Republic Act No.

9262             March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all
forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of physical or
other harm or coercion;

c) Prostituting the woman or child.

 C. "Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in

any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to

the use and enjoyment of the conjugal, community or property owned in
common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
 (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety
of victims of violence against women and their children.

Section 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
 (1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her
child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5
hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of the
Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor; The
duration of the penalty of arresto mayor shall be from one month and one
day to six months.

(c) Acts falling under Section 5(e) shall be punished by prision correccional; Prision
correccional, suspension, and destierro. — The duration of
the penalties of prision correccional, suspension and destierro shall be from
six months and one day to six years.

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor; The duration of
the penalties of prision mayor and temporary disqualification shall be from six
years and one day to twelve years.
 (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence
of her child, the penalty to be applied shall be the maximum period of penalty prescribed in
the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand
pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose
of preventing further acts of violence against a woman or her child specified in Section 5 of this Act
and granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless
of ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent from the
residence;

(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any designated
family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's removal of personal belongings;
 (f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited
to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be
filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

 (h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of the
offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules
on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence
of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be
in writing, signed and verified under oath by the applicant. It may be filed as an independent action
or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form, written in English with
translation to the major local languages, shall be made available to facilitate applications for
protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in the application. In such a
case, the applicant shall attest that the victim is residing in the municipality or city over which court
has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a
TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the application for protection orders in
cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall
be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that
the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representation of the petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify
the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to

protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of
his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing.
In case the respondent fails to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive conduct of a respondent
even if the same was not directed against the applicant or the person for whom the applicant is
made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued
is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days
at each particular time until final judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the order
was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between
the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on
an application for a protection order within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in
this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any application for a
protection order filed by the petitioner must be conducted within the mandatory period specified in
this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all
other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and, if necessary, suspend
other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO
shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and
upon judgment, the trial court may motu proprio issue a protection order as it deems necessary
without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall
in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to
5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody
and support of her child/children. Children below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should

observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim
by entering the necessary whether or not a protection order has been issued and ensure the
safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond
to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the victim
as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost;
and

(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and
LGUs shall establish programs such as, but not limited to, education and information campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against women
and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of the reliefs sought in the application
for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought
under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women
and their children as herein defined, any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code;
and

(e) To be informed of their rights and the services available to them including their right to
apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application without payment of the filing
fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be
composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to
the needs of their clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.

The Council members may designate their duly authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide
the victims temporary shelters, provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger
and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. – All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their
children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and

e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police
officers and barangay officials to enable them to properly handle cases of violence against women
and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their
children including those in the barangay shall be confidential and all public officers and employees
and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an immediate family
member, without the latter's consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this
Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.

[ REPUBLIC ACT NO. 11479, July 03, 2020 ]

AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING

REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title.- This Act shall henceforth be known as "The Anti-Terrorism Act of 2020".

Section 2. Declaration of Policy.- It is declared a policy of the State to protect life, liberty, and
property from terrorism, to condemn terrorism as inimical and dangerous to the national security of
the country and to have 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 an account the
root cause of terrorism 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.

Section 3. Definition of Terms. - as used in this Act:

(a) Critical Infrastructure shall refer to an asset or system, whether physical or virtual, so

essential to the maintenance of vital societal functions or to the delivery of essential public
services that the incapacity or destruction of such systems and assets would have a
debilitating impact on national defense and security, national economy, public health or
safety, there administration of justice, and other functions analogous thereto. It may include,
but is not limited to, an asset or system affecting telecommunications, water and energy
supply, emergency services, food security, fuel supply, banking and finance, transportation,
radio and television, information systems and technology, chemical and nuclear sectors;

(b) Designated Person shall refer to: Any individual, group of persons, organizations, or

associations designated and/or identified by the United Nations Security Council, or another
jurisdiction, or supranational jurisdiction as a terrorist, one who finances terrorism, or a
terrorist organization or group; or

Any person, organization, association, or group of persons designated under paragraph 3

Section 25 of this Act.

For purposes of this Act, the above definition shall be in addition to the definition of
designated persons under Section 3(e) of Republic Act No. 10168, otherwise known as the
"Terrorism Financing Prevention and Suppression Act of 2012".

(c) Extraordinary Rendition shall refer to the transfer of a person, suspected of being a

terrorist or supporter of a terrorist organization, association, or group of persons to a foreign
nation for imprisonment and interrogation on behalf of the transferring nation. The
extraordinary rendition may be done without framing any formal charges, trial, or approval of
the court.

(d) International Organization shall refer to an organization established by a treaty or other

instrument governed by international law and possessing its own international legal
personality;

(e) Material Support shall refer to any property, tangible or intangible, or service, including

currency or monetary instruments or financial securities, financial services, lodging, training,
expert advice or assistance, safe houses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances, explosives, personnel
(one or more individuals who may be or include oneself), and transportation;

(f) Proliferation of Weapons of Mass Destruction shall refer to the transfer and export of

chemical, biological, radiological, or nuclear weapons, their means of delivery and related
materials;

(g) Proposal to Commit Terrorism is committed when a person who has decided to commit
any of the crimes defined and penalized under the provisions of this Act proposes its
execution to some other person or persons;

(h) Recruit shall refer to any act to encourage other people to join a terrorist individual or
organization, association or group of persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council as a terrorist organization, or organized
for the purposed of engaging in terrorism;

(i) Surveillance Activities shall refer to the act of tracking down, following, or investigating

individual or organizations; or the tapping, listening, intercepting, and recording of messages,
conversations, discussions, spoken or written words including computer and network
surveillance, and other communications of individuals engaged in terrorism as defined
hereunder;
 (j) Supranational Jurisdiction shall refer to an international organization or union in which the
power and influence of member states transcend national boundaries or interests to share in
decision-making and vote on issues concerning the collective body , i.e. the European
Union;

(k) Training shall refer to the giving of instruction or teaching designed to impart a specific

skill in relation to terrorism as defined hereunder, as opposed to general knowledge;

(l) Terrorist Individual shall refer to any natural person who commits any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act;

(m) Terrorist Organization, Association or Group of Persons shall refer to any entity

organized for the purpose of engaging in terrorism, or those proscribe under Section 26
hereof of the United Nations Security Council-designated terrorist organization; and

(n) Weapons of Mass Destruction (WMD) shall refer to chemical, biological, radiological, or

nuclear weapons which are capable of a high order of destruction or causing mass
casualties. It excludes the means of transporting or propelling the weapon where such
means is a separable and divisible part from the weapon.

Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by any person who,
within or outside the Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily injury to any person, or
endangers a person's life;

(b) Engages in acts intended to cause extensive damage or destruction to a government or

public facility, public place or private property;

(c) Engages in acts intended to cause extensive interference with, damage or destruction to
critical infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons,

explosives or of biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions.

when the purpose of such act, by its nature and context, is to intimidate the general public or
a segment thereof, create an atmosphere or spread a message of fear, to provoke or
influence by intimidation the government or any international organization, or seriously
destabilize or destroy the fundamental political, economic, or social structures of the country,
or create a public emergency or seriously undermine public safety, shall be guilty of
committing terrorism and shall suffer the penalty of life imprisonment without the benefit of
parole and the benefits of Republic Act No. 10592, otherwise known as "An Act Amending
Articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code". Provided, That, terrorism as defined in this section shall not include advocacy,
protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of
civil and political rights, which are not intended to cause death or serious physical harm to a
person, to endanger a person's life, or to create a serious risk to public safety.
Section 5. Threat to Commit Terrorism.- Any person who shall threaten to commit any of the acts
mentioned in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.

Section 6. Planning, Training, Preparing, and facilitating the Commission of Terrorism.- it shall be
unlawful for any person to participate in the planning, training, preparation and facilitation in the
commission of terrorism, possessing objects connected with the preparation for the commission of
terrorism, or collecting or making documents connected with the preparation of terrorism. Any
person found guilty of the provisions of this Act shall suffer the penalty of life imprisonment without
the benefit of parole and the benefits of Republic Act No. 10592.

Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as defined and
penalized under Section 4 of this Act shall suffer the penalty of life imprisonment without the benefit
of parole and the benefit of Republic Act No. 10592.

There is conspiracy when two (2) or more persons come to an agreement concerning the
commission of terrorism as defined in Section 4 hereof and decide to commit the same.

Section 8. Proposal to Commit Terrorism.- Any person who proposes to commit terrorism as defined
in section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.

Section 9. Inciting to Commit Terrorism.- Any person who without taking any direct part in the
commission of terrorism, shall include others to the execution of any of the acts specified in Section
4 hereof by means of speeches, proclamations, writings, emblems, banners or other representations
tending to the same end, shall suffer the penalty of imprisonment of twelve (12) years.

Section 10. Recruitment to and Membership in a Terrorist Organization.- Any person who shall
recruit another to participate in, join, commit or support terrorism or a terrorist individual or any
terrorist organization, association or group of persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the penalty of life imprisonment without the benefit of
parole and the benefits of Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes or facilitates the travel of
individuals to a state other than their state of residence or nationality for the purpose of recruitment
which may be committed through any of the following means:

(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign
state, whether the armed force forms part of the armed forces of the government of that
foreign state or otherwise;

(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve
in any capacity in or with such armed force;

(c) Publishing an advertisement or propaganda containing any information relating to the

place at which or the manner in which persons may make applications to serve or obtain
information relating to service in any capacity in or with such armed force or relating to the
manner in which persons may travel to a foreign state for the purpose of serving in any
capacity in or with such armed force; or

(d) Performing any other act with intention of facilitating or promoting the recruitment of
persons to serve in any capacity in or with such armed force.
Any person who shall voluntarily and knowingly join any organization, association or group of
persons knowing that such organization, association or group of persons is proscribed under Section
26 of this Act, or designated by the United Nations Security Council as a terrorist organization, or
organized for the purpose of engaging in terrorism, shall suffer the penalty of imprisonment of twelve
(12) years.

Section 11. Foreign Terrorist.- The following acts are unlawful and shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic Act No. 10592:

(a) For any person to travel or attempt to travel to a state other than his/her state of
residence or nationality for the purpose of perpetrating, planning, or preparing for, or
participating in terrorism, or providing or receiving terrorist training;

(b) For any person to organize or facilitate the travel of individuals who travel to a state other
than their states of residence or nationality knowing that such travel is for the purpose of
perpetrating, planning, training, or preparing for, or participating in terrorism or providing or
receiving terrorist training; or

(c) For any person residing abroad who comes to the Philippines to participate in
perpetrating, planning, training, or preparing for, or participating in terrorism or provide
support for or facilitate or receive terrorist training here or abroad.

Section 12. Providing Material Support to Terrorists.- Any person who provides material support to
any terrorist individual or terrorist organization, association or group of persons committing any of
the acts punishable under Section 4 hereof, knowing that such individual or organization,
association, or group of persons is committing or planning to commit such acts, shall be liable as
principal to any and all terrorist activities committed by said individuals or organizations, in addition
to other criminal liabilities he/she or they may have incurred in relation thereto.

Section 13. Humanitarian Exemption.- Humanitarian activities undertaken by the International

Committee of the Red Cross (ICRC), the Philippine Red Cross (PRC), and other state-recognized
impartial humanitarian partners or organizations is conformity with the International Humanitarian
Law (IHL), do not fall within the scope of Section 12 of this Act.

Section 14. Accessory.- Any person who having knowledge of the commission of any of the crimes
defined and penalized under Section 4 of this Act, without having participated therein, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself/herself 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; or (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime, shall be liable as
an accessory and shall suffer the penalty of imprisonment of twelve (12) years.

No person, regardless of relationship or affinity, shall be exempt from liability under this section.

Section 15. Penalty for Public Official.- If the offender found guilty of any of the acts defined and
penalized under any of the provisions of this Act is a public official or employee, he/she shall be
charged with the administrative offense of grave misconduct and/or disloyalty to the Republic of the
Philippines and the Filipino people, and be meted with the penalty of dismissal from the service, with
the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits and
perpetual absolute disqualification from running for any elective office or holding any public office.
Section 16. Surveillance of Suspects and Interception and Recording of Communications.- The
provisions of Republic Act No. 4200, otherwise known as the "Anti-Wire Tapping Law" to the
contrary notwithstanding, a law enforcement agent or military personnel may, upon a written order of
the Court of Appeals secretly wiretap, overhear and listen to, intercept, screen, read, survey, record
or collect, with the use of any mode, form, kind or type of electronic, mechanical or other equipment
or device or technology now known or may hereafter be known to science or with the use of any
other suitable ways and means for the above purposes, any private communications, conversation,
discussion/s, data, information, messages in whatever form, kind or nature, spoken or written words
(a) between members of a judicially declared and outlawed terrorist organization, as provided in
Section 26 of this Act; (b) between members of a designated person as defined in Section 3(e) of
Republic Act No. 10168; or (c) any person charged with or suspected of committing any of the
crimes defined and penalized under the provisions of this Act: 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.

The law enforcement agent or military personnel shall likewise be obligated to (1) file an ex-
parte application with the Court of Appeals for the issuance of an order, to compel
telecommunications service providers (TSP) and internet service providers (ISP) to produce all
customer information and identification records as well as call and text data records, content and
other cellular or internet metadata of any person suspected of any of the crimes defined and
penalized under the provisions of this Act; and (2) furnish the National Telecommunications
Commission (NTC) a copy of said application. The NTC shall likewise be notified upon the issuance
of the order for the purpose of ensuring immediate compliance.

Section 17. Judicial Authorization, Requisites.- The authorizing division of the Court of Appeals shall
issue a written order to conduct the acts mentioned in Section 16 of this ACT upon:

(a) Filing of an ex parte written application by a law enforcement agent or military personnel,
who has been duly authorized in writing by the Anti Terrorism Council (ATC); and

(b) After examination under oath or affirmation of the applicant and the witnesses he/she
may produce, the issuing court determines:

(1) that there is probable cause to believe based on personal knowledge of facts or
circumstances that the crimes defined and penalized under Sections 4, 5, 6, 7, 8, 9,
10, 11, and 12 of this Act has been committed, or is being committed, or is about to
be committed; and

(2) 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.

Section 18. 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 the application for such order, shall be
deemed and are hereby declared as classified information. Being classified information, access to
the said documents and any information contained in the said documents shall be limited to the
applicants, duly authorized personnel of the ATC, the hearing justices, the clerk of court and duly
authorized personnel of the hearing or issuing court. 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 person or persons whose communications, messages, conversations, discussions, or 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) 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 or persons suspected of committing any of the crimes defined and
penalized under the provisions of this Act are not fully known, such person or persons shall be the
subject of continuous surveillance; (b) the identity of the law enforcement agent or military
personnel, including the individual identity of the members of his team, judicially authorized to
undertake surveillance activities; (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.

Section 19. Effective Period of Judicial Authorization.- Any authorization granted by the Court of
Appeals, pursuant to Section 17 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 sixty (60) days from the date of receipt of the written order by the applicant law enforcement agent
or military personnel.

The authorizing division of the Court of Appeals may extend or renew the said authorization to a
non-extendible period, which shall not exceed thirty (30) days from the expiration of the original
period: Provided, That the issuing court 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 ATC.

In case of death of the original applicant or in case he/she 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 shall file the application for extension or
renewal: Provided, finally, That, the applicant law enforcement agent or military personnel 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.

For purposes of this provision, the issuing court shall require the applicant law enforcement or
military official to inform the court, after the lapse of the thirty (30)-day period of the fact that an
appropriate case for violation of this Act has been filed with the Public Prosecutor's Office.

Section 20. Custody of Intercepted and Recorded Communications.- All tapes, disc, other storage
devices, recording, notes, memoranda, summaries, excerpts and all copies thereof obtained under
the judicial authorization granted by the Court of Appeals shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order or the extension or renewal granted thereafter, be
deposited with the issuing court in a sealed envelope or sealed package, as the case may be, and
shall be accompanied by a joint affidavit of the applicant law enforcement agent or military personnel
and the members of his/her team.

In case of death of the applicant or in case he/she 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, law enforcement agent or military personnel or any custodian of
the tapes, disc, other storage devices recordings, notes, memoranda, summaries, excerpts and all
copies thereof 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 the penalty of imprisonment of ten (10) years.

Section 21. Contents of Joint Affidavit.- The joint affidavit of the law enforcement agent or military
personnel shall state: (a) the number of tapes, disc, and recordings that have been made; (b) the
dates and times covered by each of such tapes, disc, and recordings; and (c) the chain of custody or
the list of persons who had possession or custody over the tapes, discs and recordings.

The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of
any such tapes, discs, other storage devices, recordings, notes, memoranda, summaries, or
excerpts 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, law enforcement agent or military personnel to omit or exclude
from the joint affidavit any item or portion thereof mentioned in this section.

Any person, law enforcement agent or military officer who violates any of the acts proscribed in the
preceding paragraph shall suffer the penalty of imprisonment of ten (10) years.

Section 22. Disposition of Deposited Materials.- The sealed envelope or sealed package and the
contents thereof, referred to in Section 20 of this Act, shall be deemed and are hereby declared
classified information. The sealed envelope or sealed package shall not be opened, disclosed, or
used as evidence unless authorized by 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 (DOJ) duly authorized in writing by the ATC to file the application with proper written notice to
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.

The written application, with notice to the party concerned, for the opening, replaying, disclosing, or
using as evidence of the sealed package or the contents thereof, shall clearly state the purpose or
reason for its opening, replaying, disclosing, or its being used as evidence.

Violation of this section shall be penalized by imprisonment of (10) years.

Section 23. 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 be inadmissible and cannot be used as evidence against anybody in any
judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

Section 24. Unauthorized or Malicious Interceptions and/ or Recordings.- Any law enforcement

agent or military personnel who conducts surveillance activities without a valid judicial authorization
pursuant to Section 17 of this Act shall be guilty of this offense and shall suffer the penalty of
imprisonment of ten (10) years. All information that have been maliciously procured should be made
available to the aggrieved party.

Section 25. Designation of Terrorist Individual, Groups of Persons, Organizations or Associations.-

Pursuant to our obligations under United Nations Security Council Resolution (UNSCR) No. 1373,
the ATC shall automatically adopt the United Nations Security Council Consolidated List of
designated individuals, group of persons, organizations, or associations designated and/or identified
as a terrorist, one who finances terrorism, or a terrorist organization or group.

Request for designation by other jurisdictions of supranational jurisdictions may be adopted by the
ATC after determination that the proposed designee meets the criteria for designation of UNSCR
No. 1373.

The ATC may designate an individual, groups of persons, organization, or association, whether
domestic or foreign, upon a finding of probable cause that the individual, groups of persons,
organization, or association commit, or attempt to commit, or conspire in the commission of the acts
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act.

The assets of the designated individual, groups of persons, organization or association above-
mentioned shall be subject to the authority of the Anti-Money Laundering Council (AMLC) to freeze
pursuant to Section 11 of Republic Act No. 10168.

The designation shall be without prejudice to the proscription of terrorist organizations, associations,
or groups of persons under Section 26 of this Act.

Section 26. Proscription of Terrorist Organizations, Association, or Group of Persons.- Any group of

persons, organization, or association, which commits any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, or organized for the purpose of engaging in
terrorism shall, upon application of the DOJ before the authorizing division of the Court of Appeals
with due notice and opportunity to be heard given to the group of persons, organization or
association, be declared as a terrorist and outlawed group of persons, and organization or
association, by the said Court.

The application shall be filed with an urgent prayer for the issuance of a preliminary order or
proscription. No application for proscription shall be filed without the authority of the ATC upon the
recommendation of the National Intelligence Coordinating Agency (NICA).

Section 27. Preliminary Order of Proscription.- Where the Court has determined that probable cause
exists on the basis of the verified application which is sufficient in form and substance, that the
issuance of an order of proscription is necessary to prevent the commission of terrorism, he/she
shall, within seventy-two (72) hours from the filing of the application, issue a preliminary order of
proscription declaring that the respondent is a terrorist and an outlawed organization or association
within the meaning of Section 26 of this Act.

The court shall immediately commence and conduct continuous hearings, which should be
completed within six (6) months from the application has been filed, to determine whether:

(a) The preliminary order of proscription should be made permanent;

(b) A permanent order of proscription should be issued in case no preliminary order was
issued; or

(c) A preliminary order of proscription should be lifted. It shall be the burden of the applicant
to prove that the respondent is a terrorist and an outlawed organization or association within
the meaning of Section 26 of this Act before the court issues an order of proscription whether
preliminary or permanent.
The permanent order of proscription herein granted shall be published in a newspaper of general
circulation. It shall be valid for a period of three (3) years after which, a review of such order shall be
made and if circumstances warrant, the same shall be lifted.

Section 28. Request to Proscribe from Foreign Jurisdictions and Supranational Jurisdictions.-

Consistent with the national interest, all requests for proscription made by another jurisdiction or
supranational jurisdiction shall be referred by the Department of Foreign Affairs (DFA) to the ATC to
determine, with the assistance of the NICA, if proscription under Section 26 of this Act is warranted.
If the request for proscription is granted, the ATC shall correspondingly commence proscription
proceedings through DOJ.

Section 29. Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the
revised Penal Code to the contrary notwithstanding, any law enforcement agent or military
personnel, who, having been duly authorized in writing by the ATC has taken custody of a person
suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of this Act, shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver said suspected person to the proper judicial
authority within a period of fourteen (14) calendar days counted from the moment the said suspected
person has been apprehended or arrested, detained, and taken into custody by the law enforcement
agent or military personnel. The period of detention may be extended to a maximum period of (10)
calendar days if it is established that (1) further detention of the person/s is necessary to preserve
evidence related to terrorism or complete the investigation; (2) further detention of the person/s is
necessary to prevent the commission of another terrorism; and (3) the investigation is being
conducted properly and without delay.

Immediately after taking custody of a person suspected of committing terrorism or any member of a
group of persons, organization or association proscribed under Section 26 hereof, the law
enforcement agent or military personnel shall notify in writing the judge of the court nearest the place
of apprehension or arrest of the following facts: (a) the time, date, and manner of arrest; (b) the
location or locations of the detained suspect/s and (c) the physical and mental condition of the
detained suspect/s. The law enforcement agent or military personnel shall likewise furnish the ATC
and the Commission on Human Rights (CHR) of the written notice given to the judge.

The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights
as a detainee and shall ensure access to the detainee by his/her counsel or agencies and entities
authorized by law to exercise visitorial powers over detention facilities.

The penalty of imprisonment of ten (10) years shall be imposed upon the police or law enforcement
agent or military personnel who fails to notify any judge as provided in the preceding paragraph.

Section 30. Rights of a Person under Custodial Detention. - The moment a person charged with or
suspected of committing any of the acts defined and penalized under Sections 4, 5, 7, 6, 7, 8, 9, 10,
11 and 12 of this Act is apprehended or arrested and detained, he/she shall forthwith be informed,
by the arresting law enforcement agent or military personnel to whose custody the person concerned
is brought, of his/her right: (a) to be informed of the nature and cause of his/her arrest, to remain
silent and to have competent and independent counsel preferably of his/her right: (a) to be informed
of the nature and cause of his/her arrest, to remain silent and to have competent and independent
counsel preferably of his/her choice. If the person cannot afford the services of counsel of his/her
choice, the law enforcement agent or military personnel 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/her with legal assistance. These rights
cannot be waived except in writing and in the presence of his/her counsel of choice: (b) informed of
the cause or causes of his/her detention in the presence of his legal counsel; (c) allowed to
communicate freely with his/her 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/her
family or with his/her nearest relatives and to be visited by them; and, (e) allowed freely to avail of
the service of a physician or physicians of choice.

Section 31. Violation of the Rights of a Detainee. - The penalty of imprisonment of ten (10) years
shall be imposed upon any law enforcement agent or military personnel who has violated the rights
of persons under their custody, as provided for in Section 29 and 30 of this Act.

Unless the law enforcement agent or military personnel who violated the rights of a detainee or
detainees as stated above is duly identified, the same penalty shall be imposed on the head of the
law enforcement unit or military unit having custody of the detainee at the time the violation was
done.

Section 32. Official Custodial Logbook and Its Contents. - The law enforcement custodial, unit in
whose care and control the person suspected of committing any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act 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 of
the person under custody or any member of his/her family or relative by consaguinity or affinity
within the fourth civil degree or his/her physician at any time of the day or night subject to be
reasonable restrictions by the custodial facility. 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/her initial admission for custodial arrest and detention: (c) the name and address of the physician
or physicians who examined him/her physically and medically; (d) the state of his/her health and
physical condition at the time of his/her initial admission for custodial detention; (e) the date and time
of each removal of the detained person from his/her cell for interrogation or for any purpose; (f) the
date and time of his/her return to his/her cell; (g) the name and address of the physician or
physicians who physically and medically examined him/her after each interrogation; (h) a summary
of the physical and medical findings on the detained person after each of such interrogation; (j) the
names and addresses of his/her 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 visit; (l) the date and time of each request of the detained person to communicate and confer
with his/her legal counsel or counsels; (m) the date and time of each visit, and date and time of each
departure of his/her 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 law enforcement custodial unit shall upon demand of the aforementioned lawyer or
members of the family or relatives within the fourth civil degree of consanguinity or affinity of the
person under custody of his/her physician, issue a certified true copy of the entries of the logbook
relative to the concerned detained person subject to reasonable restrictions by the custodial facility.
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 law enforcement custodial unit who fails to comply with the preceding paragraphs to keep an
official logbook shall suffer the penalty of imprisonment of ten (10) years.
Section 33. No Torture or Coercion in Investigation and Interrogation. - The use of torture and other
cruel, inhumane and degrading treatment or punishment, as defined in Sections 4 and 5 of Republic
Act no. 9745 otherwise known as the "Anti-Torture Act of 2009," at any time during the investigation
or interrogation of a detained suspected terrorist is absolutely prohibited and shall be penalized
under said law. Any evidence obtained from said detained person resulting from such treatment shall
be, in its entirely, inadmissible and cannot be used as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing.

Section 34. Restriction on the Right to Travel. - Prior to the filing of an information for any violation
of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, the investigating prosecutor shall apply for the
issuance of a precautionary hold departure order (PHDO) against the respondent upon a preliminary
determination of probable cause in the proper Regional Trial Court.

Upon the filing of the information regarding the commission of any acts defined and penalized under
the provisions of this ACT, the prosecutor shall apply with the court having jurisdiction for the
issuance of a hold departure order (HDO) against the accused. The said application shall be
accompanied by the complaint-affidavit and its attachments, personal details, passport number, and
a photograph of the accused, if available.

In cases where evidence of guilt is not strong, and the person charged 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 h/she 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.
The court shall immediately furnish the DOJ and the Bureau of Immigration (BI) with the copy of said
order. 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/her bail, which shall 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/her usual place of
residence. ℒαwρhi ৷

While under house arrest, he/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.

If the evidence of guilt, is strong, the court shall immediately issue an HDO and direct the DFA to
initiate the procedure for the cancellation of the passport of the accused.

The restrictions above-mentioned shall be terminated upon the acquittal of the accused or the
dismissal of the case file against him/her or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.

Section 35. Anti-Money Laundering Council Authority to Investigate, Inquire into and Examine Bank
Deposits. - Upon the issuance by the court of a preliminary order of proscription or in case of
designation under Section 25 of this Act, 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 as defined and penalized under Republic Act No. 10168, or violation of
Sections 4, 6, 7, 10, 11 or 12 of this Act: and (b) property or funds of any person or persons in
relation to whom there is probable cause to believe that such persons are committing or attempting
or conspiring to commit, or participating in or facilitating the financing of the aforementioned sections
of this Act.
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 36. Authority to Freeze. - Upon the issuance by  the court of a preliminary order of
proscription or in case of designation under Section 25 of this Act, the AMLC, either upon its own
initiative or request of the ATC, is hereby authorized to issue an ex parte order to freeze without
delay: (a) any property or funds that are in any way related to financing of terrorism as defined and
penalized under Republic Act No. 101168, or any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of
this Act ; and (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 the aforementioned sections of this Act.

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 UNSCR No. 1373 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: Provided, That the person whose property or funds have
been frozen may withdraw such sums as the AMLC determines to be reasonably needed for monthly
family needs and sustenance including the services of counsel and the family medical needs of such
person.

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 as defined and penalized
under Republic Act No. 10168, or any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act
committed within the jurisdiction of the Philippines, said property or funds shall be the subject of civil
forfeiture proceedings as provided under Republic Act No. 10168.

Section 37. Malicious Examination of a Bank or a Financial Institution. - Any person who

maliciously, or without authorization,examines deposits, placements, trust accounts, assets, or
records in a bank or financial institution in relation to Section 36 hereof, shall suffer the penalty of
four (4) years of imprisonment.

Section 38. Safe Harbor. - No administrative, criminal or civil proceedings shall lie aginst any person
acting in good faith when implementing the targeted financial sanctions as provided under pertinent
United Nations Security Resolutions.
Section 39. 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 after being duly served with
the written order of authorization from the Court of appeals, refuses to allow the examination of the
deposits, placements, trust accounts, assets, and records of a terrorist or an outlawed group of
persons, organization or association, in accordance with Section 25 and 26 hereof, shall suffer the
penalty of imprisonment of four (4) years.

Section 40. Immunity and Protection of Government Witnesses. - The immunity and protection of
government witnesses shall be governed by the provisions of Republic Act No. 6981, otherwise
known as "The Witness Protection, Security and Benefits Act".

Section 41. Penalty for Unauthorized revelation of Classified Materials. - The penalty of

imprisonment of ten (10) years shall be imposed upon any person, law enforcement agent or military
personnel, 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. The penalty imposed herein
is without prejudice and in addition to any corresponding administrative liability the offender may
have incurred for such acts.

Section 42. Infidelity in the Custody of Detained Persons. - Any public officer who has direct custody
of a detained person 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 ten (10) years of imprisonment.

Section 43. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The
penalty of imprisonment of six (6) years shall be imposed upon any person who knowingly furnishes
false testimony, forged document or spurious evidence in any investigation or hearing conducted in
relation to any violations under this Act.

Section 44. Continuous Trial. - In cases involving crimes defined and penalized under the provisions
of this Act, the judge concerned shall set the case for continuous trial on a daily basis from Monday
to Thursday or other short-term trial calendar to ensure compliance with the accussed's right to
speedy trial.

Section 45. Anti-Terrorism Council. - An Anti-Terrorism Council (ATC) is hereby created. The

members of the ATC are: (1) the Executive Secretary, who shall be its Chairperson; (2) the National
Security Adviser who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the
Secretary of National Defense; (50 the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; (7) the Secretary of Justice; (8) the Secretary of Information and
Communications technology; and (9) the Executive Director of the Anti-Money Laundering Council
(AMLC) Secretariat as its other members.

The ATC shall implement this Act and assume the responsibility for the proper and effective
implementation of the policies of the country against terrorism. The ATC shall keep records of its
proceedings and decisions. All records of the ATC shall be subject to such security classifications as
the ATC may, in its judgment and discretion, decide to adopt to safeguard the safety of the people,
the security of the Republic, and welfare of the nation.

The NICA shall be the Secretariat of the ATC. The ATC shall define the powers, duties, and
functions of the NICA as Secretariat of the ATC. The Anti-Terrorism Council-Program Management
Center (ATC-PMC) is hereby institutionalized as the main coordinating and program management
arm of the ATC. The ATC shall define the powers, duties, and functions of the ATC-PMC. The
Department of Science and Technology (DOST), the Department of Transportation (DOTr), the
Department of Labor and Employment (DOLE), the Department of Education (DepEd), the
Department of Social Welfare and Development (DSWD), the Presidential Adviser for Peace,
Reunification and Unity (PAPRU, formerly PAPP), the Bangsamoro Autonomous Region in Muslim
Mindanao (BARMM), the National Bureau of Investigation (NBI), the BI, the Office of Civil Defense
(OCD), the Intelligence Service of the Armed Forces of the Philippines (ISAFP), the Philippine
Center on Transnational Crimes (PCTC), the Philippine National Police (PNP) intelligence and
investigative elements, the Commission on Higher Education (CHED), and the National Commission
on Muslim Filipinos (NCMF) shall serve as support agencies of the ATC.

The ATC shall formulate and adopt comprehensive, adequate, efficient, and effective plans,
programs, or measures to prevent, counter, suppress, or eradicate the commission of terrorism in
the country and to protect the people from such acts. In pursuit of said mandate, the ATC shall
create such focus programs to prevent and counter terrorism as necessary, to ensure the counter
terrorism operational awareness of concerned agencies, to conduct legal action and to pursue legal
and legislative initiatives to counter terrorism, prevent and stem terrorist financing, and to ensure
compliance with international commitments to counter terrorism-related protocols and bilateral
and/or multilateral agreements, and identify the lead agency for each program, such as:

(a) Preventing and countering violent extremism program- The program shall address the
conditions conductive to the spread of terrorism which include, among others: ethnic,
national, and religious discrimination; socio-economic disgruntlement; political exclusion;
dehumanization of victims of terrorism; lack of good governance; and prolonged unresolved
conflicts by winning the hearts and minds of the people to prevent them from engaging in
violent extremism. It shall identify, integrate, and synchronize all government and non-
government initiatives and resources to prevent radicalization and violent extremism, thus
reinforce and expand an after-care program;

(b) Preventing and combating terrorism program- The program shall focus on denying
terrorist groups access to the means to carry out attacks to their targets and formulate
response to its desired impact through decisive engagements. The program shall focus on
operational activities to disrupt and combat terrorism activities and attacks such as curtailing,
recruitment, propaganda, finance and ,logistics, the protection of potential targets, the
exchange of intelligence with foreign countries, and the arrest of suspected terrorists;

(c) International affairs and capacity building program- The program shall endeavor to build
the state's capacity to prevent and combat terrorism by strengthening the collaborative
mechanisms between and among ATC members and support agencies and facilitate
cooperation among relevant stakeholders, both local and international, in the battle against
terrorism; and

(d) Legal affairs program- The program shall ensure respect for human rights and adherence
to the rule of law as the fundamental bases of the fight against terrorism. It shall guarantee
compliance with the same as well as with international commitments to counter terrorism-
related protocols and bilateral and/or multilateral agreements.

Nothing herein shall be interpreted to empower the ATC to exercise any judicial or quasi-judicial
power or authority.

Section 46. Functions of the Council. - In pursuit of its mandate in the previous Section, the ATC
shall have the following functions with due regard for the rights of the people as mandated by the
Constitution and pertinent laws:
(a) Formulate and adopt plans, programs, and preventive and counter-measures against
terrorist and terrorism in the country;

(b) Coordinate all national efforts to suppress and eradicate terrorism in the country and
mobilize the entire nation against terrorism prescribed in this Act;

(c) Direct the speedy investigation and prosecution of all persons detained or accused for
any crime defined and penalized under this Act;

(d) Monitor the progress of the investigation and prosecution of all persons accused and/or
detained for any crime defined and penalized under the provisions of this Act;

(e) Establish and maintain comprehensive database information systems on terrorism,

terrorist activities, and counter terrorism operations;

(f) Enlist the assistance of and file the appropriate action with the AMLC to freeze and forfeit
the funds, bank deposits, placements, trust accounts, assets and property of whatever kind
and nature belonging (i) to a person suspected of or charged with alleged violation of any of
the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, (ii)
between members of a judicially declared and outlawed terrorist organization or association
as provided in Section 26 of this Act; (ii) to designated persons defined under Section 3(e) of
R.A. No. 10168; (iv) to an individual member of such designated persons; or (v) any
individual, organization, association or group of persons proscribed under Section 26 hereof;

(g) 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 found guilty for violation of any of the acts defined and penalized under Sections 4,
5, 6, 7, 8, 9, 10, 11 and 12 of this Act: Provided, That, no monetary reward shall be granted
to informants unless the accused's demurrer to evidence has been denied or the prosecution
has rested its case without such demurrer having been filed;

(h) Establish and maintain coordination with and the cooperation and assistance of other
states, jurisdictions, international entities and organizations in preventing and combating
international terrorism;

(i) Take action on relevant resolutions issued by the UN Security Council acting under
Chapter VII of the UN Charter; and consistent with the national interest, take action on
foreign requests to designate terrorist individuals, associations, organizations or group of
persons;

(j) Take measures to prevent the acquisition and proliferation by terrorists of weapons of
mass destruction;

(k) Lead in the formulation and implementation of a national strategic plan to prevent and
combat terrorism;

(l) Request the Supreme Court to designate specific divisions of the Court of Appeals or
Regional Trial Courts to handle all cases involving the crimes defined and penalized under
this Act;
 (m) Require other government agencies, offices and entities and officers and employees and
non-government organizations, private entities and individuals to render assistance to the
ATC in the performance of its mandate; and

(n) Investigate motu propio or upon complaint any report of abuse, malicious application or
improper implementation by any person of the provisions of this Act.

Section 47. Commission on Human Rights (CHR).  - The CHR 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.

Section 48. Ban on Extraordinary Rendition .- No person suspected or convicted of any of the

crimes defined and penalized under the provisions of Sections 4, 5, 6, 7, 8, 8, 10, 11 or 12 of this Act
shall be subjected to extraordinary rendition to any country.

Section 49. Extraterritorial Application. - Subject to the provision of any 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:

(a) To a Filipino citizen or national who commits any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the
Philippines;

(b) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial
limits of the Philippines;

(c) To individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes mentioned in Paragraph (a) hereof on board
Philippine ship or Philippine airship;

(d) To individual persons who commit any of said crimes mentioned in Paragraph (a) hereof
within any embassy, consulate, or diplomatic premises belonging to or occupied by the
Philippine government in an official capacity;

(e) To individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes mentioned in Paragraph (a) hereof against Philippine
citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in
the commission of the crime; and

(f) To individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes directly against the Philippine government. 1avvphi1

In case of an individual who is neither a citizen or a national of the Philippines who commits any of
the crimes mentioned in Paragraph (a) hereof outside the territorial limits of the Philippines, the
Philippines shall exercise jurisdiction only when such individual enters or is inside the territory of the
Philippines: Provided, That, in the absence of any request for extradition from the state where the
crime was committed or the state where the individual is a citizen or national, or the denial thereof,
the ATC shall refer the case to the BI for deportation or to the DOJ for prosecution in the same
manner as if the act constituting the offense had been committed in the Philippines.
Section 50. Joint Oversight Committee. - Upon the effectivity of this Act, a Joint Congressional
Oversight Committee is hereby constituted. The Committee shall be composed of twelve (12)
members with the chairperson of the Committee on Public Order of the Senate and the House of
Representatives as members and five (5) additional members from each House to be designated by
the Senate President and the
Speaker of the House of Representatives, respectively. The minority shall be entitled to a pro-ratas
representation but shall have at least two (2) representatives in the Committee.

In the exercise of its oversight functions, the Joint Congressional Oversight Committee shall have
the authority to summon law enforcement or military officers and the members of the ATC to appear
before it, and require them to answer questions and submit written reports of the acts they have
done in the implementation of this Act and render an annual report to both Houses of Congress as to
its status and implementation.

Section 51. Protection of Most Vulnerable Groups. - There shall be due regard for the welfare of any
suspects who are elderly, pregnant, persons with disability, women and children while they are
under investigation, interrogation or detention.

Section 52. Management of Persons Charged Under this Act. - The Bureau of Jail Management and
Penology (BJMP) and the Bureau of Corrections (BuCoR) shall establish a system of assessment
and classification for persons charged for committing terrorism and preparatory acts punishable
under this Act. Said system shall cover the proper management, handling, and interventions for said
persons detained.

Persons charged under this Act shall be detained in existing facilities of the BJMP and the BuCoR.

Section 53. Trial of Persons Charged Under this Act. - Any person charged for violations of Sections
4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act shall be tried in special courts created for this purpose.In this
regard, the Supreme Court shall designate certain branches of the Regional Trial Courts as anti-
terror courts whose jurisdiction is exclusively limited to try violations of the above mentioned
provisions of this Act.

Persons charged under the provisions of this Act and witnesses shall be allowed to remotely appear
and provide testimonies through the use of video-conferencing and such other technology now
known or may hereafter be known to science as approved by the Supreme Court.

Section 54. Implementing Rules and Regulations.- The ATC and the DOJ, with the active
participation of police and military institutions, shall promulgate the rules and regulations for the
effective implementation of this Act within ninety (90) days after its effectivity. They shall also ensure
the full dissemination of such rules and regulations to both Houses of Congress, and all officers and
members of various law enforcement agencies.

Section 55. 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 shall remain
and continue to be in full force and effect.

Section 56. Repealing Clause.- Republic Act No. 9372, otherwise known as the "Human Security
Act of 2007", is hereby repealed. 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.
Section 57. Saving Clause.- All judicial decisions and orders issued, as well as pending actions
relative to the implementation of Republic Act No. 9372, otherwise known as the "Human Security
Act of 2007", prior to its repeal shall remain valid and effective.

Section 58. Effectivity.- 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.

Resources: The LawPhil. Project Arellano Law Foundation. Philippine Laws and Jurisprudence
databank.