Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

REPUBLIC ACT NO.
10645
AN ACT PROVIDING FOR THE MANDATORY PHILHEALTH
COVERAGE FOR ALL SENIOR CITIZENS, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 7432, AS AMENDED
BY REPUBLIC ACT NO. 9994, OTHERWISE KNOWN AS
THE "EXPANDED SENIOR CITIZENS ACT OF 2010"
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 1. Section 5, sub-paragraph h(2) of Republic Act No.
7432, as amended, is hereby further amended to read as
follows:
"SEC. 5. Government Assistance. The government shall
provide the following:
"x x x
"(h) Additional Government Assistance
"(1) xxx
"(2) Mandatory PhilHealth Coverage
"All senior citizens shall be covered by the national health
insurance program of PhilHealth. Funds necessary to ensure
the enrollment of all senior citizens not currently covered by
any existing category shall be sourced from the National
Health Insurance Fund of PhilHealth from proceeds of
Republic Act No. 10351, in accordance with the pertinent laws
and regulations.
"(3) x x x."
Section 2. Repealing Clause. All laws, decrees, executive
orders, rules and regulations, or parts thereof which are
inconsistent with this Act are hereby repealed, amended or
modified accordingly.1wphi1
Section 3. Effectivity. This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least
two (2) newspapers of general circulation.
Approved: NOV 05 2014
REPUBLIC ACT No. 10747
AN ACT PROMULGATING A COMPREHENSIVE POLICY IN
ADDRESSING THE NEEDS OF PERSONS WITH RARE
DISEASE
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the
Rare Diseases Act of the Philippines.
SECTION 2. Declaration of Policy. It is the policy of the
State to protect and promote the right to health of the people,
including the right of persons suffering from rare diseases to
survival and full and healthy development as individuals
through access to timely health information and adequate
medical care. In pursuit of such policy, the State shall
institutionalize a system that is comprehensive, integrative and
sustainable and will facilitate collaboration among government
and nongovernment agencies and organizations at the national
and local levels, private sector, professional health
organizations, academic institutions, communities and families
towards the provision of early and sustainable care of persons
afflicted with rare disease. The State recognizes the crucial
role of research in defining health programs and activities to
address the needs of patients with rare disease. The State also
recognizes that an effective public education program is vital in
helping ensure the early diagnosis and treatment of rare
disorders and in preventing those afflicted with them from
being the subject of ridicule and stigmatization.
SECTION 3. Objectives. The objectives of this Act are as
follows:
(a) Improve the access of patients diagnosed to have a
rare disease or patients highly suspected of having a rare
disease to comprehensive medical care, including drugs
and other healthcare products to treat or otherwise, as
well as timely health information to help them cope with
their condition by:
(1) Establishing a comprehensive and sustainable
healthcare system integrated within the public
healthcare delivery system for early and sustainable
care for patients suffering from rare diseases;
(2) Establishing and maintaining the Rare Disease
Registry which shall include data on rare diseases in
the Philippines, patients afflicted with rare diseases,
and orphan drugs and orphan products. This data
shall be utilized in formulating policies, identifying
program interventions and designing researches to
address the needs of patients with rare disease;
(3) Integrating public educational and information
campaigns in the current programs of the
Department of Health (DOH) to identify persons
afflicted with rare disease and help the public
understand the special needs of such persons; and
(4) Facilitating the regular collaborative activities among
stakeholders regarding the realization of the objectives of
this Act.
(b) Provide regulatory and fiscal incentives to support
research and development studies on rare diseases and to
facilitate the manufacture and importation of affordable
orphan drugs and orphan products.
ARTICLE II
DEFINITION OF TERMS
SECTION 4. Definitions. For the purpose of this Act, the
following terms shall be defined as follows:
(a) Commercial use refers to the selling of orphan
drugs at profit.
(b) Healthcare Practitioner refers to any doctor of
medicine, dentist, nurse, midwife, allied health
professional and other healthcare professional duly
licensed by the Professional Regulatory Commission.
(c) Healthcare institutions refer to hospitals, health
infirmaries, health centers, lying-in centers or
puericulture centers, whether public or private.
(d) Medical care refers to a comprehensive and
professional care that encompasses correct
diagnosis, treatment and prevention of rare diseases.
(e) Medical food refers to special milk formula devoid

of offending amino acids, organic acids or fatty acids,
amino acid supplements, essential amino acid
mixtures, amino acid gels or juices, and low protein
food products that are part of the regimen for the
medical treatment of patients with inherited metabolic
diseases.
(f) Medical specialist refers to a pediatrician for
patients zero to eighteen (0-18) years old or adult
physician for above eighteen (18) years old
adequately trained by experts in the field of inherited
metabolic diseases to diagnose and treat patients
with rare diseases.
(g) National Comprehensive Newborn Screening
System refers to the Newborn Screening (NBS)
system established in Republic Act No. 9288 that
includes, but is not limited to: (i) education of relevant
stakeholders; (ii) collection, transport, biochemical
screening, and reporting on result of blood samples
taken from newborns; (iii) tracking and confirmatory
testing to ensure the accuracy of screening results;
(iv) clinical evaluation and biochemistry/medical
confirmation of follow-up results; (v) administration of
drugs and/or medical and surgical management
and/or dietary supplementation to counter adverse
effects of the heritable conditions; and (vi) monitoring
and evaluation of the National Comprehensive
Newborn Screening System.
(h) Newborn screening continuity clinic refers to an
ambulatory clinic based in a secondary or tertiary
hospital identified by the DOH to be part of the
National Comprehensive Newborn Screening System
Treatment Network. It is equipped to facilitate
continuity of care of patients confirmed with conditions
included in the expanded newborn screening in its
area of coverage.
(i) Orphan drug refers to any drug or medicine used to
treat or alleviate the symptoms of persons afflicted
with a rare disease and declared as such by the DOH
upon recommendation of the National Institutes of
Health (NIH).
(j) Orphan product refers to any healthcare or
nutritional product, other than a drug or medicine,
including, but not limited to, diagnostic kits, medical
devices and biological products, used to prevent,
diagnose, or treat rare diseases and declared as such
by the DOH upon recommendation of the NIH.
(k) Rare disease refers to disorders such as inherited
metabolic disorders and other diseases with similar
rare occurrence as recognized by the DOH upon
recommendation of the NIH but excluding
catastrophic
(i.e.,
life
threatening,
seriously
debilitating, or serious and chronic) forms of more
frequently occurring diseases.
(l) Rare Disease Management Program refers to a
comprehensive management program encompassing
the diagnosis, clinical management, genetic
counseling and drug research development for people
with rare diseases.
(m) Rare Disease Registry refers to the secure health

information system, including the electronic database
system, relating to data on rare diseases, persons
with rare disease, and orphan drugs and orphan
products.
(n) Rare Diseases Technical Working Group
(RDTWG) refers to the DOH designated pool of
experts on rare diseases, which shall include experts
from the NIH, tasked with identifying rare diseases,
orphan drugs and orphan products.
(o) Telegenetics Referral System refers to telehealth
using a computer network system that provides
remote genetic clinical consultations to physicians in
the provinces for their patients.
ARTICLE III
IDENTIFICATION, REFERRAL, MANAGEMENT AND
REGISTRATION OF PERSONS WITH RARE DISEASE
SECTION 5. Identification of Persons with Rare Disease.
The DOH, in coordination with the NIH, shall create a Rare
Disease Registry. It shall endeavor to comply with set global
standards, if applicable. All patients diagnosed with rare
disease shall be included in this registry.
SECTION 6. Referral of Patients with Rare Disease.
Patients highly suspected of, or diagnosed with, rare disease
shall be referred to a newborn screening continuity clinic
identified by the DOH as referral centers for treatment of rare
diseases under the National Comprehensive Newborn
Screening System. For patients from remote areas, the
Telegenetics Referral System will be utilized.
SECTION 7. Availability of Specialist for the Management of
Persons with Rare Disease. The DOH, with the assistance
of the NIH, shall develop a system to train a sufficient number
of medical specialists to diagnose and manage persons with
rare disease.
SECTION 8. Management of Persons with Rare Disease.
The DOH, with the assistance of the NIH, shall provide
persons with rare disease better access to a support system
through the creation of a Rare Disease Management Program
under the National Center for Disease Prevention and Control
of the DOH.
SECTION 9. Registration of Persons with Rare Disease. All
healthcare practitioners and health institutions shall be
required to report to the Rare Disease Registry diagnosed
cases of rare disease and provide reports on the status of
patients: Provided, That such reports shall be subject to
guidelines issued by the NIH to protect the privacy of patients
with rare disease.
ARTICLE IV
PERSONS WITH RARE DISEASE AS PERSONS WITH
DISABILITIES (PWDs)
SECTION 10. Designation of Persons with Rare Disease as
Persons with Disabilities (PWDs). Persons with rare disease
shall be considered as persons with disabilities (PWDs), in
accordance with Republic Act No. 7277, as amended, or the
Magna Carta for Disabled Persons.
SECTION 11. Rights and Privileges of Persons with Rare

Disease. The appropriate national government agency shall
ensure that they are accorded the same rights and privileges
as PWDs, to wit:
(a) The Department of Social Welfare and
Development (DSWD) shall provide assistance to
persons with rare disease to ensure that their social
welfare and benefits provided under Republic Act No.
7277, as amended, or the Magna Carta for Disabled
Persons, are granted; and
(b) The Department of Labor and Employment
(DOLE) shall adopt programs that promote the
availability of opportunities for work and employment
of able-persons with rare disease.
ARTICLE V
DESIGNATION OF RARE DISEASE, ORPHAN DRUG, AND
ORPHAN PRODUCT STATUS
SECTION 12. The Rare Disease Technical Working Group
(RDTWG). The DOH shall convene the RDTWG which shall
have the following roles and responsibilities:
(a) Determine what disorder or disease shall be
considered as a rare disease, and what are the
orphan drugs and orphan products, and update the
list periodically;
(b) Formulate policies that shall regulate the approval
and certification of orphan drugs and orphan
products; and
(c) Establish a system to ensure the regular updating
of information, diagnosis and treatment of rare
diseases in order to provide for the comprehensive
healthcare of these patients.
SECTION 13. Designation of Rare Disease. The DOH, upon
recommendation of the RDTWG, shall have the authority to
designate any disease that is recognized to rarely afflict the
population of the country as a rare disease.
SECTION 14. Designation of Orphan Drug. The DOH, motu
proprio or upon application by any interested person, and with
the recommendation of the RDTWG, may designate any drug
or medicine indicated for use by patients afflicted with any of
the rare diseases as an orphan drug. Within one hundred
twenty (120) days from the effectivity of this Act, the DOH shall
publish a list of orphan drugs for these rare diseases.
SECTION 15. Designation of Orphan Product. The DOH,
motu proprio or upon application by any interested person, and
with the recommendation of the RDTWG, may designate any
healthcare or nutritional product, other than a drug or medicine,
including, but not limited to, diagnostic kits, medical devices
and biological products, used primarily to prevent, diagnose, or
alleviate the symptoms of rare diseases as an orphan product.
Within one hundred twenty (120) days from the effectivity of
this Act, the DOH shall publish a list of orphan products for
these rare diseases.1avvphi1
SECTION 16. Permit for Restricted Use of an Orphan
Drug/Orphan Product. Any person may import any orphan
drug/orphan product for compassionate use: Provided, That
they secure a compassionate special permit from the Food and
Drug Administration (FDA) in accordance with DOH

Administrative Order No. 4, series of 1992, and any future
guidelines that may be issued on the same.
Within thirty (30) days from receipt of the requirements, the
FDA shall issue a permit for restricted use of an orphan
drug/orphan product which shall be effective for a period of
three (3) years, renewable for a period of three (3) years
thereafter: Provided, That the FDA shall expedite the said
permit in cases of emergency.
ARTICLE VI
IMPLEMENTATION
SECTION 17. Lead Agency. The DOH shall be the lead
agency in the implementation of this Act. For purposes of
achieving the objectives of this Act, the DOH shall:
(a) Establish the RDTWG as defined m Section 4(n);
(b) Coordinate with the NIH for the technical
assistance in the implementation of this Act;
(c)
Coordinate
with
all
government
and
nongovernment agencies that are involved in the
implementation of this Act;
(d) Support the activities of the newborn screening
continuity clinics and designate referral centers in
strategic locations in the country for the timely and
sustainable medical management of persons with rare
disease;
(e) Organize a pool of medical specialists who will be
responsible in the diagnosis and management of
persons afflicted with rare disease and their families;
(f) With the assistance of the NIH and other
government agencies, professional societies and
nongovernment organizations, conduct culturally
sensitive public educational and information
campaigns on the nature of rare diseases, identify
persons with rare disease and help the general public
understand the special needs of afflicted persons and
their right against ridicule and discrimination;
(g) Develop the implementing rules and regulations
for the implementation of this Act within one hundred
eighty (180) days from the enactment of this Act; and
(h) Allot budget for the implementation of this Act.
SECTION 18. Other Implementing Agencies. The FDA, NIH,
Department of the Interior and Local Government (DILG),
Department of Education (DepED), DSWD, DOLE, Department
of Science and Technology (DOST), and other relevant
government agencies shall have the following tasks:
(a) FDA shall ensure that medical foods, orphan drugs
and orphan products are permitted in the country for
purposes of treating rare diseases and shall develop
a system that addresses emergency cases, as they
may arise;
(b) NIH shall provide technical assistance to the DOH
in the implementation of this Act;
(c) DILG, DepED, DSWD and DOLE shall ensure that

persons with rare disease are given the opportunity to
be productive members of society and that they are
given the same rights and benefits as PWDs;
(d) DOST shall provide mechanisms to further
research for a better understanding of rare diseases
in the country and develop low cost medical foods
and orphan products for the patients; and
(e) All other relevant government agencies shall assist
in the full implementation of this Act.
SECTION 19. Obligation of Healthcare Practitioners. A
healthcare practitioner who attends to a person with rare
disease has the responsibility of informing the patient and their
family of available resources and refer them to the nearest
available specialist.
SECTION 20. Continuing Education and Training of Health
Personnel. The DOH and the NIH, together with health
professional societies and academic healthcare institutions,
shall:
(a) Conduct continuing education, information, and
training programs for healthcare practitioners on the
identification and referral of persons with rare disease
for medical management; and
(b) Educate healthcare practitioners on the
importance of reporting cases to the Rare Disease
Registry.
ARTICLE VII
RESOURCE GENERATION AND FISCAL INCENTIVES
SECTION 21. Financial Assistance for Persons with Rare
Disease. A person with rare disease may avail of the
following:
(a) Basic benefit package from the Philippine Health
Insurance Corporation, which shall be provided in
accordance with its guidelines; and
(b) Medical assistance as provided in Section 8 of
Republic Act No. 10351 or the Sin Tax Reform Act of
2012.
SECTION 22. Fiscal Incentives. The following shall be
exempted from all taxes and customs duties, as applicable,
whether national or local:
(a) Donations intended for researches on rare
diseases, maintenance of the Rare Disease Registry,
or for purchase of orphan drugs or orphan products
for use solely by patients with rare diseases; and
(b) Orphan drugs and orphan products for use solely
by patients with rare diseases, as certified by the
FDA.
ARTICLE
FINAL PROVISIONS
VIII
SECTION 23. Implementing Rules and Regulations (IRR).

Within one hundred eighty (180) days from the effectivity of this
Act, the DOH, in consultation with the NIH, shall issue the IRR
of this Act.
SECTION 24. Repealing Clause. All general and special
laws, decrees, executive orders, proclamations and
administrative regulations, or any part or parts thereof, which
are inconsistent with this Act are hereby repealed or modified
accordingly.
SECTION 25. Separability Clause. If, for any reason or
reasons, any part or provision of this Act shall be declared or
held to be unconstitutional or invalid, other parts or provisions
hereof which are not affected thereby shall continue to be in
full force and effect.
SECTION 26. Effectivity. This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of
general circulation.
Approved: MAR 03 2016
Republic Act No. 9372
March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR

PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall henceforth be known
as the "Human Security Act of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the
State to protect life, liberty, and property from acts of terrorism,
to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to
make terrorism a crime against the Filipino people, against
humanity, and against the law of nations.
In the implementation of the policy stated above, the State
shall uphold the basic rights and fundamental liberties of the
people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a
comprehensive approach, comprising political, economic,
diplomatic, military, and legal means duly taking into account
the root causes of terrorism without acknowledging these as
justifications for terrorist and/or criminal activities. Such
measures shall include conflict management and post-conflict
peace-building, addressing the roots of conflict by building
state capacity and promoting equitable economic development.
Nothing in this Act shall be interpreted as a curtailment,
restriction or diminution of constitutionally recognized powers
of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally
recognized powers of the executive department of the
government shall not prejudice respect for human rights which
shall be absolute and protected at all times.
SEC. 3. Terrorism.- Any person who commits an act

punishable under any of the following provisions of the Revised
Penal Code:
a. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts
committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal
Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on
Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic
Regulatory and Liability Act of 1968);
SEC. 6. Accessory. - Any person who, having knowledge of

the commission of the crime of terrorism or conspiracy to
commit terrorism, and without having participated therein,
either as principal or accomplice under Articles 17 and 18 of
the Revised Penal Code, takes part subsequent to its
commission in any of the following manner: (a) by profiting
himself or assisting the offender to profit by the effects of the
crime; (b) by concealing or destroying the body of the crime, or
the effects, or instruments thereof, in order to prevent its
discovery; (c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the crime, shall suffer
the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed
for accessories shall not be imposed upon those who are such
with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single
exception of accessories falling within the provisions of
subparagraph (a).
Energy
4. Republic Act No. 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-Piracy and AntiHighway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand shall
be guilty of the crime of terrorism and shall suffer the penalty of
forty (40) years of imprisonment, without the benefit of parole
as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who
conspire to commit the crime of terrorism shall suffer the
penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an
agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to commit
the same.
SEC. 5. Accomplice. - Any person who, not being a principal
under Article 17 of the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the execution of
either the crime of terrorism or conspiracy to commit terrorism
by previous or simultaneous acts shall suffer the penalty of
from seventeen (17) years, four months one day to twenty (20)
years of imprisonment.
SEC. 7. Surveillance of Suspects and Interception and

Recording of Communications. -The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the
members of his team may, upon a written order of the Court of
Appeals, listen to, intercept and record, with the use of any
mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use
of any other suitable ways and means for that purpose, any
communication, message, conversation, discussion, or spoken
or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and
patients, journalists and their sources and confidential
business correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The
written order of the authorizing division of the Court of Appeals
to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or
spoken or written words of any person suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall
only be granted by the authorizing division of the Court of
Appeals upon an ex parte written application of a police or of a
law enforcement official who has been duly authorized in
writing by the Anti-Terrorism Council created in Section 53 of
this Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and the witnesses he
may produce to establish: (a) that there is probable cause to
believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being committed,
or is about to be committed; (b) that there is probable cause to
believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the
conviction of any charged or suspected person for, or to the

solution or prevention of, any such crimes, will be obtained;
and, (c) that there is no other effective means readily available
for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the
Court. - The written order granted by the authorizing division of
the Court of Appeals as well as its order, if any, to extend or
renew the same, the original application of the applicant,
including his application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council shall be
deemed and are hereby declared as classified information:
Provided, That the person being surveilled or whose
communications, letters, papers, messages, conversations,
discussions, spoken or written words and effects have been
monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the
law enforcement authorities in the premises or to challenge, if
he or she intends to do so, the legality of the interference
before the Court of Appeals which issued the written order. The
shall specify the following: (a) the identity, such as name and
address, if known, of the charged or suspected person whose
spoken or written words are to be tracked down, tapped,
listened to, intercepted, and recorded and, in the case of radio,
electronic, or telephonic (whether wireless or otherwise)
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
spoken or written words; (c) the offense or offenses committed,
or being committed, or sought to be prevented; and, (d) the
length of time within which the authorization shall be used or
carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any
authorization granted by the authorizing division of the Court of
Appeals, pursuant to Section 9(d) of this Act, shall only be
effective for the length of time specified in the written order of
the authorizing division of the Court of Appeals, which shall not
exceed a period of thirty (30) days from the date of receipt of
the written order of the authorizing division of the Court of
Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or
renew the said authorization for another non-extendible period,
which shall not exceed thirty (30) days from the expiration of
the original period: Provided, That the authorizing division of
the Court of Appeals is satisfied that such extension or renewal
is in the public interest: and Provided, further, That the ex parte
application for extension or renewal, which must be filed by the

original applicant, has been duly authorized in writing by the
Anti-Terrorism Council.
In case of death of the original applicant or in case he is
physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant among
the members of the team named in the original written order of
the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement
personnel under Section 20 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office for any
violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant
police or law enforcement official shall immediately notify the
person subject of the surveillance, interception and recording
of the termination of the said surveillance, interception and
recording. The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify
the person subject of the surveillance, monitoring, interception
and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded
Communications. - All tapes, discs, and recordings made
pursuant to the authorization of the authorizing division of the
Court of Appeals, including all excerpts and summaries thereof
as well as all written notes or memoranda made in connection
therewith, shall, within forty-eight (48) hours after the expiration
of the period fixed in the written order of the authorizing
division of the Court of Appeals or within forty-eight (48) hours
after the expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with
the authorizing Division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team.
In case of death of the applicant or in case he is physically
disabled to execute the required affidavit, the one next in rank
to the applicant among the members of the team named in the
shall execute with the members of the team that required
affidavit.
It shall be unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their excerpts
and summaries, written notes or memoranda to copy in
whatever form, to remove, delete, expunge, incinerate, shred
or destroy in any manner the items enumerated above in whole
or in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates,
shreds or destroys the items enumerated above shall suffer a
penalty of not less than six years and one day to twelve (12)
years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of

the police or of the law enforcement official and the individual
members of his team shall state: (a) the number of tapes,
discs, and recordings that have been made, as well as the
number of excerpts and summaries thereof and the number of
written notes and memoranda, if any, made in connection
therewith; (b) the dates and times covered by each of such
tapes, discs, and recordings; (c) the number of tapes, discs,
and recordings, as well as the number of excerpts and
summaries thereof and the number of written notes and
memoranda made in connection therewith that have been
included in the deposit; and (d) the date of the original written
authorization granted by the Anti-Terrorism Council to the
applicant to file the ex parte application to conduct the tracking
down, tapping, intercepting, and recording, as well as the date
of any extension or renewal of the original written authority
granted by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of such
tapes, discs, and recordings, and that no duplicates or copies
of the whole or any part of any of such excerpts, summaries,
written notes, and memoranda, have been made, or, if made,
that all such duplicates and copies are included in the sealed
envelope or sealed package, as the case may be, deposited
with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement
official to omit or exclude from the joint affidavit any item or
portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any
of the acts prescribed in the preceding paragraph shall suffer
the penalty of not less than ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed
envelope or sealed package and the contents thereof, which
are deposited with the authorizing division of the Court of
Appeals, shall be deemed and are hereby declared classified
information, and the sealed envelope or sealed package shall
not be opened and its contents (including the tapes, discs, and
recordings and all the excerpts and summaries thereof and the
notes and memoranda made in connection therewith) shall not
be divulged, revealed, read, replayed, or used as evidence
unless authorized by written order of the authorizing division of
the Court of Appeals, which written order shall be granted only
upon a written application of the Department of Justice filed
before the authorizing division of the Court of Appeals and only
upon a showing that the Department of Justice has been duly
authorized in writing by the Anti-Terrorism Council to file the
application with proper written notice the person whose
conversation, communication, message discussion or spoken
or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge,
and use the contents of the sealed envelope or sealed
package as evidence.
Any person, law enforcement official or judicial authority who
violates his duty to notify in writing the persons subject of the
surveillance as defined above shall suffer the penalty of six

years and one day to eight years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope
or Sealed Package. - The written application with notice to the
party concerned to open the deposited sealed envelope or
sealed package shall clearly state the purpose or reason: (a)
for opening the sealed envelope or sealed package; (b) for
revealing or disclosing its classified contents; (c) for replaying,
divulging, and or reading any of the listened to, intercepted,
and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the
excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith); [ and, (d) for using
any of said listened to, intercepted, and recorded
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.
violates his duty to notify as defined above shall suffer the
penalty of six years and one day to eight years of
imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any
listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written
words, or any part or parts thereof, or any information or fact
contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been
secured in violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence against
anybody in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious
Interceptions and/or Recordings. - Any police or law
enforcement personnel who, not being authorized to do so by
the authorizing division of the Court of Appeals, tracks down,
taps, listens to, intercepts, and records in whatever manner or
form any communication, message, conversation, discussion,
or spoken or written word of a person charged with or
suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism shall be guilty of an offense and shall suffer
of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10) years
and one day to twelve (12) years of imprisonment and the
accessory penalty of perpetual absolute disqualification from
public office shall be imposed upon any police or law
enforcement personnel who maliciously obtained an authority
from the Court of Appeals to track down, tap, listen to,
intercept, and record in whatever manner or form any
communication, message, conversation, discussion, or spoken
or written words of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism: Provided,
That notwithstanding Section 13 of this Act, the party aggrieved
by such authorization shall be allowed access to the sealed
envelope or sealed package and the contents thereof as

evidence for the prosecution of any police or law enforcement
personnel who maliciously procured said authorization.
SEC.
17. Proscription
of
Terrorist
Organizations,
Association, or Group of Persons. - Any organization,
association, or group of persons organized for the purpose of
engaging in terrorism, or which, although not organized for that
purpose, actually uses the acts to terrorize mentioned in this
Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to
coerce the government to give in to an unlawful demand shall,
upon application of the Department of Justice before a
competent Regional Trial Court, with due notice and
opportunity to be heard given to the organization, association,
or group of persons concerned, be declared as a terrorist and
outlawed organization, association, or group of persons by the
said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of
Arrest. - The provisions of Article 125 of the Revised Penal
Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in
writing by the Anti-Terrorism Council has taken custody of a
person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall, without
incurring any criminal liability for delay in the delivery of
detained persons to the proper judicial authorities, deliver said
charged or suspected person to the proper judicial authority
within a period of three days counted from the moment the said
charged or suspected person has been apprehended or
arrested, detained, and taken into custody by the said police,
or law enforcement personnel: Provided, That the arrest of
those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under
Section 7 and examination of bank deposits under Section 27
of this Act.
The police or law enforcement personnel concerned shall,
before detaining the person suspected of the crime of
terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took
place at any time of the day or night. It shall be the duty of the
judge, among other things, to ascertain the identity of the
police or law enforcement personnel and the person or
persons they have arrested and presented before him or her,
to inquire of them the reasons why they have arrested the
person and determine by questioning and personal observation
whether or not the suspect has been subjected to any physical,
moral or psychological torture by whom and why. The judge
shall then submit a written report of what he/she had observed
when the subject was brought before him to the proper court
that has jurisdiction over the case of the person thus arrested.
The judge shall forthwith submit his/her report within three
calendar days from the time the suspect was brought to his/her
residence or office.
Immediately after taking custody of a person charged with or
suspected of the crime of terrorism or conspiracy to commit
terrorism, the police or law enforcement personnel shall notify
in writing the judge of the court nearest the place of
apprehension or arrest: Provided ,That where the arrest is

made during Saturdays, Sundays, holidays or after office
hours, the written notice shall be served at the residence of the
judge nearest the place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years
of imprisonment shall be imposed upon the police or law
enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or
Imminent Terrorist Attack. - In the event of an actual or
imminent terrorist attack, suspects may not be detained for
more than three days without the written approval of a
municipal, city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of Appeals nearest the
place of the arrest. If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the arresting police or
law enforcement personnel shall bring the person thus arrested
to the residence of any of the officials mentioned above that is
nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured
by the police or law enforcement personnel concerned within
five days after the date of the detention of the persons
concerned: Provided, however, That within three days after the
detention the suspects, whose connection with the terror attack
or threat is not established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the
Proper Judicial Authority within Three Days. - The penalty
of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
terrorism and fails to deliver such charged or suspected person
to the proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. The moment a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism is
apprehended or arrested and detained, he shall forthwith be
informed, by the arresting police or law enforcement officers or
by the police or law enforcement officers to whose custody the
person concerned is brought, of his or her right: (a) to be
informed of the nature and cause of his arrest, to remain silent
and to have competent and independent counsel preferably of
his choice. If the person cannot afford the services of counsel
of his or her choice, the police or law enforcement officers
concerned shall immediately contact the free legal assistance
unit of the Integrated Bar of the Philippines (IBP) or the Public
Attorney's Office (PAO). It shall be the duty of the free legal
assistance unit of the IBP or the PAO thus contacted to
immediately visit the person(s) detained and provide him or her
with legal assistance. These rights cannot be waived except in
writing and in the presence of the counsel of choice; (b)
informed of the cause or causes of his detention in the
presence of his legal counsel; (c) allowed to communicate
freely with his legal counsel and to confer with them at any
time without restriction; (d) allowed to communicate freely and
privately without restrictions with the members of his family or

with his nearest relatives and to be visited by them; and, (e)
allowed freely to avail of the service of a physician or
physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. Any police or law enforcement personnel, or any personnel of
the police or other law enforcement custodial unit that violates
any of the aforesaid rights of a person charged with or
to commit terrorism shall be guilty of an offense and shall suffer
of imprisonment.
Unless the police or law enforcement personnel who violated
the rights of a detainee or detainees as stated above is duly
identified, the same penalty shall be imposed on the police
officer or hear or leader of the law enforcement unit having
custody of the detainee at the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook
and its Contents. - The police or other law enforcement
custodial unit in whose care and control the person charged
with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism has been placed under
custodial arrest and detention shall keep a securely and
orderly maintained official logbook, which is hereby declared
as a public document and opened to and made available for
.the inspection and scrutiny of the lawyer or lawyers of the
person under custody or any member of his or her family or
relative by consanguinity or affinity within the fourth civil degree
or his or her physician at any time of the day or night without
any form of restriction. The logbook shall contain a clear and
concise record of: (a) the name, description, and address of
the detained person; (b) the date and exact time of his initial
admission for custodial arrest and detention; (c) the name and
address of the physician or physicians who examined him
physically and medically; (d) the state of his health and
physical condition at the time of his initial admission for
custodial detention; (e) the date and time of each removal of
the detained person from his cell for interrogation or for any
purpose; (f) the date and time of his return to his cell; (g) the
name and address of the physician or physicians who
physically and medically examined him after each
interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such
interrogation; (i) the names and addresses of his family
members and nearest relatives, if any and if available; (j) the
names and addresses of persons, who visit the detained
person; (k) the date and time of each of such visits; (1) the
date and time of each request of the detained person to
communicate and confer with his legal counsel or counsels;
(m) the date and time of each visit, and date and time of each
departure of his legal counsel or counsels; and, (n) all other
important events bearing on and all relevant details regarding
the treatment of the detained person while under custodial
arrest and detention.
The said police or law enforcement custodial unit shall upon
demand of the aforementioned lawyer or lawyers or members
of the family or relatives within the fourth civil degree of
consanguinity or affinity of the person under custody or his or

her physician issue a certified true copy of the entries of the
logbook relative to the concerned detained person without
delay or restriction or requiring any fees whatsoever including
documentary stamp tax, notarial fees, and the like. This
certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to
scrutinize it at the time the demand for the certified true copy is
made.
The police or other law enforcement custodial unit who fails to
comply with the preceding paragraph to keep an official
logbook shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and
Interrogation. - No threat, intimidation, or coercion, and no act
which will inflict any form of physical pain or torment, or mental,
moral, or psychological pressure, on the detained person,
which shall vitiate his freewill, shall be employed in his
investigation and interrogation for the crime of terrorism or the
crime of conspiracy to commit terrorism; otherwise, the
evidence obtained from said detained person resulting from
such threat, intimidation, or coercion, or from such inflicted
physical pain or torment, or mental, moral, or psychological
pressure, shall be, in its entirety, absolutely not admissible and
usable as evidence in any judicial, quasi-judicial, legislative, or
SEC. 25. Penalty for Threat, Intimidation, Coercion, or
Torture in the Investigation and Interrogation of a
Detained Person. - Any person or persons who use threat,
intimidation, or coercion, or who inflict physical pain or torment,
or mental, moral, or psychological pressure, which shall vitiate
the free-will of a charged or suspected person under
investigation and interrogation for the crime of terrorism or the
crime of conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of twelve (12) years and
one day to twenty (20) years of imprisonment.
When death or serious permanent disability of said detained
person occurs as a consequence of the use of such threat,
intimidation, or coercion, or as a consequence of the infliction
on him of such physical pain or torment, or as a consequence
of the infliction on him of such mental, moral, or psychological
pressure, the penalty shall be twelve (12) years and one day to
twenty (20) years of imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of
guilt is not strong, and the person charged with the crime of
terrorism or conspiracy to commit terrorism is entitled to bail
and is granted the same, the court, upon application by the
prosecutor, shall limit the right of travel of the accused to within
the municipality or city where he resides or where the case is
pending, in the interest of national security and public safety,
consistent with Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the authorization of
the court, shall be deemed a violation of the terms and
conditions of his bail, which shall then be forfeited as provided
under the Rules of Court.
He/she may also be placed under house arrest by order of the

court at his or her usual place of residence.
organization, association or group of persons; or (3) of any

member of such organization, association, or group of persons.
While under house arrest, he or she may not use telephones,

cellphones, e-mails, computers, the internet or other means of
communications with people outside the residence until
otherwise ordered by the court.
SEC. 29. Classification and Contents of the Court Order

Authorizing the Examination of Bank Deposits, Accounts,
and Records. - The written order granted by the authorizing
division of the Court of Appeals as well as its order, if any, to
extend or renew the same, the original ex parte application of
the applicant, including his ex parte application to extend or
renew, if any, and the written authorizations of the AntiTerrorism Council, shall be deemed and are hereby declared
as classified information: Provided, That the person whose
bank deposits, placements, trust accounts, assets, and records
have been examined, frozen, sequestered and seized by law
enforcement authorities has the right to be informed of the acts
done by the law enforcement authorities in the premises or to
challenge, if he or she intends to do so, the legality of the
interference. The written order of the authorizing division of the
Court of Appeals designated to handle cases involving
terrorism shall specify: (a) the identify of the said: (1) person
charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) judicially declared and
persons; and (3) member of such judicially declared and
outlawed organization, association, or group of persons, as the
case may be. whose deposits, placements, trust accounts,
assets, and records are to be examined or the information to
be gathered; (b) the identity of the bank or financial Institution
where such deposits, placements, trust accounts, assets, and
records are held and maintained; (c) the identity of the persons
who will conduct the said examination and the gathering of the
desired information; and, (d) the length of time the
authorization shall be carried out.
The restrictions abovementioned shall be terminated upon the

acquittal of the accused or of the dismissal of the case filed
against him or earlier upon the discretion of the court on
motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records. - The provisions of
Republic Act No. 1405 as amended, to the contrary
notwithstanding, the justices of the Court of Appeals
designated as a special court to handle anti-terrorism cases
after satisfying themselves of the existence of probable cause
in a hearing called for that purpose that: (1) a person charged
with or suspected of the crime of terrorism or, conspiracy to
commit terrorism, (2) of a judicially declared and outlawed
terrorist organization, association, or group of persons; and (3)
of a member of such judicially declared and outlawed
organization, association, or group of persons, may authorize
in writing any police or law enforcement officer and the
members of his/her team duly authorized in writing by the antiterrorism council to: (a) examine, or cause the examination of,
the deposits, placements, trust accounts, assets and records in
a bank or financial institution; and (b) gather or cause the
gathering of any relevant information about such deposits,
placements, trust accounts, assets, and records from a bank or
financial institution. The bank or financial institution concerned,
shall not refuse to allow such examination or to provide the
desired information, when so, ordered by and served with the
written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits,
Accounts, and Records. - The written order of the Court of
Appeals authorizing the examination of bank deposits,
placements, trust accounts, assets, and records: (1) of a
person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of any judicially declared
and outlawed terrorist organization, association, or group of
persons, or (3) of any member of such organization,
association, or group of persons in a bank or financial
institution, and the gathering of any relevant information about
the same from said bank or financial institution, shall only be
granted by the authorizing division of the Court of Appeals
upon an ex parte application to that effect of a police or of a
law enforcement official who has been duly authorized in
writing to file such ex parte application by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte
application, and upon examination under oath or affirmation of
the applicant and, the witnesses he may produce to establish
the facts that will justify the need and urgency of examining
and freezing the bank deposits, placements, trust accounts,
assets, and records: (1) of the person charged with or
terrorism; (2) of a judicially declared and outlawed terrorist
SEC. 30. Effective Period of Court Authorization to

Examine and Obtain Information on Bank Deposits,
Accounts, and Records. - The authorization issued or
granted by the authorizing division of the Court of Appeals to
examine or cause the examination of and to freeze bank
deposits, placements, trust accounts, assets, and records, or
to gather information about the same, shall be effective for the
length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a
period of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or
renew the said authorization for another period, which shall not
exceed thirty (30) days renewable to another thirty (30) days
from the expiration of the original period: Provided, That the
authorizing division of the Court of Appeals is satisfied that
such extension or renewal is in the public interest: and,
Provided, further, That the application for extension or renewal,
which must be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is
physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant among
the members of the ream named in the original written order of
the authorizing division of the Court of Appeals shall file the

application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement
personnel under Section 19 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office for any
violation of this Act.
package deposited with the authorizing division of the Court of

Appeals; (f) the date of the original written authorization
granted by the Anti-Terrorism Council to the applicant to file the
ex parte Application to conduct the examination of the said
bank deposits, placements, trust accounts, assets and records,
as well as the date of any extension or renewal of the original
written authorization granted by the authorizing division of the
Court of Appeals; and (g) that the items Enumerated were all
that were found in the bank or financial institution examined at
the time of the completion of the examination.
If no case is filed within the thirty (30)-day period, the applicant

police or law enforcement official shall immediately notify in
writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets
and records. The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify in
writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets
and records.
The joint affidavit shall also certify under oath that no

duplicates or copies of the information, data, excerpts,
summaries, notes, memoranda, working sheets, reports, and
documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records have
been made, or, if made, that all such duplicates and copies are
placed in the sealed envelope or sealed package deposited
with the authorizing division of the Court of Appeals.

violates his duty to notify in writing as defined above shall
suffer the penalty of six years and one day to eight years of
imprisonment.
It shall be unlawful for any person, police officer or custodian of

the bank data and information obtained after examination of
deposits, placements, trust accounts, assets and records to
copy, to remove, delete, expunge, incinerate, shred or destroy
in any manner the items enumerated above in whole or in part
under any pretext whatsoever,
SEC. 31. Custody of Bank Data and Information Obtained

after Examination of Deposits, Placements, Trust
Accounts, Assets and Records. - All information, data,
excerpts, summaries, notes, memoranda, working sheets,
reports, and other documents obtained from the examination of
the bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism; (2)
a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of any such
organization, association, or group of persons shall, within
forty-eight (48) hours after the expiration of the period fixed in
the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of
the extension or renewal granted by the authorizing division of
the Court of Appeals, be deposited with the authorizing division
of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be accompanied by a
joint affidavit of the applicant police or law enforcement official
and the persons who actually conducted the examination of
said bank deposits, placements, trust accounts, assets and
records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall
state: (a) the identifying marks, numbers, or symbols of the
deposits, placements, trust accounts, assets, and records
examined; (b) the identity and address of the bank or financial
institution where such deposits, placements, trust accounts,
assets, and records are held and maintained; (c) the number of
bank deposits, placements, trust accounts, assets, and records
discovered, examined, and frozen; (d) the outstanding
balances of each of such deposits, placements, trust accounts,
assets; (e) all information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, documents, records
examined and placed in the sealed envelope or sealed
Any person who copies, removes, deletes, expunges,

incinerates, shreds or destroys the items enumerated above
shall suffer a penalty of not less than six years and one day to
twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed
envelope or sealed package and the contents thereof, which
are deposited with the authorizing division of the Court of
Appeals, shall be deemed and are hereby declared classified
information and the sealed envelope or sealed package shall
not be opened and its contents shall not be divulged, revealed,
read, or used as evidence unless authorized in a written order
of the authorizing division of the Court of Appeals, which
written order shall be granted only upon a written application of
the Department of Justice filed before the authorizing division
of the Court of Appeals and only upon a showing that the
Department of Justice has been duly authorized in writing by
the Anti-Terrorism Council to file the application, with notice in
writing to the party concerned not later than three days before
the scheduled opening, to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as
evidence.
violates his duty to notify in writing as defined above shall
suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. The written application, with notice in writing to the party
concerned not later than three days of the scheduled opening,
to open the sealed envelope or sealed package shall clearly
state the purpose and reason: (a) for opening the sealed
envelope or sealed package; (b) for revealing and disclosing its
classified contents; and, (c) for using the classified information,

data, excerpts, summaries, notes, memoranda, working
sheets, reports, and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents acquired from
the examination of the bank deposits, placements, trust
accounts, assets and records of: (1) a person charged or
to commit terrorism; (2) a judicially declared and outlawed
terrorist organization, association, or group of persons; or (3) a
member of such organization, association, or group of persons,
which have been secured in violation of the provisions of this
Act, shall absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative, or
SEC. 36. Penalty for Unauthorized or Malicious
Examination of a Bank or a Financial Institution. - Any
person, police or law enforcement personnel who examines
the deposits, placements, trust accounts, assets, or records in
a bank or financial institution of: (1) a person charged with or
to commit terrorism; (2) a judicially declared and outlawed
terrorist organization, association, or group of persons; or (3) a
member of such organization, association, or group of persons,
without being authorized to do so by the Court of Appeals, shall
be guilty of an offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10) years
and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel, who
maliciously obtained an authority from the Court of Appeals to
examine the deposits, placements, trust accounts, assets, or
records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) a judicially declared and
persons; or (3) a member of such organization, association, or
group of persons: Provided, That notwithstanding Section 33 of
this Act, the party aggrieved by such authorization shall upon
motion duly filed be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the
prosecution of any police or law enforcement personnel who
maliciously procured said authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying
a Court Authorization. - An employee, official, or a member of
the board of directors of a bank or financial institution, who
refuses to allow the examination of the deposits, placements,
trust accounts, assets, and records of: (1) a person charged
with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and
outlawed organization, association, or group of persons; or (3)
a member of such judicially declared and outlawed
organization, association, or group of persons in said bank or
financial institution, when duly served with the written order of
the authorizing division of the Court of Appeals, shall be guilty
of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits. - Any
false or untruthful statement or misrepresentation of material
fact in the joint affidavits required respectively in Section 12
and Section 32 of this Act shall constitute a criminal offense
and the affiants shall suffer individually the penalty of ten (10)
SEC. 39. Seizure and Sequestration. - The deposits and their
outstanding balances, placements, trust accounts, assets, and
records in any bank or financial institution, moneys,
businesses, transportation and communication equipment,
supplies and other implements, and property of whatever kind
and nature belonging: (1) to any person suspected of or
charged before a competent Regional Trial Court for the crime
of terrorism or the crime of conspiracy to commit terrorism; (2)
to a judicially declared and outlawed organization, association,
or group of persons; or (3) to a member of such organization,
association, or group of persons shall be seized, sequestered,
and frozen in order to prevent their use, transfer, or
conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such
sums as may be reasonably needed by the monthly needs of
his family including the services of his or her counsel and his or
her family's medical needs upon approval of the court. He or
she may also use any of his property that is under seizure or
sequestration or frozen because of his/her indictment as a
terrorist upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the
proper division of the Court of Appeals to allow the person
accused of the crime of terrorism or of the crime of conspiracy
to commit terrorism to withdraw such sums from sequestered
or frozen deposits, placements, trust accounts, assets and
records as may be necessary for the regular sustenance of
his/her family or to use any of his/her property that has been
seized, sequestered or frozen for legitimate purposes while
his/her case is pending shall suffer the penalty of ten (10)
SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and
Records. - The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records belonging to a
person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism shall be deemed as property
held in trust by the bank or financial institution for such person
and the government during the pendency of the investigation of
the person suspected of or during the pendency of the trial of
the person charged with any of the said crimes, as the case
may be and their use or disposition while the case is pending
shall be subject to the approval of the court before which the
case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Record. - If the person suspected of or charged

with the crime of terrorism or conspiracy to commit terrorism is
found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or his
case is dismissed before his arraignment by a competent
court, the seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and records shall
forthwith be deemed lifted by the investigating body or by the
competent court, as the case may be, and his bank deposits,
placements, trust accounts, assets and records shall be
deemed released from such seizure, sequestration and
freezing, and shall be restored to him without any delay by the
bank or financial institution concerned without any further
action on his part. The filing of any appeal on motion for
reconsideration shall not state the release of said funds from
seizure, sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy
to commit terrorism is convicted by a final judgment of a
competent trial court, his seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records shall
be automatically forfeited in favor of the government.
Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of Five hundred thousand
pesos (P500.000.00) a day for the period in which his
properties, assets or funds were seized shall be paid to him on
the concept of liquidated damages. The amount shall be taken
from the appropriations of the police or law enforcement
agency that caused the filing of the enumerated charges
against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or
Delay in Restoring Seized, Sequestered and Frozen Bank
Records. - Any person who unjustifiably refuses to restore or
delays the restoration of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a
person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism after such suspected person
has been found innocent by the investigating body or after the
case against such charged person has been dismissed or after
he is acquitted by a competent court shall suffer the penalty of
ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or
Dissipation of Seized, Sequestered and Frozen Bank
Records. - Any person who is responsible for the loss, misuse,
diversion, or dissipation of the whole or any part of the seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records of a person suspected of or
charged with the crime of terrorism or conspiracy to commit
terrorism shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. Any public officer who has direct custody of a detained person
or under the provisions of this Act and who by his deliberate
act, misconduct, or inexcusable negligence causes or allows
the escape of such detained person shall be guilty of an

offense and shall suffer the penalty of: (a) twelve (12) years
and one day to twenty (20) years of imprisonment, if the
detained person has already been convicted and sentenced in
a final judgment of a competent court; and (b) six years and
one day to twelve (12) years of imprisonment, if the detained
person has not been convicted and sentenced in a final
judgment of a competent court.
SEC. 45. Immunity and Protection of Government
Witnesses. - The provisions of Republic Act No. 6981
(Witness Protection, Security and Benefits Act) to the contrary
notwithstanding, the immunity of government witnesses
testifying under this Act shall be governed by Sections 17 and
18 of Rule 119 of the Rules of Court: Provided, however, That
said witnesses shall be entitled to benefits granted to
witnesses under said Republic Act No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified
Materials. - The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon any
person, police or law enforcement agent, judicial officer or civil
servant who, not being authorized by the Court of Appeals to
do so, reveals in any manner or form any classified information
under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged
Document, or Spurious Evidence. - The penalty of twelve
(12) years and one day to twenty (20) years of imprisonment
shall be imposed upon any person who knowingly furnishes
false testimony, forged document or spurious evidence in any
investigation or hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or
conspiracy to commit terrorism, the judge shall set the
continuous trial on a daily basis from Monday to Friday or other
short-term trial calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to
Another Prosecution under the Revised Penal Code or any
Special Penal Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form and
substance to sustain a conviction and after the accused had
pleaded to the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for
any offense or felony which is necessarily included in the
offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. Upon acquittal, any person who is accused of terrorism shall
be entitled to the payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for every day that he
or she has been detained or deprived of liberty or arrested
without a warrant as a result of such an accusation. The
amount of damages shall be automatically charged against the
appropriations of the police agency or the Anti-Terrorism
Council that brought or sanctioned the filing of the charges
against the accused. It shall also be released within fifteen (15)
days from the date of the acquittal of the accused. The award
of damages mentioned above shall be without prejudice to the
right of the acquitted accused to file criminal or administrative

charges against those responsible for charging him with the
case of terrorism.
Any officer, employee, personnel, or person who delays the
release or refuses to release the amounts awarded to the
individual acquitted of the crime of terrorism as directed in the
paragraph immediately preceding shall suffer the penalty of six
months of imprisonment.
If the deductions are less than the amounts due to the detained
persons, the amount needed to complete the compensation
shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current
budget of the police or law enforcement agency concerned, the
amount shall be automatically included in the appropriations of
the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and
Address of the Informant. - The police or law enforcement
officers to whom the name or a suspect in the crime of
terrorism was first revealed shall record the real name and the
specific address of the informant.
The police or law enforcement officials concerned shall report
the informant's name and address to their superior officer who
shall transmit the information to the Congressional Oversight
Committee or to the proper court within five days after the
suspect was placed under arrest or his properties were
sequestered, seized or frozen.
The National Intelligence Coordinating Agency shall be the

Secretariat of the Council. The Council shall define the powers,
duties, and functions of the National Intelligence Coordinating
Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil
Defense, the Intelligence Service of the Armed Forces of the
Philippines, the Anti-Money Laundering Council, the Philippine
Center on Transnational Crime, and the Philippine National
Police intelligence and investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt comprehensive,
adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and eradicate
terrorism in the country and to protect the people from acts of
terrorism. Nothing herein shall be interpreted to empower the
Anti-Terrorism Council to exercise any judicial or quasi-judicial
power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate
in the previous Section, the Council shall have the following
functions with due regard for the rights of the people as
mandated by the Constitution and pertinent laws:
1. Formulate and adopt plans, programs and countermeasures against terrorists and acts of terrorism in
the country;
2. Coordinate all national efforts to suppress and eradicate
acts of terrorism in the country and mobilize the entire
nation against terrorism prescribed in this Act;
The name and address of the informant shall be considered

confidential and shall not be unnecessarily revealed until after
the proceedings against the suspect shall have been
terminated.
3. Direct the speedy investigation and prosecution of all

persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of their
cases;
SEC. 52. Applicability of the Revised Penal Code. - The

provisions of Book I of the Revised Penal Code shall be
applicable to this Act.
4. Establish and maintain comprehensive data-base

information system on terrorism, terrorist activities, and
counter-terrorism operations;
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council,

hereinafter referred to, for brevity, as the "Council," is hereby
created. The members of the Council are: (1) the Executive
Secretary, who shall be its Chairperson; (2) the Secretary of
Justice, who shall be its Vice Chairperson; and (3) the
Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local
Government; (6) the Secretary of Finance; and (7) the National
Security Advisor, as its other members.
5. Freeze the funds property, bank deposits, placements,

trust accounts, assets and records belonging to a person
suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism, pursuant to Republic Act
No. 9160, otherwise known as the Anti-Money Laundering
Act of 2001, as amended;
The Council shall implement this Act and assume the

responsibility for the proper and effective implementation of the
anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the
Council shall be subject to such security classifications as the
Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
6. Grant monetary rewards and other incentives to

informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime
of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the
cooperation and assistance of other nations in the struggle
against international terrorism; and
8. Request the Supreme Court to designate specific

divisions of the Court of Appeals and Regional Trial Courts
in Manila, Cebu City and Cagayan de Oro City, as the case
may be, to handle all cases involving the crime of terrorism
or conspiracy to commit terrorism and all matters incident to
said crimes. The Secretary of Justice shall assign a team of
prosecutors from: (a) Luzon to handle terrorism cases filed
in the Regional Trial Court in Manila; (b) from the Visayas to
handle cases filed in Cebu City; and (c) from Mindanao to
handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The
Commission on Human Rights shall give the highest priority to
the investigation and prosecution of violations of civil and
political rights of persons in relation to the implementation of
this Act; and for this purpose, the Commission shall have the
concurrent jurisdiction to prosecute public officials, law
enforcers, and other persons who may have violated the civil
and political rights of persons suspected of, or detained for the
crime of terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is
hereby created a Grievance Committee composed of the
Ombudsman, as chair, and the Solicitor General, and an
undersecretary from the Department of Justice (DOJ), as
members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the
implementation of this Act. The Committee shall hold office in
Manila. The Committee shall have three subcommittees that
will be respectively headed by the Deputy Ombudsmen in
Luzon, the Visayas and Mindanao. The subcommittees shall
respectively hold office at the Offices of Deputy Ombudsman.
Three Assistant Solicitors General designated by the Solicitor
General, and the regional prosecutors of the DOJ assigned to
the regions where the Deputy Ombudsmen hold office shall be
members thereof. The three subcommittees shall assist the
Grievance Committee in receiving, investigating and evaluating
complaints against the police and other law enforcement
officers in the implementation of this Act. If the evidence
warrants it, they may file the appropriate cases against the
erring police and law enforcement officers. Unless seasonably
disowned or denounced by the complainants, decisions or
judgments in the said cases shall preclude the filing of other
cases based on the same cause or causes of action as those
that were filed with the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person
suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his
or her testimony is needed for terrorist related police
investigations or judicial trials in the said country and unless
his or her human rights, including the right against torture, and
right to counsel, are officially assured by the requesting country
and transmitted accordingly and approved by the Department
of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject
to the provision of an existing treaty of which the Philippines is
a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply:
(1) to individual persons who commit any of the crimes defined
and punished in this Act within the terrestrial domain, interior

waters, maritime zone, and airspace of the Philippines; (2) to
individual persons who, although physically outside the
territorial limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this Act
inside the territorial limits of the Philippines; (3) to individual
persons who, although physically outside the territorial limits of
the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship; (4) to individual persons
who commit any of said crimes within any embassy, consulate,
or diplomatic premises belonging to or occupied by the
Philippine government in an official capacity; (5) to individual
persons who, although physically outside the territorial limits of
the Philippines, commit said crimes against Philippine citizens
or persons of Philippines descent, where their citizenship or
ethnicity was a factor in the commission of the crime; and (6) to
individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes directly
against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby
created a Joint Oversight Committee to oversee the
implementation of this Act. The Oversight Committee shall be
composed of five members each from the Senate and the
House in addition to the Chairs of the Committees of Public
Order of both Houses who shall also Chair the Oversight
Committee in the order specified herein. The membership of
the Committee for every House shall at least have two
opposition or minority members. The Joint Oversight
Committee shall have its own independent counsel. The Chair
of the Committee shall rotate every six months with the Senate
chairing it for the first six months and the House for the next six
months. In every case, the ranking opposition or minority
member of the Committee shall be the Vice Chair. Upon the
expiration of one year after this Act is approved by the
President, the Committee shall review the Act particularly the
provision that authorize the surveillance of suspects of or
persons charged with the crime of terrorism. To that end, the
Committee shall summon the police and law enforcement
officers and the members of the Anti-Terrorism Council and
require them to answer questions from the members of
Congress and to submit a written report of the acts they have
done in the implementation of the law including the manner in
which the persons suspected of or charged with the crime of
terrorism have been dealt with in their custody and from the
date when the movements of the latter were subjected to
surveillance and his or her correspondences, messages,
conversations and the like were listened to or subjected to
monitoring, recording and tapping. Without prejudice to its
submitting other reports, the Committee shall render a
semiannual report to both Houses of Congress. The report
may include where necessary a recommendation to reassess
the effects of globalization on terrorist activities on the people,
provide a sunset clause to or amend any portion of the Act or
to repeal the Act in its entirety. The courts dealing with antiterrorism cases shall submit to Congress and the President a
report every six months of the status of anti-terrorism cases
that have been filed with them starting from the date this Act is
implemented.
SEC. 60. Separability Clause. - If for any reason any part or

provision of this Act is declared unconstitutional or invalid, the
other parts or provisions hereof which are not affected thereby
shall remain and continue to be in full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive
orders, rules or regulations or parts thereof, inconsistent with
the provisions of this Act are hereby repealed, amended, or
modified accordingly.
pursuant to Chapter 7 of the Charter of the United Nations

(UN).
Toward this end, the State shall reinforce its fight against
terrorism by criminalizing the financing of terrorism and related
offenses, and by preventing and suppressing the commission
of said offenses through freezing and forfeiture of properties or
funds while protecting human rights.
Section 3. Definition of Terms. As used in this Act:
SEC. 62. Special Effectivity Clause. - After the bill shall have
been signed into law by the President, the Act shall be
published in three newspapers of national circulation; three
newspapers of local circulation, one each in llocos Norte,
Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three
newspapers of local circulation, one each in Cagayan de Oro,
Davao and General Santos city.
The title of the Act and its provisions defining the acts of
terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over three
national television and radio networks; three radio and
television networks, one each in Cebu, Tacloban and lloilo; and
in five radio and television networks, one each in Lanao del
Sur, Cagayan de Oro, Davao City, Cotabato City and
Zamboanga City. The publication in the newspapers of local
circulation and the announcements over local radio and
television networks shall be done in the dominant language of
the community. After the publication required above shall have
been done, the Act shall take effect two months after the
elections are held in May 2007. Thereafter, the provisions of
this Act shall be automatically suspended one month before
and two months as after the holding of any election.
REPUBLIC ACT NO. 10168
June 20, 2012
AN ACT DEFINING THE CRIME OF FINANCING OF

TERRORISM, PROVIDING PENALTIES THEREFOR AND
FOR OTHER PURPOSES
Section 1. Short Title. This Act shall be known as "The
Terrorism Financing Prevention and Suppression Act of 2012?.
Section 2. Declaration of Policy. It is the policy of the State
to protect life, liberty, and property from acts of terrorism and to
condemn terrorism and those who support and finance it and
to recognize it as inimical and dangerous to national security
and the welfare of the people, and to make the financing of
terrorism a crime against the Filipino people, against humanity,
and against the law of nations.
The State, likewise, recognizes and adheres to international
commitments to combat the financing of terrorism, specifically
to the International Convention for the Suppression of the
Financing of Terrorism, as well as other binding terrorismrelated resolutions of the United Nations Security Council
(a) Anti-Money Laundering Council (AMLC) refers to the

Council created by virtue of Republic Act No. 9160, as
amended, otherwise known as the "Anti-Money
Laundering Act of 2001, as amended".
(b) Anti-Terrorism Council (ATC) refers to the Council
created by, virtue of Republic Act No. 9372, otherwise
known as the "Human Security Act of 2007?.
(c) Covered institutions refer to or shall have the same
meaning as defined under the Anti-Money Laundering Act
(AMLA), as amended.
(d) Dealing, with regard to property or funds refers to
receipt, acquisition, transacting, representing, concealing,
disposing or converting, transferring or moving, use as
security of or providing financial services.
(e) Designated persons refers to:
(1) any person or entity designated and/or identified
as a terrorist, one who finances terrorism, or a
terrorist organization or group under the applicable
United Nations Security Council Resolution or by
another jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of
persons proscribed pursuant to Section 17 of the
Human Security Act of 2007; or
(3) any person, organization, association, or group
of persons whose funds or property, based on
probable cause are subject to seizure and
sequestration under Section 39 of the Human
Security Act of 2007.
(f) Forfeiture refers to a court order transferring in favor of
the government, after due process, ownership of property
or funds representing, involving, or relating to financing of
terrorism as defined in Section 4 or an offense under
Sections 5, 6, 7, 8, or 9 of this Act.
(g) Freeze refers to the blocking or restraining of specific
property or funds from being transacted, converted,
concealed, moved or disposed without affecting the
ownership thereof.
(h) Property or funds refer to financial assets, property of

every kind, whether tangible or intangible, movable or
immovable, however acquired, and legal documents or
instruments in any form, including electronic or digital,
evidencing title to, or interest in, such funds or other assets,
including, but not limited to, bank credits, travellers
cheques, bank cheques, money orders, shares, securities,
bonds, drafts, or letters of credit, and any interest,
dividends or other income on or value accruing from or
generated by such funds or other assets.
(i) Terrorist refers to any natural person who: (1) commits,
or attempts, or conspires to commit terrorist acts by any
means, directly or indirectly, unlawfully and willfully; (2)
participates, as a principal or as an accomplice, in terrorist
acts; (3) organizes or directs others to commit terrorist
acts; or (4) contributes to the commission of terrorist acts
by a group of persons acting with a common purpose
where the contribution is made intentionally and with the
aim of furthering the terrorist act or with the knowledge of
the intention of the group to commit a terrorist act.
(j) Terrorist acts refer to the following:
(1) Any act in violation of Section 3 or Section 4 of the
Human Security Act of 2007;
(2) Any other act intended to cause death or serious
bodily injury to a civilian, or to any other person not
taking an active part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its
nature or context, is to intimidate a population, or to
compel a government or an international organization
to do or to abstain from doing any act;
(3) Any act which constitutes an offense under this Act,
that is within the scope of any of the following treaties
of which the Republic of the Philippines is a State
party:
(a) Convention for the Suppression of Unlawful
Seizure of Aircraft, done at The Hague on 16
December 1970 ;
(b) Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, done at
Montreal on 23 September 1971 ;
(c) Convention on the Prevention and Punishment
of Crimes against Internationally Protected
Persons, including Diplomatic Agents, adopted by
the General Assembly of the United Nations on 14
December 1973;
(d) International Convention against the Taking of
Hostages, adopted by the General Assembly of
the United Nations on 17 December 1979;
(e) Convention on the Physical Protection of

Nuclear Material, adopted at Vienna on 3 March
1980 ;
(f) Protocol for the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil
Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on 24 February 1988
;
(g) Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation, done at
Rome on 10 March 1988 ;
(h) Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms located on the
Continental Shelf, done at Rome on 10 March
1988; or
(i) International Convention for the Suppression of
Terrorist Bombings, adopted by the General
Assembly of the United Nations on 15 December
1997.
(k) Terrorist organization, association or a group of
persons refers to any entity owned or controlled by
any terrorist or group of terrorists that: (1) commits,
or attempts to commit, terrorist acts by any means,
directly or indirectly, unlawfully and willfully; (2)
participates as an accomplice in terrorist acts; (3)
organizes or directs others to commit terrorist acts;
or (4) contributes to the commission of terrorist acts
by a group of persons acting with common purpose
of furthering the terrorist act where the contribution
is made intentionally and with the aim of furthering
the terrorist act or with the knowledge of the
intention of the group to commit a terrorist act.
Section 4. Financing of Terrorism. Any person who, directly
or indirectly, willfully and without lawful excuse, possesses,
provides, collects or uses property or funds or makes available
property, funds or financial service or other related services, by
any means, with the unlawful and willful intention that they
should be used or with the knowledge that they are to be used,
in full or in part: (a) to carry out or facilitate the commission of
any terrorist act; (b) by a terrorist organization, association or
group; or (c) by an individual terrorist, shall be guilty of the
crime of financing of terrorism and shall suffer the penalty of
reclusion temporal in its maximum period to reclusion perpetua
and a fine of not less than Five hundred thousand pesos
(Php500,000.00) nor more than One million pesos
(Php1,000,000.00).
Any person who organizes or directs others to commit
financing of terrorism under the immediately preceding
paragraph shall likewise be guilty of an offense and shall suffer
the same penalty as herein prescribed.
For purposes of this Act, knowledge or intent may be

established by direct evidence or inferred from the attendant
circumstances. For an act to constitute a crime under this Act,
it shall not be necessary that the funds were actually used to
carry out a crime referred to in Section 3(j).
Section 5. Attempt or Conspiracy to Commit the Crimes of
Financing of Terrorism and Dealing with Property or Funds of
Designated Persons. Any attempt to commit any crime under
Section 4 or Section 8 under this Act shall be penalized by a
penalty two degrees lower than that prescribed for the
commission of the same as provided under this Act.
Any conspiracy to commit any crime under Section 4 or
Section 8 of this Act shall be penalized by the same penalty
prescribed for the commission of such crime under the said
sections.
There is conspiracy to commit the offenses punishable under
Sections 4 and 8 of this Act when two (2) or more persons
come to an agreement concerning the commission of such
offenses and decided to commit it.
Section 6. Accomplice. Any person who, not being a
principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 5 hereof, cooperates in the
execution of either the crime of financing of terrorism or
conspiracy to commit the crime of financing of terrorism by
previous or simultaneous acts shall suffer the penalty one
degree lower than that prescribed for the conspirator.
Section 7. Accessory. Any person who, having knowledge of
the commission of the crime of financing of terrorism but
without having participated therein as a principal, takes part
subsequent to its commission, by profiting from it or by
assisting the principal or principals to profit by the effects of the
crime, or by concealing or destroying the effects of the crime in
order to prevent its discovery, or by harboring, concealing or
assisting in the escape of a principal of the crime shall be guilty
as an accessory to the crime of financing of terrorism and shall
be imposed a penalty two degrees lower than that prescribed
for principals in the crime of financing terrorism.
Section 8. Prohibition Against Dealing with Property or Funds
of Designated Persons. Any person who, not being an
accomplice under Section 6 or accessory under Section 7 in
relation to any property or fund: (i) deals directly or indirectly, in
any way and by any means, with any property or fund that he
knows or has reasonable ground to believe is owned or
controlled by a designated person, organization, association or
group of persons, including funds derived or generated from
property or funds owned or controlled, directly or indirectly, by
a designated person, organization, association or group of
persons; or (ii) makes available any property or funds, or
financial services or other related services to a designated
and/or identified person, organization, association, or group of
persons, shall suffer the penalty of reclusion temporal in its
maximum period to reclusion perpetua and a fine of not less
than Five hundred thousand pesos (Php500,000.00) nor more
than One million pesos (Php1,000,000.00).
Section 9. Offense by a Juridical Person, Corporate Body or

Alien. If the offender is a corporation, association,
partnership or any juridical person, the penalty shall be
imposed upon the responsible officers, as the case may be,
who participated in, or allowed by their gross negligence, the
commission of the crime or who shall have knowingly permitted
or failed to prevent its commission. If the offender is a juridical
person, the court may suspend or revoke its license. If the
offender is an alien, the alien shall, in addition to the penalties
herein prescribed, be deported without further proceedings
after serving the penalties herein prescribed.
Section 10. Authority to Investigate Financing of Terrorism.
The AMLC, either upon its own initiative or at the request of the
ATC, is hereby authorized to investigate: (a) any property or
funds that are in any way related to financing of terrorism or
acts of terrorism; (b) property or funds of any person or
persons in relation to whom there is probable cause to believe
that such person or persons are committing or attempting or
conspiring to commit, or participating in or facilitating the
financing of terrorism or acts of terrorism as defined herein.
The AMLC may also enlist the assistance of any branch,
department, bureau, office, agency or instrumentality of the
government, including government-owned and -controlled
corporations in undertaking measures to counter the financing
of terrorism, which may include the use of its personnel,
facilities and resources.
For purposes of this section and notwithstanding the provisions
of Republic Act No. 1405, otherwise known as the "Law on
Secrecy of Bank Deposits", as amended; Republic Act No.
6426, otherwise known as the "Foreign Currency Deposit Act
of the Philippines", as amended; Republic Act No. 8791,
otherwise known as "The General Banking Law of 2000? and
other laws, the AMLC is hereby authorized to inquire into or
examine deposits and investments with any banking institution
or non-bank financial institution and their subsidiaries and
affiliates without a court order.
Section 11. Authority to Freeze. The AMLC, either upon its
own initiative or at the request of the ATC, is hereby authorized
to issue an ex parte order to freeze without delay: (a) property
or funds that are in any way related to financing of terrorism or
acts of terrorism; or (b) property or funds of any person, group
of persons, terrorist organization, or association, in relation to
whom there is probable cause to believe that they are
committing or attempting or conspiring to commit, or
participating in or facilitating the commission of financing of
terrorism or acts of terrorism as defined herein.
The freeze order shall be effective for a period not exceeding
twenty (20) days. Upon a petition filed by the AMLC before the
expiration of the period, the effectivity of the freeze order may
be extended up to a period not exceeding six (6) months upon
order of the Court of Appeals: Provided, That the twenty-day
period shall be tolled upon filing of a petition to extend the
effectivity of the freeze order.
Notwithstanding the preceding paragraphs, the AMLC,
consistent with the Philippines international obligations, shall
be authorized to issue a freeze order with respect to property

or funds of a designated organization, association, group or
any individual to comply with binding terrorism-related
Resolutions, including Resolution No. 1373, of the UN Security
Council pursuant to Article 41 of the Charter of the UN. Said
freeze order shall be effective until the basis for the issuance
thereof shall have been lifted. During the effectivity of the
freeze order, an aggrieved party may, within twenty (20) days
from issuance, file with the Court of Appeals a petition to
determine the basis of the freeze order according to the
principle of effective judicial protection.
However, if the property or funds subject of the freeze order
under the immediately preceding paragraph are found to be in
any way related to financing of terrorism or acts of terrorism
committed within the jurisdiction of the Philippines , said
property or funds shall be the subject of civil forfeiture
proceedings as hereinafter provided.
Section 12. Exceptions for Investigative Requirements.
Notwithstanding the immediately preceding provision, the
AMLC may decide to defer the issuance of a freeze order for
as
long
as
necessary
for
any
specific
investigative/prosecutorial purposes.
Section 13. Humanitarian Exemptions. The person whose
property or funds have been frozen under the first paragraph of
Section 11 may withdraw such sums as the court determines to
be reasonably needed for monthly family needs and
sustenance including the services of counsel and the family
medical needs of such person.1wphi1
The person whose property or funds have been frozen under
the third paragraph of Section 11 may withdraw such sums as
the AMLC determines to be reasonably needed for monthly
family needs including the services of counsel and the family
medical needs of such person.
Section 14. Appropriation and Use of Funds of Public
Attorneys Office (PAO). Any appropriation and use of funds
of PAO to provide free legal assistance or services to persons
charged of the offenses defined and penalized herein shall not
be construed as a violation of this Act, thereby exempting the
PAO from any liability.
Section 15. Publication of Designation. The Department of
Foreign Affairs with respect to designation under Section 3 (e)
(1) of this Act, and the ATC with respect to designation under
Section 3 (e) (2) and (3) and Section 11 of this Act, shall
publish a list of the designated persons to which this Act or the
Human Security Act applies. The concerned agencies shall
ensure that an electronic version of the document is made
available to the public on their respective website.
Each respective agency or authority shall ensure that
information on procedures established in rules and regulations
issued pursuant to this Act for delisting, unfreezing and
exemptions for basic, necessary or extraordinary expenses
shall likewise be made available in their respective website.
Section 16. Duty of the Covered Institutions and/or Relevant

Government Agencies Upon Receipt of the Freeze Order.
Upon receipt of the notice of a freeze order, the covered
institutions and/or relevant government agencies shall
immediately preserve the subject property or funds in
accordance with the order of the AMLC and shall forthwith
serve a copy of the notice of the freeze order upon the owner
or holder of the property or funds. Any responsible officer or
other person who fails to comply with a freeze order shall
suffer the penalty of imprisonment from six (6) months to four
(4) years and a fine of not less than One hundred thousand
pesos (Php100,000.00) nor more than Five hundred thousand
pesos (Php500,000.00), at the discretion of the court, without
prejudice to the administrative sanctions that the AMLC may
impose on the erring covered institution.
Section 17. Predicate Offense to Money Laundering.
Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, and 7 of this Act shall be
predicate offenses to money laundering as defined in Republic
Act No. 9160, otherwise known as the "Anti-Money Laundering
Act of 2001?, as amended, and subject to its suspicious
transaction reporting requirement.
Section 18. Civil Forfeiture. The procedure for the civil
forfeiture of property or funds found to be in any way related to
financing of terrorism under Section 4 and other offenses
punishable under Sections 5, 6, and 7 of this Act shall be made
in accordance with the AMLA, as amended, its Revised
Implementing Rules and Regulations and the Rules of
Procedure promulgated by the Supreme Court.
Section 19. Extra-Territorial Application of this Act. Subject to
the provision of an existing treaty, including the International
Convention for the Suppression of the Financing of Terrorism
of which the Philippines is a State Party, and to any contrary
provision of any law of preferential application, the criminal
provisions of this Act shall apply: (a) to individual persons who,
although physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit any of the
crimes defined and punished in this Act inside the territorial
limits of the Philippines; (b) to individual persons who, although
physically outside the territorial limits of the Philippines, commit
any of the said crimes on board Philippine ship or Philippine
airship; (c) to individual persons who commit any of said
crimes within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government in an
official capacity; (d) to individual persons who, although
physically outside the territorial limits of the Philippines, commit
said crimes against Philippine citizens or persons of Philippine
descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and (e) to individual persons who,
although physically outside the territorial limits of the
Philippines, commit said crimes directly against the Philippine
government.
The provisions of this Act shall likewise apply to a Filipino
national who, although outside the territorial jurisdiction of the
Philippines , commit, conspire or plot to commit any of the
crimes defined and punished in this Act.
In case of an alien whose extradition is requested pursuant to

the International Convention for the Suppression of the
Financing of Terrorism, and that alien is not extradited to the
requesting State, the Republic of the Philippines, without
exception whatsoever and whether or not the offense was
committed in the Philippines, shall submit the case without
undue delay to the Department of Justice for the purpose of
prosecution in the same manner as if the act constituting the
offense had been committed in the Philippines, in which case,
the courts of the Philippines shall have jurisdiction over the
offense.
Section 20. Extradition. The Philippines may, at its option,
subject to the principle of reciprocity, consider the International
Convention for the Suppression of the Financing of Terrorism
as a legal basis for requesting or granting extradition in respect
of the offenses set forth under this Act.
Section 21. Applicability of the Revised Penal Code. The
provisions of Book I of the Revised Penal Code shall apply
suppletorily to this Act.
Section 22. Implementing Rules and Regulations. - Within
thirty (30) days from the effectivity of this Act, the AMLC, in
coordination with relevant government agencies, shall
promulgate rules and regulations to implement effectively the
provisions of this Act.
The rules and regulations to be promulgated may include, but
not limited to, designation, delisting, notification of matters of
interest of persons affected by the Act, exceptions for basic,
necessary and extraordinary expenses, matters of evidence,
definition of probable cause, inter-agency coordination,
publication of relevant information, administrative offenses and
penalties, procedures and forms, and other mechanisms for
implementation of the Act.
Section 23. Separability Clause. If, for any reason, any
provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue to be
in force and effect.
Section 24. Repealing Clause. All laws, decrees, executive
orders, proclamations, rules and regulations, and other
issuances, or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed or modified
accordingly.
Section 25. Effectivity Clause. This Act shall take effect
fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.
Approved,
BAYAN
MUNA
VS
G. R. No. 159618, February 01, 2011
ROMULO
(a) be surrendered or transferred by any means to any

international tribunal for any purpose, unless such tribunal has
been established by the UN Security Council, or
Facts:
Petitioner Bayan Muna is a duly registered party-list group
established to represent the marginalized sectors of society.
Respondent Blas F. Ople, now deceased, was the Secretary of
Foreign Affairs during the period material to this case.
Respondent Alberto Romulo was impleaded in his capacity as
then Executive Secretary.
Rome Statute of the International Criminal Court
Having a key determinative bearing on this case is the Rome
Statute establishing the International Criminal Court (ICC) with
the power to exercise its jurisdiction over persons for the most
serious crimes of international concern x x x and shall be
complementary to the national criminal jurisdictions. The
serious crimes adverted to cover those considered grave under
international law, such as genocide, crimes against humanity,
war crimes, and crimes of aggression.
On December 28, 2000, the RP, through Charge dAffaires
Enrique A. Manalo, signed the Rome Statute which, by its
terms, is subject to ratification, acceptance or approval by the
signatory states. As of the filing of the instant petition, only 92
out of the 139 signatory countries appear to have completed
the ratification, approval and concurrence process. The
Philippines
is
not
among
the
92.
RP-US Non-Surrender Agreement
On May 9, 2003, then Ambassador Francis J. Ricciardone sent
US Embassy Note No. 0470 to the Department of Foreign
Affairs (DFA) proposing the terms of the non-surrender bilateral
agreement (Agreement, hereinafter) between the USA and the
RP.
Via Exchange of Notes No. BFO-028-037 dated May 13, 2003
(E/N BFO-028-03, hereinafter), the RP, represented by then
DFA Secretary Ople, agreed with and accepted the US
proposals embodied under the US Embassy Note adverted to
and put in effect the Agreement with the US government. In
esse, the Agreement aims to protect what it refers to and
defines as persons of the RP and US from frivolous and
harassment suits that might be brought against them in
international tribunals.8 It is reflective of the increasing pace of
the strategic security and defense partnership between the two
countries. As of May 2, 2003, similar bilateral agreements have
been effected by and between the US and 33 other countries.
(b) be surrendered or transferred by any means to any other

entity or third country, or expelled to a third country, for the
purpose of surrender to or transfer to any international tribunal,
unless such tribunal has been established by the UN Security
Council.
3. When the [US] extradites, surrenders, or otherwise transfers
a person of the Philippines to a third country, the [US] will not
agree to the surrender or transfer of that person by the third
country to any international tribunal, unless such tribunal has
been established by the UN Security Council, absent the
express consent of the Government of the Republic of the
Philippines [GRP].
4. When the [GRP] extradites, surrenders, or otherwise
transfers a person of the [USA] to a third country, the [GRP] will
not agree to the surrender or transfer of that person by the
third country to any international tribunal, unless such tribunal
has been established by the UN Security Council, absent the
express consent of the Government of the [US].
5. This Agreement shall remain in force until one year after the
date on which one party notifies the other of its intent to
terminate the Agreement. The provisions of this Agreement
shall continue to apply with respect to any act occurring, or any
allegation arising, before the effective date of termination.
In response to a query of then Solicitor General Alfredo L.
Benipayo on the status of the non-surrender agreement,
Ambassador Ricciardone replied in his letter of October 28,
2003 that the exchange of diplomatic notes constituted a
legally binding agreement under international law; and that,
under US law, the said agreement did not require the advice
and
consent
of
the
US
Senate.
In this proceeding, petitioner imputes grave abuse of discretion
to respondents in concluding and ratifying the Agreement and
prays that it be struck down as unconstitutional, or at least
declared as without force and effect.
Issue: Whether or not the RP-US NON SURRENDER
AGREEMENT is void ab initio for contracting obligations that
are either immoral or otherwise at variance with universally
recognized principles of international law.
Ruling: The petition is bereft of merit.
The Agreement pertinently provides as follows:
Validity of the RP-US Non-Surrender Agreement
1. For purposes of this Agreement, persons are current or

former
Government
officials,
employees
(including
contractors), or military personnel or nationals of one Party.
Petitioners initial challenge against the Agreement relates to

form, its threshold posture being that E/N BFO-028-03 cannot
be a valid medium for concluding the Agreement.
2. Persons of one Party present in the territory of the other

shall not, absent the express consent of the first Party,
Petitioners contentionperhaps taken unaware of certain

well-recognized international doctrines, practices, and
jargonsis untenable. One of these is the doctrine of
incorporation, as expressed in Section 2, Article II of the

Constitution, wherein the Philippines adopts the generally
accepted principles of international law and international
jurisprudence as part of the law of the land and adheres to the
policy of peace, cooperation, and amity with all nations. An
exchange of notes falls into the category of inter-governmental
agreements, which is an internationally accepted form of
international agreement. The United Nations Treaty Collections
(Treaty Reference Guide) defines the term as follows:
An exchange of notes is a record of a routine agreement, that
has many similarities with the private law contract. The
agreement consists of the exchange of two documents, each
of the parties being in the possession of the one signed by the
representative of the other. Under the usual procedure, the
accepting State repeats the text of the offering State to record
its assent. The signatories of the letters may be government
Ministers, diplomats or departmental heads. The technique of
exchange of notes is frequently resorted to, either because of
its speedy procedure, or, sometimes, to avoid the process of
legislative approval.
In another perspective, the terms exchange of notes and
executive agreements have been used interchangeably,
exchange of notes being considered a form of executive
agreement that becomes binding through executive action. On
the other hand, executive agreements concluded by the
President sometimes take the form of exchange of notes and
at other times that of more formal documents denominated
agreements or protocols. As former US High Commissioner
to the Philippines Francis B. Sayre observed in his work, The
Constitutionality of Trade Agreement Acts:
The point where ordinary correspondence between this and
other governments ends and agreements whether
denominated executive agreements or exchange of notes or
otherwise begin, may sometimes be difficult of ready
ascertainment.
x
x
x
It is fairly clear from the foregoing disquisition that E/N BFO028-03be it viewed as the Non-Surrender Agreement itself,
or as an integral instrument of acceptance thereof or as
consent to be boundis a recognized mode of concluding a
legally binding international written contract among nations.
Agreement
Not
Immoral/Not
with Principles of International Law
at
Variance
Petitioner urges that the Agreement be struck down as void ab

initio for imposing immoral obligations and/or being at variance
with allegedly universally recognized principles of international
law. The immoral aspect proceeds from the fact that the
Agreement, as petitioner would put it, leaves criminals
immune from responsibility for unimaginable atrocities that
deeply shock the conscience of humanity; x x x it precludes our
country from delivering an American criminal to the [ICC] x x
x.63
The above argument is a kind of recycling of petitioners earlier
position, which, as already discussed, contends that the RP, by
entering into the Agreement, virtually abdicated its sovereignty
and in the process undermined its treaty obligations under the

Rome Statute, contrary to international law principles.
The Court is not persuaded. Suffice it to state in this regard
that the non-surrender agreement, as aptly described by the
Solicitor General, is an assertion by the Philippines of its
desire to try and punish crimes under its national law. x x x The
agreement is a recognition of the primacy and competence of
the countrys judiciary to try offenses under its national criminal
laws and dispense justice fairly and judiciously.
Petitioner, we believe, labors under the erroneous impression
that the Agreement would allow Filipinos and Americans
committing high crimes of international concern to escape
criminal trial and punishment. This is manifestly incorrect.
Persons who may have committed acts penalized under the
Rome Statute can be prosecuted and punished in the
Philippines or in the US; or with the consent of the RP or the
US, before the ICC, assuming, for the nonce, that all the
formalities necessary to bind both countries to the Rome
Statute have been met. For perspective, what the Agreement
contextually prohibits is the surrender by either party of
individuals to international tribunals, like the ICC, without the
consent of the other party, which may desire to prosecute the
crime under its existing laws. With the view we take of things,
there is nothing immoral or violative of international law
concepts in the act of the Philippines of assuming criminal
jurisdiction pursuant to the non-surrender agreement over an
offense considered criminal by both Philippine laws and the
Rome Statute.
MERCURY DRUG v CIR
FACTS:
Mercury Drug granted 20% sales discount to qualified senior
citizens on their purchases of medicines. They subsequently
filed a refund for taxable years 1993 and 1994 given that the
then prevailing rule allowed that the sales discounts be claimed
as tax credits.
ISSUE:
Is the claim for tax credit to be based on the full amount of the
20% senior citizen discount or the acquisition cost of the
item sold?
HELD:
The tax credit should be equivalent to the actual 20% sales
discount granted to the senior citizens. The previous ruling of
the CTA that the tax credit is based only on the cost of the
discount which was interpreted to cover only direct acquisition
cost, excluding administrative and other incremental costs, was
struck down by the Court.
N.B. The March 3, 2008 case of M.E. Holdings Corporation vs.
CIR & CTA clarified that the rule will be -- (i) prior to March 21,
2004 (effectivity of Expanded Senior Citizens Act) the
discounts are treated as tax credit; (ii) after March 21, 2004 the
same are treated as deductions.
MANILA MEMORIAL PARK VS. DSWD
GR. 175356
Facts:
On April 23, 1992, RA 7432 was passed into law, granting
senior citizens the following privileges: SECTION 4. Privileges
for the Senior Citizens. The senior citizens shall be entitled to
the following:
a) the grant of twenty percent (20%) discount from all
establishments relative to utilization of transportation services,
hotels and similar lodging establishment[s], restaurants and
recreation centers and purchase of medicine anywhere in the
country: Provided, That private establishments may claim the
cost as tax credit;
b) a minimum of twenty percent (20%) discount on admission
fees charged by theaters, cinema houses and concert halls,
circuses, carnivals and other similar places of culture, leisure,
and amusement;
xxx
On August 23, 1993, Revenue Regulations (RR) No. 0294 was
issued to implement RA 7432. Sections 2(i) and 4 of RR No.
0294 provide:
Sec. 2. DEFINITIONS. For purposes of these regulations: i.
Tax Credit refers to the amount representing the 20%
discount granted to a qualified senior citizen by all
establishments relative to their utilization of transportation
services, hotels and similar lodging establishments,
restaurants, drugstores, recreation centers, theaters, cinema
houses, concert halls, circuses, carnivals and other similar
places of culture, leisure and amusement, which discount shall
be deducted by the said establishments from their gross
income for income tax purposes and from their gross sales for
valueadded tax or other percentage tax purposes.
On February 26, 2004, RA 92578 amended certain provisions
of RA 7432, to wit:SECTION 4. Privileges for the Senior
Citizens. The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount from all
establishments relative to the utilization of services in hotels
and similar lodging establishments, restaurants and recreation
centers, and purchase of medicines in all establishments for
the exclusive use or enjoyment of senior citizens, including
funeral and burial services for the death of senior citizens;
xxxx
The establishment may claim the discounts granted under (a),
(f), (g) and (h) as tax deduction based on the net cost of the
goods sold or services rendered: Provided, That the cost of the
discount shall be allowed as deduction from gross income for
the same taxable year that the discount is granted. Provided,
further, That the total amount of the claimed tax deduction net
of value added tax if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal
Revenue Code, as amended.
To implement the tax provisions of RA 9257, the Secretary of
Finance issued RR No. 42006, the pertinent provision of which
provides:
SEC. 8. AVAILMENT BY ESTABLISHMENTS OF SALES
DISCOUNTS AS DEDUCTION FROM GROSS INCOME.
Establishments enumerated in subparagraph (6) hereunder
granting sales discounts to senior citizens on the sale of goods
and/or services specified thereunder are entitled to deduct the
said discount from gross income subject to the following
conditions:
Xxx
To implement the tax provisions of RA 9257, the Secretary of

Finance issued RR No. 42006, the pertinent provision of which
provides:
SEC. 8. AVAILMENT BY ESTABLISHMENTS OF SALES
DISCOUNTS AS DEDUCTION FROM GROSS INCOME.
Establishments enumerated in subparagraph (6) hereunder
granting sales discounts to senior citizens on the sale of goods
and/or services specified thereunder are entitled to deduct the
said discount from gross income subject to the following
conditions:
Xxx
Feeling aggrieved by the tax deduction scheme, petitioners
filed the present recourse, praying that Section 4 of RA 7432,
as amended by RA 9257, and the implementing rules and
regulations issued by the DSWD and the DOF be declared
unconstitutional
insofar
as
these
allow
business
establishments to claim the 20% discount given to senior
citizens as a tax deduction; that the DSWD and the DOF be
prohibited from enforcing the same; and that the tax credit
treatment of the 20% discount under the former Section 4 (a)
of RA 7432 be reinstated.
Issue:
WHETHER SECTION 4 OF REPUBLIC ACT NO. 9257 AND
ITS IMPLEMENTING RULES AND REGULATIONS, INSOFAR
AS THEY PROVIDE THAT THE TWENTY PERCENT (20%)
DISCOUNT TO SENIOR CITIZENS MAY BE CLAIMED AS A
TAX DEDUCTION BY THE PRIVATE ESTABLISHMENTS,
ARE INVALID AND UNCONSTITUTIONAL.
Ruling:
No. Based on the afore-stated DOF Opinion, the tax deduction
scheme does not fully reimburse petitioners for the discount
privilege accorded to senior citizens. This is because the
discount is treated as a deduction, a tax-deductible expense
that is subtracted from the gross income and results in a lower
taxable income. Being a tax deduction, the discount does not
reduce taxes owed on a peso for peso basis but merely offers
a fractional reduction in taxes owed. Theoretically, the
treatment of the discount as a deduction reduces the net
income of the private establishments concerned. The discounts
given would have entered the coffers and formed part of the
gross sales of the private establishments, were it not for R.A.
No. 9257. The permanent reduction in their total revenues is a
forced subsidy corresponding to the taking of private property
for public use or benefit. This constitutes compensable taking
for which petitioners would ordinarily become entitled to a just
compensation. Just compensation is defined as the full and fair
equivalent of the property taken from its owner by the
expropriator. The measure is not the takers gain but the
owners loss. The word just is used to intensify the meaning of
the word compensation, and to convey the idea that the
equivalent to be rendered for the property to be taken shall be
real,
substantial,
full
and
ample.
A tax deduction does not offer full reimbursement of the senior
citizen discount. As such, it would not meet the definition of just
compensation. Having said that, this raises the question of
whether the State, in promoting the health and welfare of a
special group of citizens, can impose upon private
establishments the burden of partly subsidizing a government
program.
The
Court
believes
so.
The Senior Citizens Act was enacted primarily to maximize the
contribution of senior citizens to nation-building, and to grant
benefits and privileges to them for their improvement and wellbeing as the State considers them an integral part of our
society.
The priority given to senior citizens finds its basis in the

Constitution
as
set
forth
in
the
law
itself.
As a form of reimbursement, the law provides that business
establishments extending the twenty percent discount to senior
citizens may claim the discount as a tax deduction. The law is
a legitimate exercise of police power which, similar to the
power of eminent domain, has general welfare for its object.
While the Constitution protects property rights, petitioners must
accept the realities of business and the State, in the exercise
of police power, can intervene in the operations of a business
which may result in an impairment of property rights in the
process.
Undeniably, the success of the senior citizens program rests
largely on the support imparted by petitioners and the other
private establishments concerned. This being the case, the
means employed in invoking the active participation of the
private sector, in order to achieve the purpose or objective of
the law, is reasonably and directly related. Without sufficient
proof that Section 4 (a) of R.A. No. 9257 is arbitrary, and that
the continued implementation of the same would be
unconscionably detrimental to petitioners, the Court will refrain
from quashing a legislative act. Carlos Superdrug Corp v.
DSWD,
553
Phil.
120
(2007).
When we ruled that petitioners in Carlos Superdrug case failed
to prove that the 20% discount is arbitrary, oppressive or
confiscatory. We noted that no evidence, such as a financial
report, to establish the impact of the 20% discount on the
overall profitability of petitioners was presented in order to
show that they would be operating at a loss due to the subject
regulation or that the continued implementation of the law
would be unconscionably detrimental to the business
operations
of
petitioners.
In the case at bar, petitioners proceeded with a hypothetical
computation of the alleged loss that they will suffer similar to
what the petitioners in Carlos Superdrug Corporationdid.
We, thus, found that the 20% discount as well as the tax
deduction scheme is a valid exercise of the police power of the
State. Thus, it is constitutional.
BERNARDO v NLRC
FACTS
1. Complainants numbering 43 (p. 176, Records) are deafmutes who were hired on various periods from 1988 to 1993 by
respondent Far East Bank and Trust Co. as Money Sorters and
Counters through Employment Contract for Handicapped
Workers.
2. By the time this case arose, there were fifty-six (56) deafmutes employed under said agreement
3. Disclaiming that complainants were regular employees,
respondent Far East Bank and Trust Company maintained that
complainants who are a special class of workersthe hearing
impaired employees were hired temporarily under [a] special
employment arrangement which was a result of overtures
made by some civic and political personalities to the
respondent Bank; that complainants were hired due to
pakiusap
4. LA: DISMISSED. NLRC: Art 280 does not apply. What
applies is Art 80, thus the contract shall be the law between the
parties.
ISSUE 1
W/N employees were illegally dismissed YES, but only those
who worked for more than 6 months and whose contracts are
renewed 27 total
HELD
The facts, viewed in light of the Labor Code and the Magna
Carta for Disabled Persons, indubitably show that the
petitioners, except sixteen of them, should be deemed regular
employees. As such, they have acquired legal rights that this
Court is duty-bound to protect and uphold, not as a matter of
compassion but as a consequence of law and justice
Bank alleges that these contracts were prepared in accordance
with Art. 80 which states that any worker who employs
handicapped workers shall, in entering into an employment
agreement, provide the duration of the employment period.
However, succeeding events and the enactment of RA No.
7277 (the Magna Carta for Disabled Persons), justify the
application of Article 280
From the 56 handicapped workers hired under the contract, 37
were renewed
This renewal is an indicator that their tasks were beneficial and
necessary to the bank
More importantly, these facts show that they were qualified to
perform the responsibilities of their positions. In other words,
their disability did not render them unqualified or unfit for the
tasks assigned to them.
Magna Carta for Disabled Persons mandates that a qualified
disabled employee should be given the same terms and
conditions of employment as a qualified able-bodied person.
Section 5 of the Magna Carta provides A qualified disabled
employee shall be subject to the same terms and conditions of
employment and the same compensation, privileges. . . as a
qualified able bodied person
The fact that the employees were qualified disabled persons
necessarily removes the employment contracts from the ambit
of Article 80. Since the Magna Carta accords them the rights of
qualified able-bodied persons, they are thus covered by Article
280 of the Labor Code
Now the test to determine WON an employee is regular can be
found in De Leon v. NLRC (based on Art. 280):
The test is whether the former is usually necessary or
desirable in the usual business or trade of the employer, by
considering the nature of the work performed and its relation to
the scheme of the particular business or trade in its entirety.
Also if the employee has been performing the job for at least
one year, even if the performance is not continuous and merely
intermittent, the law deems repeated and continuing need for
its performance as sufficient evidence of the necessity if not
indispensability of that activity to the business.
As applied to the case
Without a doubt, the task of counting and sorting bills isnecessary and
desirable to the business of respondent bank. With the exception of sixteen
of them, petitioners performed these tasks for more than six months. Thus
twenty-seven petitioners should be deemed regular employees
Therefore, the twenty-seven petitioners are entitled to security of tenure;
their services may be terminated only for a just or authorized cause.
Because respondent failed to show such cause, they are deemed illegally
dismissed.
Since bank claimes their job was no longer needed (tellers have the
responsibility of counting the money), petitioners are hereby awarded
separation pay in lieu of reinstatement
Other arguments of the respondents answered
On applicability of Brent School v. Zamora
The case upheld the validity of an employment contract with a fixed term.
However, the court notes that the decisive determinant in term employment should
not be the activities that the employee is called upon to perform but the day certain
agreed upon the parties. Also, where from the circumstances it is apparent that the
periods have been imposed to preclude acquisition of tenurial security by the

employee, they should be struck down or disregarded as contrary to public policy and
morals.
In this case, Article 280 and not Article 80 applies because petitioners are qualified for
their positions. (Art 80 refers to disabled persons differently qualified that those nondisabled)
Moreover, a contract of employment is impressed with public interest. Provisions of
applicable statutes are deemed written into the contract, and the parties are not at
liberty to insulate themselves and their relationships from the impact of labor laws by
mere stipulations
That petitioners were merely accomodated employees
This fact does not change the nature of their employment. An employee is regular
because of the nature of work and the length of service, not because of the mode or
even the reason for hiring them.
That the petitioners were informed from the start that they could not beome regular
employees
The character of employment is determined not by stipulations in the contract, but by
the nature of the work performed.
Final statement from the ponencia:
The noble objectives of Magna Carta for Disabled Persons are not based merely on
charity or accommodation, but on justice and the equal treatment of qualified persons,
disabled or not. In the present case, the handicap of petitioners (deaf-mutes) is not a
hindrance to their work. The eloquent proof of this statement is the repeated renewal
of their employment contracts.

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REPUBLIC ACT NO.

(e) Medical food refers to special milk formula devoid

(m) Rare Disease Registry refers to the secure health

SECTION 11. Rights and Privileges of Persons with Rare

Drug Administration (FDA) in accordance with DOH

(c) DILG, DepED, DSWD and DOLE shall ensure that

SECTION 23. Implementing Rules and Regulations (IRR).

AN ACT TO SECURE THE STATE AND PROTECT OUR

SEC. 3. Terrorism.- Any person who commits an act

SEC. 6. Accessory. - Any person who, having knowledge of

4. Republic Act No. 6235 (Anti-Hijacking Law);

SEC. 7. Surveillance of Suspects and Interception and

conviction of any charged or suspected person for, or to the

application for extension or renewal, which must be filed by the

SEC. 12. Contents of Joint Affidavit. - The joint affidavit of

surveillance as defined above shall suffer the penalty of six

envelope or sealed package and the contents thereof as

apprehension or arrest: Provided ,That where the arrest is

privately without restrictions with the members of his family or

consanguinity or affinity of the person under custody or his or

He/she may also be placed under house arrest by order of the

organization, association or group of persons; or (3) of any

While under house arrest, he or she may not use telephones,

SEC. 29. Classification and Contents of the Court Order

The restrictions abovementioned shall be terminated upon the

SEC. 30. Effective Period of Court Authorization to

the authorizing division of the Court of Appeals shall file the

package deposited with the authorizing division of the Court of

If no case is filed within the thirty (30)-day period, the applicant

The joint affidavit shall also certify under oath that no

Any person, law enforcement official or judicial authority who

It shall be unlawful for any person, police officer or custodian of

SEC. 31. Custody of Bank Data and Information Obtained

Any person who copies, removes, deletes, expunges,

classified contents; and, (c) for using the classified information,

Assets and Record. - If the person suspected of or charged

the escape of such detained person shall be guilty of an

right of the acquitted accused to file criminal or administrative

The National Intelligence Coordinating Agency shall be the

The name and address of the informant shall be considered

3. Direct the speedy investigation and prosecution of all

SEC. 52. Applicability of the Revised Penal Code. - The

4. Establish and maintain comprehensive data-base

SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council,

5. Freeze the funds property, bank deposits, placements,

The Council shall implement this Act and assume the

6. Grant monetary rewards and other incentives to

8. Request the Supreme Court to designate specific

and punished in this Act within the terrestrial domain, interior

SEC. 60. Separability Clause. - If for any reason any part or

pursuant to Chapter 7 of the Charter of the United Nations

June 20, 2012

AN ACT DEFINING THE CRIME OF FINANCING OF

(a) Anti-Money Laundering Council (AMLC) refers to the

(h) Property or funds refer to financial assets, property of

(e) Convention on the Physical Protection of

For purposes of this Act, knowledge or intent may be