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Special Penal Laws: THE HUMAN SECURITY ACT OF 2007 (Republic Act 9372)

REPUBLIC ACT NO. 9372

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM

TERRORISM

Be it enacted by the Senate and H ouse of Representatives of the Phil ippines in Congress

assembled:

SECTION 1. Shor t Titl e. This Act shall henceforth be known as the Human

Security Act of 2007.

The title is adequately apt and sufficiently serves the contents of the law as it

contemplates the security and safety of human life.

The Human Security Act of 2007 incepted from two bills representing the House of

Representatives and the Senate. The Houses bill was designated as Bill No. 4839 entitled:

AN ACT DEFINING TERRORISM, ESTABLISHING INSTITUTIONAL MECHANISM TO

PREVENT AND SUPRESS ITS COMMISSION, PROVIDING PENALTIES THEREFOR

AND FOR OTHER PURPOSES.

The Senate Bill on the other hand was designated as Bill 2137 entitled:

AN ACT TO DETER AND PUNISH ACTS OF TERRORISM AND FOR OTHERPURPOSES.

The consolidated proposals concluded with the present title: The Human Security Act of 2007.

Its enactment was purposefully done in pursuant to the United Nations Global Counter-

Terrorism Strategy in 2009 where Member States have agreed that each country they are

representing exert efforts to produce a global strategy to counter terrorism1. Such strategy

includes the measures on how to deter and obliterate the possibilities of terrorism in each and

every country. The United States of America, for instance, enacted the PATRIOT ACT as theirstrategy to counter terrorism and was enacted 43 days after the 9/11 bombing incident happened

at the World Trade Center in New York City on the 11th

of September of 2001. The act is an

1Oaminal, C.P. (2008). The Human Security Act of 2007 (Republic Act 9372) (A Manual for the Defenders of

Humanity). Quezon City: Central Book Supply Inc. (page 4, 5)


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acronym which stands for Providing Appropriate Tootles Required to Intercept and Obstruct

Terrorism Act of 2001.2

SEC. 2. Declaration of Policy. It is declared a policy of the State to protect life,liberty, and property from acts of terrorism, to condemn terrorism as inimical and

dangerous to the national security of the country and to the welfare of the people, and to

make terrorism a crime against the Filipino people, against humanity, and against the law

of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and

fundamental liberties of the people as enshrined in the constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach,

comprising political, economic, diplomatic, military, and legal means duly taking into

account the root causes of terrorism without acknowledging these as justifications for

terrorist and/or criminal activities. Such measures shall include conflict management and

post-conflict peace-building, addressing the roots of conflict by building state capacity and

promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of

constitutionally recognized powers of the executive branch of the government. It is to be

understood, however, that the exercise of the constitutionally recognized powers of the

executive department of the government shall not prejudice respect for human rights

which shall be absolute and protected at all times.

The obligation of the State to protect the citizens of the Philippines has originally sprung

and is primarily grounded on the Constitution itself. The sovereigns security is an imperative

duty incumbent upon them. To wit:

Sec. 4.The prime duty of the Government is to serve and protect the people. The Government

may call upon the people to defend the State and in the fulfillment thereof, all citizens may be

required, military or civil service.


Humanity). Quezon City: Central Book Supply Inc. (page 1)


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Sec. 5.The maintenance of peace and order, the protection of life, liberty, and property, and the

promotion of the general welfare are essential for the enjoyment by all the people of the

blessings of democracy.3

SEC. 3. Terrorism. Any person who commits an act punishable under any of the

following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

2. Article 134 (Rebellion or Insurrection);

3. Article 134-a (Coup dEtat), including acts committed by private persons;

4. Article 248 (Murder);

5. Article 267 (Kidnapping and Serious Illegal Detention);

6. Article 324 (Crimes Involving Destruction)

Or under:

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control

Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

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

5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,

6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and

Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic

among the populace, in order to coerce the government to give in to an unlawful demand

shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of

imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise

known as the Indeterminate Sentence Law, as amended.

Philippine Law does not precisely define Terrorism into a concise manner which confines

the understanding in a limited depiction but instead, enumerates unlawful acts already defined as

felony under the Revised Penal Code of the Philippines and other special laws which may

consequently result into Terrorism.

3ART. II, Sections. 4, 5. 1987 Constitution


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Terrorism is not exactly unfathomable and a list of felonies would actually amount to such.

There has been no consensus yet as to what is its precise definition. However, one of the bills of

the Senate from which the Human Security incepted categorically defined Terrorism which

apparently was not adopted in the enacted law. To wit:

House Bill No. 4839, Section 3 defines terrorism as:

Sec. 3. Terrorism Terrorism is the premeditated threatened or actual use of violence or force

or any other means that deliberately tend to cause or actually harm to persons, or of force and

other destructive means against property or the environment, with the intention of creating or

sowing a state of danger, panic, fear, or chaos to the general public or segment thereof, or of

coercing or intimidating the government to do or refrain from doing an act.4

Section 4 of the same house bill describes how it is committed:

Sec. 4. Terrorism; How Committed.Terrorism is committed by any person or group of persons

whether natural or juridical, state or non-state actors alike who deliberately causes harm to

persons and property, and creates a state of danger, panic, fear, and chaos to the general civilian

population, or who coerces or intimidates the government to do any invalid act or refrain from

doing a valid act by the commission of any of the following acts:

(1) Threatening or causing death or serious bodily harm to person or persons;

(2) Threatening or causing serious risk to health or safety of the public or any segment of the

public;

(3) Threatening or causing substantial damage or wanton destruction or resorting to arson on

critical infrastructure or property, public or private;

(4) Hijacking or threatening to hijack any kind of aircraft, electric or railroad train, locomotive,

passenger bus of other means of mass transportation, or public conveyance, or privacy of ship or

sea vessel;

(5) Kidnapping or serious illegal detention of any civilian;




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(6) Killing or violently attacking an internationally protected person or depriving such person of

liberty in violation of the Convention of the Protection and Punishment of Crimes Against

Internationally Protected Persons, including diplomatic agents, and other international

agreements;

(7) Attacking or threatening to attack the cyberspace by destroying information and

communication infrastructure or the information technology underlying the internet, government

or private networks or system: or committing any act against networks or systems; or committing

any act against network servers, computers or other information and communication systems;

(8) Willfully destroying natural resources in land, water and air, such as forests or marine

mineral resources, or internationally causing oil or toxic spillages, or other similar acts of

destruction against the environment that threatens ecological security;

(9) Unlawfully manufacturing, processing, selling, acquiring, possessing, using, diverting,

supplying, or transporting chemical, biological, radiological or nuclear agents or equipment and

instruments used in their production, distribution, release or spread; or

(10) Unlawfully manufacturing, selling, acquiring, supplying, disposing, using or possessing

explosives, bombs, grenades, projectiles, devices, or other lethal weapons or substances of

machinery used or intended to be used for the manufacture of explosives in furtherance of,

incident to or in connection with an act of terrorism as defined he rein.5

The following are felonies under the Revised Penal Code which the Human Security Act of 2007

considers as acts of Terrorism:

1.) Article 122. Piracy in General and Mutiny in the High Seas or in the Philippine Waters.The penalty of reclusion perpetua shall be inflicted upon any person who, in the high

seas or Philippine waters, shall attack or seize a vessel or, not being a member of its




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complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its

equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine

waters. (As amended by Sec. 3, R.A. 7659)

In the case of People v. Lol-lo, et al., (43 Phil. 19), Piracy is defined as a robbery or forcible

depredation on the high seas, without lawful authority and done with animo furandi and in the

spirit and intention of universal hostility.

The Revised Penal Code provides that there are two ways to commit piracy, to wit: 1) By

attacking or seizing a vessel on the high seas or in the Philippine waters; 2) By seizing in the

vessel while on the high seas or in Philippine waters the whole orpart of its cargo, its equipment

orpersonal belongings of its complement or passengers.6

For Piracy to be consummated, the following elements must concur: 1. That a vessel is on the

high seas or in Philippine waters; 2. That the offenders are not members of its complement or

passengers of the vessel; 3. That the offenders (a) attack or seize the vessel, or (b) seize the

whole or part of the cargo of said vessel, its equipment or personal belongings of its complement

or passengers.7

Mutiny on the other hand, is defined as to rise against lawful or constituted authority,

particularly in the naval or military service.8 The code provides that it may be committed by

passengers of the vessel itself but is usually committed by other members of the complement and

is done on the high seas or in the Philippine waters.9

Former Court of Appeals Assoc. Justice Luis B. Reyes classified Piracy and Mutiny when it is

considered Terrorism:

Under Republic Act No. 9372, otherwise known as the Human Security Act of 2007, approved on

March 6, 2007, a persons who commits an act punishable as piracy and mutiny under Article 122 thereby

6Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 31, 32)

7Id. (page 32)

8Black, H. (Sixth Ed.) (1990). B lacks Law Dictionary. St. Paul, Minnesota: West Publishing Co,

9Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 33)


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sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in

order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism,

and shall suffer the penalty of forty years of imprisonment without the benefit of parole.10

2.) Article 134. Rebellion or Insurrection; How committed. The crime of rebellion or

insurrection is committed by rising publicly and taking arms against the Government

for the purpose of removing from the allegiance to said Government or its laws, the

territory of the Philippine Islands or any part thereof, of any body of land, naval or

other armed forces, depriving the Chief Executive or the Legislature, wholly or

partially, of any of their powers or prerogatives. (As amended by R.A. 6968).

Rebellion and Insurrection, defined and distinguished:

Rebellion is to completely overthrow the object of the movement and tosupersede the existing

government. Insurrection on the other hand is usually referred to a movement which seeks

merely to effect some change of minor importanceor toprevent the exercise of governmental

authority with respect to particular matters or subjects.11

The elements of Article 134 are as follows:

1.) That there be (a) public uprising, and (b) taking arms against the Government;2.) That thepurpose of the uprising or movement is either

a) to remove from the allegiance to said Government or its laws:i) the territory of the Philippines or any part thereof; orii) any body of land, naval or other armed forces; or

b) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers ofc) their prerogatives.12

At par with the crime of Piracy and Mutiny on the high seas or Philippine waters, for Rebellion

and Insurrection to be committed as Terrorism, a person is considered guilty of terrorism if he

commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition

10Id. (page 34)

11Reyes, L.B. (Eighteenth Ed.). (2012). The Revised Penal Code (Book Two). Manila: REX Book Store (page 85, 86)

12Id. (page 85)


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4. On occasion of any of the calamities enumerated in the preceding paragraph, or of anearthquake, eruption of a volcano, destructive cyclone, epidemic or other public

calamity.

5. With evident premeditation.6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or

outraging or scoffing at his person or corpse.

The elements of murder are as follows:

1. That a person was killed.2. That the accused killed him.3. That the killing was attended by any of the qualifying circumstances mentioned in

Article 248.4. The killing is not parricide or infanticide.15

The circumstances which qualify a killing of a person as murder are:

1.) With treacheryInPeople v. Aguilar, the killing of victims was done treacherously whenthe shooting unexpected and sudden that the victims are not in the position to defend

themselves.

The means, methods or forms of attack must be consciously adoptedby the perpetrator of the

crime as to amount to treachery.16

Taking advantage of superior strengthAn example of which is when a man has a weapon

and takes advantage of such fact to kill someone.

With the aid of armed menIn U.S. v. Abaigar, it was held that for the circumstance to be

present, the armed men must take part in the commission of the crime whether directly or

indirectly.

Employing means to weaken the defense In U.S. v. Devala, a person who unexpectedly

throws a cloak over the head of another while in the event of murdering him is an

instance of such qualifying circumstance.17

15Id. (page 496)


17Id. (page 499)


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2) In consideration of a price, reward or promise In U.S. v. Parro and U.S. v. Alim, there

are two personalities illustrated:

a) Principal by induction the person who gave the price or reward or who made thepromise;

b) Principal by direct participationthe person who received the price or who accepted apromise of price or reward were it not for such consideration, he would not have killed

the victim.18

3) By means of fire, poison, explosion, etc. an example of which is when a homicide is

committed by poison, the intent to kill must be intertwined with the actual use of poison

and such would be used to attain the desire to murder a person.19

4) With evident premeditationThree things which the prosecution must prove to constitute

that such circumstance is present inculcated in the cases of People v. Leano and People v.

Causi:

a) the time the perpetrator determined the killing of his victim;b) the act of the perpetrator that he pursued to kill the victim grounded on his desire and

intent;

c) that there was a sufficient lapse of time between the period of determination &execution.

20

5) With cruelty Such circumstance exist if the wounds inflicted upon the victim are

deliberately or intently done by the perpetrator of the crime and such has nothing to do

with the killing of the victim. While injuries are inflicted upon the victim, he has to be

alive.21

18Id. (page 500)

19Id. Id.


21Id.


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it need not be the case that the person is placed in an inclosure but the act of detaining him and

depriving him of his liberty unlawfully in each and every manner constitutes illegal detention.22

6.) Art. 324. Crimes involving destruction. Any person who shall cause destruction by

means of explosion, discharge of electric current, inundation, sinking or stranding of avessel, intentional damaging of the engine of said vessel, taking up the rails from a

railway track, maliciously changing railway signals for the safety of moving trains,

destroying telegraph wires and telegraph posts, or those of any other system, and, in

general, by using any other agency or means of destruction as effective as those above

enumerated, shall be punished by reclusion temporal if the commission has endangered

the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

The elements of crimes involving destruction are as follows:

1. The offender causes destruction.2. Destruction is caused by any of the following means:

a. explosionb. discharge of electric currentc. inundation, sinking or stranding of a vessel, or intentional damaging of the engine of

saidvessel

d. taking up the rails from railway tracke. maliciously changing railway signals for the safety of moving trainsf. destroying telegraph wires and telegraph posts or those of any other systemg. using any other agency or means of destruction as effective as those above enumerated23

Contrasting crimes involving destruction with terrorism, a person who commits an act which

amounts to Crimes Involving Destruction of the Revised Penal Code under Article 324, which

sows and creates a condition of widespread and extraordinary fear and panic among the populace

with the intent to coerce the government to give in to an unlawful demand shall be guilty of

terrorism and shall suffer 40 years of imprisonment without the benefit of parole.24


23Id. (page 879, 880)

24Id. (page 880)


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Special Laws

1. Presidential Decree 1613This statute which was enacted by President Ferdinand Marcos amended the law on arson

found under the Revised Penal Code it was again amended by Republic Act No. 7659.25

Section 2.Destructive Arson.The penalty of Reclusion Temporal in its maximum period toReclusion Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture,education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance fortransportation of persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative

or other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,public or private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested

area.26

2. Republic Act No. 6969

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND

NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,

AND FOR OTHER PURPOSES

Section 13.Prohibited Acts. The following acts and omissions shall be considered

unlawful:

a) Knowingly use a chemical substance or mixture which is imported, manufactured,

processed or distributed in violation of this Act or implementing rules and regulations or

orders;

b) Failure or refusal to submit reports, notices or other information, access to records, as

required by this Act, or permit inspection of establishment where chemicals are

manufactured, processed, stored or otherwise held;



26Presidential Decree 1613 (1979), Sec. 2


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c) Failure or refusal to comply with the pre-manufacture and pre-importation

requirements; and

d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing

into Philippines territory, including its maritime economic zones, even in transit, either

by means of land, air or sea transportation or otherwise keeping in storage any amount of

hazardous and nuclear wastes in any part of the Philippines.27

3. Republic Act No. 5207AN ACT PROVIDING FOR THE LICENSING AND REGULATION OF ATOMIC

ENERGY FACILITIES AND MATERIALS, ESTABLISHING THE RULES ON

LIABILITY FOR NUCLEAR DAMAGE, AND FOR OTHER PURPOSES.28

4. Republic Act No. 6235AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND

FOR OTHER PURPOSES.

Section 1.It shall be unlawful for any person to compel a change in the course or

destination of an aircraft of Philippine registry, or to seize or usurp the control thereof,

while it is in flight. An aircraft is in flight from the moment all its external doors are closed

following embarkation until any of such doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land

in Philippine territory or to seize or usurp the control thereof while it is within the said

territory.

Section 2.Any person violating any provision of the foregoing section shall be punished by

an imprisonment of not less than twelve years but not more than twenty years, or by a fine

of not less than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five

thousand pesos but not more than fifty thousand pesos shall be imposed upon any person

committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

27Republic Act No. 6969 (1990), Sec. 13

28Republic Act No. 5207 (1968)


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2. Whenever he has exploded or attempted to explode any bomb or explosive

to destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or

rape.

Section 3.It shall be unlawful for any person, natural or juridical, to ship, load or carry in

any passenger aircraftoperating as a public utility within the Philippines, and explosive,

flammable, corrosive or poisonous substance or material.29

5. Presidential Decree 532ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

Section 2.Definition of Terms.The following terms shall mean and be understood, as

follows:

x x x

d. Piracy.Any attack upon or seizure of any vessel, or the taking away of the whole or part

thereof or its cargo, equipment, or the personal belongings of its complement or passengers,

irrespective of the value thereof, by means of violence against or intimidation of persons orforce upon things, committed by any person, including a passenger or member of the

complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders

shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage.The seizure of any person for ransom, extortion or other

unlawful purposes, or the taking away of the property of another by means of violenceagainst or intimidation of person or force upon things of other unlawful means, committed by

any person on any Philippine Highway.30

x x x

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage.Any person who knowingly and in any manner aids or protects pirates

or highway robbers/brigands, such as giving them information about the movement of policeor other peace officers of the government, or acquires or receives property taken by such

pirates or brigands or in any manner derives any benefit therefrom; or any person whodirectly or indirectly abets the commission of piracy or highway robbery or brigandage, shall

29Republic Act No. 6235 (1971), Sec. 1-3

30Presidential Decree 532 (1974), Sec. 2 (d) and (e)


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be considered as an accomplice of the principal offenders and be punished in accordance

with the Rules prescribed by the Revised Penal Code.31

6.

Presidential Decree 1866

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,

MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS,

AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE

MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND

IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND

FOR RELEVANT PURPOSES

If the offender committed illegal possession of firearms in furtherance of terrorism, he

can be held liable for the crime of terrorism under Section 3 of Republic Act No. 9372 or illegal

possession of explosives under Section 3 of Presidential Decree 1866 (PD 1866) as amended by

Republic Act No. 9516.

Under Section 3-C of PD 1866, when illegal possession of explosives is a necessary

means for committing any of the crimes defined in the Revised Penal Code or special laws, or is

in furtherance of, incident to, in connection with, by reason of, or on occasion of any of the

crimes defined in the Revised Penal Code or special laws, the penalty of reclusion perpetua and a

fine ranging from One hundred Thousand pesos (P100,000.00) to One million pesos(P1,000,000.00) shall be imposed.

32

SECTION 4. Conspir acy to Commit Terror ism.--- Persons who conspire to commit

the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the

commission of the crime of terrorism as defined in Section 3 hereof and decide to commit

the same.

31Presidential Decree 532 (1974), Sec. 4

32Campanilla, M.B. (2010). Special Penal Laws Volume II. Manila: Rex Bookstore (page 206)


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There are three versions of the definition of the conspiracy and proposal to commit

terrorism from the Revised Penal Code, House Version and the Senate Version. However, in the

human security act, only conspiracy is mentioned and left out proposal to commit terrorism.

Article 8 of the Revised Penal Code states: Conspiracy and proposal to commit felony.-

Conspiracy and proposal to commit felony are punishable only in cases in which the law

specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its

execution to some other person or persons.

House version:

Sec. 6. Conspiracy and Proposal to Commit Terrorism.--- There is a conspiracy to

commit terrorism when two or more persons come to an agreement to commit any act of

terrorism as defined herein and decide to commit it.

There is proposal to commit terrorism when any person who has decided to commit any

act of terrorism as defined herein proposes its execution to some other person or persons.

There is conspiracy and proposal to commit any act of terrorism shall be punished by

imprisonment of not less than six years and one day but not more than twelve years and a

fine of one million pesos.Provided, that, if the offender is a government official or employee

who used or abused his office in the commission of a terrorist act, the maximum penalty and the

accessory penalty of perpetual absolute disqualification to hold public office shall be imposed.

Senate version:

Conspiracy or Proposal to Commit Terrorism.--- There is conspiracy to commit

terrorism when two or more persons come to an agreement to commit any act of terrorism as

defined herein and decided to commit it.

There is proposal to commit terrorism when any person who has decided , to commit any

act of terrorism as defined herein proposes its execution to some other person or persons.


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Any person who conspires to commit any act of terrorism shall be punished by

imprisonment of not less than ten years to fifteen years and a fine of five million pesos.

Any person who proposes the commission of any act of terrorism shall be punished by

imprisonment of not less than six years and one day but not more than ten years and a fine of

three million pesos.

Provided if the offender is a government official or employee or has retired, resigned

dismissed, or otherwise separated from the government service, the maximum penalty and the

accessory penalty of perpetual disqualification to hold public office shall be imposed.33

All three definitions of what conspiracy and proposal to commit terrorism is, are alike

and the difference from all the versions is the penalty imposable to the offenders. However, in

the definitions given, proposal to commit terrorism was covered in the same article or section

while in section 4 of the Human Security Act of 2007, only conspiracy to commit terrorism is

punishable. Conspiracy, again, is when two or morepersons come to an agreement concerning

the commission of the crime of terrorism and decide to commit it.

It is a common design which is the essence of conspiracy--- conspirators may act separately or

together by commission on different manner but always leading to the same unlawful result. The

character and effect of conspiracy are not to be adjudged by dismembering it and viewing its

separate parts but only by looking at it as a whole-- acts done to give effect to conspiracy may

be, in fact, wholly innocent facts. (Preferred Home Specialties, Inc. vs. CA, 478 SCRA 387)

By statutory definition, conspiracy exists when two or more persons come to an agre ement

concerning the commission of a felony and decide to commit it. Venturing into the gray areas of

the concept of conspiracy, petitioner cites the following obiter defining implied conspiracy,

thus:

When by their acts, two or more persons proceed toward the accomplishment of the same

felonious object, with each doing his act, so that their acts though seemingly independent were in


Humanity). Quezon City: Central Book Supply Inc. (page 124-125)


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fact connected, showing a closeness of formal association and concurrence of sentiment,

conspiracy may be inferred.

Admittedly, direct proof is not essential to establish conspiracy. Since by its nature

conspiracy is planned in utmost secrecy, it can rarely be proved by direct evidence.

Consequently, the presence of the concurrence of minds which is involved in conspiracy may be

inferred from proof of facts and circumstances which, taken together, apparently indicate that

they are merely parts of some complete whole. If it is proved that two or more persons aimed by

their acts towards the accomplishment of the same unlawful object, each doing a part so that

their combined acts, though apparently independent, were in fact connected and cooperative,

indicating a closeness of personal association and a concurrence of sentiment, a conspiracy may

be inferred though no actual meeting among them to concert is proved. That would be termed an

implied conspiracy. (People vs. Jose Jinggoy Estrada, G.R. No. 158754, August 10, 2007)

SEC. 5 Accomplice.--- Any person who, not being a principal under Article 17 of the

Revised Penal Code or a conspirator as defined is Section 4 hereof, cooperated in the

execution of either the crime of terrorism or conspiracy to commit terrorism by previous or

simultaneous acts shall suffer the penalty of from seventeen years, four months one day to

twenty years of imprisonment.

To hold a person liable as an accomplice, two elements must concur:

a. the community of criminal design of the principal by direct participation, he concurs withthe latter in his purpose;

b. the performance of previous or simultaneous acts that are not indispensable to thecommission of the crime. (People vs. Pilola, 405 SCRA 134)

34

Article 18 of the Revised Penal Code defines accomplices as "those persons who, not being

included in Article 17, cooperate in the execution of the offense by previous or simultaneous

acts."35

34Id. (page 128)

35REVISED PENAL CODE, Art. 18


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Mere commission of an act, which aids the perpetrator, is not enough. (People v.

Castillo, 425 SCRA 136)

SEC. 6. Accessory.--- Any person who, having knowledge of the commission of thecrime of terrorism or conspiracy to commit terrorism, and without having participated

therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal

Code, takes part subsequent to its commission in any of the following manner: (a) by

profiting himself or assisting the offender to profit by the effects of the crime; (b) by

concealing or destroying the body of the crime, or the effects, or instruments thereof, in

order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the

principal or conspirator of the crime, shall suffer the penalty of ten years and one day to

twelve years of imprisonment.

Not withstanding the above paragraph, the penalties prescribed for accessories shall

not be imposed upon those who are such with respect to their spouses, ascendants,

descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity

within the same degrees, with the single exception of accessories falling within the

provisions of subparagraph (a).

Section 6 of the Human Security Act of 2007 is the same as Article 19 of the Revised Penal

Code.

The three manner or means of act, that makes a person liable as accessory:

1. By profiting himself or assisting the offender to profit by the effects ofthe crime.

2. By concealing or destroying the body of the crime, or the effects, orinstruments thereof, in order to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principal ofthe crime of conspirator of the crime.

Penalty is 10 years and 1 day to 12 years.

If the person who commits the means or manner is a relative, no criminal liability can be

imputed to the former. However, the exempting act does not apply to paragraph (a) which

is profiting the fruits of the crime.


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The rationale why the framers of the Revised Penal Code and as acquised by the framers

of this Act, that a relative is exempted from any criminal liability is because of human

nature.

This is not based on any flimsy axiom but on the logical ground that human nature forces

man to conceal/ assist from arrest and prosecution a relative suspected to have committed

a crime.36

SEC. 7. Surveil lance of Suspects and I nterception and Recording of Communications -

The provision of Republic Act No. 4200 (Anti- Wire Tapping Law) to the contrary

notwithstanding, a police or law enforcement official and the members of his team may,

upon a written order of the Court of Appeals, listen to, intercept and record, with the use of

any mode, form, kind or type of electronic or other surveillance equipment or intercepting

and tracking devices, or with the use of any communication, message, conversation,discussion, or spoken or written words between members of a judicially declared and

outlawed terrorist organization, association, or group of persons or of any person charged

with or suspected of the crime of terrorism or conspiracy to commit terrorism.

Provided, that surveillance, interception and recording of communications between

lawyers and clients, doctors and patients, journalists and their sources and confidential

business correspondence shall not be authorized.

Based on section 7 of the Human Security Act of 2007, there are requirements before an

interception or a recording of communications be made legal. One is that there must be a writtenorder from the Court of Appeals and another requirement is that the subject of the surveillance is

between members of a judicially declared and outlawed terrorist organization, association, or

group of persons or any person charged with or suspected of the crime of terrorism or conspiracy

to commit terrorism. Along with the requirements before it be made legal, there are exceptions to

the rule of legal wiretapping. Communications between lawyers and clients, doctors and patients,

journalists and their sources and confidential business correspondence are exempted from

surveillance.

Under Sec. 3 of R.A. No. 4200, otherwise known as Anti- Wire Tapping Law, the

Regional Trial Court may issue an order allowing a peace officer to secretly overhear, intercept,




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or record a private communications by means of the devices in cases involving the crimes of

treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,

rebellion, conspiracy, and proposal to commit rebellion, inciting to rebellion, sedition,

conspiracy to commit sedition, inciting to sedition, kidnapping and violations of espionage law

and other offenses against national security.

Terrorism is not one of those crimes mentioned in Sec. 3 of R.A. No. 4200. However,

under sec.7 of R.A.No. 9372, the Court of Appeals may authorize the surveillance, interception

and recording of communication between members of terrorist organization or of any person

charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.

The prohibition on surveillance, interception and recording of communications between

lawyers and clients, doctors and patients, journalists and their sources and business

correspondence is a recognition of confidential characterof such communication.37

According to the case of Ramirez vs. Court of Appeals:

Petitioner vigorously argues, as her "main and principal issue" that the applicable

provision of Republic Act 4200 does not apply to the taping of a private conversation by one of

the parties to the conversation. She contends that the provision merely refers to the unauthorized

taping of a private conversation by a party other than those involved in the communication. In

relation to this, petitioner avers that the substance or content of the conversation must be alleged

in the Information, otherwise the facts charged would not constitute a violation of R.A. 4200.

Finally, petitioner agues that R.A. 4200 penalizes the taping of a "private communication," not a

"private conversation" and that consequently, her act of secretly taping her conversation with

private respondent was not illegal under the said act.

We disagree.

First, legislative intent is determined principally from the language of a statute. Where the

language of a statute is clear and unambiguous, the law is applied according to its express terms,

37Special Penal Laws Vol. II p. 208-209


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and interpretation would be resorted to only where a literal interpretation would be either

impossible or absurd or would lead to an injustice.

Section 1 of R.A. 4200 entitled, " An Act to Prohibit and Penalized Wire Tapping and Other

Related Violations of Private Communication and Other Purposes," provides:

Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to any

private communication or spoken word, to tap any wire or cable, or by using any other

device or arrangement, to secretly overhear, intercept, or record such communication or

spoken word by using a device commonly known as a dictaphone or dictagraph or

detectaphone or walkie-talkie or tape recorder, or however otherwise described.

The aforestated provision clearly and unequivocally makes it illegal for any person, not

authorized by all the parties to any private communication to secretly record such

communication by means of a tape recorder. The law makes no distinction as to whether the

party sought to be penalized by the statute ought to be a party other than or different from those

involved in the private communication. The statute's intent to penalize all persons unauthorized

to make such recording is underscored by the use of the qualifier "any". Consequently, as

respondent Court of Appeals correctly concluded, "even a (person) privy to a communication

who records his private conversation with another without the knowledge of the latter (will)

qualify as a violator" under this provision of R.A. 4200. (Ramirez vs. Court of Appeals, G.R.

No. 93833., September 28, 1995)

SEC. 8. Formal Application for Judicial Author ization.--- The written order of the

authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and

record communications, messages, conversations, discussions, or spoken or written words

of any person suspected of the crime of terrorism or the crime of conspiracy to commit

terrorism shall only be granted by the authorizing division of the Court of Appeals upon an

ex parte written application of a police or of a law enforcement official who has been duly

authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file

such ex parte application, and upon examination under oath or affirmation of the applicant

and the witnesses he may produce to establish: (a) that there is probable cause to believe

based on personal knowledge of facts or circumstances that the said crime of terrorism or


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conspiracy to commit terrorism has been committed, or is being committed, or is about to

be committed; (b) that there is probable cause to believe based on personal knowledge of

facts or circumstances that evidence, which is essential to the conviction of any charged or

suspected person for, or to the solution or prevention of, any such crimes, will be obtained;

and, (c) that there is no other effective means readily available for acquiring such evidence.

The written order mentioned in the preceding provision is discussed in the proviso as to

its application and procedure:

- It shall be granted only by the authorizing division of the Court of Appeals to theexclusion of all other courts.

- Done through an Ex- Parte Written Application by a police or law enforcementofficer.

- That the police or law enforcement officer who prepares for the Ex-Parte WrittenApplication must have the written authorization from the Anti- Terrorism Council.

38

From the forgoing, without following the proper procedure and requisites, any and all acts of

recording, tapping, intercepting communication between individuals, even if it could be valuable

evidence, is inadmissible if it was gotten outside the procedure given by law. The inadmissible

recording is an example of a fruit from the poisonous tree doctrine.

Procedural requisites in the hearing of the application:

-The applicant must be examined under oath or affirms his application or the witnesses he

may produce. The examination must establish the following:

a. That there is probable cause to believe based on personal knowledge of facts or

circumstances that the said crime of terrorism or conspiracy to commit terrorism has been

committed, or is being committed, or is about to be committed;

b. That there is probable cause to believe based on personal knowledge of facts or

circumstances that evidence, which is essential to the conviction of any charged or

suspected person for, of to the solution or prevention of, any such crimes, will be




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obtained and that there is no other effective means readily available for acquiring such

evidence.39

From the procedure given by law, probable cause is an indispensible requirement before a

police or law enforcer may apply for wire-tapping.

Probable cause is defined as such facts and circumstances that will engender a well-

founded belief that a crime has been committed and that the respondent is probably guilty thereof

and should be held for trial. (Baviera v. Paglinawan, G.R. Nos. 168380 and 170602, February 8,

2007, 515 SCRA 170, 184)

Probable cause has been defined in the leading case of Buchanan vs. Vda. de Esteban

(32 Phil. 365) as the existence of such facts and circumstances as would excite the belief, in a

reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person

charged was guilty of the crime for which he was prosecuted. Probable cause is a reasonable

ground of presumption that a matter is, or may be, well founded, such a state of facts in the mind

of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain

an honest or strong suspicion, that a thing is so. (Pilapil vs. Sandiganbayan G.R. No. 101978.

April 7, 1993.)

SEC. 9. Classif ication and Contents of the Order of the Court.--- The written order

granted by the authorizing division of the Court of Appeals as well as its order, if any, to

extend or renew the same, the original application of the applicant, including his

application to extend or renew, if any, and the written authorizations of the Anti-Terrorism

Council shall be deemed and are hereby declared as classified information: Provided, That

the person being surveilled or whose communications, letters, papers, messages,

conversations, discussions, spoken or written words and effects have been monitored,

listened to, bugged or recorded by law enforcement authorities has the right to be informed

of the acts done by the law enforcement authorities in the premises or to challenge, if he or

she intends to do so, the legality of the interference before the Court of Appeals which

issued the written order. The written order of the authorizing division of the Court of

Appeals shall specify the following: (a) the identity, such as name and address, if known, of

the charged or suspected person whose communications, messages, conversations,

discussions, or spoken or written words are to be tracked down, tapped, listened to,

39Id. at page 150-151


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intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether

wireless or otherwise) communications, messages, conversations, discussions, or spoken or

written words, the electronic transmission systems or the telephone numbers to be tracked

down, tapped, listened to, intercepted, and recorded and their locations or if the person

suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known,

such person shall be subject to continuous surveillance provided there is a reasonable

ground to do so; (b) the identity (name, address, and the police or law enforcement

organization) of the police or of the law enforcement official, including the individual

identity (names, addresses, and the police or law enforcement organization) of the members

of his team, judicially authorized to track down, tap, listen to, intercept, and record the

communications, messages, conversations, discussions, or spoken or written words; (c) the

offense or offenses committed, or being committed, or sought to be prevented; and, (d) the

length of time within which the authorization shall be used or carried out.

What are considered classified information under this act?

1. Written order granted by the authorizing division of the Court of Appeals.2. The order extending or renewing the authorization.3. Original application.4. Application for extending or renewing the authorization.5. Written authorization from the Anti Terrorism Council.40

Section 9 of this law stated that the person being surveilled has the right to be informed and has

the right to challenge the legality of the interference. Also, the section enumerated the contents

of the written order. The contents are as follows:

1. Identity, name and address of the person charged or suspected.2. Identity of the applicant police officer, law enforcement officer and his team.3. The offense or offenses committed or to be committed.4. The length of time within which the authorization is carried out.

SEC. 10. Ef fective Peri od of Judicial Authorization.--- Any authorization granted by

the authorizing division of the Court of Appeals, pursuant to Sec. 9 (d) of this Act, shall

only be effective for the length of time specified in the written order of the authorizing

division of the Court of Appeals, which shall not exceed a period of thirty (30) days from

40Id. at page 183


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the date of receipt of the written order of the authorizing division of the Court of Appeals

by the applicant police or law enforcement official.

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

authorization for another non-extendible period, which shall not exceed thirty (30) days

from the expiration of the original period: Provided, That the authorizing division of the

Court of Appeals is satisfied that such extension or renewal is in the public interest: and

Provided, further, That the ex parte application for extension or renewal, which must be

filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism

Council.

In case of death of the original applicant or in case he is physically disabled to file the

application for extension or renewal, the one next in rank to the original applicant among

the members of the team named in the original written order of the authorizing division of

the Court of Appeals shall file the application for extension or renewal: Provided, That,without prejudice to the liability of the police or law enforcement personnel under Section

20 hereof, the applicant police or law enforcement official shall have thirty (30) days after

the termination of the period granted by the Court of Appeals as provided in the preceding

paragraphs within which to file the appropriate case before the Public Prosecutors Office

for any violation of this Act.

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

official shall immediately notify the person subject of the surveillance, interception and

recording of the termination of the said surveillance, interception and recording. The

penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposedupon the applicant police or law enforcement official who fails to notify the person subject

of the surveillance, monitoring, interception and recording as specified above.

Heretofore, Section 10 will be discussed into different important parts of the whole. The

effectivity of the judicial authorization given by the authorizing division of the Court of Appeals

shall be as specified in the written authorization but shall not exceed thirty days from receipt of

the order by the applicant police or law enforcement officer. The police or law enforcement

officer applicant in its motion for extension must be authorized by the Anti- Territorial Council

in WRITING. The police or law enforcement officer must prove to the authorizing division of

the Court of Appeals that the extension is for public interest and that the extension must be filed

by the original applicant.


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In case of the death of the original applicant or physical disability, substitution is allowed

if the one to substitute is the one next in rank to the applicant by the team that is mentioned in the

written order by the Court of Appeals. The extension shall likewise extend for another thirty days

the reglementary period for the filing of the complaint against the person surveilled before the

Public Prosecutors office for any violation of this Act.41

The police or law enforcement officer in the event that no case has been filed within the

thirty day period shall notify the person subject of the surveillance the termination of the coirt

granted surveillance. And if the officer fails to notify the penalty of ten years to twelve years

shall be meted to the officer who fails to notify the person surveilled.

SEC. 11. Custody of I ntercepted and Recorded Communications. - All tapes, discs,

and recordings made pursuant to the authorization of the authorizing division of the Court

of Appeals, including all excerpts and summaries thereof as well as all written notes or

memoranda made in connection therewith, shall, within forty-eight (48) hours after the

expiration of the period fixed in the written order of the authorizing division of the Court

of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal

granted by the authorizing division of the Court of Appeals, be deposited with the

authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the

case may be, and shall be accompanied by a joint affidavit of the applicant police or law

enforcement official and the members of his team. In case of death of the applicant or in

case he is physically disabled to execute the required affidavit, the one next in rank to the

applicant among the members of the team named in the written order of the authorizing

division of the Court of Appeals shall execute with the members of the team that required

affidavit. It shall be unlawful for any person, police officer or any custodian of the tapes,

discs and recording, and their excerpts and summaries, written notes or memoranda to

copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any

manner the items enumerated above in whole or in part under any pretext whatsoever.

41Id. at page 190-191


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Any person who removes, deletes, expunges, incinerates, shreds or destroys the items

enumerated above shall suffer a penalty of not less than six years and one day to twelve

(12) years of imprisonment.

The applicant police officer or law enforcement officer is required to deposit the tapes,

recordings or excerpt or summary of the communication surveilled within 48 hours. They shall

be placed in a sealed envelope, accompanied by a joint-affidavit of the applicant and the

members of his team. If case the applicant dies or incurred physical disability, he shall be

substituted by the next in rank.

The removing, deleting, expunging, incinerating, shredding, or destroying of such items

is prohibited and the offender shall be penalized by imprisonment of not less than 6 years and 1

day to 12 years.

SEC. 12. Contents of Join t Af fi davit. - The joint affidavit of the police or of the law

enforcement official and the individual members of his team shall state: (a) the number of

tapes, discs, and recordings that have been made, as well as the number of excerpts and

summaries thereof and the number of written notes and memoranda, if any, made in

connection therewith; (b) the dates and times covered by each of such tapes, discs, and

recordings; (c) the number of tapes, discs, and recordings, as well as the number of

excerpts and summaries thereof and the number of written notes and memoranda made in

connection therewith that have been included in the deposit; and (d) the date of the original

written authorization granted by the Anti-Terrorism Council to the applicant to file the ex

parte application to conduct the tracking down, tapping, intercepting, and recording, as

well as the date of any extension or renewal of the original written authority granted by the

authorizing division of the Court of Appeals. The joint affidavit shall also certify under

oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and

recordings, and that no duplicates or copies of the whole or any part of any of such

excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all

such duplicates and copies are included in the sealed envelope or sealed package, as the

case may be, deposited with the authorizing division of the Court of Appeals. It shall be

unlawful for any person, police or law enforcement official to omit or exclude from the

joint affidavit any item or portion thereof mentioned in this Section. Any person, police or

law enforcement officer who violates any of the acts prescribed in the preceding paragraph


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shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of

imprisonment.

The affidavit shall contain the following:

1. the number of tapes, discs, and recordings that have been made, as well as thenumber of excerpts and summaries thereof and the number of written notes and

memoranda, if any, made in connection therewith;

2. the dates and times covered by each of such tapes, discs, and recordings;3. the number of tapes, discs, and recordings, as well as the number of excerpts and

summaries thereof and the number of written notes and memoranda made in

connection therewith that have been included in the deposit; and

4. the date of the original written authorization granted by the Anti-TerrorismCouncil

There must also be a certification under oath that no duplicates or copies of the whole or

part thereof have been made or if there is any it is included in the envelope deposited at the

Division of the Court of Appeals.

SEC. 13. Disposit ion of Deposited Materi al. -The sealed envelope or sealed packageand the contents thereof, which are deposited with the authorizing division of the Court of

Appeals, shall be deemed and are hereby declared classified information, and the sealed

envelope or sealed package shall not be opened and its contents (including the tapes, discs,

and recordings and all the excerpts and summaries thereof and the notes and memoranda

made in connection therewith) shall not be divulged, revealed, read, replayed, or used as

evidence unless authorized by written order of the authorizing division of the Court of

Appeals, which written order shall be granted only upon a written application of the

Department of Justice filed before the authorizing division of the Court of Appeals and

only upon a showing that the Department of Justice has been duly authorized in writing by

the Anti-Terrorism Council to file the application with proper written notice the personwhose conversation, communication, message discussion or spoken or written words have

been the subject of surveillance, monitoring, recording and interception to open, reveal,

divulge, and use the contents of the sealed envelope or sealed package as evidence. Any

person, law enforcement official or judicial authority who violates his duty to notify in

writing the persons subject of the surveillance as defined above shall suffer the penalty of

six years and one day to eight years of imprisonment.


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The sealed envelope or packages are considered as classified information. Thus, its

contents cannot be divulged, revealed, read, replayed, or used as evidence unless a written order

was obtained from the authorizing division of the Court of Appeals, where the package is

deposited.

Requirements for securing the written order:

1. Written application by the Department of Justice2. Such written application must have a written authorization from the Anti-Terrorism

Council

3. With proper notice to the person subject of the surveillance

SEC. 14. Appli cation to Open Deposited Sealed Envelope or Sealed Package. - The

written application with notice to the party concerned to open the deposited sealed

envelope or sealed package shall clearly state the purpose or reason: (a) for opening the

sealed envelope or sealed package; (b) for revealing or disclosing its classified contents; (c)

for replaying, divulging, and or reading any of the listened to, intercepted, and recorded

communications, messages, conversations,discussions, or spoken or written words

(including any of the excerpts and summaries thereof and any of the notes or memoranda

made in connection therewith); [ and, (d) for using any of said listened to, intercepted, and

recorded communications, messages, conversations, discussions, or spoken or written

words (including any of the excerpts and summaries thereof and any of the notes or

memoranda made in connection therewith) as evidence. Any person, law enforcement

official or judicial authority who violates his duty to notify as defined above shall suffer the

penalty of six years and one day to eight years of imprisonment.

The written application to open the sealed envelope or sealed package must state the following

reasons:

1. for opening the sealed envelope or sealed package;2. for revealing or disclosing its classified contents;3. for replaying, divulging, and or reading any of the listened to, intercepted, and recorded

communications, messages, conversations,discussions, or spoken or written words ; and

4. for using any of said listened to, intercepted, and recorded communications, messages,conversations, discussions, or spoken or written words


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SEC. 15. Evidenti ary Value of Deposited Materi als. - Any listened to, intercepted, and

recorded communications, messages, conversations, discussions, or spoken or written

words, or any part or parts thereof, or any information or fact contained therein, including

their existence, content, substance, purport, effect, or meaning, which have been secured in

violation of the pertinent provisions of this Act, shall absolutely not be admissible and

usable as evidence against anybody in any judicial, quasi-judicial, legislative, or

administrative investigation, inquiry, proceeding, or hearing.

What is inadmissible are listened, intercepted and recorded communications that have been

secured in violation of this Act, such as proper application for written authorization from the

division of the Court of Appeals. Therefore, communications, messages, conversations, spoken

or written words are secured in compliance with the formal and substantial requisites under this

Act are admissible evidence.42

SEC. 16. Penal ty for Unauthori zed or Malicious I nterceptions and/or Recordings. - Any

police or law enforcement personnel who, not being authorized to do so by the authorizing

division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in

whatever manner or form any communication, message, conversation, discussion, or

spoken or written word of a person charged with or suspected of the crime of terrorism or

the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer

the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

In addition to the liability attaching to the offender for the commission of any otheroffense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment and

the accessory penalty of perpetual absolute disqualification from public office shall be

imposed upon any police or law enforcement personnel who maliciously obtained an

authority from the Court of Appeals to track down, tap, listen to, intercept, and record in

whatever manner or form any communication, message, conversation, discussion, or

spoken or written words of a person charged with or suspected of the crime of terrorism or

conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of this Act, the

party aggrieved by such authorization shall be allowed access to the sealed envelope or

sealed package and the contents thereof as evidence for the prosecution of any police or law

enforcement personnel who maliciously procured said authorization.

42Id. at page 229


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Unauthorized Surveillance

This is committed by any police or law enforcement personnel, who without authority

given by the division of the Court of Appeals, tracks down, taps, listens to, intercepts, and

records in whatever manner or form any communication, message, conversation, discussion, or

spoken or written word of a person charged with or suspected of the crime of terrorism or the

crime of conspiracy to commit terrorism.

Maliciously Obtaining an Authority

The police or law enforcement personnel, has obtained maliciously the authority from the

division of the Court of Appeals to track down, tap, listen to, intercept, and record in whatever

manner or form any communication, message, conversation, discussion, or spoken or written

word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy

to commit terrorism.

SEC. 17. Proscri ption of Terrori st Organi zations, Association, or Group of Persons. - Any

organization, association, or group of persons organized for the purpose of engaging in

terrorism, or which, although not organized for that purpose, actually uses the acts to

terrorize mentioned in this Act or to sow and create a condition of widespread and

extraordinary fear and panic among the populace in order to coerce the government to give

in to an unlawful demand shall, upon application of the Department of Justice before acompetent Regional Trial Court, with due notice and opportunity to be heard given to the

organization, association, or group of persons concerned, be declared as a terrorist and

outlawed organization, association, or group of persons by the said Regional Trial Court.

The judicial declaration of as a terrorist and outlawed organization, association, or group of

persons shall be made upon application of the Department of Justice. Such organization,

association, or group of persons are given the opportunity to refute such application as

proscription shall be done with due process of law.

SEC. 18. Peri od of Detention Without Judicial Warrant of Ar rest. - The provisions of

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

enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism

Council has taken custody of a person charged with or suspected of the crime of terrorism


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or the crime of conspiracy to commit terrorism shall, without incurring any criminal

liability for delay in the delivery of detained persons to the proper judicial authorities,

deliver said charged or suspected person to the proper judicial authority within a period of

three days counted from the moment the said charged or suspected person has been

apprehended or arrested, detained, and taken into custody by the said police, or law

enforcement personnel: Provided, That the arrest of those suspected of the crime ofterrorism or conspiracy to commit terrorism must result from the surveillance under

Section 7 and examination of bank deposits under Section 27 of this Act. The police or law

enforcement personnel concerned shall, before detaining the person suspected of the crime

of terrorism, present him or her before any judge at the latter's residence or office nearest

the place where the arrest took place at any time of the day or night. It shall be the duty of

the judge, among other things, to ascertain the identity of the police or law enforcement

personnel and the person or persons they have arrested and presented before him or her, to

inquire of them the reasons why they have arrested the person and determine by

questioning and personal observation whether or not the suspect has been subjected to any

physical, moral or psychological torture by whom and why. The judge shall then submit a

written report of what he/she had observed when the subject was brought before him to theproper court that has jurisdiction over the case of the person thus arrested. The judge shall

forthwith submit his/her report within three calendar days from the time the suspect was

brought to his/her residence or office. Immediately after taking custody of a person

charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the

police or law enforcement personnel shall notify in writing the judge of the court nearest

the place of apprehension or arrest: Provided ,That where the arrest is made during

Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the

residence of the judge nearest the place where the accused was arrested. The penalty of ten

(10) years and one day to twelve (12) years of imprisonment shall be imposed upon the

police or law enforcement personnel who fails to notify and judge as Provided in the

preceding paragraph.

This provision covers only warrantless arrest. Arrests with judicial warrants are covered

by the Rules on Criminal Procedure.

Under the law, a person must be presented withing the period the longest of which is 36

hours, for crimes punishable with afflictive penalties. However, a person arrested for allegedly

violating the provisions of this act could only be legally detained up to three days ante the filing

of the complaint.


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SEC. 21. Rights of a Person under Custodial Detention. - The moment a person

charged with or suspected of the crime of terrorism or the crime of conspiracy to commit

terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the

arresting police or law enforcement officers or by the police or law enforcement officers to

whose custody the person concerned is brought, of his or her right: (a) to be informed of

the nature and cause of his arrest, to remain silent and to have competent and independent

counsel preferably of his choice. If the person cannot afford the services of counsel of his or

her choice, the police or law enforcement officers concerned shall immediately contact the

free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public

Attorney's Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or

the PAO thus contacted to immediately visit the person(s) detained and provide him or her

with legal assistance. These rights cannot be waived except in writing and in the presence of

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

his legal counsel; (c) allowed to communicate freely with his legal counsel and to confer

with them at any time without restriction; (d) allowed to communicate freely and privatelywithout restrictions with the members of his family or with his nearest relatives and to be

visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of

choice.

The rights enumerated can be found under the Bill of Rights. Under Article III, Section

12 of the 1987 Constitution it states

Any person under investigation for the commission of an offense shall have the

right to be informed of his right to remain silent and to have competent andindependent counsel preferably of his own choice. If the person cannot afford the

services of counsel, he must be provided with one. These rights cannot be waived

except in writing and in the presence of counsel.44

SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law

enforcement personnel, or any personnel of the police or other law enforcement custodial

unit that violates any of the aforesaid rights of a person charged with or suspected of the

crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an

offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of

imprisonment. Unless the police or law enforcement personnel who violated the rights of a

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

on the police officer or hear or leader of the law enforcement unit having custody of the

detainee at the time the violation was done.

44CONSTITUTION, Art. 3 Sec. 12


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SEC. 23. Requirement for an Off icial Custodial Logbook and its Contents. - The police

or other law enforcement custodial unit in whose care and control the person charged with

or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has

been placed under custodial arrest and detention shall keep a securely and orderly

maintained official logbook, which is hereby declared as a public document and opened to

and made available for .the inspection and scrutiny of the lawyer or lawyers of the person

under custody or any member of his or her family or relative by consanguinity or affinity

within the fourth civil degree or his or her physician at any time of the day or night without

any form of restriction. The logbook shall contain a clear and concise record of: (a) the

name, description, and address of the detained person; (b) the date and exact time of his

initial admission for custodial arrest and detention; (c) the name and address of the

physician or physicians who examined him physically and medically; (d) the state of his

health and physical condition at the time of his initial admission for custodial detention; (e)

the date and time of each removal of the detained person from his cell for interrogation or

for any purpose; (f) the date and time of his return to his cell; (g) the name and address ofthe physician or physicians who physically and medically examined him after each

interrogation; (h) a summary of the physical and medical findings on the detained person

after each of such interrogation; (i) the names and addresses of his family members and

nearest relatives, if any and if available; (j) the names and addresses of persons, who visit

the detained person; (k) the date and time of each of such visits; (1) the date and time of

each request of the detained person to communicate and confer with his legal counsel or

counsels; (m) the date and time of each visit, and date and time of each departure of his

legal counsel or counsels; and, (n) all other important events bearing on and all relevant

details regarding the treatment of the detained person while under custodial arrest and

detention. The said police or law enforcement custodial unit shall upon demand of theaforementioned lawyer or lawyers or members of the family or relatives within the fourth

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

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

person without delay or restriction or requiring any fees whatsoever including

documentary stamp tax, notarial fees, and the like. This certified true copy may be attested

by the person who has custody of the logbook or who allowed the party concerned to

scrutinize it at the time the demand for the certified true copy is made.

The police or other law enforcement custodial unit who fails to comply with the preceding

paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day

to twelve (12) years of imprisonment.

The police officer or law enforcement custodial unit has care and control of the person

suspected to have committed violations of acts under this statute shall keep a securely and

orderly maintained logbook which is considered as a public document and shall be available for


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his lawyer, member of his family within the fourth civil consanguinity and his physician. The

logbook can be examined at any time of the day and night without any form of restriction.

SEC. 24. No Tortu re or Coercion i n I nvestigation and I nterr ogation. - No threat,

intimidation, or coercion, and no act which will inflict any form of physical pain or

torment, or mental, moral, or psychological pressure, on the detained person, which shall

vitiate his freewill, shall be employed in his investigation and interrogation for the crime of

terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained

from said detained person resulting from such threat, intimidation, or coercion, or from

such inflicted physical pain or torment, or mental, moral, or psychological pressure, shall

be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-

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

According to Article III, Section 12 of the 1987 Constitution:No torture, force, violence, threat, intimidation, or any other means which vitiate

the free will shall be used against him. Secret detention places, solitary,incommunicado, or other similar forms of detention are prohibited.

Any confession or admission obtained in violation of this or Section 17 hereofshall be inadmissible in evidence against him.

The law shall provide for penal and civil sanctions for violations of this Section as

well as compensation to the rehabilitation of victims of torture or similarpractices, and their families.

45

SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation

and I nterrogation of a Detained Person. - Any person or persons who use threat,

intimidation, or coercion, or who inflict physical pain or torment, or mental, moral, or

psychological pressure, which shall vitiate the free-will of a charged or suspected person

under investigation and interrogation for the crime of terrorism or the crime of conspiracy

to commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12)

years and one day to twenty (20) years of imprisonment. When death or serious permanent

disability of said detained person occurs as a consequence of the use of such threat,

intimidation, or coercion, or as a consequence of the infliction on him of such physical pain

or torment, or as a consequence of the infliction on him of such mental, moral, or

psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20)

years of imprisonment.

45Id.


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SEC. 26. Restr iction on Travel. - In cases where evidence of guilt is not strong, and

the person charged with the crime of terrorism or conspiracy to commit terrorism is

entitled to bail and is granted the same, the court, upon application by the prosecutor, shall

limit the right of travel of the accused to within the municipality or city where he resides or

where the case is pending, in the interest of national security and public safety, consistent

with Article III, Section 6 of the Constitution. Travel outside of said municipality or city,

without the authorization

SPL First Draft

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