SPL Week 3, October 25, 2020 Page 1 of 36

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and
guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumbmarked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him;
otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human Rights of by any international
non-governmental organization duly accredited by the Office of the President. The person's "immediate
family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of
the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;
 SPL Week 3, October 25, 2020 Page 2 of 36

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave
or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to
inform any person arrested, detained or under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has
been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of
such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not
less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or
in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ

 SPL Week 3, October 25, 2020 Page 3 of 36

REPUBLIC ACT NO. 9372

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

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

SECTION 1. Short Title. — This Act shall henceforth be known as the “Human Security Act of 2007.”

SEC. 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and property from acts of
terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the
welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the
law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties
of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political,
economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without
acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict
management and post-conflict peace-building, addressing the roots of conflict by building state capacity and
promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized
powers of the executive branch of the government. It is to be understood, however that the exercise of the
constitutionally recognized powers of the executive department of the government shall not prejudice respect for
human rights which shall be absolute and protected at all times.

SEC. 3. Terrorism. — Any person who commits an act punishable under any of the following provisions of the
Revised Penal Code:

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

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d’Etat), including acts committed by private persons;

d. Article 248 (Murder);

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

f. Article 324 (Crimes Involving Destruction), or under

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

(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

(3) Republic Act No. 5207, (Atomic 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,
 SPL Week 3, October 25, 2020 Page 4 of 36

(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. — Persons who conspire to commit the crime of terrorism shall suffer the
penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to commit the same.

SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17)
years, four months one day to twenty (20) years of imprisonment.

SEC. 6. Accessory. — Any person who, having knowledge of the commission of the crime of terrorism or conspiracy
to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17
and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the
provisions of subparagraph (a).

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. — The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and
the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the
use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking
devices, or with the use of any other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors
and patients, journalists and their sources and confidential business correspondence shall not be authorized.

SEC. 8. Formal Application for Judicial Authorization. — The written order of the authorizing division of the Court of
Appeals to track down, tap, listen to, intercept, and record communications, messages, conversations, discussions,
or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism shall only be granted by the authorizing division of the Court of Appeals upon an ex parte written
application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-
Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under
oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause
to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being committed, or is about to be committed; (b) that there is
probable cause to believe based on personal knowledge of facts or circumstances that evidence, which is essential
 SPL Week 3, October 25, 2020 Page 5 of 36

to the conviction of any charged or suspected person for, or to the solution or prevention of, any such crimes, will
be obtained; and, (c) that there is no other effective means readily available for acquiring such evidence.

SEC. 9. Classification and Contents of the Order of the Court. — The written order granted by the authorizing
division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original application of
the applicant, including his application to extend or renew, if any, and the written authorizations of the Anti-
Terrorism Council shall be deemed and are hereby declared as classified information: Provided, That the person
being surveilled or whose communications, letters, papers, messages, conversations, discussions, spoken or
written words and effects have been monitored, listened to, bugged or recorded by law enforcement authorities
has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if
he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written
order. The written order of the authorizing division of the Court of Appeals shall specify the following: (a) the
identity, such as name and address, if known, of the charged or suspected person whose communications,
messages, conversations, discussions, or spoken or written words are to be tracked down, tapped, listened to,
intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or spoken or written words, the electronic transmission
systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded and their
locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known,
such person shall be subject to continuous surveillance provided there is a reasonable ground to do so; (b) the
identity (name, address, and the police or law enforcement organization) of the police or of the law enforcement
official, including the individual identity (names, addresses, and the police or law enforcement organization) of the
members of his team, judicially authorized to track down, tap, listen to, intercept, and record the communications,
messages, conversations, discussions, or spoken or written words; (c) the offense or offenses committed, or being
committed, or sought to be prevented; and, (d) the length of time within which the authorization shall be used or
carried out.

SEC. 10. Effective Period of Judicial Authorization. — Any authorization granted by the authorizing division of the
Court of Appeals, pursuant to Section 9(d) of this Act, shall only be effective for the length of time specified in the
written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days
from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant
police or law enforcement official.

The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30) days from the expiration of the original period: Provided, That
the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest:
and Provided, further, That the ex parte application for extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant among the members of the team named in the original
written order of the authorizing division of the Court of Appeals shall file the application for extension or
renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section
20 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the
period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor’s Office for any violation of this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify the person subject of the surveillance, interception and recording of the termination of the said
surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person
subject of the surveillance, monitoring, interception and recording as specified above.

SEC. 11. Custody of Intercepted and Recorded Communications. — All tapes, discs, and recordings made pursuant to
the authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries thereof
 SPL Week 3, October 25, 2020 Page 6 of 36

as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after
the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within
forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the
Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team.

In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the one next in
rank to the applicant among the members of the team named in the written order of the authorizing division of the
Court of Appeals shall execute with the members of the team that required affidavit.

It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever.

Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall
suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.

SEC. 12. Contents of Joint Affidavit. — The joint affidavit of the police or of the law enforcement official and the
individual members of his team shall state: (a) the number of tapes, discs, and recordings that have been made, as
well as the number of excerpts and summaries thereof and the number of written notes and memoranda, if any,
made in connection therewith; (b) the dates and times covered by each of such tapes, discs, and recordings; (c) the
number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number
of written notes and memoranda made in connection therewith that have been included in the deposit; and (d) the
date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex
parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the date of any
extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals.

The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any of such
tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any of such excerpts,
summaries, written notes, and memoranda, have been made, or, if made, that all such duplicates and copies are
included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing division of
the Court of Appeals.

It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint affidavit any
item or portion thereof mentioned in this Section.

Any person, police or law enforcement officer who violates any of the acts prescribed in the preceding paragraph
shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 13. Disposition of Deposited Material. — The sealed envelope or sealed package and the contents thereof,
which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared
classified information, and the sealed envelope or sealed package shall not be opened and its contents (including
the tapes, discs, and recordings and all the excerpts and summaries thereof and the notes and memoranda made in
connection therewith) shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by
written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed before the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism
Council to file the application with proper written notice the person whose conversation, communication, message
discussion or spoken or written words have been the subject of surveillance, monitoring, recording and
interception to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.
 SPL Week 3, October 25, 2020 Page 7 of 36

Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons
subject of the surveillance as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.

SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. — The written application with notice to
the party concerned to open the deposited sealed envelope or sealed package shall clearly state the purpose or
reason: (a) for opening the sealed envelope or sealed package; (b) for revealing or disclosing its classified contents;
(c) for replaying, divulging, and or reading any of the listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words (including any of the excerpts and summaries
thereof and any of the notes or memoranda made in connection therewith); and, (d) for using any of said listened
to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection
therewith) as evidence.

Any person, law enforcement official or judicial authority who violates his duty to notify as defined above shall
suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 15. Evidentiary Value of Deposited Materials. — Any listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words, or any part or parts thereof, or any information
or fact contained therein, including their existence, content, substance, purport, effect, or meaning, which have
been secured in violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry,
proceeding, or hearing.

SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. — Any police or law enforcement
personnel who, not being authorized to do so by the authorizing division of the Court of Appeals, tracks down, taps,
listens to, intercepts, and records in whatever manner or form any communication, message, conversation,
discussion, or spoken or written word of a person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.

In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10)
years and one day to twelve (12) years of imprisonment and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon any police or law enforcement personnel who maliciously
obtained an authority from the Court of Appeals to track down, tap, listen to, intercept, and record in whatever
manner or form any communication, message, conversation, discussion, or spoken or written words of a person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism: Provided, That
notwithstanding Section 13 of this Act, the party aggrieved by such authorization shall be allowed access to the
sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said authorization.

SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. — Any organization, association,
or group of persons organized for the purpose of engaging in terrorism, or which, although not organized for that
purpose, actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread
and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful
demand shall, upon application of the Department of Justice before a competent Regional Trial Court, with due
notice and opportunity to be heard given to the organization, association, or group of persons concerned, be
declared as a terrorist and outlawed organization, association, or group of persons by the said Regional Trial Court.

SEC. 18. Period of Detention Without Judicial Warrant of Arrest. — The provisions of Article 125 of the Revised
Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected
 SPL Week 3, October 25, 2020 Page 8 of 36

person to the proper judicial authority within a period of three days counted from the moment the said charged or
suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law
enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under
Section 27 of this Act.

The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of
terrorism, present him or her before any judge at the latter’s residence or office nearest the place where the arrest
took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the
identity of the police or law enforcement personnel and the person or persons they have arrested and presented
before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning
and personal observation whether or not the suspect has been subjected to any physical, moral or psychological
torture by whom and why. The judge shall then submit a written report of what he/she had observed when the
subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested.
The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought
to his/her residence or office.

Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the
place of apprehension or arrest: Provided, That where the arrest is made during Saturdays, Sundays, holidays or
after office hours, the written notice shall be served at the residence of the judge nearest the place where the
accused was arrested.

The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police
or law enforcement personnel who fails to notify and judge as provided in the preceding paragraph.

SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. — In the event of an actual or
imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional
trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is
made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel
shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the
place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the
police or law enforcement personnel concerned within five days after the date of the detention of the persons
concerned: Provided, however, That within three days after the detention the suspects, whose connection with the
terror attack or threat is not established, shall be released immediately.

SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. — The penalty of
ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the period of three days.

SEC. 21. Rights of a Person under Custodial Detention. — The moment a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he
shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law
enforcement officers to whose custody the person concerned is brought, of his or her right: (a) to be informed of
the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of
his choice. If the person cannot afford the services of counsel of his or her choice, the police or law enforcement
officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines
(IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO
thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. These
rights cannot be waived except in writing and in the presence of the counsel of choice; (b) informed of the cause or
causes of his detention in the presence of his legal counsel; (c) allowed to communicate freely with his legal
 SPL Week 3, October 25, 2020 Page 9 of 36

counsel and to confer with them at any time without restriction; (d) allowed to communicate freely and privately
without restrictions with the members of his family or with his nearest relatives and to be visited by them; and, (e)
allowed freely to avail of the service of a physician or physicians of choice.

SEC. 22. Penalty for Violation of the Rights of a Detainee. — Any police or law enforcement personnel, or any
personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty
of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

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

SEC. 23. Requirement for an Official Custodial Logbook and its Contents. — The police or other law enforcement
custodial unit in whose care and control the person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism has been placed under custodial arrest and detention shall keep a
securely and orderly maintained official logbook, which is hereby declared as a public document and opened to and
made available for the inspection and scrutiny of the lawyer or lawyers of the person under custody or any
member of his or her family or relative by consanguinity or affinity within the fourth civil degree or his or her
physician at any time of the day or night without any form of restriction. The logbook shall contain a clear and
concise record of: (a) the name, description, and address of the detained person; (b) the date and exact time of his
initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians who
examined him physically and medically; (d) the state of his health and physical condition at the time of his initial
admission for custodial detention; (e) the date and time of each removal of the detained person from his cell for
interrogation or for any purpose; (f) the date and time of his return to his cell; (g) the name and address of the
physician or physicians who physically and medically examined him after each interrogation; (h) a summary of the
physical and medical findings on the detained person after each of such interrogation; (i) the names and addresses
of his family members and nearest relatives, if any and if available; (j) the names and addresses of persons who
visit the detained person; (k) the date and time of each of such visits; (1) the date and time of each request of the
detained person to communicate and confer with his legal counsel or counsels; (m) the date and time of each visit,
and date and time of each departure of his legal counsel or counsels; and, (n) all other important events bearing on
and all relevant details regarding the treatment of the detained person while under custodial arrest and detention.

The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer or lawyers or
members of the family or relatives within the fourth civil degree of consanguinity or affinity of the person under
custody or his or her physician issue a certified true copy of the entries of the logbook relative to the concerned
detained person without delay or restriction or requiring any fees whatsoever including documentary stamp tax,
notarial fees, and the like. This certified true copy may be attested by the person who has custody of the logbook or
who allowed the party concerned to scrutinize it at the time the demand for the certified true copy is made.

The police or other law enforcement custodial unit who fails to comply with the preceding paragraph to keep an
official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 24. No Torture or Coercion in Investigation and Interrogation. — No threat, intimidation, or coercion, and no
act which will inflict any form of physical pain or torment, or mental, moral, or psychological pressure, on the
detained person, which shall vitiate his free-will, shall be employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation, or coercion, or from such inflicted physical pain or
torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not admissible and usable
as evidence in any judicial, quasi-judicial, legislative, or administrative, investigation, inquiry, proceeding, or
hearing.

SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and Interrogation of a Detained
Person. — Any person or persons who use threat, intimidation, or coercion, or who inflict physical pain or torment,
 SPL Week 3, October 25, 2020 Page 10 of 36

or mental, moral, or psychological pressure, which shall vitiate the free-will of a charged or suspected person
under investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to twenty (20) years of
imprisonment.

When death or serious permanent disability of said detained person occurs as a consequence of the use of such
threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment, or as
a consequence of the infliction on him of such mental, moral, or psychological pressure, the penalty shall be twelve
(12) years and one day to twenty (20) years of imprisonment.

SEC. 26. Restriction on Travel. — In cases where evidence of guilt is not strong, and the person charged with the
crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where
he resides or where the case is pending, in the interest of national security and public safety, consistent with
Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the
court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided
under the Rules of Court.

He/she may also be placed under house arrest by order of the court at his or her usual place of residence.

While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other
means of communications with people outside the residence until otherwise ordered by the court.

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the
case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.

SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. — The provisions of
Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated
as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a
hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of
persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of
persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly
authorized in writing by the 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, trust accounts, assets, and records from a
bank or financial institution. The bank or financial institution concerned shall not refuse to allow such examination
or to provide the desired information, when so ordered by and served with the written order of the Court of
Appeals.

SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. — The written order of the Court of Appeals
authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially
declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such
organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant
information about the same from said bank or financial institution, shall only be granted by the authorizing
division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement
official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council
created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of
the applicant and the witnesses he may produce to establish the facts that will justify the need and urgency of
examining and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the person
charged with or 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; or (3) of any member of such organization,
association, or group of persons.
 SPL Week 3, October 25, 2020 Page 11 of 36

SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank Deposits, Accounts, and
Records. — The written order granted by the authorizing division of the Court of Appeals as well as its order, if any,
to extend or renew the same, the original ex parte application of the applicant, including his ex parte application to
extend or renew, if any, and the written authorizations of the Anti-Terrorism Council, shall be deemed and are
hereby declared as classified information: Provided, That the person whose bank deposits, placements, trust
accounts, assets, and records have been examined, frozen, sequestered and seized by law enforcement authorities
has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if
he or she intends to do so, the legality of the interference. The written order of the authorizing division of the Court
of Appeals designated to handle cases involving terrorism shall specify: (a) the identify of the said: (1) person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) judicially declared and
outlawed terrorist organization, association, or group of persons; and (3) member of such judicially declared and
outlawed organization, association, or group of persons, as the case may be, whose deposits, placements, trust
accounts, assets, and records are to be examined or the information to be gathered; (b) the identity of the bank or
financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained;
(c) the identity of the persons who will conduct the said examination and the gathering of the desired information;
and, (d) the length of time the authorization shall be carried out.

SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits, Accounts, and
Records. — The authorization issued or granted by the authorizing division of the Court of Appeals to examine or
cause the examination of and to freeze bank deposits, placements, trust accounts, assets, and records, or to gather
information about the same, shall be effective for the length of time specified in the written order of the
authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of
receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law
enforcement official.

The authorizing division of the Court of Appeals may extend or renew the said authorization for another period,
which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original
period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is
in the public interest: and, Provided, further, That the application for extension or renewal, which must be filed by
the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant among the members of the ream named in the original
written order of the authorizing division of the Court of Appeals shall file the application for extension or
renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section
19 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the
period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor’s Office for any violation of this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify in writing the person subject of the bank examination and freezing of bank deposits,
placements, trust accounts, assets and records. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing
the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and
records.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits, Placements, Trust Accounts,
Assets and Records. — All information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and
other documents obtained from the examination of the bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a
 SPL Week 3, October 25, 2020 Page 12 of 36

member of any such organization, association, or group of persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within
forty-eight (48) hours after the expiration of the extension or renewal granted by the authorizing division of the
Court of Appeals, be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law
enforcement official and the persons who actually conducted the examination of said bank deposits, placements,
trust accounts, assets and records.

SEC. 32. Contents of Joint Affidavit. — The joint affidavit shall state: (a) the identifying marks, numbers, or symbols
of the deposits, placements, trust accounts, assets, and records examined; (b) the identity and address of the bank
or financial institution where such deposits, placements, trust accounts, assets, and records are held and
maintained; (c) the number of bank deposits, placements, trust accounts, assets, and records discovered, examined,
and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records examined
and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of
Appeals; (f) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to
file the ex parte application to conduct the examination of the said bank deposits, placements, trust accounts, assets
and records, as well as the date of any extension or renewal of the original written authorization granted by the
authorizing division of the Court of Appeals; and (g) that the items enumerated were all that were found in the
bank or financial institution examined at the time of the completion of the examination.

The joint affidavit shall also certify under oath that no duplicates or copies of the information, data, excerpts,
summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records have been made, or, if made, that all such duplicates and
copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of
Appeals.

It shall be unlawful for any person, police officer or custodian of the bank data and information obtained after
examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever.

Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above
shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.

SEC. 33. Disposition of Bank Materials. — The sealed envelope or sealed package and the contents thereof, which
are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared
classified information and the sealed envelope or sealed package shall not be opened and its contents shall not be
divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division of the
Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice
filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of
Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in
writing to the party concerned not later than three days before the scheduled opening, to open, reveal, divulge, and
use the contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 34. Application to Open Deposited Bank Materials. — The written application, with notice in writing to the
party concerned not later than three days of the scheduled opening, to open the sealed envelope or sealed package
shall clearly state the purpose and reason: (a) for opening the sealed envelope or sealed package; (b) for revealing
and disclosing its classified contents; and, (c) for using the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence.
 SPL Week 3, October 25, 2020 Page 13 of 36

SEC. 35. Evidentiary Value of Deposited Bank Materials. — Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements,
trust accounts, assets and records of: (1) a person charged or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism: (2) a judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of persons, which have been secured in
violation of the provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. — Any person,
police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a
bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of persons, without being authorized to do
so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.

In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10)
years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement
personnel, who maliciously obtained an authority from the Court of Appeals to examine the deposits, placements,
trust accounts, assets, or records in a bank or financial institution of: (1) a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a member of such organization, association, or group of
persons: Provided, That notwithstanding Section 33 of this Act, the party aggrieved by such authorization shall
upon motion duly filed be allowed access to the sealed envelope or sealed package and the contents thereof as
evidence for the prosecution of any police or law enforcement personnel who maliciously procured said
authorization.

SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. — An employee, official, or a
member of the board of directors of a bank or financial institution, who refuses to allow the examination of the
deposits, placements, trust accounts, assets, and records of: (1) a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed organization,
association, or group of persons; or (3) a member of such judicially declared and outlawed organization,
association, or group of persons in said bank or financial institution, when duly served with the written order of
the authorizing division of the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.

SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. — Any
false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer individually the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 39. Seizure and Sequestration. — The deposits and their outstanding balances, placements, trust accounts,
assets, and records in any bank or financial institution, moneys, businesses, transportation and communication
equipment, supplies and other implements, and property of whatever kind and nature belonging: (1) to any person
suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group of
persons; or (3) to a member of such organization, association, or group of persons shall be seized, sequestered, and
frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.

The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly
needs of his family including the services of his or her counsel and his or her family’s medical needs upon approval
of the court. He or she may also use any of his property that is under seizure or sequestration or frozen because of
his/her indictment as a terrorist upon permission of the court for any legitimate reason.
 SPL Week 3, October 25, 2020 Page 14 of 36

Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow the
person accused of the crime of terrorism or of the crime of conspiracy to commit terrorism to withdraw such sums
from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for the
regular sustenance of his/her family or to use any of his/her property that has been seized, sequestered or frozen
for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.

SEC. 40. Nature of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. —
The seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records belonging to a
person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as
property held in trust by the bank or financial institution for such person and the government during the pendency
of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of
the said crimes, as the case may be and their use or disposition while the case is pending shall be subject to the
approval of the court before which the case or cases are pending.

SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and
Record. — If the person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism is
found, after his investigation, to be innocent by the investigating body, or is acquitted, after his arraignment or his
case is dismissed before his arraignment by a competent court, the seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating body
or by the competent court, as the case may be, and his bank deposits, placements, trust accounts, assets and
records shall be deemed released from such seizure, sequestration and freezing, and shall be restored to him
without any delay by the bank or financial institution concerned without any further action on his part. The filing
of any appeal on motion for reconsideration shall not state the release of said funds from seizure, sequestration
and freezing.

If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized, sequestered and frozen bank deposits, placements, trust accounts,
assets and records shall be automatically forfeited in favor of the government.

Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five hundred thousand
pesos (P500,000.00) a day for the period in which his properties, assets or funds were seized shall be paid to him
on the concept of liquidated damages. The amount shall be taken from the appropriations of the police or law
enforcement agency that caused the filing of the enumerated charges against him/her.

SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records. — Any person who unjustifiably refuses to restore or
delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and
records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after
such suspected person has been found innocent by the investigating body or after the case against such charged
person has been dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.

SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. — Any person who is responsible for the loss, misuse, diversion, or
dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 44. Infidelity in the Custody of Detained Persons. — Any public officer who has direct custody of a detained
person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence
causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been
convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12)
 SPL Week 3, October 25, 2020 Page 15 of 36

years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a
competent court.

SEC. 45. Immunity and Protection of Government Witnesses. — The provisions of Republic Act No. 6981 (Witness
Protection, Security and Benefits Act) to the contrary notwithstanding, the immunity of government witnesses
testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided,
however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No. 6981.

SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. — The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form
any classified information under this Act.

SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. — The penalty of twelve
(12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly
furnishes false testimony, forged document or spurious evidence in any investigation or hearing under this Act.

SEC. 48. Continuous Trial. — In cases of terrorism or conspiracy to commit terrorism, the judge shall set the
continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy
trial.

SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any
Special Penal Laws. — When a person has been prosecuted under a provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form and substance to sustain a conviction and after the accused
had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another
prosecution for any offense or felony which is necessarily included in the offense charged under this Act.

SEC. 50. Damages for Unproven Charge of Terrorism. — Upon acquittal, any person who is accused of terrorism
shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every
day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an
accusation. The amount of damages shall be automatically charged against the appropriations of the police agency
or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also
be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned
above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges
against those responsible for charging him with the case of terrorism.

Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to
the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer
the penalty of six months of imprisonment.

If the deductions are less than the amounts due to the detained persons, the amount needed to complete the
compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of
the Office of the President.

In the event that the amount cannot be covered by the current budget of the police or law enforcement agency
concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.

SEC. 51. Duty to Record and Report the Name and Address of the Informant. — The police or law enforcement
officers to whom the name or a suspect in the crime of terrorism was first revealed shall record the real name and
the specific address of the informant.

The police or law enforcement officials concerned shall report the informant’s name and address to their superior
officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within
five days after the suspect was placed under arrest or his properties were sequestered, seized or frozen.
 SPL Week 3, October 25, 2020 Page 16 of 36

The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed
until after the proceedings against the suspect shall have been terminated.

SEC. 52. Applicability of the Revised Penal Code. — The provisions of Book I of the Revised Penal Code shall be
applicable to this Act.

SEC. 53. Anti-Terrorism Council. — An Anti-Terrorism Council, hereinafter referred to, for brevity, as the “Council,”
is hereby created. The members of the Council are: (1) the Executive Secretary, who shall be its Chairperson; (2)
the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the
Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance;
and (7) the National Security Advisor, as its other members.

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

The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the
powers, duties, and functions of the National Intelligence Coordinating Agency as Secretariat of the Council. The
National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of
the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational
Crime, and the Philippine National Police intelligence and investigative elements shall serve as support agencies
for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people
from acts of terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any
judicial or quasi-judicial power or authority.

SEC. 54. Functions of the Council. — In pursuit of its mandate in the previous Section, the Council shall have the
following functions with due regard for the rights of the people as mandated by the Constitution and pertinent
laws.

1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the
country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire
nation against terrorism prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of their
cases;

4. Establish and maintain comprehensive data-base information system on terrorism, terrorist activities, and
counter-terrorism operations;

5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a person
suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant to Republic Act
No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended;

6. Grant monetary rewards and other incentives to informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and conviction of person or persons who are liable for the crime of
terrorism or conspiracy to commit terrorism;
 SPL Week 3, October 25, 2020 Page 17 of 36

7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle
against international terrorism; and

8. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial Courts in
Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terrorism
or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice shall assign a
team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b) from
the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.

SEC. 55. Role of the Commission on Human Rights. — The Commission on Human Rights shall give the highest
priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the
implementation of this Act; and for this purpose, the Commission shall have the concurrent jurisdiction to
prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of
persons suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.

SEC. 56. Creation of a Grievance Committee. — There is hereby created a Grievance Committee composed of the
Ombudsman, as chair, and the Solicitor General, and an undersecretary from the Department of Justice (DOJ), as
members, to receive and evaluate complaints against the actuations of the police and law enforcement officials in
the implementation of this Act. The Committee shall hold office in Manila.

The Committee shall have three subcommittees that will be respectively headed by the Deputy, Ombudsmen in
Luzon, the Visayas and Mindanao. The subcommittees shall respectively hold office at the Offices of Deputy
Ombudsman. Three Assistant Solicitors General designated by the Solicitor General, and the regional prosecutors
of the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. The three
subcommittees shall assist the Grievance Committee in receiving, investigating and evaluating complaints against
the police and other law enforcement officers in the implementation of this Act. If the evidence warrants it, they
may file the appropriate cases against the erring police and law enforcement officers. Unless seasonably disowned
or denounced by the complainants, decisions or judgments in the said cases shall preclude the filing of other cases
based on the same cause or causes of action as those that were filed with the Grievance Committee or its branches.

SEC. 57. Ban on Extraordinary Rendition. — No person suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related
police investigations or judicial trials in the said country and unless his or her human rights, including the right
against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly
and approved by the Department of Justice.

SEC. 58. Extra-Territorial Application of this Act. — Subject to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this
Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the
terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who,
although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the
crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons
who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5)
to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes directly against the Philippine government.

SEC. 59. Joint Oversight Committee. — There is hereby created a Joint Oversight Committee to oversee the
implementation of this Act.
 SPL Week 3, October 25, 2020 Page 18 of 36

The Oversight Committee shall be composed of five members each from the Senate and the House in addition to
the Chairs of the Committees of Public Order of both Houses who shall also Chair the Oversight Committee in the
order specified herein. The membership of the Committee for every House shall at least have two opposition or
minority members. The Joint Oversight Committee shall have its own independent counsel.

The Chair of the Committee shall rotate every six months with the Senate chairing it for the first six months and the
House for the next six months. In every case, the ranking opposition or minority member of the Committee shall be
the Vice Chair.

Upon the expiration of one year after this Act is approved by the President, the Committee shall review the Act
particularly the provisions that authorize the surveillance of suspects of or persons charged with the crime of
terrorism. To that end, the Committee shall summon the police and law enforcement officers and the members of
the Anti-Terrorism Council and require them to answer questions from the members of Congress and to submit a
written report of the acts they have done in the implementation of the law including the manner in which the
persons suspected of or charged with the crime of terrorism have been dealt with in their custody and from the
date when the movements of the latter were subjected to surveillance and his or her correspondences, messages,
conversations and the like were listened to or subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall render a semi-annual report to both Houses
of Congress. The report may include where necessary a recommendation to reassess the effects of globalization on
terrorist activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal the Act in
its entirety.

The courts dealing with anti-terrorism cases shall submit to Congress and the President a report every six months
of the status of anti-terrorism cases that have been filed with them starting from the date this Act is implemented.

SEC. 60. Separability Clause. — If for any reason any part or provision of this Act is declared unconstitutional or
invalid, the other parts or provisions hereof which are not affected thereby shall remain and continue to be in full
force and effect.

SEC. 61. Repealing Clause. — All laws, decrees, executive orders, rules or regulations or parts thereof, inconsistent
with the provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 62. Special Effectivity Clause. — After the bill shall have been signed into law by the President, the Act shall be
published in three newspapers of national circulation; three newspapers of local circulation, one each in Ilocos
Norte, Baguio City and Pampanga; three newspapers of local circulation, one each in Cebu, Iloilo and Tacloban; and
three newspapers of local circulation, one each in Cagayan de Oro, Davao and General Santos city.

The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over three national television and radio networks; three radio
and television networks, one each in Cebu, Tacloban and Iloilo; and in five radio and television networks, one each
in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the
newspapers of local circulation and the announcements over local radio and television networks shall be done in
the dominant language of the community.

After the publication required above shall have been done, the Act shall take effect two months after the elections
are held in May 2007.

Thereafter, the provisions of this Act shall be automatically suspended one month before and two months after the
holding of any election.

Approved, March 6, 2007

 SPL Week 3, October 25, 2020 Page 19 of 36

REPUBLIC ACT NO. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT
AND PRESCRIBING PENALTIES THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Anti-Torture Act of 2009”.

SEC. 2. Statement of Policy. — It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected at all
times; and that no person placed under investigation or held in custody of any person in authority or, agent of a
person in authority shall be subjected to physical, psychological or mental harm, force, violence, threat or
intimidation or any act that impairs his/her free will or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as
provided for in the 1987 Philippine Constitution; various international instruments to which the Philippines is a
State party such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT); and all other relevant international human rights instruments to which the Philippines is a
signatory.

SEC. 3. Definitions. — For purposes of this Act, the following terms shall mean:

(a) “Torture” refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.

(b) “Other cruel, inhuman and degrading treatment or punishment” refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of
a person in authority against a person under his/her custody, which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.

(c) “Victim” refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or other
cruel, inhuman and degrading treatment or punishment.

(d) “Order of Battle” refers to any document or determination made by the military, police or any law enforcement
agency of the government, listing the names of persons and organizations that it perceives to be enemies of the
State and that it considers as legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law.
 SPL Week 3, October 25, 2020 Page 20 of 36

SEC. 4. Acts of Torture. — For purposes of this Act, torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances
not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical
substances on mucous membranes, or acids or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the
brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical
torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory, alertness or will of a person, such as:

(i) The administration of drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) “Mental/Psychological Torture” refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person’s dignity and morale, such
as:

(1) Blindfolding;

(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

 SPL Week 3, October 25, 2020 Page 21 of 36

(4) Prolonged interrogation;

(5) Preparing a prisoner for a “show trial”, public display or public humiliation of a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that
he/she shall be summarily executed;

(7) Maltreating a member/s of a person’s family;

(8) Causing the torture sessions to be witnessed by the person’s family, relatives or any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim’s
head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and

(12) Other analogous acts of mental/psychological torture.

SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. — Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in
custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of
the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of
health of the victim.

SEC. 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, an Absolute Right.
— Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all
circumstances. A state of war or a threat of war, internal political instability, or any other public emergency, or a
document or any determination comprising an “order of battle” shall not and can never be invoked as a
justification for torture and other cruel, inhuman and degrading treatment or punishment.

SEC. 7. Prohibited Detention. — Secret detention places, solitary confinement, incommunicado or other similar
forms of detention, where torture may be carried out with impunity, are hereby prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This
list shall be made available to the public at all times, with a copy of the complete list available at the respective
national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP
and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office
of the PNP, AFP and other law enforcement agencies shall also maintain a similar list for all detainees and
detention facilities within their respective areas, and shall make the same available to the public at all times at
their respective regional headquarters, and submit a copy, updated in the same manner provided above, to the
respective regional offices of the CHR.

SEC. 8. Applicability of the Exclusionary Rule; Exception. — Any confession, admission or statement obtained as a
result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against
a person or persons accused of committing torture.
 SPL Week 3, October 25, 2020 Page 22 of 36

SEC. 9. Institutional Protection of Torture Victims and Other Persons Involved. — A victim of torture shall have the
following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as
the Department of Justice (DOJ), the Public Attorney’s Office (PAO), the PNP, the National Bureau of Investigation
(NBI) and the AFP. A prompt investigation shall mean a maximum period of sixty (60) working days from the time
a complaint for torture is filed within which an investigation report and/or resolution shall be completed and
made available. An appeal whenever available shall be resolved within the same period prescribed herein;

(b) To have sufficient government protection against all forms of harassment, threat and/or intimidation as a
consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the State
through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but not limited to, his/her lawyer, witnesses and relatives;
and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora
in order to avoid further trauma.

SEC. 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with a Judicial
Order. — A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on behalf of the
victim of torture or other cruel, degrading and inhuman treatment or punishment shall be disposed of
expeditiously and any order of release by virtue thereof, or other appropriate order of a court relative thereto,
shall be executed or complied with immediately.

SEC. 11. Assistance in Filing a Complaint. — The CHR and the PAO shall render legal assistance in the investigation
and monitoring and/or filing of the complaint for a person who suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BHRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

SEC. 12. Right to Physical, Medical and Psychological Examination. — Before and after interrogation, every person
arrested, detained or under custodial investigation shall have the right to be informed of his/her right to demand
physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford
the services of his/her own doctor, he/she shall be provided by the State with a competent and independent doctor
to conduct physical examination. The State shall endeavor to provide the victim with psychological evaluation if
available under the circumstances. If the person arrested is a female, she shall be attended to preferably by a
female doctor. Furthermore, any person arrested, detained or under custodial investigation, including his/her
immediate family, shall have the right to immediate access to proper and adequate medical treatment.

The physical examination and/or psychological evaluation of the victim shall be contained in a medical report, duly
signed by the attending physician, which shall include in detail his/her medical history and findings, and which
shall be attached to the custodial investigation report. Such report shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for physical, psychological and mental
examination, and/or medical treatment;
 SPL Week 3, October 25, 2020 Page 23 of 36

(d) The nature and probable cause of the patient or victim’s injury, pain and disease and/or trauma;

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision may knowingly and voluntarily waive
such rights in writing, executed in the presence and assistance of his/her counsel.

SEC. 13. Who are Criminally Liable. — Any person who actually participated or induced another in the commission
of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of
the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous
acts shall be liable as principal.

Any superior military, police or law enforcement officer or senior government official who issued an order to any
lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the
PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her
that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts
of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed,
or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such
knowledge, did not take preventive or corrective action either before, during or immediately after its commission,
when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel,
inhuman and degrading treatment or punishment is being committed and without having participated therein,
either as principal or accomplice, takes part subsequent to its commission in any of the following manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other
cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or
destroying the effects or instruments thereof in order to prevent its discovery; or

(c) By harboring, concealing or assisting in the escape of the principals in the act of torture or other cruel, inhuman
and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official’s
public functions.

SEC. 14. Penalties. — (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following
acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

 SPL Week 3, October 25, 2020 Page 24 of 36

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane,
imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological
torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the
victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in
psychological, mental and emotional harm other than those described in paragraph (b) of this section.

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of
torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost an eye, a
hand, a foot, an arm or a leg; or shall have lost the use of any such member; or shall have become permanently
incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of
torture, the victim shall have become deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or incapacitated for labor for a period of more
than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for more than thirty
(30) days but not more than ninety (90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment or
punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret
detention places and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of
prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officer/s or personnel of the AFP, the PNP
and other law enforcement agencies for failure to perform his/her duty to maintain, submit or make available to
the public an updated list of detention centers and facilities with the corresponding data on the prisoners or
detainees incarcerated or detained therein, pursuant to Section 7 of this Act.

SEC. 15. Torture as a Separate and Independent Crime. — Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission
thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be
imposable without prejudice to any other criminal liability provided for by domestic and international laws.

SEC. 16. Exclusion from the Coverage of Special Amnesty Law. — In order not to depreciate the crime of torture,
persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures
that will have the effect of exempting them from any criminal proceedings and sanctions.
 SPL Week 3, October 25, 2020 Page 25 of 36

SEC. 17. Applicability of Refouler. — No person shall be expelled, returned or extradited to another State where
there are substantial grounds to believe that such person shall be in danger of being subjected to torture. For the
purposes of determining whether such grounds exist, the Secretary of the Department of Foreign Affairs (DFA) and
the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall take into account all relevant
considerations including, where applicable and not limited to, the existence in the requesting State of a consistent
pattern of gross, flagrant or mass violations of human rights.

SEC. 18. Compensation to Victims of Torture. — Any person who has suffered torture shall have the right to claim
for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall compensation be
any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right to claim for
compensation from such other financial relief programs that may be made available to him/her under existing law
and rules and regulations.

SEC. 19. Formulation of a Rehabilitation Program. — Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and such
other concerned government agencies, and human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The DSWD, the DOJ and the DOH shall also call on
human rights nongovernment organizations duly recognized by the government to actively participate in the
formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading
punishment shall likewise be formulated by the same agencies.

SEC. 20. Monitoring of Compliance with this Act. — An Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CHR, with the
following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the respective
Chairpersons of the House of Representatives’ Committees on Justice and Human Rights, and the Minority Leaders
of both houses or their respective representatives in the minority.

SEC. 21. Education and Information Campaign. — The CHR, the DOJ, the Department of National Defense (DND), the
Department of the Interior and Local Government (DILG) and such other concerned parties in both the public and
private sectors shall ensure that education and information regarding prohibition against torture and other cruel,
inhuman and degrading treatment or punishment shall be fully included in the training of law enforcement
personnel, civil or military, medical personnel, public officials and other persons who may be involved in the
custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the
integration of human rights education courses in all primary, secondary and tertiary level academic institutions
nationwide.

SEC. 22. Applicability of the Revised Penal Code. — The provisions of the Revised Penal Code insofar as they are
applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code
is attended by any of the acts constituting torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed shall be in its maximum period.

SEC. 23. Appropriations. — The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to the CHR
for the initial implementation of this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 24. Implementing Rules and Regulations. — The DOJ and the CHR, with the active participation of human rights
nongovernmental organizations, shall promulgate the rules and regulations for the effective implementation of this
Act. They shall also ensure the full dissemination of such rules and regulations to all officers and members of
various law enforcement agencies.
 SPL Week 3, October 25, 2020 Page 26 of 36

SEC. 25. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.

SEC. 26. Repealing Clause. — All laws, decrees, executive orders or rules and regulations contrary to or inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at
least two (2) newspapers of general circulation.

Approved, November 10, 2009

(Sgd.) PROSPERO C. NOGRALES

(Sgd.) JUAN PONCE ENRILE
Speaker of the House
President of the Senate
of Representatives

This Act which is a consolidation of House Bill No. 5709 and Senate Bill No. 1978 was finally passed by the House of
Representatives and the Senate on September 2, 2009.

(Sgd.) MARILYN B. BARUA-YAP

(Sgd.) EMMA LIRIO REYES
Secretary General
Secretary of the Senate
House of Representatives

Approved: November 10, 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines
 SPL Week 3, October 25, 2020 Page 27 of 36

Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

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

Section 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 2003”.

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human person and
guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the people from
any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined
in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the
Child, United Nations Convention on the Protection of Migrant Workers and their Families. United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human
rights instruments and other international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. – As used in this Act:

(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of
the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also
be considered as “trafficking in persons” even if it does not involve any of the means set forth in the preceding
paragraph.

(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to
fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of
a physical or mental disability or condition.

(c) Prostitution – refers to any act, transaction, scheme or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception.

(e) Sex Tourism – refers to a program organized by travel and tourism-related establishments and individuals
which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for
 SPL Week 3, October 25, 2020 Page 28 of 36

tourists. This includes sexual services and practices offered during rest and recreation periods for members of the
military.

(f) Sexual Exploitation – refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim’s vulnerability.

(g) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a person
under his/her control as security or payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.

(h) Pornography – refers to any representation, through publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a person for primarily sexual purposes.

(i) Council – shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or
debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of
utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate trafficking in
persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of
promoting trafficking in persons;
 SPL Week 3, October 25, 2020 Page 29 of 36

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking
in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances
and necessary exit documents from government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-Country Adoption
Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).

Section 6. Confidentiality. – At any stage of the investigation, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case,
shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a
 SPL Week 3, October 25, 2020 Page 30 of 36

closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of
the accused, or any other information tending to establish their identities and such circumstances or information
shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons.

Section 8. Prosecution of Cases. – Any person who has personal knowledge of the commission of any offense under
this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.

Section 9. Venue. – A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction
to the exclusion of other courts.

Section 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the offenses
enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than
Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and
a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty
shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in
the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof
shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and
regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed from the service and be barred
permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and
 SPL Week 3, October 25, 2020 Page 31 of 36

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. – Any person who buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:

(a) First offense – six (6) months of community service as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00); and

(b) Second and subsequent offenses – imprisonment of one (1) year and a fine of One hundred thousand pesos
(P100,000.00).

Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without the accused being convicted or acquitted
or are unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. – When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. – In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they
are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties
are insufficient, the balance shall be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.

Section 15. Trust Fund. – All fines imposed under this Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the
Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to, the
following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a data collection system for
monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and non-
government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the
academe, government, NGOs and international organizations; and
 SPL Week 3, October 25, 2020 Page 32 of 36

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. – The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies
are hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) – shall make available its resources and facilities overseas for trafficked
persons regardless of their manner of entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with government agencies in the country
and overseas, particularly in the formulation of policies and implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable Passports to
protect the integrity of Philippine passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) – shall implement rehabilitative and protective
programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing centers and programs for intervention
in various levels of the community.

(c) Department of Labor and Employment (DOLE) – shall ensure the strict implementation and compliance with
the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and labor recruiters.

(d) Department of Justice (DOJ) – shall ensure the prosecution of persons accused of trafficking and designate and
train special prosecutors who shall handle and prosecute cases of trafficking. It shall also establish a mechanism
for free legal assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of the Philippines
(IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) – shall actively participate and coordinate in the
formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant
government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for women’s issues.

(f) Bureau of Immigration (BI) – shall strictly administer and enforce immigration and alien administration laws. It
shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and
shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) – shall be the primary law enforcement agency to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate
with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons and
conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) – shall implement an effective pre-employment
orientation seminars and pre-departure counseling programs to applicants for overseas employment. It shall
likewise formulate a system of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) – shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
 SPL Week 3, October 25, 2020 Page 33 of 36

(j) Local government units (LGUs) – shall monitor and document cases of trafficking in persons in their areas of
jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information campaign against trafficking in
persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in
municipalities or provinces in coordination with DILG, Philippine Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support community based
initiatives which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people’s
organizations (Pos), civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be recognized as victims of the act or
acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. – Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program
provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. – Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be
permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. – There is hereby established an Inter-Agency Council Against
Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the
Department of Social Welfare and Development as Co-Chairperson and shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among the
sectors representing women, overseas Filipino workers (OFWs) and children, with a proven record of involvement
in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the
government agency representatives of the Council, for appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a rank not lower than
an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting, rules and regulations.
 SPL Week 3, October 25, 2020 Page 34 of 36

Section 21. Functions of the Council. – The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and
problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the
various issues and problems attendant to trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of
this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical
Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and
other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic Act No. 8042,
otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995” with data on cases of trafficking in
persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme
of trafficking in persons which shall form the basis for policy formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in
persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through
bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and
Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in
the Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked
persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of
this Act.

Section 22. Secretariat to the Council. – The Department of Justice shall establish the necessary Secretariat for the
Council.
 SPL Week 3, October 25, 2020 Page 35 of 36

Section 23. Mandatory Services to Trafficked Persons. – To ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government agencies shall make available the following services to trafficked
persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims’ rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language understood by
the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the trafficked persons shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. –

(a) Legal Assistance. – Trafficked persons shall be considered under the category “Overseas Filipino in Distress”
and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. – The services available to overseas Filipinos as provided for by Republic Act
No. 8042 shall also be extended to trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. – The country team approach under Executive Order No. 74 of 1993, shall be the
operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons
insofar as the promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. – The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether
they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of appropriate residency permits and protection, as
may be legally permissible in the host country.

Section 26. Extradition. – The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.

Section 27. Reporting Requirements. – The Council shall submit to the President of the Philippines and to Congress
an annual report of the policies, programs and activities relative to the implementation of this Act.

Section 28. Funding. – The heads of the departments and agencies concerned shall immediately include in their
programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall
be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. – The Council shall promulgate the necessary implementing rules
and regulations within sixty (60) days from the effectivity of this Act.
 SPL Week 3, October 25, 2020 Page 36 of 36

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. – Nothing in
this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to
travel for purposes not contrary to law as guaranteed by the Constitution.

Section 31. Separability Clause. – If, for any reason, any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be affected thereby.

Section 32. Repealing clause. – All laws, presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided, That
this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”.

Section 33. Effectivity. – This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.

Approved,

(Sgd.) FRANKLIN DRILON (Sgd.) JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the Senate
and the House of Representatives on May 12, 2003 respectively.

(Sgd.) OSCAR G. YABES (Sgd.) ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: May 26, 2003.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines