeited in convicted and sentenced in a final judgment of a competent court.
favor of the government.
SEC. 45. Immunity and Protection of Government Witnesses. - The
Upon his or her acquittal or the dismissal of the charges against him or provisions of Republic Act No. 6981 (Witness Protection, Security and
her, the amount of Five hundred thousand pesos (P500.000.00) a day for Benefits Act) to the contrary notwithstanding, the immunity of
the period in which his properties, assets or funds were seized shall be government witnesses testifying under this Act shall be governed by
paid to him on the concept of liquidated damages. The amount shall be Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however,
taken from the appropriations of the police or law enforcement agency That said witnesses shall be entitled to benefits granted to witnesses
that caused the filing of the enumerated charges against him/her. under said Republic Act No.6981.

SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. -
Restoring Seized, Sequestered and Frozen Bank Deposits, The penalty of ten (10) years and one day to twelve (12) years of
Placements, Trust Accounts, Assets and Records. - Any person who imprisonment shall be imposed upon any person, police or law
unjustifiably refuses to restore or delays the restoration of seized, enforcement agent, judicial officer or civil servant who, not being
sequestered and frozen bank deposits, placements, trust accounts, assets authorized by the Court of Appeals to do so, reveals in any manner or
and records of a person suspected of or charged with the crime of form any classified information under this Act.
terrorism or conspiracy to commit terrorism after such suspected
person has been found innocent by the investigating body or after the SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or
case against such charged person has been dismissed or after he is Spurious Evidence. - The penalty of twelve (12) years and one day to
acquitted by a competent court shall suffer the penalty of ten (10) years twenty (20) years of imprisonment shall be imposed upon any person
and one day to twelve (12) years of imprisonment. who knowingly furnishes false testimony, forged document or spurious
evidence in any investigation or hearing under this Act.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of
Seized, Sequestered and Frozen Bank Deposits, Placements, Trust SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to
Accounts, Assets and Records. - Any person who is responsible for the commit terrorism, the judge shall set the continuous trial on a daily basis
loss, misuse, diversion, or dissipation of the whole or any part of the from Monday to Friday or other short-term trial calendar so as to ensure
seized, sequestered and frozen bank deposits, placements, trust speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another or a suspect in the crime of terrorism was first revealed shall record the
Prosecution under the Revised Penal Code or any Special Penal real name and the specific address of the informant.
Laws. - When a person has been prosecuted under a provision of this
Act, upon a valid complaint or information or other formal charge The police or law enforcement officials concerned shall report the
sufficient in form and substance to sustain a conviction and after the informant's name and address to their superior officer who shall
accused had pleaded to the charge, the acquittal of the accused or the transmit the information to the Congressional Oversight Committee or to
dismissal of the case shall be a bar to another prosecution for any the proper court within five days after the suspect was placed under
offense or felony which is necessarily included in the offense charged arrest or his properties were sequestered, seized or frozen.
under this Act.
The name and address of the informant shall be considered confidential
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, and shall not be unnecessarily revealed until after the proceedings
any person who is accused of terrorism shall be entitled to the payment against the suspect shall have been terminated.
of damages in the amount of Five hundred thousand pesos
(P500,000.00) for every day that he or she has been detained or SEC. 52. Applicability of the Revised Penal Code. - The provisions of
deprived of liberty or arrested without a warrant as a result of such an Book I of the Revised Penal Code shall be applicable to this Act.
accusation. The amount of damages shall be automatically charged
against the appropriations of the police agency or the Anti-Terrorism SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council,
Council that brought or sanctioned the filing of the charges against the hereinafter referred to, for brevity, as the "Council," is hereby created.
accused. It shall also be released within fifteen (15) days from the date of The members of the Council are: (1) the Executive Secretary, who shall
the acquittal of the accused. The award of damages mentioned above be its Chairperson; (2) the Secretary of Justice, who shall be its Vice
shall be without prejudice to the right of the acquitted accused to file Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary
criminal or administrative charges against those responsible for of National Defense; (5) the Secretary of the Interior and Local
charging him with the case of terrorism. Government; (6) the Secretary of Finance; and (7) the National Security
Advisor, as its other members.
Any officer, employee, personnel, or person who delays the release or
refuses to release the amounts awarded to the individual acquitted of The Council shall implement this Act and assume the responsibility for
the crime of terrorism as directed in the paragraph immediately the proper and effective implementation of the anti-terrorism policy of
preceding shall suffer the penalty of six months of imprisonment. the country. The Council shall keep records of its proceedings and
decisions. All records of the Council shall be subject to such security
If the deductions are less than the amounts due to the detained persons, classifications as the Council may, in its judgment and discretion, decide
the amount needed to complete the compensation shall be taken from to adopt to safeguard the safety of the people, the security of the
the current appropriations for intelligence, emergency, social or other Republic, and the welfare of the nation.
funds of the Office of the President.
The National Intelligence Coordinating Agency shall be the Secretariat of
In the event that the amount cannot be covered by the current budget of the Council. The Council shall define the powers, duties, and functions of
the police or law enforcement agency concerned, the amount shall be the National Intelligence Coordinating Agency as Secretariat of the
automatically included in the appropriations of the said agency for the Council. The National Bureau of Investigation, the Bureau of
coming year. Immigration, the Office of Civil Defense, the Intelligence Service of the
Armed Forces of the Philippines, the Anti-Money Laundering Council, the
SEC. 51. Duty to Record and Report the Name and Address of the Philippine Center on Transnational Crime, and the Philippine National
Informant. - The police or law enforcement officers to whom the name
Police intelligence and investigative elements shall serve as support are liable for the crime of terrorism or conspiracy to commit
agencies for the Council. terrorism;

The Council shall formulate and adopt comprehensive, adequate, 7. Establish and maintain coordination with and the cooperation
efficient, and effective anti-terrorism plans, programs, and counter- and assistance of other nations in the struggle against
measures to suppress and eradicate terrorism in the country and to international terrorism; and
protect the people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to exercise any 8. Request the Supreme Court to designate specific divisions of
judicial or quasi-judicial power or authority. the Court of Appeals and Regional Trial Courts in Manila, Cebu
City and Cagayan de Oro City, as the case may be, to handle all
SEC. 54. Functions of the Council. - In pursuit of its mandate in the cases involving the crime of terrorism or conspiracy to commit
previous Section, the Council shall have the following functions with due terrorism and all matters incident to said crimes. The Secretary
regard for the rights of the people as mandated by the Constitution and of Justice shall assign a team of prosecutors from: (a) Luzon to
pertinent laws: handle terrorism cases filed in the Regional Trial Court in Manila;
(b) from the Visayas to handle cases filed in Cebu City; and (c)
1. Formulate and adopt plans, programs and counter-measures from Mindanao to handle cases filed in Cagayan de Oro City.
against terrorists and acts of terrorism in the country;
SEC. 55. Role of the Commission on Human Rights. - The Commission
2. Coordinate all national efforts to suppress and eradicate acts on Human Rights shall give the highest priority to the investigation and
of terrorism in the country and mobilize the entire nation against prosecution of violations of civil and political rights of persons in
terrorism prescribed in this Act; relation to the implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to prosecute public
3. Direct the speedy investigation and prosecution of all persons officials, law enforcers, and other persons who may have violated the
accused or detained for the crime of terrorism or conspiracy to civil and political rights of persons suspected of, or detained for the
commit terrorism and other offenses punishable under this Act, crime of terrorism or conspiracy to commit terrorism.
and monitor the progress of their cases;
SEC. 56. Creation of a Grievance Committee. - There is hereby created a
4. Establish and maintain comprehensive data-base information Grievance Committee composed of the Ombudsman, as chair, and the
system on terrorism, terrorist activities, and counter-terrorism Solicitor General, and an undersecretary from the Department of Justice
operations; (DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the
5. Freeze the funds property, bank deposits, placements, trust implementation of this Act. The Committee shall hold office in Manila.
accounts, assets and records belonging to a person suspected of The Committee shall have three subcommittees that will be respectively
or charged with the crime of terrorism or conspiracy to commit headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao.
terrorism, pursuant to Republic Act No. 9160, otherwise known The subcommittees shall respectively hold office at the Offices of Deputy
as the Anti-Money Laundering Act of 2001, as amended; Ombudsman. Three Assistant Solicitors General designated by the
Solicitor General, and the regional prosecutors of the DOJ assigned to the
6. Grant monetary rewards and other incentives to informers regions where the Deputy Ombudsmen hold office shall be members
who give vital information leading to the apprehension, arrest, thereof. The three subcommittees shall assist the Grievance Committee
detention, prosecution, and conviction of person or persons who in receiving, investigating and evaluating complaints against the police
and other law enforcement officers in the implementation of this Act. If
the evidence warrants it, they may file the appropriate cases against the Public Order of both Houses who shall also Chair the Oversight
erring police and law enforcement officers. Unless seasonably disowned Committee in the order specified herein. The membership of the
or denounced by the complainants, decisions or judgments in the said Committee for every House shall at least have two opposition or
cases shall preclude the filing of other cases based on the same cause or minority members. The Joint Oversight Committee shall have its own
causes of action as those that were filed with the Grievance Committee independent counsel. The Chair of the Committee shall rotate every six
or its branches. months with the Senate chairing it for the first six months and the House
for the next six months. In every case, the ranking opposition or minority
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or member of the Committee shall be the Vice Chair. Upon the expiration of
convicted of the crime of terrorism shall be subjected to extraordinary one year after this Act is approved by the President, the Committee shall
rendition to any country unless his or her testimony is needed for review the Act particularly the provision that authorize the surveillance
terrorist related police investigations or judicial trials in the said country of suspects of or persons charged with the crime of terrorism. To that
and unless his or her human rights, including the right against torture, end, the Committee shall summon the police and law enforcement
and right to counsel, are officially assured by the requesting country and officers and the members of the Anti-Terrorism Council and require
transmitted accordingly and approved by the Department of Justice. them to answer questions from the members of Congress and to submit
a written report of the acts they have done in the implementation of the
SEC. 58. Extra-Territorial Application of this Act. - Subject to the law including the manner in which the persons suspected of or charged
provision of an existing treaty of which the Philippines is a signatory and with the crime of terrorism have been dealt with in their custody and
to any contrary provision of any law of preferential application, the from the date when the movements of the latter were subjected to
provisions of this Act shall apply: (1) to individual persons who commit surveillance and his or her correspondences, messages, conversations
any of the crimes defined and punished in this Act within the terrestrial and the like were listened to or subjected to monitoring, recording and
domain, interior waters, maritime zone, and airspace of the Philippines; tapping. Without prejudice to its submitting other reports, the
(2) to individual persons who, although physically outside the territorial Committee shall render a semiannual report to both Houses of Congress.
limits of the Philippines, commit, conspire or plot to commit any of the The report may include where necessary a recommendation to reassess
crimes defined and punished in this Act inside the territorial limits of the the effects of globalization on terrorist activities on the people, provide a
Philippines; (3) to individual persons who, although physically outside sunset clause to or amend any portion of the Act or to repeal the Act in
the territorial limits of the Philippines, commit any of the said crimes on its entirety. The courts dealing with anti-terrorism cases shall submit to
board Philippine ship or Philippine airship; (4) to individual persons Congress and the President a report every six months of the status of
who commit any of said crimes within any embassy, consulate, or anti-terrorism cases that have been filed with them starting from the
diplomatic premises belonging to or occupied by the Philippine date this Act is implemented.
government in an official capacity; (5) to individual persons who,
although physically outside the territorial limits of the Philippines, SEC. 60. Separability Clause. - If for any reason any part or provision of
commit said crimes against Philippine citizens or persons of Philippines this Act is declared unconstitutional or invalid, the other parts or
descent, where their citizenship or ethnicity was a factor in the provisions hereof which are not affected thereby shall remain and
commission of the crime; and (6) to individual persons who, although continue to be in full force and effect.
physically outside the territorial limits of the Philippines, commit said
crimes directly against the Philippine government. SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act
SEC. 59. Joint Oversight Committee. - There is hereby created a Joint are hereby repealed, amended, or modified accordingly.
Oversight Committee to oversee the implementation of this Act. The
Oversight Committee shall be composed of five members each from the SEC. 62. Special Effectivity Clause. - After the bill shall have been signed
Senate and the House in addition to the Chairs of the Committees of into law by the President, the Act shall be published in three newspapers
of national circulation; three newspapers of local circulation, one each in any person in authority or, agent of a person authority shall be
llocos Norte, Baguio City and Pampanga; three newspapers of local subjected to physical, psychological or mental harm, force,
circulation, one each in Cebu, lloilo and Tacloban; and three newspapers violence, threat or intimidation or any act that impairs his/her
of local circulation, one each in Cagayan de Oro, Davao and General free wi11 or in any manner demeans or degrades human dignity;
Santos city.
(c) To ensure that secret detention places, solitary,
The title of the Act and its provisions defining the acts of terrorism that incommunicado or other similar forms of detention, where
are punished shall be aired everyday at primetime for seven days, torture may be carried out with impunity, are prohibited; and
morning, noon and night over three national television and radio
networks; three radio and television networks, one each in Cebu, (d) To fully adhere to the principles and standards on the
Tacloban and lloilo; and in five radio and television networks, one each absolute condemnation and prohibition of torture as provided
in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City and for in the 1987 Philippine Constitution; various international
Zamboanga City. The publication in the newspapers of local circulation instruments to which the Philippines is a State party such as, but
and the announcements over local radio and television networks shall be not limited to, the International Covenant on Civil and Political
done in the dominant language of the community. After the publication Rights (ICCPR), the Convention on the Rights of the Child (CRC),
required above shall have been done, the Act shall take effect two the Convention on the Elimination of All Forms of Discrimination
months after the elections are held in May 2007. Thereafter, the Against Women (CEDA W) and the Convention Against Torture
provisions of this Act shall be automatically suspended one month and Other Cruel, Inhuman or Degrading Treatment or
before and two months as after the holding of any election. Punishment (CAT); and all other relevant international human
rights instruments to which the Philippines is a signatory.
REPUBLIC ACT N0. 9745
Section 3. Definitions. - For purposes of this Act, the following terms
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND shall mean:
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR (a) "Torture" refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person
Be it enacted by the Senate and House of Representatives of the Philippines for such purposes as obtaining from him/her or a third person
in Congress assembled: information or a confession; punishing him/her for an act he/she
or a third person has committed or is suspected of having
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act committed; or intimidating or coercing him/her or a third
of 2009". person; or for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of
Section 2. Statement of Policy. - It is hereby declared the policy of the or with the consent or acquiescence of a person in authority or
State: agent of a person in authority. It does not include pain or
Buffering arising only from, inherent in or incidental to lawful
(a) To value the dignity of every human person and guarantee sanctions.
full respect for human rights;
(b) "Other cruel, inhuman and degrading treatment or
(b) To ensure that the human rights of all persons, including punishment" refers to a deliberate and aggravated treatment or
suspects, detainees and prisoners are respected at all times; and punishment not enumerated under Section 4 of this Act, inflicted
that no person placed under investigation or held in custody of by a person in authority or agent of a person in authority against
 a person under his/her custody, which attains a level of severity (5) The submersion of the head in water or water
causing suffering, gross humiliation or debasement to the latter. polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
(c) "Victim" refers to the person subjected to torture or other
cruel, inhuman and degrading treatment or punishment as (6) Being tied or forced to assume fixed and stressful
defined above and any individual who has suffered harm as a bodily position;
result of any act(s) of torture, or other cruel, inhuman and
degrading treatment or punishment. (7) Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or electrical
(d) "Order of Battle" refers to any document or determination torture of the genitals;
made by the military, police or any law enforcement agency of
the government, listing the names of persons and organizations (8) Mutilation or amputation of the essential parts of the
that it perceives to be enemies of the State and that it considers body such as the genitalia, ear, tongue, etc.;
as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and international (9) Dental torture or the forced extraction of the teeth;
law.
(10) Pulling out of fingernails;
Section 4. Acts of Torture. - For purposes of this Act, torture shall
include, but not be limited to, the following: (11) Harmful exposure to the elements such as sunlight
and extreme cold;
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in (12) The use of plastic bag and other materials placed
authority upon another in his/her custody that causes severe over the head to the point of asphyxiation;
pain, exhaustion, disability or dysfunction of one or more parts
of the body, such as: (13) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person, such
(1) Systematic beating, headbanging, punching, kicking, as:
striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach; (i) The administration or drugs to induce confession
and/or reduce mental competency; or
(2) Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or (ii) The use of drugs to induce extreme pain or certain
substances not normally eaten; symptoms of a disease; and

(3) Electric shock; (14) Other analogous acts of physical torture; and

(4) Cigarette burning; burning by electrically heated (b) "Mental/Psychological Torture" refers to acts committed by a
rods, hot oil, acid; by the rubbing of pepper or other person in authority or agent of a person in authority which are
chemical substances on mucous membranes, or acids or calculated to affect or confuse the mind and/or undermine a
spices directly on the wound(s); person's dignity and morale, such as:
 (1) Blindfolding; person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment
(2) Threatening a person(s) or his/fher relative(s) with of the level of severity shall depend on all the circumstances of the case,
bodily harm, execution or other wrongful acts; including the duration of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion, age and state of
(3) Confinement in solitary cells or secret detention health of the victim.
places;
Section 6. Freedom from Torture and Other Cruel, Inhuman and
(4) Prolonged interrogation; Degrading Treatment or Punishment, An Absolute Bight. - Torture and
other cruel, inhuman and degrading treatment or punishment as
(5) Preparing a prisoner for a "show trial", public display criminal acts shall apply to all circumstances. A state of war or a threat of
or public humiliation of a detainee or prisoner; war, internal political instability, or any other public emergency, or a
document or any determination comprising an "order of battle" shall not
(6) Causing unscheduled transfer of a person deprived of and can never be invoked as a justification for torture and other cruel,
liberty from one place to another, creating the belief that inhuman and degrading treatment or punishment.
he/she shall be summarily executed;
Section 7. Prohibited Detention. - Secret detention places, solitary
(7) Maltreating a member/s of a person's family; confinement, incommunicado or other similar forms of detention, where
torture may be carried out with impunity. Are hereby prohibited.
(8) Causing the torture sessions to be witnessed by the
person's family, relatives or any third party; In which case, the Philippine National Police (PNP), the Armed Forces of
the Philippines (AFP) and other law enforcement. agencies concerned
shall make an updated list of all detention centers and facilities under
(9) Denial of sleep/rest;
their respective jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein such as, among
(10) Shame infliction such as stripping the person naked,
others, names, date of arrest and incarceration, and the crime or offense
parading him/her in public places, shaving the victim's
committed. This list shall be made available to the public at all times,
head or putting marks on his/her body against his/her
with a copy of the complete list available at the respective national
will;
headquarters of the PNP and AFP. A copy of the complete list shall
likewise be submitted by the PNP, AFP and all other law enforcement
(11) Deliberately prohibiting the victim to communicate agencies to the Commission on Human Rights (CHR), such list to be
with any member of his/her family; and periodically updated, by the same agencies, within the first five (5) days
of every month at the minimum. Every regional office of the PNP, AFP
(12) Other analogous acts of mental/psychological and other law enforcement agencies shall also maintain a similar list far
torture. all detainees and detention facilities within their respective areas, and
shall make the same available to the public at all times at their
Section 5. Other Cruel, Inhuman and Degrading Treatment or respective regional headquarters, and submit a copy. updated in the
Punishment. - Other cruel, inhuman or degrading treatment or same manner provided above, to the respective regional offices of the
punishment refers to a deliberate and aggravated treatment or CHR.
punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against another
Section 8. Applicability of the Exclusionary Rule; Exception. - Any Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall
confession, admission or statement obtained as a result of torture shall render legal assistance in the investigation and monitoring and/or filing
be inadmissible in evidence in any proceedings, except if the same is of the complaint for a person who suffers torture and other cruel,
used as evidence against a person or persons accused of committing inhuman and degrading treatment or punishment, or for any interested
torture. party thereto.

Section 9. Institutional Protection of Torture Victims and Other Persons The victim or interested party may also seek legal assistance from the
Involved. - A victim of torture shall have the following rights in the Barangay Human Rights Action Center (BRRAC) nearest him/her as well
institution of a criminal complaint for torture: as from human rights nongovernment organizations (NGOs).

(a) To have a prompt and an impartial investigation by the CHR Section 12. Right to' Physical, Medical and Psychological Examination. -
and by agencies of government concerned such as the Before and after interrogation, every person arrested, detained or under
Department of Justice (DOJ), the Public Attorney's Office (PAO), custodial investigation shall have the right to he informed of his/her
the PNP, the National Bureau of Investigation (NBI) and the AFP. right to demand physical examination by an independent and competent
A prompt investigation shall mean a maximum period of sixty doctor of his/her own choice. If such person cannot afford the services of
(60) working days from the time a complaint for torture is filed his/her own doctor, he/she shall he provided by the State with a
within which an investigation report and/or resolution shall be competent and independent doctor to conduct physical examination.
completed and made available. An appeal whenever available The State shall endeavor to provide the victim with psychological
shall be resolved within the same period prescribed herein, evaluation if available under the circumstances. If the person arrested is
a female, she shall be attended to preferably by a female doctor.
(b) To have sufficient government protection against all forms of Furthermore, any person arrested, detained or under custodial
harassment; threat and/or intimidation as a consequence of the investigation, including his/her immediate family, shall have the right to
filing of said complaint or the presentation of evidence therefor. immediate access to proper and adequate medical treatment. The
In which case, the State through its appropriate agencies shall physical examination and/or psychological evaluation of the victim shall
afford security in order to ensure his/her safety and all other be contained in a medical report, duly signed by the attending physician,
persons involved in the investigation and prosecution such as, which shall include in detail his/her medical history and findings, and
but not limited to, his/her lawyer, witnesses and relatives; and which shall he attached to the custodial investigation report. Such report
shall be considered a public document.
(c) To be accorded sufficient protection in the manner by which
he/she testifies and presents evidence in any fora in order to Following applicable protocol agreed upon by agencies tasked to
avoid further trauma. conduct physical, psychological and mental examinations, the medical
reports shall, among others, include:
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas
Data Proceedings and Compliance with a Judicial 07'der. - A writ of (a) The name, age and address of the patient or victim;
habeas corpus or writ of amparo or writ of habeas data proceeding, if
any, filed on behalf of the victim of torture or other cruel, degrading and (b) The name and address of the nearest kin of the patient or
inhuman treatment or punishment shall be disposed of expeditiously victim;
and any order of release by virtue thereof, or other appropriate order of
a court relative thereto, shall be executed or complied with immediately. (c) The name and address of the person who brought the patient
or victim for physical, psychological and mental examination,
and/or medical treatment;
 (d) The nature and probable cause of the patient or victim's within his/her area of responsibility and, despite such knowledge, did
injury, pain and disease and/or trauma; not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to
(e) The approximate time and date when the injury, pain, disease prevent or investigate allegations of torture or other cruel, inhuman and
and/or trauma was/were sustained; degrading treatment or punishment but failed to prevent or investigate
allegations of such act, whether deliberately or due to negligence shall
(f) The place where the injury, pain, disease and/or trauma also be liable as principals.
was/were sustained;
Any public officer or employee shall be liable as an accessory if he/she
(g) The time, date and nature of treatment necessary; and has knowledge that torture or other cruel, inhuman and degrading
treatment or punishment is being committed and without having
(h) The diagnosis, the prognosis and/or disposition of the participated therein, either as principal or accomplice, takes part
patient. subsequent to its commission in any of the following manner:

Any person who does not wish to avail of the rights under this (a) By themselves profiting from or assisting the offender to
pr<;lvision may knowingly and voluntarily waive such rights in writing, profit from the effects of the act of torture or other cruel,
executed in the presence and assistance of his/her counsel. inhuman and degrading treatment or punishment;

Section 13. Who are Criminally Liable. - Any person who actually (b) By concealing the act of torture or other cruel, inhuman and
participated Or induced another in the commission of torture or other degrading treatment or punishment and/or destroying the
cruel, inhuman and degrading treatment or punishment or who effects or instruments thereof in order to prevent its discovery;
cooperated in the execution of the act of torture or other cruel, inhuman or(c) By harboring, concealing or assisting m the escape of the
and degrading treatment or punishment by previous or simultaneous principal/s in the act of torture or other cruel, inhuman and
acts shall be liable as principal degrading treatment or punishment: Provided, That the
accessory acts are done with the abuse of the official's public
Any superior military, police or law enforcement officer or senior functions.
government official who issued an order to any lower ranking personnel
to commit torture for whatever purpose shall be held equally liable as Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be
principals. imposed upon the perpetrators of the following acts:

The immediate commanding officer of the unit concerned of the AFP or (1) Torture resulting in the death of any person;
the immediate senior public official of the PNP and other law
enforcement agencies shall be held liable as a principal to the crime of (2) Torture resulting in mutilation;
torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by (3) Torture with rape;
him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her subordinates. If (4) Torture with other forms of sexual abuse and, in
he/she has knowledge of or, owing to the circumstances at the time, consequence of torture, the victim shall have become
should have known that acts of torture or other cruel, inhuman and insane, imbecile, impotent, blind or maimed for life; and
degrading treatment or punishment shall be committed, is being
committed, or has been committed by his/her subordinates or by others (5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those (i) The penalty of prision correccional shall be imposed upon
who commit any act of mental/psychological torture resulting in those who establish, operate and maintain secret detention
insanity, complete or partial amnesia, fear of becoming insane or places and/or effect or cause to effect solitary confinement,
suicidal tendencies of the victim due to guilt, worthlessness or incommunicado or other similar forms of prohibited detention
shame. as provided in Section 7 of this Act where torture may be carried
out with impunity.
(c) The penalty of prision correccional shall be imposed on those
who commit any act of torture resulting in psychological, mental (j) The penalty of arresto mayor shall be imposed upon the
and emotional harm other than those described 1n paragraph responsible officers or personnel of the AFP, the PNP and other
(b) of this section. ' law enforcement agencies for failure to perform his/her duty to
maintain, submit or make available to the public an updated list
(d) The penalty of prision mayor in its medium and maximum of detention centers and facilities with the corresponding data
periods shall be imposed if, in consequence of torture, the victim on the prisoners or detainees incarcerated or detained therein,
shall have lost the power of speech or the power to hear or to pursuant to Section 7 of this Act.
smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or
shall have lost the use of any such member; Or shall have become Section 15. Torture as a Separate and Independent Crime. - Torture as a
permanently incapacitated for labor. crime shall not absorb or shall not be absorbed by any other crime or
felony committed as a consequence, or as a means in the conduct or
(e) The penalty of prision mayor in its minimum and medium commission thereof. In which case, torture shall be treated as a separate
periods shall be imposed if, in consequence of torture, the victim and independent criminal act whose penalties shall be imposable
shall have become deformed or shall have lost any part of without prejudice to any other criminal liability provided for by
his/her body other than those aforecited, or shall have lost the domestic and international laws.
use thereof, or shall have been ill or incapacitated for labor for a
period of more than ninety (90) days. Section 16. Exclusion from the Coverage of Special Amnesty Law. - In
order not to depreciate the crime of torture, persons who have
(f) The penalty of prision correccional in its maximum period to committed any act of torture shall not benefit from any special amnesty
prision mayor in its minimum period shall be imposed if, in law or similar measures that will have the effect of exempting them from
consequence of torture, the victim shall have been ill or any criminal proceedings and sanctions.
incapacitated for labor for mare than thirty (30) days but not
more than ninety (90) days. Section 17. Applicability of Refouler. - No person shall be expelled,
returned or extradited to another State where there are substantial
(g) The penalty of prision correccional in its minimum and grounds to believe that such person shall be in danger of being subjected
medium period shall be imposed if, in consequence of torture, to torture. For the purposes of determining whether such grounds exist,
the victim shall have been ill or incapacitated for labor for thirty the Secretary of the Department of Foreign Affairs (DFA) and the
(30) days or less. Secretary of the DOJ, in coordination with the Chairperson of the CHR,
shall take into account all relevant considerations including, where
(h) The penalty of arresto mayor shall be imposed for acts applicable and not limited to, the existence in the requesting State of a
constituting cruel, inhuman or degrading treatment or consistent pattern of gross, flagrant or mass violations of human rights.
punishment as defined in Section 5 of this Act.
Section 18. Compensation to Victims of Torture. - Any person who has
suffered torture shall have the right to claim for compensation as
provided for under Republic Act No. 7309: Provided, That in no case ensure the integration of human rights education courses in all primary,
shall compensation be any lower than Ten thousand pesos (P10,000.00). secondary and tertiary level academic institutions nationwide.
Victims of torture shall also have the right to claim for compensation
from such other financial relief programs that may be made available to Section 22. Applicability of the Revised Penal Code. - The provisions of
him/her under existing law and rules and regulations. the Revised Penal Code insofar as they are applicable shall be suppletory
to this Act. Moreover, if the commission of any crime punishable under
Section 19. Formulation of a Rehabilitation Program. - Within one (1) Title Eight (Crimes Against Persons) and Title Nine (Crimes Against
year from the effectivity of this Act, the Department of Social Welfare Personal Liberty and Security) of the Revised Penal Code is attended by
and Development (DSWD), the DOJ and the Department of Health (DOH) any of the acts constituting torture and other cruel, inhuman and
and such other concerned government agencies, and human rights degrading treatment or punishment as defined herein, the penalty to be
organizations shall formulate a comprehensive rehabilitation program imposed shall be in its maximum period.
for victims of torture and their families. The DSWD, the DOJ and thc DOH
shall also call on human rights nongovernment organizations duly Section 23. Appropriations. - The amount of Five million pesos
recognized by the government to actively participate in the formulation (Php5,000,000.00) is hereby appropriated to the CHR for the initial
of such program that shall provide for the physical, mental, social, implementation of tills Act. Thereafter, such sums as may be necessary
psychological healing and development of victims of torture and their for the continued implementation of this Act shall be included in the
families. Toward the attainment of restorative justice, a parallel annual General Appropriations Act.
rehabilitation program for persons who have committed torture and
other cruel, inhuman and degrading punishment shall likewise be Section 24. Implementing Rules and Regulations. - The DOJ and the CHR,
formulated by the same agencies. with the active participation of human rights nongovernmental
organizations, shall promulgate the rules and regulations for the
Section 20. Monitoring of Compliance with this Act. - An Oversight effective implementation of tills Act. They shall also ensure the full
Committee is hereby created to periodically oversee the implementation dissemination of such rules and regulations to all officers and members
of this Act. The Committee shall be headed by a Commissioner of the of various law enforcement agencies.
CRR, with the following as members: the Chairperson of the Senate
Committee on Justice and Human Rights, the respective Chairpersons of Section 25. Separability Clause. - If any provision of this Act is declared
the House of Representatives' Committees on Justice and Human Rights, invalid or unconstitutional, the other provisions not affected thereby
and the Minority Leaders of both houses or their respective shall continue to be in full force and effect.
representatives in the minority.
Section 26. Repealing Clause. - All laws, decrees, executive orders or
Section 21. Education and Information Campaign. - The CHR, the DOJ, rules and regulations contrary to or inconsistent with the provisions of
the Department of National Defense (DND), the Department of the this Act are hereby repealed or modified accordingly.
Interior and Local Government (DILG) and such other concerned parties
in both the public and private sectors shall ensure that education and Section 27. Effectivity. - This Act shall take effect fifteen (15) days after
information regarding prohibition against torture and other cruel, its publication in the Official Gazette or in at least two (2) newspapers of
inhuman and degrading treatment or punishment shall be fully included general circulation.
in the training of law enforcement personnel, civil or military, medical
personnel, public officials and other persons who may be involved in the
custody, interrogation or treatment of any individual subjected to any
form of arrest, detention or imprisonment. The Department of Education
(DepED) and the Commission on Higher Education (CHED) shall also