Comparison Table HB SB RAfinal Final

8/12/2019 Comparison Table HB SB RAfinal Final

1/16

1

COMPARISON TABLE

HREPS SENATE RA

Sec.3. Terrorism. Terrorism is the

premeditated threatened or actual use

of violence or force or any other means

that deliberately tend to cause or

actually cause harm to persons, or of

force and other destructive means

against property or the environment,

with the intention of creating or sowing

a state of danger, panic, fear or chaos to

the general public or segment thereof,

or of coercing or intimidating the

government to do or refrain from doing

an act.

Sec. 3. Terrorism, How Committed.

Terrorism is committed by any person or

group of persons, whether natural or

juridical, through premeditated,

threatened, or actual use of violence,

force, coercion, intimidation, or any other

means of destruction perpetrated against

person/s, property/ies, environment or

the government, with the intention of

creating or sowing a state of danger,

panic, fear or chaos to the general public

or a segment thereof by any of the

following acts:

1. Causing or threatening to causedeath or serious physical ormental harm to a person or

group of persons;

2. Depriving or threatening todeprive any person of his/her

liberty;

3. Assassinating or kidnapping theofficials within the constitutional

line of succession, or any

internationally protected person

in violation of the Convention on

the Protection and Punishment

of Crimes Against Internationally

Protected Persons, includingDiplomatic Agents, and other

international agreements;

4. Causing or threatening to causesubstantial damage or wanton

destruction or resorting to arson

on critical infrastructure or any

property, public or private;

5. Causing or threatening to causesubstantial damage or wanton

destruction or resorting to arson

on critical infrastructure or any

property, public or private;6. Causing or threatening to cause

serious interference with or

serious disruption of an essential

service, facility or system,

whether public or private, other

than a result of lawful advocacy,

protest, dissent or stoppage of

work;

7. Attacking or threatening toattack the cyberspace, by

destroying the actual machinery

SEC. 3. Terrorism.- Any person who

commits an act punishable under any of

the following provisions of the Revised

Penal Code:

a. Article 122 (Piracy in General

and Mutiny in the High Seas or in

the Philippine Waters);

b. Article 134 (Rebellion or

Insurrection);

c. Article 134-a (Coup d' Etat),

including acts committed by

private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and

Serious Illegal Detention);

f. Article 324 (Crimes Involving

Destruction), or under

1. Presidential Decree No.

1613 (The Law on Arson);

2. Republic Act No. 6969

(Toxic Substances and

Hazardous and Nuclear

Waste Control Act of

1990);

3. Republic Act No. 5207,

(Atomic Energy

Regulatory and Liability

Act of 1968);

4. Republic Act No. 6235

(Anti-Hijacking Law);


532 (Anti-Piracy and Anti-

Highway Robbery Law of

1974); and,


1866, as amended

(Decree Codifying the

Laws on Illegal and


2/16

2

of the information and

communication infrastructure,

disrupting the information

technology underlying the

internet, government or private

computer networks or systems,

or committing any unlawful act

against information andcommunication systems;

8. Hijacking or threatening to hijackany kind of aircraft, electric or

railroad train, passenger bus or

other means of mass

transportation, or public

conveyance, or piracy of ship or

sea vessel;

9. Willfully destroying theenvironment including the

natural resources in land, water

or air, such as forests or marineand mineral resources, or

intentionally causing oil or toxic

spillages, or other similar acts of

destruction against the

environment that threatens

ecological security, or natural

cultural property;

10. Manufacturing, processing,selling, acquiring, possessing,

using, diverting, supplying or

transporting chemical, biological,

radiological or nuclear agents, or

equipment and instruments usedin their production, distribution,

release or spread that would

endanger directly or indirectly

the safety of one or more

individuals, or to cause mass

destruction or great damage to

property; or

11. Manufacturing, selling, acquiringsupplying, disposing, using or

possessing explosives, bombs,

grenades, projectiles, devices, or

other lethal weapons, orsubstances or machinery used or

intended to be used for the

manufacture of explosives in

furtherance of, or incident to, or

in connection with, an act of

terrorism defined herein.

Any person who commits any act of

terrorism shall suffer the penalty of life

imprisonment and a fine of ten million

pesos (Php 10,000,000.00): Provided, that,

Unlawful Possession,

Manufacture, Dealing in,

Acquisition or Disposition

of Firearms, Ammunitions

or Explosives)

thereby sowing and creating a condition of

widespread and extraordinary fear and

panic among the populace, in order to

coerce the government to give in to an

unlawful demand shall be guilty of the

crime of terrorism and shall suffer the

penalty of forty (40) years of imprisonment

without the benefit of parole as provided

for under Act No. 4103, otherwise known

as the Indeterminate Sentence Law, as

amended.


3/16

3

Sec. 7.Acts that Facilitate, Contribute to

or Promote Terrorism. It shall be

unlawful for any person or group of

persons, whether natural or juridical, to

knowingly, willfully and voluntarily

facilitate, contribute to or promote

terrorism through any of the following

acts:

(1) Establishing, maintaining orserving as contact or link with

any person or group of persons

or organization/s as proscribed

pursuant to Section 8 of this Act

who have pursued or are

pursuing terrorism;

(2) Arranging or assisting in theconduct of meeting of two or

more persons, knowing that the

meeting is to support or is in

furtherance of terrorism;(3) Participating in training and

providing training facilities to

any person or group of persons,

organizations to carry out

terrorism;

(4) Providing or offering to providetraining, skill or expertise in

furtherance of terrorism;

(5) Recruiting in order to facilitateor commit terrorism;

(6) Facilitating the entry or stay inthe Philippines of aliens,knowing that the aliens have

pursued or are pursuing

terrorism;

(7) Facilitating, providing, solicitingor encouraging financial or

material support regardless of

its source for the commission of

terrorism; or

(8) Harboring or concealing anyperson whom he knows or has

reasonable ground to believe,

if an act of terrorism should result in the

death of a person, or if committed with

the use of uniform, paraphernalia,

communication equipment, or other

implements peculiar to the armed forces

or other law enforcement agencies, or if

the offender is a government official or

employee or has retired, resigned,dismissed or otherwise separated from

the government service, the penalty of

death shall be imposed.

Sec. 4. Acts that Facilitate, Contribute to

or Promote Terrorism.It shall be

unlawful for any person or group of

persons, whether natural or juridical, to

knowingly, willfully and voluntarily

facilitate, contribute to or promote

terrorism through any of the following

acts:

1. Establishing, maintaining orserving as contact or link with

any person or group of persons

or organization/s who have

pursued or are pursuing

terrorism;

2. Arranging or assisting in theconduct of meeting of two (2) or

more persons, knowing that the

meeting is to support or is in


3. Participating in training andproviding training facilities to any

person or group of persons,

organizations to carry out

terrorism;

4. Providing or offering to providetraining, skill or expertise in


5. Recruiting in order to facilitate orcommit terrorism;

6. Facilitating the entry or stay inthe Philippines of aliens, knowing

that the aliens have pursued orare pursuing terrorism;

7. Facilitating, providing,maintaining, soliciting or

encouraging financial or material

support for the commission of

terrorism; or

8. Harboring or concealing anyperson whom he knows or has

reasonable ground to believe, to

be the person who carried out

any act stated in this Section or


4/16

4

to be the person who carried

out any act stated in this

Section or who committed or is

likely to commit any act of

terrorism.

Any person who commits any of the acts

stated in this Section shall suffer thepenalty of life imprisonment and a fine

of Two Million Five Hundred Thousand

Pesos (P2,500,000.00): Provided, That if

such act was committed with the use of

firearms or ammunition, or uniform,

paraphernalia, communication

equipment, or other implements

peculiar to the armed forces or other

law enforcement agencies, or if the

offender is a public officer or employee,

the penalty of life imprisonment and a

fine of Five Million Pesos (Php5,000,000.00) shall be imposed.

who committed or is likely to

commit any act of terrorism.

Any person who commits any of the acts

stated in this Section shall suffer the

penalty of life imprisonment and a fine of

ten million pesos (Php 10,000,000.00):

Provided, that, if the act should result inthe death of a person, or if such act was

committed with the use of firearms or

ammunition, or uniform, paraphernalia,

communication equipment, or other

implements peculiar to the armed forces

or other law enforcement agencies, or if

the offender is a public officer or

employee, the death penalty shall be

imposed.

Sec. 6. Conspiracy and Proposal to

Commit Terrorism.There is a

conspiracy to commit terrorism when

two or more persons come to an

agreement to commit any act of

terrorism as defined herein and decide

to commit it.

There is proposal to commit terrorism

when any person who has decided to

commit any act of terrorism as defined

herein proposes its execution to someother person or persons.

The conspiracy and proposal to commit

any act of terrorism shall be punished by

imprisonment of not less than six years

and one day but not more than twelve

(12) years and a fine of One million

pesos (P1,000,000.00): Provided, That, if

the offender is a government official or

employee who used or abused his office

in the commission of a terrorist act, the

maximum penalty and the accessorypenalty of perpetual absolute

disqualification to hold public office shall

be imposed.

Sec.6. Conspiracy or Proposal to Commit

Terrorism.There is a conspiracy to

commit terrorism when two or more

persons come to an agreement to commit

any act of terrorism as defined herein and

decide to commit it.

There is proposal to commit terrorism

when any person who has decided to

commit any act of terrorism as defined

herein proposes its execution to some

other person or persons.

Any person who conspires to commit any

act of terrorism shall be punished by

imprisonment of not less than ten (10)

years to fifteen (15) years and a fine of

five million pesos (Php 5,000,000.00).

Any person who proposes the commission

of any act of terrorism shall be punished

by imprisonment of not less than six (6)

years and one (1) day but not more than

ten (10) years and a fine of three millionpesos (Php 3,000,000.00).

Provided, That if the offender is a

government official or employee or has

retired, resigned, dismissed or otherwise

separated from the government service,

the maximum penalty and the accessory

penalty of perpetual disqualification to

hold public office shall be imposed.

SEC. 4. Conspiracy to Commit Terrorism.-

Persons who conspire to commit the crime

of terrorism shall suffer the penalty of forty

(40) years of imprisonment.

There is conspiracy when two or more

persons come to an agreement concerning

the commission of the crime of terrorism as

defined in Section 3 hereof and decide to

commit the same.

SEC. 19. Communication Assistance for

Law Enforcement Agencies.

SEC. 16. Communications Assistance for

Law Enforcement Agencies. -

SEC. 7. Surveillance of Suspects and

Interception and Recording of


5/16

5

(a) The provisions of Republic Act No.

4200, otherwise known as the Anti-

Wire Tapping Act to the contrary

notwithstanding, any peace officer may

apply ex parte before the executive

judge of any Regional Trial Court for

an order, or extension of such an

order, requiring a provider of wire orelectronic communication service to

provide intercepted communication

and call identifying information to law

enforcement agencies, or authorizing

or approving the installation, use

and/or retrieval of surveillance device,

in connection with an investigation for

any offense punishable under this Act.

(b) When a peace officer has certified

that there is probable cause to believe

that the information likely to beobtained by such interception,

installation or use is material to an

ongoing investigation for any offense

punishable under this Act and there

are no other means readily available

for obtaining such information, the

court shall issue an ex parte order

requiring a

provider of wire or electronic

communication service or authorizing

the installation, use and/or retrieval

such device, for a period not to

exceed sixty (60) days. An extensionof such an order may be granted:

Provided, That such extension shall not

exceed sixty (60) days.

Such order shall state one or more of the

following:

(1) The premises to be subjected tosurveillance;

(2) The use of surveillance devicein or on a specified object or

class of object;

(3)

The use of surveillance devicewith respect to the

conversations, activities, or

location of a specified person

or a person whose identity is

unknown;

(4) The order be sealed untilotherwise ordered by the court;

(5) The person using the line towhich the device is to be

attached, or the company has

been ordered by the court to

1. The provisions of Republic Act No.

4200, otherwise known as the Anti-Wire

Tapping Act to the contrary

notwithstanding, any peace officer may

apply ex parte before the executive judge

of any Regional Trial Court for an order,

extension of such an order, requiring a

provider of wire or electroniccommunication service to provide

intercepted communication and call

identifying information to law

enforcement agencies, or authorizing or

approving the installation, use and/or

retrieval of surveillance device, in

connection with an investigation for any

offense punishable under this Act.

2. For purposes of this Act, a surveillance

device shall include but not be limited to

the following:a. Data surveillance device orprogram capable of being used to

record or monitor the input of

information into, or the output

of information from the

computer;

b. Listening device capable of beingused to overhear, record,

monitor or listen to a

conversation or words spoken to

or by any person in

conversation, but does not

include a hearing aid or similardevice used by a person with

impaired hearing to overcome

the impairment and permit that

person to hear only sounds

ordinarily audible to the human

ear;

c. Optical surveillance devicecapable of being used to record

visually or observe an activity,

but does not include spectacles,

contact lenses, or similar device

used by a person with impairedsight to overcome the

impairment;

d. Electronic tracking devicecapable of being used to

determine or monitor the

location of a person or an object

or the status of an object;

e. Pen register capable of recordingor decoding electronic or other

impulses which identified the

numbers dialed or otherwise

Communications.-The provisions of

Republic Act No. 4200 (Anti-Wire Tapping

Law) to the contrary notwithstanding, a

police or law enforcement official and the

members of his team may, upon a written

order of the Court of Appeals, listen to,

intercept and record, with the use of any

mode, form, kind or type of electronic orother surveillance equipment or

intercepting and tracking devices, or with

the use of any other suitable ways and

means for that purpose, any

communication, message, conversation,

discussion, or spoken or written words

between members of a judicially declared

and outlawed terrorist organization,

association, or group of persons or of any

person charged with or suspected of the

crime of terrorism or conspiracy to commit

terrorism.

Provided, That surveillance, interception

and recording of communications between

lawyers and clients, doctors and patients,

journalists and their sources and

confidential business correspondence shall

not be authorized.


6/16

6

provide assistance to the

applicant, not to disclose the

existence of the device or

the existence of the

investigation to the listed

subscriber, or to any other

person, unless or until

otherwise ordered by the court;(6) The provider of wire or

electronic communication

service to provide intercepted

communication and call

identifying information to the

peace officer; or

(7) The entry into the premises,and into other specified

premises adjoining or providing

access to the premises, in order

to install or retrieve the

surveillance device.

(c) A provider of wire or electronic

communication service, landlord,

custodian, or other person shall install

or assist in the installation of such

device forthwith on the appropriate

line and furnish such peace officer

forthwith all information, facilities and

technical assistance necessary to

accomplish the installation, use and/or

retrieval of the device unobtrusively and

with a minimum of interference with

the services that the person so orderedby the court, accord the party with

respect to whom the installation, use

and/or retrieval is to take place, if such

assistance is directed by a court order.

(d) Unless otherwise ordered by the

court, the information obtained by the

device shall be furnished to the peace

officer designated in the court order, at

reasonable intervals during regular

business hours for the duration of

theorder.

(e) Any person who discloses or

causes the publication of information

obtained, gathered or acquired

pursuant to this Section, for the

purpose other than that for which it

was authorized, shall suffer the

penalty of imprisonment of not less

than six months and one day to not

more than six years: Provided,

transmitted on the telephone

line to which such device is

attached, but such term does not

include any device used by a

provider or customer of a wire or

electronic communication service

for billing, or recording as an

incident to billing, forcommunication services

provided by such provider or any

device used by a provider or

customer of a wire

communication service for cost

accounting or other like purposes

in the ordinary course of its

business;

f. Trap and trace device capable ofcapturing the incoming electronic

or other impulses which identify

the originating number of aninstrument or device from which

a wire or electronic

communication was transmitted;

or

g. A device that is a combination ofany two or more of the devices

referred to in paragraph (1) to (6)

of this Section.

3. When the peace officer has certified

that the information likely to be

obtained by such interception, installation

or use is relevant to an ongoinginvestigation for any offense punishable

under this Act, the court shall issue an

ex parte order requiring a provider of

wire or electronic communication service

or authorizing the installation, use and/or

retrieval of the devices applied for, for a

period not to exceed sixty (60) days.

Such order shall state one or more of the

following

a. the permission to be subjected tosurveillance;

b.

the use of surveillance device inor on a specified object or class

of object;

c. the use of surveillance devicewith respect to the

conversations, activities, or

location of a specified person or

a person whose identity is

unknown;

d. the order be sealed untilotherwise ordered by the court;

e. the person using the line to


7/16

7

That, if the offender is a government

official or employee who used or

abused his office in the commission of

a terrorist act, the maximum penalty

and the accessory penalty of perpetual

absolute disqualification to hold public

office

shall be imposed: Provided, further,That the print or broadcast entity that

knowingly publishes or airs wiretapped

material herein above obtained shall be

fined the amount of Two Million Five

Hundred Thousand Pesos

(Php2,500,000.00); the responsible

reporter, writer, president, publisher,

manager and editor-in-chief shall

suffer the penalty of imprisonment as

provided under this subsection (e).

(f) A court order shall not be requiredto authorize the installation, use or

retrieval of surveillance device in any

case where a peace officer, in

connection with an investigation for

any offense punishable under this

Act, obtains the written consent of a

party to the communication to be

monitored or recorded in connection

with any offense punishable under this

Act.

(g) No cause of action shall lie in any

court against any provider of a wireor electronic communication service,

its officers, employees, agents, or

other specified persons for providing

information, facilities, or assistance in

accordance with the terms of a court

order under this Act. A good faith

reliance on a court order under this Act

is a complete defense against any civil or

criminal action brought under this Act or

any other law.

(h) Any communication, written orspoken word, conversation, discussion,

information, photos, or data taken,

obtained or acquired in violation of

this Section shall not be admissible as

evidence in any judicial, quasi-judicial,

legislative or administrative hearing or

investigation.

(i) Any person who hinders, obstructs

or otherwise prevents the peace

officer from performing his duties stated

which the device is to be

attached, or the company who

has been ordered by the court to

provide assistance to the

applicant, not to disclose the

existence of the device or the

existence of the investigation to

the listed subscriber, or to anyother person, unless or until

otherwise ordered by the court;

f. the provider of wire or electroniccommunication service to

provide intercepted

communication and call

identifying information to the

peace officer; or

g. the entry into the premises, andinto other specified premises

adjoining or providing access to

the premises, in order to installor retrieve the surveillance

device.

4. A provider of wire or electronic

communication service, landlord,

custodian, or other person shall install or

assist in the installation of such device

forthwith on the appropriate line and

furnish such peace officer forthwith all

information, facilities, and technical

assistance necessary to accomplish the

installation, use and/or retrieval of the

device unobtrusively and with a minimumof interference with the services that the

person so order by the court, accord the

party with respect to whom the

installation, use and/or retrieval is to take

place, if such assistance is directed by a

court order.

5. Unless otherwise ordered by the court,

the information obtained by the device

shall be furnished to the peace officer

designated in the court order, at

reasonable intervals during regularbusiness hours for the duration of

the order.

6. Any person who discloses information

obtained, gathered or acquired pursuant

to this Section, for the purpose other than

that for which it was authorized, shall

suffer the penalty of imprisonment of not

less than six (6) months and one (1) day to

not more than six (6) years: Provided that,

if the offender is a government official or


8/16

8

in this Section shall suffer the penalty of

imprisonment of not less than six

months and one day to not more

than six years: Provided, That, if the

offender is a government official or

employee used or abused his office in

the commission of a terrorist act, the

maximum penalty and the accessorypenalty of perpetual absolute

disqualification to hold public office shall

be imposed.

employee or has retired, resigned,

dismissed or otherwise separated from

the government service, the maximum

penalty and the accessory penalty of

perpetual disqualification to hold public

office shall be imposed.

7. A court order shall not be required toauthorize the installation, use or retrieval

of surveillance device in any case where a

peace officer, in connection with an

investigation for any offence punishable

under this Act, obtains the written

consent of a party to the communication

to be monitored or recorded in

connection with any offense punishable

under this Act.

8. No cause of action shall lie in any court

against any provider of a wire orelectronic communication service, its

officers, employees, agents, or other

specified persons providing information,

facilities, or assistance in accordance with

the terms of a court order under this Act.

A good faith reliance on a court order

under this Act is a complete defense

against any civil or criminal action brought

under this Act or any other law.

9. Any communication, written or spoken

word, conversation, discussion,

information, photos, or data taken,obtained or acquired in violation of this

Section shall not be admissible as

evidence in any judicial, quasi-judicial,

legislative or administrative hearing or

investigation.

10. Any person who hinders, obstructs or

otherwise prevents the peace officer from

performing his duties in Section 21 of

this Act shall suffer the penalty of

imprisonment of not less than six (6)

months and one (1) day to not more thansix (6) years: Provided, that, if the

offender is a government official or

employee or has retired, resigned,

dismissed or otherwise separated from

the government service, the maximum

penalty and the accessory penalty of

perpetual disqualification to hold public

office shall be imposed.

Sec. 8. Proscription of Organization. For

the purpose of this Act, an organization

may be proscribed as a terrorist

Sec. 8. Proscription of an Organization.

For the purpose of this Act and with the

observance of due process, the Anti

SEC. 17. Proscription of Terrorist

Organizations, Association, or Group of

Persons.- Any organization, association, or


9/16

9

organization, upon petition by the

Secretary of Justice based on the

recommendation of an absolute

majority of all members of the Anti-

Terrorism Council created by this Act,

with the appropriate Regional Trial

Courts, observing due process, if such

organization is characterized by any ofthe following:

1) The leadership andmembership of the subject

organization by overt acts

publicly and openly endorse,

proclaim, campaign and/or

adhere to the commission of

acts of terrorism proscribed and

punished in this Act; and

2) When more than threemembers of the subjectorganization openly and

publicly declare, admit and

acknowledge to have

committed any of the acts

punishable under this act or any

of the acts of terrorism as

defined and described in

Sections 4, 6, and 7 of this act,

with the prior knowledge,

consent and/or encouragement

by the leadership of the

organization and/or subsequent

concurrence or condonation bythe leadership of the

organization.

Proscriptions shall be published in the

government gazette and major

newspapers.

Any proscribed organization or member

thereof may move for de-proscription or

de-listing before the Department of

Justice (DOJ), whose decision is

appealable to the Court of Appeals.

Sec. 9. Membership in a Terrorist

Organization. A proscribed organization

shall automatically be de-established

and the following acts shall be unlawful:

(1) Any person who shall continueto lead the proscribed

organization and any member

who shall continue his

affiliation in said organization;

Terrorism Council, upon its own initiative,

or upon recommendation of the Secretary

of Justice may proscribe a group as a

terrorist organization if such organization

is characterized by any of the following:

1. Any member or membersthereof openly and publicly

declares, admits, acknowledged,to have committed any of the

acts punishable under this Act;

2. Any member or membersthereof have been convicted for

the commission of any act of

terrorism as defined and

described in Sections 3, 4 and 5

of this Act;

3. It is proscribed by the UnitedNations or international

organizations.

Proscriptions shall be published in the

government gazette and major

newspapers.

Any proscribed organization or member

thereof may move for de-proscription or

de-listing before the Department of

Justice (DOJ), whose decision is

appealable to the Court of Appeals.

Sec. 9. Membership in a Terrorist

Organization. Where an organization

has been proscribes as a terrorist

organization, it shall be unlawful for any

person who knowingly, willfully, and by

overt acts, affiliates himself, becomes, or

remains a member of such activities

unless he can prove a lack of personal

knowledge of the organizations activities;

or that he has taken any part in the

activities of the organization at any time

group of persons organized for the purpose

of engaging in terrorism, or which,

although not organized for that purpose,

actually uses the acts to terrorize

mentioned in this Act or to sow and create

a condition of widespread and

extraordinary fear and panic among the

populace in order to coerce thegovernment to give in to an unlawful

demand shall, upon application of the

Department of Justice before a competent

Regional Trial Court, with due notice and

opportunity to be heard given to the

organization, association, or group of

persons concerned, be declared as a

terrorist and outlawed organization,

association, or group of persons by the said

Regional Trial Court.


10/16

10

(2) Any person who shall become amember of said organization

after its proscription had been

published;

(3) Any person who shall revivesaid organization prior to its

having been de-proscribed.

Any person convicted under this

Section shall suffer the penalty of

imprisonment from not less than six

years and one day to not more than

twelve (12) years: Provided, That, if

the offender is a government official

or employee who used or abused

his office in the commission of a

terrorist act, the maximum penalty

and the accessory penalty of

perpetual absolute disqualification

to hold public office shall beimposed.

while it was proscribed; or that he took

immediate steps to terminate his

membership therefrom as soon as

practicable after it was proscribed; or that

the organization was not declared a

terrorist organization at the time he

became a member or begun to profess to

be a member.

Any person convicted under this Section

shall suffer the penalty for imprisonment

of not less than six (6) years and one (1)

day to not more than twelve (12) years.

Provided that, if the offender is a

government official or employee, or has

retied, resigned, dismissed or otherwise

separated from the government service,

the maximum penalty and the accessory

penalty of perpetual disqualification to

hold public office shall be imposed.

Sec. 14.Arrest and Detention. Any

peace officer or a private person may,

without warrant, arrest a person: (a)

when, in his presence, the person to be

arrested has committed, is actually

committing, or attempting to commit

any of the offense under this Act; or (b)

when any of said offense has just been

committed and he has probable cause to

believe based on personal knowledge of

facts or circumstances that the person to

be arrested has committed it.

Any person arrested under this Section

may be detained for a period of not

more than three days following his

arrest for custodial investigation. The

period of detention may be detained for

a period of not more than three days

following his arrest for custodial

investigation.

The period of detention may be

extended beyond three days if theperson arrested without a warrant

demands for a preliminary investigation

and consents to it in writing and in the

presence of his or her counsel. He shall

be entitled to all other rights under

Republic Act No. 7438, otherwise known

as An Act Defining Certain Rights of

Persons Arrested, Detained, or Under

Custodial Investigation.

Sec. 10. Arrest and Detention. Any

person arrested for violation of this Act,

pursuant to Rule 113, Section 5,

paragraphs (a) and (b) of the Rules of

Court, may be detained for an inquest

period of not more than three (3)

following his/her arrest.

The period of detention may be extended

beyond three (3) days if the person

arrested without a warrant demands for a

preliminary investigation and consents toit in writing and in the presence of his or

her counsel. He/she shall be entitled to all

the rights under Republic Act No. 7438,

otherwise known as An Act Defining

Certain Rights of Persons Arrested,

Detained, or Under Custodial

Investigation.

SEC. 18. Period of Detention Without

Judicial Warrant of Arrest.- The provisions

of Article 125 of the Revised Penal Code to

the contrary notwithstanding, any police or

law enforcement personnel, who, having

been duly authorized in writing by the Anti-

Terrorism Council has taken custody of a

person charged with or suspected of the

crime of terrorism or the crime of

conspiracy to commit terrorism shall,

without incurring any criminal liability for

delay in the delivery of detained persons tothe proper judicial authorities, deliver said

charged or suspected person to the proper

judicial authority within a period of three

days counted from the moment the said

charged or suspected person has been

apprehended or arrested, detained, and

taken into custody by the said police, or law

enforcement personnel: Provided, That the

arrest of those suspected of the crime of

terrorism or conspiracy to commit

terrorism must result from the surveillance

under Section 7 and examination of bankdeposits under Section 27 of this Act.

The police or law enforcement personnel

concerned shall, before detaining the

person suspected of the crime of terrorism,

present him or her before any judge at the

latter's residence or office nearest the

place where the arrest took place at any

time of the day or night. It shall be the duty

of the judge, among other things, to

ascertain the identity of the police or law


11/16

11

enforcement personnel and the person or

persons they have arrested and presented

before him or her, to inquire of them the

reasons why they have arrested the person

and determine by questioning and persona

observation whether or not the suspect has

been subjected to any physical, moral or

psychological torture by whom and why.The judge shall then submit a written

report of what he/she had observed when

the subject was brought before him to the

proper court that has jurisdiction over the

case of the person thus arrested. The judge

shall forthwith submit his/her report within

three calendar days from the time the

suspect was brought to his/her residence

or office.

Immediately after taking custody of a

person charged with or suspected of thecrime of terrorism or conspiracy to commit

terrorism, the police or law enforcement

personnel shall notify in writing the judge

of the court nearest the place of

apprehension or arrest: Provided ,That

where the arrest is made during Saturdays,

Sundays, holidays or after office hours, the

written notice shall be served at the

residence of the judge nearest the place

where the accused was arrested.

The penalty of ten (10) years and one day

to twelve (12) years of imprisonment shall

be imposed upon the police or law

enforcement personnel who fails to notify

and judge as Provided in the preceding

paragraph.

Sec. 18.Applicability of Republic Act No.

9160, as Amended by Republic Act No.

9194. Terrorism and other violations of

this Act shall be considered unlawful

activities under Republic Act No. 9160,

otherwise known as the Anti-Money

Laundering Act of 2001, as amended.

Upon determination that a probable

cause exists to suspect that any

monetary instrument or property is in

any way related to or in the furtherance

of terrorism and other violations under

this Act, the Anti-Money Laundering

Council (AMLC) may issue a freeze order,

which shall be effective immediately, on

the said monetary instrument/s and/or

properties for a period not exceeding

ninety (90) days unless extended by the

SEC. 15. Applicability of Republic Act No.

9160, as amended by Republic Act No.

9194.- Any act of terrorism and other

violations as punished under this Act shall

be considered unlawful activities under


as the Anti-Money Laundering Act of

2001, as amended by Republic Act No.9194.

Upon determination that reasonable

ground to suspect exists that any

monetary instrument or property is in any

way related to terrorism and other

violation under this Act, the Anti-Money

Laundering Council (AMLC) may issue a

freeze order, which shall be effective

immediately, on the said monetary

instrument/s and/or properties for a

SEC. 27.Judicial Authorization Required to

Examine Bank Deposits, Accounts, and

Records.- The provisions of Republic Act

No. 1405 as amended, to the contrary

notwithstanding, the justices of the Court

of Appeals designated as a special court to

handle anti-terrorism cases after satisfying

themselves of the existence of probablecause in a hearing called for that purpose

that: (1) a person charged with or

suspected of the crime of terrorism or,

conspiracy to commit terrorism, (2) of a

judicially declared and outlawed terrorist


persons; and (3) of a member of such

judicially declared and outlawed


persons, may authorize in writing any

police or law enforcement officer and the


12/16

12

Court of Appeals. Notice to the

purported owner/s that his/their

monetary instruments and/or property

has/have been frozen shall be issued

simultaneously with the issuance of the

freeze order. The purported owner/s of

the monetary instrument/s and/or

property has/have been frozen shall beissued simultaneously with the issuance

of the freeze order. The purported

owner/s of the monetary instrument/s

and/or property shall have three

working days upon receipt of the notice

to explain why the freeze order should

be lifted. The AMLC has three working

days to resolve the freeze order case

from receipt of the purported owner/s

explanation. If the AMLC fails to act

within three working days from the

receipt of the said purported ownersexplanation, the freeze order shall

automatically be dissolved.

A freeze order shall stop all movements

or transactions of or involving the

monetary instrument/s and property. In

cases where checks drawn against a

bank account subject of a freeze order

were issued within fifteen (15) days prior

to the issuance of the freeze order, the

freeze order shall likewise result in the

automatic cancellation and stop

payment thereof. All movements ortransactions, irrespective of the amount

involved, occurring within the same

period shall be reported to the AMLC:

Provided, That deposits or investments

with any banking institutions or non-

bank financial institutions may be

inquired into or examined by the AMLC

without prior court order pursuant to

Republic Act No. 9160, as amended,

when it is first established by the AMLC

that there is probable cause that the

deposits or investments involved are inany way related to terrorism and other

violations under this Act: Provided,

further, That any person from a covered

institution knowing that any money,

instrument, or property or its proceeds,

represents, involves, or relates to

terrorism or the furtherance thereof and

fails to report the same as suspicious

transaction to the AMLC shall be

criminally liable pursuant to Section 13

of this Act.

period not exceeding ninety (90) days

unless extended by the Court of Appeals.

Notice to the purported owner/s that

his/their monetary instrument/s and/or

properties has/have been

frozen shall be issued simultaneously with

the issuance of the freeze order. The

purported owner/s of the monetaryinstrument/s and/or property shall have

three (3) working days upon receipt of the

notice to explain why the freeze order

should be lifted. The AMLC has three (3)

working days to resolve the freeze order

case from receipt of the purported

owner/s explanation.




cases where checks drawn against a bankaccount subject of a freeze order were

issued within fifteen (15) days prior to the

issuance of the freeze order, the freeze

order shall likewise result in the automatic

cancellation and stop payment thereof. All

movements or transactions, irrespective

of the amount involved, occurring within

the same period shall be reported to the

AMLC.

Provided, that deposits or investments

with any banking institutions or non-bank

financial institutions may be inquired intoor examined without prior court order

pursuant to Republic Act No. 9160, as

amended: Provided, further, that any

person of covered institution knowing

that any money, instrument, or property

or its proceeds, represents, involves, or

relates to terrorism or the furtherance

thereof and fails to report the same as

suspicious transactions to the AMLC shall

be criminally liable pursuant to Section 14

of this Act.

members of his/her team duly authorized

in writing by the anti-terrorism council to:

(a) examine, or cause the examination of,

the deposits, placements, trust accounts,

assets and records in a bank or financial

institution; and (b) gather or cause the

gathering of any relevant information

about such deposits, placements, trustaccounts, assets, and records from a bank

or financial institution. The bank or

financial institution concerned, shall not

refuse to allow such examination or to

provide the desired information, when so,

ordered by and served with the written

order of the Court of Appeals.


13/16

13

SEC. 20. Seizure of Vehicle, Vessel,

Aircraft, Equipment, or Other Property or

Instrument. Any vehicle, vessel,

aircraft, equipment, or other property or

instrument used in furtherance of, or

incidental to, or in connection with any

act of terrorism as defined in this Act

shall be presumedprima facieevidenceto have been unlawfully used in

furtherance of or incident to or in

connection with any act of terrorism as

defined in this Act, and shall carry with it

the confiscation and forfeiture thereof in

favor of the government, including, but

not limited to, all the proceeds of the

crime, such as money and other assets

obtained thereby and instruments or

tools with which it was committed

unless these are properties of a third

person not liable for the offense andwho does not knowingly authorize,

tolerate or consent the use of the same.

Sec. 18.Applicability of Republic Act No.

9160, as Amended by Republic Act No.

9194. Terrorism and other violations of

this Act shall be considered unlawful

activities under Republic Act No. 9160,

otherwise known as the Anti-Money

Laundering Act of 2001, as amended.

Upon determination that a probablecause exists to suspect that any

monetary instrument or property is in

any way related to or in the furtherance

of terrorism and other violations under

this Act, the Anti-Money Laundering

Council (AMLC) may issue a freeze order,

which shall be effective immediately, on

the said monetary instrument/s and/or

properties for a period not exceeding

ninety (90) days unless extended by the

Court of Appeals. Notice to the

purported owner/s that his/theirmonetary instruments and/or property

has/have been frozen shall be issued

simultaneously with the issuance of the

freeze order. The purported owner/s of

the monetary instrument/s and/or

property has/have been frozen shall be

issued simultaneously with the issuance

of the freeze order. The purported

owner/s of the monetary instrument/s

and/or property shall have three

working days upon receipt of the notice

SEC. 17. Seizure of Vehicle, Vessel,

Aircraft, Equipment, or Other Property or

Instrument.Any vehicle, vessel, aircraft,

equipment or other property or

instrument used in furtherance of, or

incident to, or in connection with, any act

of terrorism as defined in this Act shall be

presumedprima facie evidence to havebeen unlawfully used in furtherance of or

incident to or in connection with any act

of terrorism as provided in this Act, and

shall carry with it the confiscation and

forfeiture of thereof, in favor of the

government, including but not limited to

all the proceeds of the crime, such as

money and other assets obtained thereby

and the instruments or tools with which it

was committed unless they are property

of third person not liable for the offense

and who does not knowingly authorize,tolerate or consent the use of the same.

SEC. 15. Applicability of Republic Act No.


9194.- Any act of terrorism and other

violations as punished under this Act shall

be considered unlawful activities under


as the Anti-Money Laundering Act of


9194.

Upon determination that reasonableground to suspect exists that any

monetary instrument or property is in any

way related to terrorism and other

violation under this Act, the Anti-Money

Laundering Council (AMLC) may issue a

freeze order, which shall be effective

immediately, on the said monetary

instrument/s and/or properties for a

period not exceeding ninety (90) days

unless extended by the Court of Appeals.

Notice to the purported owner/s that

his/their monetary instrument/s and/orproperties has/have been

frozen shall be issued simultaneously with

the issuance of the freeze order. The

purported owner/s of the monetary

instrument/s and/or property shall have

three (3) working days upon receipt of the

notice to explain why the freeze order

should be lifted. The AMLC has three (3)

working days to resolve the freeze order

case from receipt of the purported

owner/s explanation.

SEC. 39. Seizure and Sequestration.- The

deposits and their outstanding balances,

placements, trust accounts, assets, and

records in any bank or financial institution,

moneys, businesses, transportation and

communication equipment, supplies and

other implements, and property of

whatever kind and nature belonging: (1) toany person suspected of or charged before

a competent Regional Trial Court for the

crime of terrorism or the crime of

conspiracy to commit terrorism; (2) to a

judicially declared and outlawed


persons; or (3) to a member of such


persons shall be seized, sequestered, and

frozen in order to prevent their use,

transfer, or conveyance for purposes that

are inimical to the safety and security ofthe people or injurious to the interest of

the State.

The accused or a person suspected of may

withdraw such sums as may be reasonably

needed by the monthly needs of his family

including the services of his or her counsel

and his or her family's medical needs upon

approval of the court. He or she may also

use any of his property that is under seizure

or sequestration or frozen because of

his/her indictment as a terrorist upon

permission of the court for any legitimate

reason.

Any person who unjustifiably refuses to

follow the order of the proper division of

the Court of Appeals to allow the person

accused of the crime of terrorism or of the

crime of conspiracy to commit terrorism to

withdraw such sums from sequestered or

frozen deposits, placements, trust

accounts, assets and records as may be

necessary for the regular sustenance of

his/her family or to use any of his/herproperty that has been seized, sequestered

or frozen for legitimate purposes while

his/her case is pending shall suffer the

penalty of ten (10) years and one day to

twelve (12) years of imprisonment.


14/16

14

to explain why the freeze order should

be lifted. The AMLC has three working

days to resolve the freeze order case

from receipt of the purported owner/s

explanation. If the AMLC fails to act

within three working days from the

receipt of the said purported owners

explanation, the freeze order shallautomatically be dissolved.




cases where checks drawn against a

bank account subject of a freeze order

were issued within fifteen (15) days prior

to the issuance of the freeze order, the

freeze order shall likewise result in the

automatic cancellation and stop

payment thereof. All movements ortransactions, irrespective of the amount

involved, occurring within the same

period shall be reported to the AMLC:

Provided, That deposits or investments

with any banking institutions or non-

bank financial institutions may be

inquired into or examined by the AMLC

without prior court order pursuant to

Republic Act No. 9160, as amended,

when it is first established by the AMLC

that there is probable cause that the

deposits or investments involved are in

any way related to terrorism and otherviolations under this Act: Provided,

further, That any person from a covered

institution knowing that any money,

instrument, or property or its proceeds,

represents, involves, or relates to

terrorism or the furtherance thereof and

fails to report the same as suspicious

transaction to the AMLC shall be

criminally liable pursuant to Section 13

of this Act.




cases where checks drawn against a bank

account subject of a freeze order were

issued within fifteen (15) days prior to the

issuance of the freeze order, the freezeorder shall likewise result in the automatic

cancellation and stop payment thereof. All

movements or transactions, irrespective

of the amount involved, occurring within

the same period shall be reported to the

AMLC.

Provided, that deposits or investments

with any banking institutions or non-bank

financial institutions may be inquired into

or examined without prior court order

pursuant to Republic Act No. 9160, asamended: Provided, further, that any

person of covered institution knowing

that any money, instrument, or property

or its proceeds, represents, involves, or

relates to terrorism or the furtherance

thereof and fails to report the same as

suspicious transactions to the AMLC shall

be criminally liable pursuant to Section 14

of this Act.

Sec. 21. Prosecution of and Jurisdiction

Over Cases Involving Terrorism and

Terrorist Activities. The Regional Trial

Court shall have jurisdiction to try all

offenses punishable under this Act.

Any person may be charged with or

convicted of any offense punishable

under Sections 4, 6, and 7 of this Act

without prejudice to the prosecution of

any act or acts penalized under the

Sec. 18. Prosecution of and Jurisdiction

Over Cases Involving Acts of Terrorism.

The Regional Trial Courts shall have

jurisdiction to try all offenses punishable

under this Act.

Any person may be charged with or

convicted of any offense punishable under

Sections 4, 5, 6 and 7 of this Act without

prejudice to the prosecution of any act or

acts penalized under the Revised Penal

SEC. 49. Prosecution Under This Act Shall

be a Bar to Another Prosecution under the

Revised Penal Code or any Special Penal

Laws.- When a person has been

prosecuted under a provision of this Act,

upon a valid complaint or information or

other formal charge sufficient in form and

substance to sustain a conviction and after

the accused had pleaded to the charge, the

acquittal of the accused or the dismissal of

the case shall be a bar to another


15/16

15

Revised Penal Code or other special

laws: Provided, That such act or acts are

not absorbed in the offense charged.

When there is a variance between the

offense charged in the complaint or

information, and that proved or

established by the evidence, the accusedshall be convicted of the offense proved

included in the charge if the intent to

create or sow a state of danger, panic or

chaos to the general public, group of

persons or particular persons, or

segment thereof, was not proven during

the trial. No person, however, shall be

twice put in jeopardy of punishment for

the same offense.

Code or other special laws provided that

such acts or acts are not absorbed in the

offense charged.

When there is a variance between the

offense charged in the complaint or

information, and that proved or

established by the evidence, the accusedshall be convicted of the offense proved

included in the charge of the intent to

create or sow a state of danger, panic,

fear or chaos to the general public or a

segment thereof was not proven during

the trial. No person, however, shall be

twice out in jeopardy of punishment for

the same offense.

prosecution for any offense or felony which

is necessarily included in the offense

charged under this Act.

None SEC. 50. Damages for Unproven Charge of

Terrorism.- Upon acquittal, any person

who is accused of terrorism shall beentitled to the payment of damages in the

amount of Five hundred thousand pesos

(P500,000.00) for every day that he or she

has been detained or deprived of liberty or

arrested without a warrant as a result of

such an accusation. The amount of

damages shall be automatically charged

against the appropriations of the police

agency or the Anti-Terrorism Council that

brought or sanctioned the filing of the

charges against the accused. It shall also be

released within fifteen (15) days from the

date of the acquittal of the accused. Theaward of damages mentioned above shall

be without prejudice to the right of the

acquitted accused to file criminal or

administrative charges against those

responsible for charging him with the case

of terrorism.

Any officer, employee, personnel, or

person who delays the release or refuses to

release the amounts awarded to the

individual acquitted of the crime of

terrorism as directed in the paragraphimmediately preceding shall suffer the

penalty of six months of imprisonment.

If the deductions are less than the amounts

due to the detained persons, the amount

needed to complete the compensation

shall be taken from the current

appropriations for intelligence, emergency,

social or other funds of the Office of the

President.


16/16

16

In the event that the amount cannot be

covered by the current budget of the police

or law enforcement agency concerned, the

amount shall be automatically included in

the appropriations of the said agency for

the coming year.

Comparison Table HB SB RAfinal Final

Documents