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Special Penal Laws: THE HUMAN SECURITY ACT OF 2007 (Republic Act 9372)
REPUBLIC ACT NO. 9372
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
Be it enacted by the Senate and H ouse of Representatives of the Phil ippines in Congress
assembled:
SECTION 1. Shor t Titl e. This Act shall henceforth be known as the Human
Security Act of 2007.
The title is adequately apt and sufficiently serves the contents of the law as it
contemplates the security and safety of human life.
The Human Security Act of 2007 incepted from two bills representing the House of
Representatives and the Senate. The Houses bill was designated as Bill No. 4839 entitled:
AN ACT DEFINING TERRORISM, ESTABLISHING INSTITUTIONAL MECHANISM TO
PREVENT AND SUPRESS ITS COMMISSION, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES.
The Senate Bill on the other hand was designated as Bill 2137 entitled:
AN ACT TO DETER AND PUNISH ACTS OF TERRORISM AND FOR OTHERPURPOSES.
The consolidated proposals concluded with the present title: The Human Security Act of 2007.
Its enactment was purposefully done in pursuant to the United Nations Global Counter-
Terrorism Strategy in 2009 where Member States have agreed that each country they are
representing exert efforts to produce a global strategy to counter terrorism1. Such strategy
includes the measures on how to deter and obliterate the possibilities of terrorism in each and
every country. The United States of America, for instance, enacted the PATRIOT ACT as theirstrategy to counter terrorism and was enacted 43 days after the 9/11 bombing incident happened
at the World Trade Center in New York City on the 11th
of September of 2001. The act is an
1Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 4, 5)
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acronym which stands for Providing Appropriate Tootles Required to Intercept and Obstruct
Terrorism Act of 2001.2
SEC. 2. Declaration of Policy. It is declared a policy of the State to protect life,liberty, and property from acts of terrorism, to condemn terrorism as inimical and
dangerous to the national security of the country and to the welfare of the people, and to
make terrorism a crime against the Filipino people, against humanity, and against the law
of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into
account the root causes of terrorism without acknowledging these as justifications for
terrorist and/or criminal activities. Such measures shall include conflict management and
post-conflict peace-building, addressing the roots of conflict by building state capacity and
promoting equitable economic development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of
constitutionally recognized powers of the executive branch of the government. It is to be
understood, however, that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights
which shall be absolute and protected at all times.
The obligation of the State to protect the citizens of the Philippines has originally sprung
and is primarily grounded on the Constitution itself. The sovereigns security is an imperative
duty incumbent upon them. To wit:
Sec. 4.The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and in the fulfillment thereof, all citizens may be
required, military or civil service.
2Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 1)
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Sec. 5.The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.3
SEC. 3. Terrorism. Any person who commits an act punishable under any of the
following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup dEtat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction)
Or under:
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
Philippine Law does not precisely define Terrorism into a concise manner which confines
the understanding in a limited depiction but instead, enumerates unlawful acts already defined as
felony under the Revised Penal Code of the Philippines and other special laws which may
consequently result into Terrorism.
3ART. II, Sections. 4, 5. 1987 Constitution
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Terrorism is not exactly unfathomable and a list of felonies would actually amount to such.
There has been no consensus yet as to what is its precise definition. However, one of the bills of
the Senate from which the Human Security incepted categorically defined Terrorism which
apparently was not adopted in the enacted law. To wit:
House Bill No. 4839, Section 3 defines terrorism as:
Sec. 3. Terrorism Terrorism is the premeditated threatened or actual use of violence or force
or any other means that deliberately tend to cause or actually harm to persons, or of force and
other destructive means against property or the environment, with the intention of creating or
sowing a state of danger, panic, fear, or chaos to the general public or segment thereof, or of
coercing or intimidating the government to do or refrain from doing an act.4
Section 4 of the same house bill describes how it is committed:
Sec. 4. Terrorism; How Committed.Terrorism is committed by any person or group of persons
whether natural or juridical, state or non-state actors alike who deliberately causes harm to
persons and property, and creates a state of danger, panic, fear, and chaos to the general civilian
population, or who coerces or intimidates the government to do any invalid act or refrain from
doing a valid act by the commission of any of the following acts:
(1) Threatening or causing death or serious bodily harm to person or persons;
(2) Threatening or causing serious risk to health or safety of the public or any segment of the
public;
(3) Threatening or causing substantial damage or wanton destruction or resorting to arson on
critical infrastructure or property, public or private;
(4) Hijacking or threatening to hijack any kind of aircraft, electric or railroad train, locomotive,
passenger bus of other means of mass transportation, or public conveyance, or privacy of ship or
sea vessel;
(5) Kidnapping or serious illegal detention of any civilian;
4Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 9, 10)
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(6) Killing or violently attacking an internationally protected person or depriving such person of
liberty in violation of the Convention of the Protection and Punishment of Crimes Against
Internationally Protected Persons, including diplomatic agents, and other international
agreements;
(7) Attacking or threatening to attack the cyberspace by destroying information and
communication infrastructure or the information technology underlying the internet, government
or private networks or system: or committing any act against networks or systems; or committing
any act against network servers, computers or other information and communication systems;
(8) Willfully destroying natural resources in land, water and air, such as forests or marine
mineral resources, or internationally causing oil or toxic spillages, or other similar acts of
destruction against the environment that threatens ecological security;
(9) Unlawfully manufacturing, processing, selling, acquiring, possessing, using, diverting,
supplying, or transporting chemical, biological, radiological or nuclear agents or equipment and
instruments used in their production, distribution, release or spread; or
(10) Unlawfully manufacturing, selling, acquiring, supplying, disposing, using or possessing
explosives, bombs, grenades, projectiles, devices, or other lethal weapons or substances of
machinery used or intended to be used for the manufacture of explosives in furtherance of,
incident to or in connection with an act of terrorism as defined he rein.5
The following are felonies under the Revised Penal Code which the Human Security Act of 2007
considers as acts of Terrorism:
1.) Article 122. Piracy in General and Mutiny in the High Seas or in the Philippine Waters.The penalty of reclusion perpetua shall be inflicted upon any person who, in the high
seas or Philippine waters, shall attack or seize a vessel or, not being a member of its
5Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 10, 11)
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complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters. (As amended by Sec. 3, R.A. 7659)
In the case of People v. Lol-lo, et al., (43 Phil. 19), Piracy is defined as a robbery or forcible
depredation on the high seas, without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
The Revised Penal Code provides that there are two ways to commit piracy, to wit: 1) By
attacking or seizing a vessel on the high seas or in the Philippine waters; 2) By seizing in the
vessel while on the high seas or in Philippine waters the whole orpart of its cargo, its equipment
orpersonal belongings of its complement or passengers.6
For Piracy to be consummated, the following elements must concur: 1. That a vessel is on the
high seas or in Philippine waters; 2. That the offenders are not members of its complement or
passengers of the vessel; 3. That the offenders (a) attack or seize the vessel, or (b) seize the
whole or part of the cargo of said vessel, its equipment or personal belongings of its complement
or passengers.7
Mutiny on the other hand, is defined as to rise against lawful or constituted authority,
particularly in the naval or military service.8 The code provides that it may be committed by
passengers of the vessel itself but is usually committed by other members of the complement and
is done on the high seas or in the Philippine waters.9
Former Court of Appeals Assoc. Justice Luis B. Reyes classified Piracy and Mutiny when it is
considered Terrorism:
Under Republic Act No. 9372, otherwise known as the Human Security Act of 2007, approved on
March 6, 2007, a persons who commits an act punishable as piracy and mutiny under Article 122 thereby
6Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 31, 32)
7Id. (page 32)
8Black, H. (Sixth Ed.) (1990). B lacks Law Dictionary. St. Paul, Minnesota: West Publishing Co,
9Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 33)
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sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism,
and shall suffer the penalty of forty years of imprisonment without the benefit of parole.10
2.) Article 134. Rebellion or Insurrection; How committed. The crime of rebellion or
insurrection is committed by rising publicly and taking arms against the Government
for the purpose of removing from the allegiance to said Government or its laws, the
territory of the Philippine Islands or any part thereof, of any body of land, naval or
other armed forces, depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives. (As amended by R.A. 6968).
Rebellion and Insurrection, defined and distinguished:
Rebellion is to completely overthrow the object of the movement and tosupersede the existing
government. Insurrection on the other hand is usually referred to a movement which seeks
merely to effect some change of minor importanceor toprevent the exercise of governmental
authority with respect to particular matters or subjects.11
The elements of Article 134 are as follows:
1.) That there be (a) public uprising, and (b) taking arms against the Government;2.) That thepurpose of the uprising or movement is either
a) to remove from the allegiance to said Government or its laws:i) the territory of the Philippines or any part thereof; orii) any body of land, naval or other armed forces; or
b) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers ofc) their prerogatives.12
At par with the crime of Piracy and Mutiny on the high seas or Philippine waters, for Rebellion
and Insurrection to be committed as Terrorism, a person is considered guilty of terrorism if he
commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition
10Id. (page 34)
11Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 85, 86)
12Id. (page 85)
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4. On occasion of any of the calamities enumerated in the preceding paragraph, or of anearthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
The elements of murder are as follows:
1. That a person was killed.2. That the accused killed him.3. That the killing was attended by any of the qualifying circumstances mentioned in
Article 248.4. The killing is not parricide or infanticide.15
The circumstances which qualify a killing of a person as murder are:
1.) With treacheryInPeople v. Aguilar, the killing of victims was done treacherously whenthe shooting unexpected and sudden that the victims are not in the position to defend
themselves.
The means, methods or forms of attack must be consciously adoptedby the perpetrator of the
crime as to amount to treachery.16
Taking advantage of superior strengthAn example of which is when a man has a weapon
and takes advantage of such fact to kill someone.
With the aid of armed menIn U.S. v. Abaigar, it was held that for the circumstance to be
present, the armed men must take part in the commission of the crime whether directly or
indirectly.
Employing means to weaken the defense In U.S. v. Devala, a person who unexpectedly
throws a cloak over the head of another while in the event of murdering him is an
instance of such qualifying circumstance.17
15Id. (page 496)
16Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 498)
17Id. (page 499)
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2) In consideration of a price, reward or promise In U.S. v. Parro and U.S. v. Alim, there
are two personalities illustrated:
a) Principal by induction the person who gave the price or reward or who made thepromise;
b) Principal by direct participationthe person who received the price or who accepted apromise of price or reward were it not for such consideration, he would not have killed
the victim.18
3) By means of fire, poison, explosion, etc. an example of which is when a homicide is
committed by poison, the intent to kill must be intertwined with the actual use of poison
and such would be used to attain the desire to murder a person.19
4) With evident premeditationThree things which the prosecution must prove to constitute
that such circumstance is present inculcated in the cases of People v. Leano and People v.
Causi:
a) the time the perpetrator determined the killing of his victim;b) the act of the perpetrator that he pursued to kill the victim grounded on his desire and
intent;
c) that there was a sufficient lapse of time between the period of determination &execution.
20
5) With cruelty Such circumstance exist if the wounds inflicted upon the victim are
deliberately or intently done by the perpetrator of the crime and such has nothing to do
with the killing of the victim. While injuries are inflicted upon the victim, he has to be
alive.21
18Id. (page 500)
19Id. Id.
20Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 502)
21Id.
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it need not be the case that the person is placed in an inclosure but the act of detaining him and
depriving him of his liberty unlawfully in each and every manner constitutes illegal detention.22
6.) Art. 324. Crimes involving destruction. Any person who shall cause destruction by
means of explosion, discharge of electric current, inundation, sinking or stranding of avessel, intentional damaging of the engine of said vessel, taking up the rails from a
railway track, maliciously changing railway signals for the safety of moving trains,
destroying telegraph wires and telegraph posts, or those of any other system, and, in
general, by using any other agency or means of destruction as effective as those above
enumerated, shall be punished by reclusion temporal if the commission has endangered
the safety of any person, otherwise, the penalty of prision mayor shall be imposed.
The elements of crimes involving destruction are as follows:
1. The offender causes destruction.2. Destruction is caused by any of the following means:
a. explosionb. discharge of electric currentc. inundation, sinking or stranding of a vessel, or intentional damaging of the engine of
saidvessel
d. taking up the rails from railway tracke. maliciously changing railway signals for the safety of moving trainsf. destroying telegraph wires and telegraph posts or those of any other systemg. using any other agency or means of destruction as effective as those above enumerated23
Contrasting crimes involving destruction with terrorism, a person who commits an act which
amounts to Crimes Involving Destruction of the Revised Penal Code under Article 324, which
sows and creates a condition of widespread and extraordinary fear and panic among the populace
with the intent to coerce the government to give in to an unlawful demand shall be guilty of
terrorism and shall suffer 40 years of imprisonment without the benefit of parole.24
22Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 579)
23Id. (page 879, 880)
24Id. (page 880)
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Special Laws
1. Presidential Decree 1613This statute which was enacted by President Ferdinand Marcos amended the law on arson
found under the Revised Penal Code it was again amended by Republic Act No. 7659.25
Section 2.Destructive Arson.The penalty of Reclusion Temporal in its maximum period toReclusion Perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture,education or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance fortransportation of persons or property
4. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,public or private market, theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested
area.26
2. Republic Act No. 6969
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,
AND FOR OTHER PURPOSES
Section 13.Prohibited Acts. The following acts and omissions shall be considered
unlawful:
a) Knowingly use a chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or
orders;
b) Failure or refusal to submit reports, notices or other information, access to records, as
required by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
25Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 56)
26Presidential Decree 1613 (1979), Sec. 2
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c) Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing
into Philippines territory, including its maritime economic zones, even in transit, either
by means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.27
3. Republic Act No. 5207AN ACT PROVIDING FOR THE LICENSING AND REGULATION OF ATOMIC
ENERGY FACILITIES AND MATERIALS, ESTABLISHING THE RULES ON
LIABILITY FOR NUCLEAR DAMAGE, AND FOR OTHER PURPOSES.28
4. Republic Act No. 6235AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND
FOR OTHER PURPOSES.
Section 1.It shall be unlawful for any person to compel a change in the course or
destination of an aircraft of Philippine registry, or to seize or usurp the control thereof,
while it is in flight. An aircraft is in flight from the moment all its external doors are closed
following embarkation until any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the control thereof while it is within the said
territory.
Section 2.Any person violating any provision of the foregoing section shall be punished by
an imprisonment of not less than twelve years but not more than twenty years, or by a fine
of not less than twenty thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five
thousand pesos but not more than fifty thousand pesos shall be imposed upon any person
committing such violation under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
27Republic Act No. 6969 (1990), Sec. 13
28Republic Act No. 5207 (1968)
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2. Whenever he has exploded or attempted to explode any bomb or explosive
to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or
rape.
Section 3.It shall be unlawful for any person, natural or juridical, to ship, load or carry in
any passenger aircraftoperating as a public utility within the Philippines, and explosive,
flammable, corrosive or poisonous substance or material.29
5. Presidential Decree 532ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
Section 2.Definition of Terms.The following terms shall mean and be understood, as
follows:
x x x
d. Piracy.Any attack upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or intimidation of persons orforce upon things, committed by any person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders
shall be considered as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage.The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violenceagainst or intimidation of person or force upon things of other unlawful means, committed by
any person on any Philippine Highway.30
x x x
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway
robbery/brigandage.Any person who knowingly and in any manner aids or protects pirates
or highway robbers/brigands, such as giving them information about the movement of policeor other peace officers of the government, or acquires or receives property taken by such
pirates or brigands or in any manner derives any benefit therefrom; or any person whodirectly or indirectly abets the commission of piracy or highway robbery or brigandage, shall
29Republic Act No. 6235 (1971), Sec. 1-3
30Presidential Decree 532 (1974), Sec. 2 (d) and (e)
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be considered as an accomplice of the principal offenders and be punished in accordance
with the Rules prescribed by the Revised Penal Code.31
6.
Presidential Decree 1866
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND
FOR RELEVANT PURPOSES
If the offender committed illegal possession of firearms in furtherance of terrorism, he
can be held liable for the crime of terrorism under Section 3 of Republic Act No. 9372 or illegal
possession of explosives under Section 3 of Presidential Decree 1866 (PD 1866) as amended by
Republic Act No. 9516.
Under Section 3-C of PD 1866, when illegal possession of explosives is a necessary
means for committing any of the crimes defined in the Revised Penal Code or special laws, or is
in furtherance of, incident to, in connection with, by reason of, or on occasion of any of the
crimes defined in the Revised Penal Code or special laws, the penalty of reclusion perpetua and a
fine ranging from One hundred Thousand pesos (P100,000.00) to One million pesos(P1,000,000.00) shall be imposed.
32
SECTION 4. Conspir acy to Commit Terror ism.--- Persons who conspire to commit
the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 3 hereof and decide to commit
the same.
31Presidential Decree 532 (1974), Sec. 4
32Campanilla, M.B. (2010). Special Penal Laws Volume II. Manila: Rex Bookstore (page 206)
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There are three versions of the definition of the conspiracy and proposal to commit
terrorism from the Revised Penal Code, House Version and the Senate Version. However, in the
human security act, only conspiracy is mentioned and left out proposal to commit terrorism.
Article 8 of the Revised Penal Code states: Conspiracy and proposal to commit felony.-
Conspiracy and proposal to commit felony are punishable only in cases in which the law
specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.
House version:
Sec. 6. Conspiracy and Proposal to Commit Terrorism.--- There is a conspiracy to
commit terrorism when two or more persons come to an agreement to commit any act of
terrorism as defined herein and decide to commit it.
There is proposal to commit terrorism when any person who has decided to commit any
act of terrorism as defined herein proposes its execution to some other person or persons.
There is conspiracy and proposal to commit any act of terrorism shall be punished by
imprisonment of not less than six years and one day but not more than twelve years and a
fine of one million pesos.Provided, that, if the offender is a government official or employee
who used or abused his office in the commission of a terrorist act, the maximum penalty and the
accessory penalty of perpetual absolute disqualification to hold public office shall be imposed.
Senate version:
Conspiracy or Proposal to Commit Terrorism.--- There is conspiracy to commit
terrorism when two or more persons come to an agreement to commit any act of terrorism as
defined herein and decided to commit it.
There is proposal to commit terrorism when any person who has decided , to commit any
act of terrorism as defined herein proposes its execution to some other person or persons.
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Any person who conspires to commit any act of terrorism shall be punished by
imprisonment of not less than ten years to fifteen years and a fine of five million pesos.
Any person who proposes the commission of any act of terrorism shall be punished by
imprisonment of not less than six years and one day but not more than ten years and a fine of
three million pesos.
Provided if the offender is a government official or employee or has retired, resigned
dismissed, or otherwise separated from the government service, the maximum penalty and the
accessory penalty of perpetual disqualification to hold public office shall be imposed.33
All three definitions of what conspiracy and proposal to commit terrorism is, are alike
and the difference from all the versions is the penalty imposable to the offenders. However, in
the definitions given, proposal to commit terrorism was covered in the same article or section
while in section 4 of the Human Security Act of 2007, only conspiracy to commit terrorism is
punishable. Conspiracy, again, is when two or morepersons come to an agreement concerning
the commission of the crime of terrorism and decide to commit it.
It is a common design which is the essence of conspiracy--- conspirators may act separately or
together by commission on different manner but always leading to the same unlawful result. The
character and effect of conspiracy are not to be adjudged by dismembering it and viewing its
separate parts but only by looking at it as a whole-- acts done to give effect to conspiracy may
be, in fact, wholly innocent facts. (Preferred Home Specialties, Inc. vs. CA, 478 SCRA 387)
By statutory definition, conspiracy exists when two or more persons come to an agre ement
concerning the commission of a felony and decide to commit it. Venturing into the gray areas of
the concept of conspiracy, petitioner cites the following obiter defining implied conspiracy,
thus:
When by their acts, two or more persons proceed toward the accomplishment of the same
felonious object, with each doing his act, so that their acts though seemingly independent were in
33Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 124-125)
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fact connected, showing a closeness of formal association and concurrence of sentiment,
conspiracy may be inferred.
Admittedly, direct proof is not essential to establish conspiracy. Since by its nature
conspiracy is planned in utmost secrecy, it can rarely be proved by direct evidence.
Consequently, the presence of the concurrence of minds which is involved in conspiracy may be
inferred from proof of facts and circumstances which, taken together, apparently indicate that
they are merely parts of some complete whole. If it is proved that two or more persons aimed by
their acts towards the accomplishment of the same unlawful object, each doing a part so that
their combined acts, though apparently independent, were in fact connected and cooperative,
indicating a closeness of personal association and a concurrence of sentiment, a conspiracy may
be inferred though no actual meeting among them to concert is proved. That would be termed an
implied conspiracy. (People vs. Jose Jinggoy Estrada, G.R. No. 158754, August 10, 2007)
SEC. 5 Accomplice.--- Any person who, not being a principal under Article 17 of the
Revised Penal Code or a conspirator as defined is Section 4 hereof, cooperated in the
execution of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from seventeen years, four months one day to
twenty years of imprisonment.
To hold a person liable as an accomplice, two elements must concur:
a. the community of criminal design of the principal by direct participation, he concurs withthe latter in his purpose;
b. the performance of previous or simultaneous acts that are not indispensable to thecommission of the crime. (People vs. Pilola, 405 SCRA 134)
34
Article 18 of the Revised Penal Code defines accomplices as "those persons who, not being
included in Article 17, cooperate in the execution of the offense by previous or simultaneous
acts."35
34Id. (page 128)
35REVISED PENAL CODE, Art. 18
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Mere commission of an act, which aids the perpetrator, is not enough. (People v.
Castillo, 425 SCRA 136)
SEC. 6. Accessory.--- Any person who, having knowledge of the commission of thecrime of terrorism or conspiracy to commit terrorism, and without having participated
therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal
Code, takes part subsequent to its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the effects of the crime; (b) by
concealing or destroying the body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the
principal or conspirator of the crime, shall suffer the penalty of ten years and one day to
twelve years of imprisonment.
Not withstanding the above paragraph, the penalties prescribed for accessories shall
not be imposed upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling within the
provisions of subparagraph (a).
Section 6 of the Human Security Act of 2007 is the same as Article 19 of the Revised Penal
Code.
The three manner or means of act, that makes a person liable as accessory:
1. By profiting himself or assisting the offender to profit by the effects ofthe crime.
2. By concealing or destroying the body of the crime, or the effects, orinstruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal ofthe crime of conspirator of the crime.
Penalty is 10 years and 1 day to 12 years.
If the person who commits the means or manner is a relative, no criminal liability can be
imputed to the former. However, the exempting act does not apply to paragraph (a) which
is profiting the fruits of the crime.
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The rationale why the framers of the Revised Penal Code and as acquised by the framers
of this Act, that a relative is exempted from any criminal liability is because of human
nature.
This is not based on any flimsy axiom but on the logical ground that human nature forces
man to conceal/ assist from arrest and prosecution a relative suspected to have committed
a crime.36
SEC. 7. Surveil lance of Suspects and I nterception and Recording of Communications -
The provision of Republic Act No. 4200 (Anti- Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team may,
upon a written order of the Court of Appeals, listen to, intercept and record, with the use of
any mode, form, kind or type of electronic or other surveillance equipment or intercepting
and tracking devices, or with the use of any communication, message, conversation,discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person charged
with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, that surveillance, interception and recording of communications between
lawyers and clients, doctors and patients, journalists and their sources and confidential
business correspondence shall not be authorized.
Based on section 7 of the Human Security Act of 2007, there are requirements before an
interception or a recording of communications be made legal. One is that there must be a writtenorder from the Court of Appeals and another requirement is that the subject of the surveillance is
between members of a judicially declared and outlawed terrorist organization, association, or
group of persons or any person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism. Along with the requirements before it be made legal, there are exceptions to
the rule of legal wiretapping. Communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business correspondence are exempted from
surveillance.
Under Sec. 3 of R.A. No. 4200, otherwise known as Anti- Wire Tapping Law, the
Regional Trial Court may issue an order allowing a peace officer to secretly overhear, intercept,
36Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 131)
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or record a private communications by means of the devices in cases involving the crimes of
treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,
rebellion, conspiracy, and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping and violations of espionage law
and other offenses against national security.
Terrorism is not one of those crimes mentioned in Sec. 3 of R.A. No. 4200. However,
under sec.7 of R.A.No. 9372, the Court of Appeals may authorize the surveillance, interception
and recording of communication between members of terrorist organization or of any person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
The prohibition on surveillance, interception and recording of communications between
lawyers and clients, doctors and patients, journalists and their sources and business
correspondence is a recognition of confidential characterof such communication.37
According to the case of Ramirez vs. Court of Appeals:
Petitioner vigorously argues, as her "main and principal issue" that the applicable
provision of Republic Act 4200 does not apply to the taping of a private conversation by one of
the parties to the conversation. She contends that the provision merely refers to the unauthorized
taping of a private conversation by a party other than those involved in the communication. In
relation to this, petitioner avers that the substance or content of the conversation must be alleged
in the Information, otherwise the facts charged would not constitute a violation of R.A. 4200.
Finally, petitioner agues that R.A. 4200 penalizes the taping of a "private communication," not a
"private conversation" and that consequently, her act of secretly taping her conversation with
private respondent was not illegal under the said act.
We disagree.
First, legislative intent is determined principally from the language of a statute. Where the
language of a statute is clear and unambiguous, the law is applied according to its express terms,
37Special Penal Laws Vol. II p. 208-209
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and interpretation would be resorted to only where a literal interpretation would be either
impossible or absurd or would lead to an injustice.
Section 1 of R.A. 4200 entitled, " An Act to Prohibit and Penalized Wire Tapping and Other
Related Violations of Private Communication and Other Purposes," provides:
Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other
device or arrangement, to secretly overhear, intercept, or record such communication or
spoken word by using a device commonly known as a dictaphone or dictagraph or
detectaphone or walkie-talkie or tape recorder, or however otherwise described.
The aforestated provision clearly and unequivocally makes it illegal for any person, not
authorized by all the parties to any private communication to secretly record such
communication by means of a tape recorder. The law makes no distinction as to whether the
party sought to be penalized by the statute ought to be a party other than or different from those
involved in the private communication. The statute's intent to penalize all persons unauthorized
to make such recording is underscored by the use of the qualifier "any". Consequently, as
respondent Court of Appeals correctly concluded, "even a (person) privy to a communication
who records his private conversation with another without the knowledge of the latter (will)
qualify as a violator" under this provision of R.A. 4200. (Ramirez vs. Court of Appeals, G.R.
No. 93833., September 28, 1995)
SEC. 8. Formal Application for Judicial Author ization.--- The written order of the
authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and
record communications, messages, conversations, discussions, or spoken or written words
of any person suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism shall only be granted by the authorizing division of the Court of Appeals upon an
ex parte written application of a police or of a law enforcement official who has been duly
authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file
such ex parte application, and upon examination under oath or affirmation of the applicant
and the witnesses he may produce to establish: (a) that there is probable cause to believe
based on personal knowledge of facts or circumstances that the said crime of terrorism or
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conspiracy to commit terrorism has been committed, or is being committed, or is about to
be committed; (b) that there is probable cause to believe based on personal knowledge of
facts or circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be obtained;
and, (c) that there is no other effective means readily available for acquiring such evidence.
The written order mentioned in the preceding provision is discussed in the proviso as to
its application and procedure:
- It shall be granted only by the authorizing division of the Court of Appeals to theexclusion of all other courts.
- Done through an Ex- Parte Written Application by a police or law enforcementofficer.
- That the police or law enforcement officer who prepares for the Ex-Parte WrittenApplication must have the written authorization from the Anti- Terrorism Council.
38
From the forgoing, without following the proper procedure and requisites, any and all acts of
recording, tapping, intercepting communication between individuals, even if it could be valuable
evidence, is inadmissible if it was gotten outside the procedure given by law. The inadmissible
recording is an example of a fruit from the poisonous tree doctrine.
Procedural requisites in the hearing of the application:
-The applicant must be examined under oath or affirms his application or the witnesses he
may produce. The examination must establish the following:
a. That there is probable cause to believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspiracy to commit terrorism has been
committed, or is being committed, or is about to be committed;
b. That there is probable cause to believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, of to the solution or prevention of, any such crimes, will be
38Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of
Humanity). Quezon City: Central Book Supply Inc. (page 150)
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obtained and that there is no other effective means readily available for acquiring such
evidence.39
From the procedure given by law, probable cause is an indispensible requirement before a
police or law enforcer may apply for wire-tapping.
Probable cause is defined as such facts and circumstances that will engender a well-
founded belief that a crime has been committed and that the respondent is probably guilty thereof
and should be held for trial. (Baviera v. Paglinawan, G.R. Nos. 168380 and 170602, February 8,
2007, 515 SCRA 170, 184)
Probable cause has been defined in the leading case of Buchanan vs. Vda. de Esteban
(32 Phil. 365) as the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was prosecuted. Probable cause is a reasonable
ground of presumption that a matter is, or may be, well founded, such a state of facts in the mind
of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain
an honest or strong suspicion, that a thing is so. (Pilapil vs. Sandiganbayan G.R. No. 101978.
April 7, 1993.)
SEC. 9. Classif ication and Contents of the Order of the Court.--- The written order
granted by the authorizing division of the Court of Appeals as well as its order, if any, to
extend or renew the same, the original application of the applicant, including his
application to extend or renew, if any, and the written authorizations of the Anti-Terrorism
Council shall be deemed and are hereby declared as classified information: Provided, That
the person being surveilled or whose communications, letters, papers, messages,
conversations, discussions, spoken or written words and effects have been monitored,
listened to, bugged or recorded by law enforcement authorities has the right to be informed
of the acts done by the law enforcement authorities in the premises or to challenge, if he or
she intends to do so, the legality of the interference before the Court of Appeals which
issued the written order. The written order of the authorizing division of the Court of
Appeals shall specify the following: (a) the identity, such as name and address, if known, of
the charged or suspected person whose communications, messages, conversations,
discussions, or spoken or written words are to be tracked down, tapped, listened to,
39Id. at page 150-151
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intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether
wireless or otherwise) communications, messages, conversations, discussions, or spoken or
written words, the electronic transmission systems or the telephone numbers to be tracked
down, tapped, listened to, intercepted, and recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known,
such person shall be subject to continuous surveillance provided there is a reasonable
ground to do so; (b) the identity (name, address, and the police or law enforcement
organization) of the police or of the law enforcement official, including the individual
identity (names, addresses, and the police or law enforcement organization) of the members
of his team, judicially authorized to track down, tap, listen to, intercept, and record the
communications, messages, conversations, discussions, or spoken or written words; (c) the
offense or offenses committed, or being committed, or sought to be prevented; and, (d) the
length of time within which the authorization shall be used or carried out.
What are considered classified information under this act?
1. Written order granted by the authorizing division of the Court of Appeals.2. The order extending or renewing the authorization.3. Original application.4. Application for extending or renewing the authorization.5. Written authorization from the Anti Terrorism Council.40
Section 9 of this law stated that the person being surveilled has the right to be informed and has
the right to challenge the legality of the interference. Also, the section enumerated the contents
of the written order. The contents are as follows:
1. Identity, name and address of the person charged or suspected.2. Identity of the applicant police officer, law enforcement officer and his team.3. The offense or offenses committed or to be committed.4. The length of time within which the authorization is carried out.
SEC. 10. Ef fective Peri od of Judicial Authorization.--- Any authorization granted by
the authorizing division of the Court of Appeals, pursuant to Sec. 9 (d) of this Act, shall
only be effective for the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of thirty (30) days from
40Id. at page 183
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the date of receipt of the written order of the authorizing division of the Court of Appeals
by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said
authorization for another non-extendible period, which shall not exceed thirty (30) days
from the expiration of the original period: Provided, That the authorizing division of the
Court of Appeals is satisfied that such extension or renewal is in the public interest: and
Provided, further, That the ex parte application for extension or renewal, which must be
filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism
Council.
In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among
the members of the team named in the original written order of the authorizing division of
the Court of Appeals shall file the application for extension or renewal: Provided, That,without prejudice to the liability of the police or law enforcement personnel under Section
20 hereof, the applicant police or law enforcement official shall have thirty (30) days after
the termination of the period granted by the Court of Appeals as provided in the preceding
paragraphs within which to file the appropriate case before the Public Prosecutors Office
for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and recording. The
penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposedupon the applicant police or law enforcement official who fails to notify the person subject
of the surveillance, monitoring, interception and recording as specified above.
Heretofore, Section 10 will be discussed into different important parts of the whole. The
effectivity of the judicial authorization given by the authorizing division of the Court of Appeals
shall be as specified in the written authorization but shall not exceed thirty days from receipt of
the order by the applicant police or law enforcement officer. The police or law enforcement
officer applicant in its motion for extension must be authorized by the Anti- Territorial Council
in WRITING. The police or law enforcement officer must prove to the authorizing division of
the Court of Appeals that the extension is for public interest and that the extension must be filed
by the original applicant.
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In case of the death of the original applicant or physical disability, substitution is allowed
if the one to substitute is the one next in rank to the applicant by the team that is mentioned in the
written order by the Court of Appeals. The extension shall likewise extend for another thirty days
the reglementary period for the filing of the complaint against the person surveilled before the
Public Prosecutors office for any violation of this Act.41
The police or law enforcement officer in the event that no case has been filed within the
thirty day period shall notify the person subject of the surveillance the termination of the coirt
granted surveillance. And if the officer fails to notify the penalty of ten years to twelve years
shall be meted to the officer who fails to notify the person surveilled.
SEC. 11. Custody of I ntercepted and Recorded Communications. - All tapes, discs,
and recordings made pursuant to the authorization of the authorizing division of the Court
of Appeals, including all excerpts and summaries thereof as well as all written notes or
memoranda made in connection therewith, shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court
of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal
granted by the authorizing division of the Court of Appeals, be deposited with the
authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the
case may be, and shall be accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team. In case of death of the applicant or in
case he is physically disabled to execute the required affidavit, the one next in rank to the
applicant among the members of the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the members of the team that required
affidavit. It shall be unlawful for any person, police officer or any custodian of the tapes,
discs and recording, and their excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any
manner the items enumerated above in whole or in part under any pretext whatsoever.
41Id. at page 190-191
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Any person who removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve
(12) years of imprisonment.
The applicant police officer or law enforcement officer is required to deposit the tapes,
recordings or excerpt or summary of the communication surveilled within 48 hours. They shall
be placed in a sealed envelope, accompanied by a joint-affidavit of the applicant and the
members of his team. If case the applicant dies or incurred physical disability, he shall be
substituted by the next in rank.
The removing, deleting, expunging, incinerating, shredding, or destroying of such items
is prohibited and the offender shall be penalized by imprisonment of not less than 6 years and 1
day to 12 years.
SEC. 12. Contents of Join t Af fi davit. - The joint affidavit of the police or of the law
enforcement official and the individual members of his team shall state: (a) the number of
tapes, discs, and recordings that have been made, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda, if any, made in
connection therewith; (b) the dates and times covered by each of such tapes, discs, and
recordings; (c) the number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes and memoranda made in
connection therewith that have been included in the deposit; and (d) the date of the original
written authorization granted by the Anti-Terrorism Council to the applicant to file the ex
parte application to conduct the tracking down, tapping, intercepting, and recording, as
well as the date of any extension or renewal of the original written authority granted by the
authorizing division of the Court of Appeals. The joint affidavit shall also certify under
oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and
recordings, and that no duplicates or copies of the whole or any part of any of such
excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all
such duplicates and copies are included in the sealed envelope or sealed package, as the
case may be, deposited with the authorizing division of the Court of Appeals. It shall be
unlawful for any person, police or law enforcement official to omit or exclude from the
joint affidavit any item or portion thereof mentioned in this Section. Any person, police or
law enforcement officer who violates any of the acts prescribed in the preceding paragraph
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shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of
imprisonment.
The affidavit shall contain the following:
1. the number of tapes, discs, and recordings that have been made, as well as thenumber of excerpts and summaries thereof and the number of written notes and
memoranda, if any, made in connection therewith;
2. the dates and times covered by each of such tapes, discs, and recordings;3. the number of tapes, discs, and recordings, as well as the number of excerpts and
summaries thereof and the number of written notes and memoranda made in
connection therewith that have been included in the deposit; and
4. the date of the original written authorization granted by the Anti-TerrorismCouncil
There must also be a certification under oath that no duplicates or copies of the whole or
part thereof have been made or if there is any it is included in the envelope deposited at the
Division of the Court of Appeals.
SEC. 13. Disposit ion of Deposited Materi al. -The sealed envelope or sealed packageand the contents thereof, which are deposited with the authorizing division of the Court of
Appeals, shall be deemed and are hereby declared classified information, and the sealed
envelope or sealed package shall not be opened and its contents (including the tapes, discs,
and recordings and all the excerpts and summaries thereof and the notes and memoranda
made in connection therewith) shall not be divulged, revealed, read, replayed, or used as
evidence unless authorized by written order of the authorizing division of the Court of
Appeals, which written order shall be granted only upon a written application of the
Department of Justice filed before the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice has been duly authorized in writing by
the Anti-Terrorism Council to file the application with proper written notice the personwhose conversation, communication, message discussion or spoken or written words have
been the subject of surveillance, monitoring, recording and interception to open, reveal,
divulge, and use the contents of the sealed envelope or sealed package as evidence. Any
person, law enforcement official or judicial authority who violates his duty to notify in
writing the persons subject of the surveillance as defined above shall suffer the penalty of
six years and one day to eight years of imprisonment.
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The sealed envelope or packages are considered as classified information. Thus, its
contents cannot be divulged, revealed, read, replayed, or used as evidence unless a written order
was obtained from the authorizing division of the Court of Appeals, where the package is
deposited.
Requirements for securing the written order:
1. Written application by the Department of Justice2. Such written application must have a written authorization from the Anti-Terrorism
Council
3. With proper notice to the person subject of the surveillance
SEC. 14. Appli cation to Open Deposited Sealed Envelope or Sealed Package. - The
written application with notice to the party concerned to open the deposited sealed
envelope or sealed package shall clearly state the purpose or reason: (a) for opening the
sealed envelope or sealed package; (b) for revealing or disclosing its classified contents; (c)
for replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations,discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any of the notes or memoranda
made in connection therewith); [ and, (d) for using any of said listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written
words (including any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence. Any person, law enforcement
official or judicial authority who violates his duty to notify as defined above shall suffer the
penalty of six years and one day to eight years of imprisonment.
The written application to open the sealed envelope or sealed package must state the following
reasons:
1. for opening the sealed envelope or sealed package;2. for revealing or disclosing its classified contents;3. for replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations,discussions, or spoken or written words ; and
4. for using any of said listened to, intercepted, and recorded communications, messages,conversations, discussions, or spoken or written words
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SEC. 15. Evidenti ary Value of Deposited Materi als. - Any listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written
words, or any part or parts thereof, or any information or fact contained therein, including
their existence, content, substance, purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall absolutely not be admissible and
usable as evidence against anybody in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
What is inadmissible are listened, intercepted and recorded communications that have been
secured in violation of this Act, such as proper application for written authorization from the
division of the Court of Appeals. Therefore, communications, messages, conversations, spoken
or written words are secured in compliance with the formal and substantial requisites under this
Act are admissible evidence.42
SEC. 16. Penal ty for Unauthori zed or Malicious I nterceptions and/or Recordings. - Any
police or law enforcement personnel who, not being authorized to do so by the authorizing
division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in
whatever manner or form any communication, message, conversation, discussion, or
spoken or written word of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any otheroffense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment and
the accessory penalty of perpetual absolute disqualification from public office shall be
imposed upon any police or law enforcement personnel who maliciously obtained an
authority from the Court of Appeals to track down, tap, listen to, intercept, and record in
whatever manner or form any communication, message, conversation, discussion, or
spoken or written words of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of this Act, the
party aggrieved by such authorization shall be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said authorization.
42Id. at page 229
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Unauthorized Surveillance
This is committed by any police or law enforcement personnel, who without authority
given by the division of the Court of Appeals, tracks down, taps, listens to, intercepts, and
records in whatever manner or form any communication, message, conversation, discussion, or
spoken or written word of a person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism.
Maliciously Obtaining an Authority
The police or law enforcement personnel, has obtained maliciously the authority from the
division of the Court of Appeals to track down, tap, listen to, intercept, and record in whatever
manner or form any communication, message, conversation, discussion, or spoken or written
word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism.
SEC. 17. Proscri ption of Terrori st Organi zations, Association, or Group of Persons. - Any
organization, association, or group of persons organized for the purpose of engaging in
terrorism, or which, although not organized for that purpose, actually uses the acts to
terrorize mentioned in this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the government to give
in to an unlawful demand shall, upon application of the Department of Justice before acompetent Regional Trial Court, with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned, be declared as a terrorist and
outlawed organization, association, or group of persons by the said Regional Trial Court.
The judicial declaration of as a terrorist and outlawed organization, association, or group of
persons shall be made upon application of the Department of Justice. Such organization,
association, or group of persons are given the opportunity to refute such application as
proscription shall be done with due process of law.
SEC. 18. Peri od of Detention Without Judicial Warrant of Ar rest. - The provisions of
Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of the crime of terrorism
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or the crime of conspiracy to commit terrorism shall, without incurring any criminal
liability for delay in the delivery of detained persons to the proper judicial authorities,
deliver said charged or suspected person to the proper judicial authority within a period of
three days counted from the moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into custody by the said police, or law
enforcement personnel: Provided, That the arrest of those suspected of the crime ofterrorism or conspiracy to commit terrorism must result from the surveillance under
Section 7 and examination of bank deposits under Section 27 of this Act. The police or law
enforcement personnel concerned shall, before detaining the person suspected of the crime
of terrorism, present him or her before any judge at the latter's residence or office nearest
the place where the arrest took place at any time of the day or night. It shall be the duty of
the judge, among other things, to ascertain the identity of the police or law enforcement
personnel and the person or persons they have arrested and presented before him or her, to
inquire of them the reasons why they have arrested the person and determine by
questioning and personal observation whether or not the suspect has been subjected to any
physical, moral or psychological torture by whom and why. The judge shall then submit a
written report of what he/she had observed when the subject was brought before him to theproper court that has jurisdiction over the case of the person thus arrested. The judge shall
forthwith submit his/her report within three calendar days from the time the suspect was
brought to his/her residence or office. Immediately after taking custody of a person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the
police or law enforcement personnel shall notify in writing the judge of the court nearest
the place of apprehension or arrest: Provided ,That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the
residence of the judge nearest the place where the accused was arrested. The penalty of ten
(10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
police or law enforcement personnel who fails to notify and judge as Provided in the
preceding paragraph.
This provision covers only warrantless arrest. Arrests with judicial warrants are covered
by the Rules on Criminal Procedure.
Under the law, a person must be presented withing the period the longest of which is 36
hours, for crimes punishable with afflictive penalties. However, a person arrested for allegedly
violating the provisions of this act could only be legally detained up to three days ante the filing
of the complaint.
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SEC. 21. Rights of a Person under Custodial Detention. - The moment a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the
arresting police or law enforcement officers or by the police or law enforcement officers to
whose custody the person concerned is brought, of his or her right: (a) to be informed of
the nature and cause of his arrest, to remain silent and to have competent and independent
counsel preferably of his choice. If the person cannot afford the services of counsel of his or
her choice, the police or law enforcement officers concerned shall immediately contact the
free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public
Attorney's Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or
the PAO thus contacted to immediately visit the person(s) detained and provide him or her
with legal assistance. These rights cannot be waived except in writing and in the presence of
the counsel of choice; (b) informed of the cause or causes of his detention in the presence of
his legal counsel; (c) allowed to communicate freely with his legal counsel and to confer
with them at any time without restriction; (d) allowed to communicate freely and privatelywithout restrictions with the members of his family or with his nearest relatives and to be
visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of
choice.
The rights enumerated can be found under the Bill of Rights. Under Article III, Section
12 of the 1987 Constitution it states
Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent andindependent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.44
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law
enforcement personnel, or any personnel of the police or other law enforcement custodial
unit that violates any of the aforesaid rights of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment. Unless the police or law enforcement personnel who violated the rights of a
detainee or detainees as stated above is duly identified, the same penalty shall be imposed
on the police officer or hear or leader of the law enforcement unit having custody of the
detainee at the time the violation was done.
44CONSTITUTION, Art. 3 Sec. 12
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SEC. 23. Requirement for an Off icial Custodial Logbook and its Contents. - The police
or other law enforcement custodial unit in whose care and control the person charged with
or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has
been placed under custodial arrest and detention shall keep a securely and orderly
maintained official logbook, which is hereby declared as a public document and opened to
and made available for .the inspection and scrutiny of the lawyer or lawyers of the person
under custody or any member of his or her family or relative by consanguinity or affinity
within the fourth civil degree or his or her physician at any time of the day or night without
any form of restriction. The logbook shall contain a clear and concise record of: (a) the
name, description, and address of the detained person; (b) the date and exact time of his
initial admission for custodial arrest and detention; (c) the name and address of the
physician or physicians who examined him physically and medically; (d) the state of his
health and physical condition at the time of his initial admission for custodial detention; (e)
the date and time of each removal of the detained person from his cell for interrogation or
for any purpose; (f) the date and time of his return to his cell; (g) the name and address ofthe physician or physicians who physically and medically examined him after each
interrogation; (h) a summary of the physical and medical findings on the detained person
after each of such interrogation; (i) the names and addresses of his family members and
nearest relatives, if any and if available; (j) the names and addresses of persons, who visit
the detained person; (k) the date and time of each of such visits; (1) the date and time of
each request of the detained person to communicate and confer with his legal counsel or
counsels; (m) the date and time of each visit, and date and time of each departure of his
legal counsel or counsels; and, (n) all other important events bearing on and all relevant
details regarding the treatment of the detained person while under custodial arrest and
detention. The said police or law enforcement custodial unit shall upon demand of theaforementioned lawyer or lawyers or members of the family or relatives within the fourth
civil degree of consanguinity or affinity of the person under custody or his or her physician
issue a certified true copy of the entries of the logbook relative to the concerned detained
person without delay or restriction or requiring any fees whatsoever including
documentary stamp tax, notarial fees, and the like. This certified true copy may be attested
by the person who has custody of the logbook or who allowed the party concerned to
scrutinize it at the time the demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding
paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
The police officer or law enforcement custodial unit has care and control of the person
suspected to have committed violations of acts under this statute shall keep a securely and
orderly maintained logbook which is considered as a public document and shall be available for
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his lawyer, member of his family within the fourth civil consanguinity and his physician. The
logbook can be examined at any time of the day and night without any form of restriction.
SEC. 24. No Tortu re or Coercion i n I nvestigation and I nterr ogation. - No threat,
intimidation, or coercion, and no act which will inflict any form of physical pain or
torment, or mental, moral, or psychological pressure, on the detained person, which shall
vitiate his freewill, shall be employed in his investigation and interrogation for the crime of
terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained
from said detained person resulting from such threat, intimidation, or coercion, or from
such inflicted physical pain or torment, or mental, moral, or psychological pressure, shall
be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-
judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
According to Article III, Section 12 of the 1987 Constitution:No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,incommunicado, or other similar forms of detention are prohibited.
Any confession or admission obtained in violation of this or Section 17 hereofshall be inadmissible in evidence against him.
The law shall provide for penal and civil sanctions for violations of this Section as
well as compensation to the rehabilitation of victims of torture or similarpractices, and their families.
45
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation
and I nterrogation of a Detained Person. - Any person or persons who use threat,
intimidation, or coercion, or who inflict physical pain or torment, or mental, moral, or
psychological pressure, which shall vitiate the free-will of a charged or suspected person
under investigation and interrogation for the crime of terrorism or the crime of conspiracy
to commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12)
years and one day to twenty (20) years of imprisonment. When death or serious permanent
disability of said detained person occurs as a consequence of the use of such threat,
intimidation, or coercion, or as a consequence of the infliction on him of such physical pain
or torment, or as a consequence of the infliction on him of such mental, moral, or
psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20)
years of imprisonment.
45Id.
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SEC. 26. Restr iction on Travel. - In cases where evidence of guilt is not strong, and
the person charged with the crime of terrorism or conspiracy to commit terrorism is
entitled to bail and is granted the same, the court, upon application by the prosecutor, shall
limit the right of travel of the accused to within the municipality or city where he resides or
where the case is pending, in the interest of national security and public safety, consistent
with Article III, Section 6 of the Constitution. Travel outside of said municipality or city,
without the authorization