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Comparison Table HB SB RAfinal Final

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    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);

    5. Presidential Decree No.

    532 (Anti-Piracy and Anti-

    Highway Robbery Law of

    1974); and,

    6. Presidential Decree No.

    1866, as amended

    (Decree Codifying the

    Laws on Illegal and

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    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.

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    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

    furtherance of terrorism;

    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

    furtherance of terrorism;

    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

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    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

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    (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.

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    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

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    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

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    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

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    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.

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    (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

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    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

    Republic Act No. 9160, otherwise known

    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

    organization, association, or group of

    persons; and (3) of a member of such

    judicially declared and outlawed

    organization, association, or group of

    persons, may authorize in writing any

    police or law enforcement officer and the

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    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.

    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 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.

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    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.

    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

    Republic Act No. 9160, otherwise known

    as the Anti-Money Laundering Act of

    2001, as amended by Republic Act No.

    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

    organization, association, or group of

    persons; or (3) to a member of such

    organization, association, or group of

    persons shall be seized, sequestered, and

    frozen in order to prevent their use,

    transfer, or conveyance for purposes that

    are inimical to the safety and security 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.

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    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.

    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 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.

    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 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

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    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.

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    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.