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NOTE: Copies of the Guide for Law Enforcement Agents and Military Personnel in Implementing the ATA of 2020
and Its IRR and its Annexes are also posted on the ATC website (atc.gov.ph) and the NICA website (nica.gov.ph)
GUIDE FOR LAW ENFORCEMENT AGENTS AND
MILITARY PERSONNEL IN IMPLEMENTING THE
ANTI-TERRORISM ACT OF 2020
AND ITS IMPLEMENTING RULES AND
REGULATIONS
1st Edition 22 February 2021
1st Edition
Guide for Law Enforcement Agents and Military Personnel in Implementing the
ATA of 2020 and Its IRR
Page 2 of 38 pages
TABLE OF CONTENTS
Page No.
Message of ATC Secretariat Head 4
The ATA 2020 and This Guide (Introduction) 5
1. Surveillance 7
Flowchart (Surveillance) 7
A. When Applicable 8
Exceptions to Surveillance 8
B. Procedure in Applying for Surveillance, Interception, and
Recording of Communications
9
B.1 Application for Extension of Surveillance 10
B.2 Submission to the Court of Appeals (CA) 11
C. Flowchart (Application for Order to Compel TSP/ISP) 13
Procedure in Applying for an Order to Compel
Telecommunication Service Providers (TSP) and Internet Service
Providers (ISP) to Produce all Customer Information and Others
14
C.1 Submission to the CA 15
2. Warrantless Arrest 17
Flowchart (Warrantless Arrest) 17
A. When Applicable 18
B. Important Things to Remember in Implementing Warrantless
Arrest
18
C. Guide in Implementing Warrantless Arrest 18
C.1 Extension of Period of Detention 19
1st Edition
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ATA of 2020 and Its IRR
Page 3 of 38 pages
C.2 Responsibilities of the LEA/MP and Head of Detention
Facility
20
3. Official Logbook for Detained Suspected Terrorists 21
A. Contents of the Logbook 21
B. Who May Demand Copies of the Entries of Logbook 22
4. Filing of Charges against Suspected Terrorists 22
A. Terrorism Acts Punishable under the ATA of 2020 22
B. What to Remember in Filing Charges against Suspected Terrorist 29
C. Filing Charges at the Regional Trial Court 30
Applying for Preliminary Hold Departure Order (PHDO) 30
5. Prohibited Acts and Their Penalties 31
6. Frequently Asked Questions 33
7. Table of Annexes 37
1st Edition
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ATA of 2020 and Its IRR
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Office of the President
ANTI-TERRORISM COUNCIL Malacañang, Manila
MESSAGE
The passage of the Anti-Terrorism Act of 2020 (ATA of 2020) demonstrates
the Philippines’ commitment to address the evolving threat of terrorism and boost
the capability of our country to promote domestic and global security. In
implementing the law, definite procedures and proper accountabilities are
primordial in order for our security sector to more effectively and efficiently
undertake counter-terrorism measures.
On this note, I commend the Technical Working Group of the Anti-Terrorism
Council Secretariat for coming up with The Guide for Law Enforcement Agents
and Military Personnel in implementing the ATA of 2020 and its Implementing Rules
and Regulations. This Guide prescribes the procedures and forms for the effective
implementation of certain provisions of the ATA of 2020 by our law enforcers.
I encourage all law enforcement agents and military personnel to use this
Guide as we all endeavor to achieve a peaceful and secured country for our
people, and the generations to come. Again, my congratulations to all those
who contributed to this Guide.
ALEX PAUL I. MONTEAGUDO, PhD, CESE Head,
Anti-Terrorism Council Secretariat
1st Edition
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ATA of 2020 and Its IRR
Page 5 of 38 pages
INTRODUCTION
One of the significant legislations of our time is Republic Act No. 11479,
otherwise known as the Anti-Terrorism Act (ATA) of 2020. It is a crucial step in
addressing violent extremism and terrorism in the country. Recognizing the
dangers posed by terrorism to our people, economy and way of life, the
Philippine government has always sought for more proactive and stronger
measures against terrorist groups and their allies.
While it repeals the weak and underutilized RA 9372 or the Human Security
Act of 2007, the ATA 2020, along with its Implementing Rules and Regulations
(IRR), equips our law enforcers and military personnel with the necessary tools,
both new and enhanced, to protect the people from the threat of terrorism,
especially by providing for more realistic and operational mechanisms to arrest,
prosecute and penalize those who plan, conduct, finance and support terrorist
acts. At the same time, the ATA 2020 provides sufficient safeguards to prevent
abuses of fundamental liberties and basic rights, and adequate remedies in case
of abuses and lapses in complying with these safeguards.
Given the importance of the ATA 2020 and its IRR in the country’s overall
campaign against terrorism, it is imperative that our government security forces
know fully well its provisions and the procedures involved, and how to implement
these effectively and efficiently, while protecting and respecting human rights
and civil liberties.
To empower and assist our government security forces, the Anti-Terrorism
Council Secretariat drafted this Guide for Law Enforcement Agents and Military
Personnel in Implementing the ATA 2020 and Its IRR, which focuses primarily on
the following relevant provisions: the conduct of SURVEILLANCE; WARRANTLESS
ARREST; OFFICIAL LOGBOOK FOR DETAINED SUSPECTED TERRORISTS; the FILING OF
CHARGES AGAINST SUSPECTED TERRORISTS; and PROHIBITED ACTS AND THEIR
PENALTIES. These focus areas were preliminarily identified as the key areas
essential for operational units in conducting counter-terrorism operations.
This Guide contains visualized process flows and template forms that would
help our law enforcers and military personnel, especially our operating units,
understand better the steps and processes they have to undertake in the course
of enforcing and implementing the provisions of the law. The template forms
were designed to ensure that compliance with the safeguards in the ATA 2020 is
observed. Though it is highly recommended that the template forms be adopted
and used by operational units, there is no prohibition for our government security
forces from developing, adopting and using their own template forms as they
may deem fit as long as they are compliant with the ATA 2020, its IRR and other
relevant laws, rules and regulations.
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This Guide remains a work-in-progress and subject to periodic review as
well as amendments and revisions, as may be deemed necessary.
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A. When Applicable
The Law Enforcement Agents (LEAs) or Military Personnel (MP) may conduct
electronic surveillance by secretly wiretapping, overhearing, listening to,
intercepting, screening, reading, surveilling, recording or collecting, with the use
of any mode, form, kind or type of electronic, mechanical or other equipment or
device or technology any private communications, conversations, discussions,
data information, messages in whatever form, kind or nature, spoken or written
words between and among the following:
1. members of a judicially proscribed, declared and outlawed terrorist
organization;
2. members of a designated organization as defined in Section 3 (e) of
Republic Act (RA) 10168 otherwise known as the Terrorism Financing
Prevention and Suppression Act of 20121; or
3. any person charged with or suspected of committing any of the crimes
defined under the ATA of 2020.2
Exceptions to Surveillance/Recording
Communications between the following may not be the subject of
surveillance, interception, and recording:
1. lawyers and clients;
2. doctors of medicine and patients;
3. journalists and their sources; and
4. confidential business correspondence.3
1Section 3 (e) Designated persons refers to:
(1) any person or entity designated and/or identified as a terrorist, one who finances terrorism, or a terrorist
organization or group under the applicable United Nations Security Council Resolution or by another
jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of persons proscribed pursuant to Section 17 of the Human
Security Act of 2007; or
(3) any person, organization, association, or group of persons whose funds or property, based on
probable cause are subject to seizure and sequestration under Section 39 of the Human Security Act of
2007. 2 Section 16 of ATA of 2020 and Rule 5.1 of the IRR 3 Section 16 of ATA of 2020 and Rule 5.3 of the IRR
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B. Procedure in Applying for Surveillance, Interception and Recording of
Communications4:
1. The LEA/MP must secure a certification from his/her office/unit
designating him/her as the authorized person to apply with the
Anti-Terrorism Council (ATC) for the authorization to file for court authority
to conduct surveillance, interception, and recording of
communications.5 (Annex “A”: Surveillance Form 1 – Authority to Apply
for Surveillance Authority)
2. The Agency-designated LEA/MP shall attach the certification
mentioned in Item No.1 to the application for authorization to file court
authority to conduct surveillance, interception, and recording of
communications, and submit them to the ATC, through the Department
of Justice (DOJ) which serves as the deputized representative of the
ATC.6 The LEA/MP shall attach supporting documents to his/her
application. (Annex “B”: Surveillance Form 2 - Request for Authority to File
Application to the ATC for Authority to Apply for Surveillance Authority
from the Court of Appeals)
3. The DOJ shall immediately assess and submit to the ATC the application
from the LEA/MP with its recommendation on whether or not to grant the
applicant the Authority to proceed with applying for Surveillance
Authority from the Court of Appeals. After finding sufficient basis on the
application, the ATC shall issue the written authority to LEA/MP to file with
the Court of Appeals (CA) for an authority to conduct surveillance,
interception, and recording of communications. (Annex “C”:
Surveillance Form 3 – Certificate of Authority to File Application for
Surveillance Authority with the Court of Appeals)
4. The LEA/MP must attach the certificate of authority issued by the ATC to
his/her application with the CA for a court order to conduct surveillance,
interception and recording of communications.7 The LEA/MP shall
attach evidence and other supporting documents in support of his/her
application with the CA. (Annex “D”: Surveillance Form 4 – In Re:
Application for Judicial Authority to Conduct Surveillance)
5. If the CA grants the application for surveillance, the LEA/MP shall
conduct the surveillance within the period specified in the Order of the
court which shall not exceed sixty (60) days.
4 Section 16 of ATA of 2020 and Rule V of the IRR 5 Rule 5.6 of the IRR 6 Rule 5.6 of the IRR 7 Section 18 of ATA and Rule 5.6 of the IRR
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B.1. Application for Extension of Surveillance
1. If the LEA/MP deems it necessary to extend the conduct of surveillance,
he/she shall again secure authority to file for extension of surveillance
from his/her agency/unit. (Annex “E”: Surveillance Form 5 - Authority to
Apply for Extension of Surveillance)
2. The LEA/MP must attach the certificate of authority issued by his/her
unit/agency to his/her application with the ATC for an extension or
renewal of authorization to conduct surveillance which shall not exceed
thirty (30) days. The LEA/MP shall file the said application to the ATC8
through the DOJ before the original period granted by the CA expires.
(Annex “F”: Surveillance Form 6 – Request for Authority to File Application
to Extend Period of Surveillance)
If the original applicant died or 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 court shall file the application for extension or renewal.9
3. The DOJ shall immediately assess and submit to the ATC the application
for extension of period to conduct surveillance from the LEA/MP with its
recommendation on whether or not to grant such application. If the ATC
finds sufficient basis to extend surveillance, it shall approve and issue a
written authorization to the LEA/MP to apply for extension of surveillance
with the CA.10 (Annex “G”: Surveillance Form 7 – ATC Certificate of
Authority to File Application for Extension of Surveillance Authority to the
Court of Appeals)
4. The LEA/MP must attach the certificate of authority to apply for extension
of surveillance issued by the ATC to his/her application with the CA for a
court order to extend the conduct of surveillance, interception and
recording of communications.11 The LEA/MP shall attach evidence and
other supporting documents in support of his/her application with the
CA. (Annex “H”: Surveillance Form 8 – In Re: Application for Judicial
Authority for Extension of Period to Conduct Surveillance)
5. If the CA grants the request for extension, the LEA/MP may extend the
conduct of surveillance within the period specified in the Order of the
court which shall not exceed thirty (30) days.
8 Second paragraph, Section 19 9 Section 19 of the ATA and Rule 5.10 of the IRR 10 Section 19 of the ATA and Rule 5.10 of the IRR 11 Section 19 of the ATA and Rule 5.10 of the IRR
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B.2. Submission to the CA
1. Within 48 hours after the expiration of the period fixed in the written order
or extension or renewal granted for the conduct of surveillance, the
LEA/MP shall deposit all tapes, discs, other storage devices, recordings,
notes, memoranda, summaries, excerpts with all their copies to the CA in
a sealed envelope together with a Joint Affidavit by the LEA/MP and all
members of his/her team. (Annex “I”: Surveillance Form 9 – Joint Affidavit
on Collected Materials from Authorized Surveillance)
If the original applicant died or 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 CA shall execute
the affidavit together with the other members of the team.
2. The LEA/MP shall have thirty (30) calendar days after the termination of
the period granted by the CA within which to file the complaint for any
violation of the ATA at the Prosecutor’s Office.12
3. After the lapse of thirty (30) calendar days, the LEA/MP shall inform the
issuing court of the fact that the appropriate charges have been filed at
the Prosecutor’s Office. If no case has been filed, the LEA/MP shall still
inform the issuing court of the fact that no case has been filed within the
same period, stating the reason for non-filing.13 (Annex “J”: Surveillance
Form 10 – In Re: Notice to Issuing Court of Legal Action Taken Based on
Surveillance)
4. On the part of the Public Prosecutor, if he/she finds sufficient basis that a
case must be filed, the Public Prosecutor shall secure a written
authorization from the ATC to file an application with the CA for authority
to use the deposited materials as evidence.14 (Annex “K”: ATC Certificate
of Authority to File Application to Access the Deposited Sealed
Envelope/Package with the Court of Appeals)
5. The Public Prosecutor shall file the petition before the CA to open and
use the contents of the deposited sealed envelope or sealed package
as evidence. The Public Prosecutor shall likewise inform the person whose
conversation, communication or message have been the subject of
12 Third paragraph, Section 19 of ATA and Rule 5.1 of the IRR 13 Fourth paragraph, Section 19 and Rule 5.12 of the IRR 14 Section 22 of the ATA and Rule 5.19 of the IRR
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surveillance.15 (Annex “L”: Surveillance Form 12 – In Re: Petition to Use
Deposited Materials)
Note: The removal, deletion, destruction, cancellation or shredding of any
tapes, discs, other storage devices recordings, notes, memoranda,
summaries, excerpts and all their copies gathered from the
surveillance shall be penalized by imprisonment of ten (10) years.
15 Section 22 of the ATA and Rule 5.19 of the IRR
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C. Procedure in Applying for an Order to Compel TSP and ISP to Produce all
Customer Information, Among Others
1. The LEA/MP must secure a certification from his/her office/unit
designating him/her as the authorized person to apply with the
ATC for the authorization to file for court authority to compel the
Telecommunication Service Provider (TSP)/Internet Service Provider (ISP)
to produce all relevant customer information, identification records, call
and text data records, and content, and cellular and internet
metadata.16 (Annex “M”: Surveillance Form 13 – Authority to Apply for
Issuance of an Order to Compel TSP/ISP to Produce Customer Records,
etc)
2. The designated LEA/MP shall attach the certification mentioned in
Item 1 hereof to his/her application to the ATC for authorization to file
court authority to compel TSP/ISP to produce all relevant customer
information, records, data, etc.17 The LEA/MP shall attach supporting
documents to his application for authorization and submit such
application to the ATC through the DOJ which serves as the deputized
representative of the ATC. (Use Surveillance Form 2 – Request for Authority
to File Application for Surveillance Authority from the Court of Appeals
attached as Annex “B”)
3. The DOJ shall immediately assess and submit to the ATC the application
from the LEA/MP with its recommendation on whether to grant the
applicant the Authority to proceed with applying for the appropriate
Order to Compel TSP/ISP from the Court of Appeals.
4. After finding sufficient basis on the application, the ATC shall issue the
written authority to LEA/MP to file with the CA for an authority to compel
TSP/ISP to produce all relevant customer information, records, data, etc.
(Annex “N”: Surveillance Form 14 - Certificate of Authority to File
Application to Compel TSP and ISP to Produce Information, Data,
Records, etc)
5. The LEA/MP must attach the certificate of authority issued by the ATC to
his/her application with the CA for a court authority to compel TSP/ISP to
produce all relevant customer information, records, data, etc.18 The
LEA/MP shall attach evidence and other supporting documents in
support of his/her application with the CA. (Annex “O”: - Form 15
16 Sections 16 and 17 of the ATA and Rule 5.6 (a) of the IRR 17 Section 17 of the ATA and Rule 5.6 (a) of the IRR 18 Section 17 (a) of ATA and Rule 5.6 of the IRR
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Surveillance – In Re: Application for Judicial Authority to Compel TSP/ISP
to Produce All Information, Records, Data, etc)
6. The LEA/MP shall immediately furnish the National Telecommunications
Commission (NTC) a copy of the application with the CA for an authority
to compel TSP/ISP to produce all relevant customer information, records,
data, etc. The LEA/MP shall also notify the NTC upon issuance of the
court order for the purpose of ensuring immediate compliance.19
7. If the CA grants the application for a court authority to compel TSP/ISP
to produce such relevant customer information, records, data, etc., the
concerned TSP/ISP shall release within 48 hours from the time it received
the order of the Court, to the authorized LEA/MP all such relevant
customer information, records, data, etc in accordance with such
order.20
C.1. Submission to the CA
1. Within 48 hours after the LEA/MP obtains the relevant customer
information, records, data, etc in accordance with the order of the
Court, the LEA/MP shall deposit all obtained relevant customer
information, records, data, etc including all their copies to the issuing
Court in a sealed envelope together with a Joint Affidavit of the LEA/MP
and the members of his/her team.21 (Annex “P”: Surveillance Form 16 –
Joint Affidavit on Collected Materials from TSP/ISP)
2. The LEA/MP shall have thirty (30) calendar days from receipt of the said
customer information, records, data, etc from the TSP/ISP to file the
appropriate complaint before the Prosecutor’s Office.22 If the LEA/MP
finds it necessary to use the deposited materials as evidence, he/she
shall request to the Public Prosecutor to apply with the issuing Court for
authority to access deposited materials and use the same as evidence.
3. After the lapse of thirty (30) calendar days, the LEA/MP shall inform the
issuing court of the fact that the appropriate charges have been filed at
the Prosecutor’s Office. If no case has been filed, the LEA/MP shall still
inform the issuing court of the fact that no case has been filed within the
same period, stating the reason for non-filing.23 (Use Surveillance Form 10
– In Re: Notice to Issuing Court of Legal Action Taken Based on
Surveillance attached as Annex “J”)
19 Second Paragraph, Section 16 of ATA and Rule 5.5 of the IRR 20 Rule 5.4 of the IRR 21 Rule 5.14 of the IRR 22 Third paragraph, Section 19 of ATA and Rule 5.11 of IRR 23 Fourth paragraph, Section 19 and Rule 5.12 of the IRR
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4. On the part of the Public Prosecutor, if he/she finds a sufficient basis that
a case must be filed, he/she shall secure a written authorization from the
ATC to file an application with the CA for authority to use the deposited
materials as evidence.24 (Annex “Q”: Surveillance Form 17 – Application
to ATC for Authorization to File with CA for Authority to Use the Deposited
Materials as Evidence)
5. If the ATC finds merit to the application, it shall issue the authority to the
Public Prosecutor to file with the issuing Court an application to access
the sealed package/envelope containing customer information,
identification records, call and text data records and content, and use
the same as evidence. (Use Surveillance Form 11 - ATC Authorization for
DOJ to Request Authority from the Issuing Court to Open and Use
Deposited Materials as Evidence attached as Annex “K”)
6. The Public Prosecutor shall file the petition before the CA to open and
use the contents of the deposited sealed envelope or sealed package
as evidence. The Public Prosecutor shall likewise inform the person whose
conversation, communication or message have been the subject of
surveillance.25 (Use Surveillance Form 12 – In Re: Petition to Use Deposited
Materials attached as Annex “L”)
Note: Any surveillance activity without a valid judicial authorization from
the CA is punishable by imprisonment of ten (10) years.
24 Section 22 of the ATA and Rule 5.19 of the IRR 25 Section 22 of the ATA and Rule 5.19 of the IRR
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A. When Applicable26
A suspected terrorist may be arrested without a judicial warrant in any of
the three (3) instances:
1. Suspect is attempting to commit, committing, or has just committed an
offense punishable under the ATA of 2020. 27
2. Suspect has just committed an offense and the LEA/MP has probable
cause to make the arrest based on personal knowledge of facts and
circumstances.28
3. A prisoner who has escaped from penal establishment or place where he
is serving final judgment for an ATA offense or is temporarily confined while
case for ATA is pending, or has escaped while being transferred from one
confinement to another.29
B. Important Things to Remember in Implementing Warrantless Arrest
A warrantless arrest may only be implemented in any of the three
circumstances mentioned above.
Any arrest or search not premised on the said three (3) instances may only
be conducted by the LEA/MP by virtue of a Warrant of Arrest or Search Warrant
issued by the court.
C. Guide in Implementing Warrantless Arrest
1. When the LEA/MP apprehends a person suspected of committing any
of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
and 12 of ATA of 2020 without a Warrant of Arrest, he/she must notify in
writing within 48 hours from the time of arrest30 the following: (Annex “R”:
Form 1 Warrantless Arrest – Notice of Warrantless Arrest)
a. Judge of the court nearest the place of apprehension or arrest;
(Note: The notice to the judge must be personally delivered.31)
b. the CHR; and
c. the ATC.32 (Note: Must be notified within 24 hours)
26 Rule 9.2 of IRR of the ATA 27 Rule 113 of Rules of Court and Rule 9.2 (a) of IRR of the ATA 28 Rule 113 of the Rules of Court and Rule 9.2 (b) of IRR of the ATA 29 Rule 113 of the Rules of Court and Rule 9.2 (c) of IRR of the ATA 30 Rule 9.3 of the IRR 31 Rule 9.3 of the IRR 32 Second paragraph, Section 29 of ATA and Rule 9.5 of the IRR
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Note: Failure of the LEA/MP to notify the judge shall be punished with
ten (10) years imprisonment.
2. If there is a need to extend the pre-charge detention to more than thirty
six (36) hours but not more than 14 days, the LEA/MP must also submit
his/her Statement and Verified Request to the ATC, through the DOJ,
aside from the Notice of Arrest. The Sworn Statement and Verified
Request must state the details of the person suspected of committing
acts of terrorism and the relevant circumstances surrounding the arrest
as basis for taking custody of said person.33 (Annex “S”: Form 2
Warrantless Arrest – Sworn Statement and Verified Request of LEA/MP)
3. If the ATC grants the request, it shall issue a certification granting the
request of the LEA/MP.34 (Annex “T”: Form 3 Warrantless Arrest – ATC
Certificate of Authority to Conduct Custodial Investigation and Deliver
the Detainee to Proper Judicial Authority Within 14 Days)
Note: The ATC Authorization to detain a suspect for 14 days must be
secured within 36 hours from the arrest of the suspect. Otherwise,
the suspect must be presented to the Public Prosecutor for inquest.
Note further that continuous detention of a suspect for more than
36 hours without the required ATC authority shall be penalized with
imprisonment of at least ten (10) years, with administrative and civil
liabilities as well.
C.1. Extension of Period of Detention
1. If there is a need to extend the pre-charge detention to more than
fourteen (14) days from the time of the arrest of the suspect, the LEA/MP
shall again notify the following of the extension of detention three (3)
days prior to the expiration of the initial 14-day detention: (Annex “U”:
Form 4 Warrantless Arrest – Notice of Extension of Detention)
a. Judge of the court nearest the place of apprehension or arrest;
(Note: The notice to the judge must be personally delivered.);
b. the CHR; and
c. ATC.
2. The LEA/MP must also submit his/her Statement and Verified Request for
Extension of Detention to the ATC, through the DOJ, aside from the
Notice of Arrest. The Sworn Statement and Verified Request must state
the need to extend the detention to (i) preserve evidence related to
33 Second paragraph, Rule 9.1 of the IRR 34 Rule 9.1 of the IRR
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terrorism or complete the investigation; (ii) prevent the commission of
another terrorism; and (iii) the investigation is being conducted properly
and without delay.35 (Annex “V”: Form 5 Warrantless Arrest – Sworn
Statement and Verified Request for Extension of Detention)
3. If the ATC grants the request, it shall issue a certification to the LEA/MP
for the purpose.36 (Annex “W”: Form 6 Warrantless Arrest – ATC Certificate
of Authority to Extend Detention)
Note: In no case that the extension of detention shall exceed ten (10)
days from the end of the initial 14-day pre-charge detention.
Note further that the extension of detention without authority of
the ATC may be penalized with imprisonment as well as civil and
administrative liabilities.
C.2. Responsibilities of the LEA/MP and Head of Detention Facility
1. The Head of Detention Facility must inform the detained suspect of his
rights (List of Rights are found in Page 3 of the Notice of Warrantless Arrest
form) and ensure access of the following people:
a. lawyer; and
b. agencies, entities authorized by law to exercise visitorial powers over
detention facilities.37
2. The LEA/MP shall immediately contact the free legal assistance unit of
the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office
(PAO) if the person cannot afford the services of counsel of his/her
choice.38 (Annex “X”: Form 7 Warrantless Arrest – Notice to PAO or IBP)
Note: The LEA/MP may be punished with imprisonment of ten (10) years
if he/she violates Sections 29 (Detention Without Judicial Warrant
of Arrest) and Section 30 (Rights a Person under Custodial
Investigation)
35 Second paragraph, Rule 9.1 of the IRR 36 Rule 9.1 of the IRR 37 Third paragraph, Section 29 of the ATA and 9.6 of the IRR 38 Section 30 of the ATA and Rule 11.2 of the IRR
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OFFICIAL LOGBOOK FOR DETAINED SUSPECTED TERRORISTS
A. Contents of the Official Logbook
The law enforcement custodial unit whose taking custody of the person
suspected of committing acts of terrorism shall keep an Official Logbook
containing the following information:
a. name, description and address of the detained person;
b. date and exact time of his/her initial admission for custodial arrest
and detention;
c. name and address of the physician or physicians who examined
him/her physically and medically;
d. state of his/her health and physical condition at the time of his/her
initial admission for custodial detention;
e. date and time of each removal of the detained person from his/her
cell for interrogation or for any purpose;
f. date and time of his/her return to his/her cell;
g. name and address of the physician or physicians who physically and
medically examined him/her after each interrogation;
h. a summary of the physical and medical findings on the detained
person after each of such interrogation;
i. names and addresses of his/her family members and nearest
relatives;
j. names and addresses of persons who visit the detained person;
k. date and time of each of such visit;
l. date and time of each request of the detained person to
communicate and confer with his/her legal counsel;
m. date and time of each visit and departure of his/her legal counsel;
and
n. all other important events bearing on and all relevant details with
regard to the treatment of the detained person while under custodial
arrest and detention.39 (Annex “Y”: Form 8 Arrest – Logbook Guide for
ATA 2020 Detainees)
39 Section 32 of the ATA and Rule 11.5 of the IRR
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B. Who May Demand Copies of the Entries of Logbook
1. Upon demand of the lawyer, physician or any members of the family or
relatives within fourth civil degree of consanguinity and affinity of the
person detained (i.e first cousin, great great grandparent, great
aunt/uncle, grandnephew/niece), the law enforcement custodial unit
shall issue a certified true copy of the entries of the logbook subject to the
reasonable restrictions by the custodial facility.40
2. The 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
of the demand for the certified true copy is made.41 (Annex “Z”: Form 9
Arrest – Copy of the Certification from the Person Having Custody of the
Logbook)
Note: Failure to keep, maintain and allow access to the Official Custodial
Logbook shall be punished with imprisonment of ten (10) years.
FILING OF CHARGES AGAINST INDIVIDUAL TERRORISTS
AT THE REGIONAL TRIAL COURT
A. Terrorism Acts Punishable Under the ATA of 2020
The following are the acts of terrorism, with their corresponding elements,
punishable under the ATA of 2020 that law enforcers may file against a suspected
terrorist individual at the Regional Trial Court:
Note: An individual may be charged with acts of terrorism defined and
penalized under the ATA of 2020 even if his/her organization has yet
to be proscribed or designated as terrorist organizations.
1. Acts of Terrorism (Section 4) – a person may be charged with acts of
terrorism under Section 4 if the following elements are present:
a. if a person commits the following acts within or outside the
Philippine territory, regardless of the stage of execution
(i.e. consummated, frustrated or attempted)
i. acts intended to: (1) cause death or serious bodily injury
to another person; or (2) endangers a person’s life; or
40 Second paragraph, Section 32 of the ATA and Third paragraph of Rule 11.5 of the IRR 41 Second paragraph, Section 32 of the ATA and Third paragraph of Rule 11.5 of the IRR
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ii. acts intended to cause extensive damage or destruction to
a government or public facility, public place or private
property; or
iii. acts intended to cause extensive interference with, damage
or destruction to critical infrastructure; or
iv. develops, manufactures, possesses, acquires, transports,
supplies or uses weapons, explosives or of biological, nuclear,
radiological or chemical weapons; or
v. release of dangerous substances, or causing fire, floods or
explosions.
b. the purpose of any of the acts mentioned above, by its nature and
context, is to:
i. intimidate the general public or a segment thereof; or
ii. create an atmosphere or spread a message of fear; or
iii. provoke or influence by intimidation the government or any
international organization; or
iv. seriously destabilize or destroy the fundamental political,
economic, or social structures of the country; or
v. create a public emergency or seriously undermine public
safety.
Note: The following are not considered acts of terrorism if they are
not intended to cause death or serious physical harm to a person; to
endanger a person’s life; or to create a serious risk to public safety:
i. advocacy;
ii. protest;
iii. dissent;
iv. stoppage of work;
v. industrial or mass action; or
vi. creative, artistic and cultural expressions; or
vii. other similar exercises of political or civil rights.
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2. Threat to Commit Terrorism (Section 5) – a person may be charged
with Threat to Commit Terrorism if he threatens to commit any of the
acts mention in Section 4. There is threat to commit terrorism when:
a. an intent to commit terrorism as defined in Section 4 is
communicated to another person or entity;
b. the intent to commit terrorism is communicated through any
means used; and
c. threat is communicated under circumstances which indicate
its credibility.
3. Planning, Training, Preparing, and Facilitating the Commission of
Terrorism (Section 6) - a person may be charged under Section 6 if
he/she:
a. participates in the following for the commission of terrorism:
i. planning; or
ii. training such as giving of instruction or teaching designed
to impart a specific skill in relation to terrorism; or
iii. preparation; or
iv. facilitation of the commission of terrorism.
b. possesses objects with knowledge and intent that these are to
be used in the preparation for the commission of terrorism; or
c. collects or makes documents with knowledge and intent that
these are to be used in the preparation for the commission of
terrorism.
4. Conspiracy to Commit Terrorism (Section 7) – any person who
conspire to commit terrorism shall be punished under the law. There
is conspiracy to commit terrorism as defined in Section 4 if the
following elements are present:
a. when two (2) or more persons come to an agreement
concerning the commission of terrorism; and
b. decide to commit acts of terrorism.
5. Proposal to Commit Terrorism (Section 8) - any person who proposes
to commit terrorism as defined in Section 4 may be charged under
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Section 8. There is proposal to commit terrorism when the following
elements are present:
a. when a person has decided to commit acts of terrorism as
defined in Section 4; and
b. proposes its execution to another.
6. Inciting to Commit Terrorism (Section 9) - a person may be charged
with Inciting to Commit Terrorism if the following elements are
present:
a. without taking any direct part in the commission of terrorism;
b. incite others to commit the execution of any acts of terrorism
as defined in Section 4;
c. means to incite others may be through the following:
i. speeches; or
ii. proclamation; or
iii. writings; or
iv. emblems; or
v. banners; or
vi. other representations; and
d. the incitement is done under circumstances that show
reasonable probability of success in inciting the commission of
terrorism. (See Rule 4.9 of the IRR in determining reasonable
probability)
7. Recruitment to a Terrorist Organization (Section 10) – a person may
be charged with violation of Section 10 if the following elements are
present:
a. intentionally or knowingly recruit another;
b. the recruitment of another is for the purpose of participating
in, joining, committing to, and/or supporting terrorism or a
terrorist individual, or any terrorist organization, association, or
group of persons; and
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c. the terrorist organization, association, or group of persons is
either:
i. proscribed under Section 26 of the ATA of 2020; or
ii. designated by the United Nations Security Council (UNSC)
as a terrorist organization; or
iii. organized for the purpose of engaging in terrorism.
8. Membership in a Terrorist Organization (Section 10) – there is
membership to terrorist organization if the following elements
concur:
a. a person voluntarily and knowingly joins any organization,
association, or group of persons; and
b. the organization, association, or group of persons is either:
i. proscribed under Section 26 of the ATA of 2020; or
ii. designated by the UNSC as a terrorist organization; or
iii. organized for the purpose of engaging in terrorism as
defined in Section 4 of the ATA of 2020.
9. Organizing or Facilitating Travel for Purposes Related to the
Commission of Terrorism (Section 10) – a person may be charged
with violation of Section 10 if the following elements are present:
a. he/she organizes, or facilitates, or finances the travel of
another person to a state other than his state of residence or
nationality;
b. the purpose of such travel is either to:
i. recruit to a terrorist organization; or
ii. perpetrate, plan, train, prepare for, or participate in
terrorism; or
iii. provide or receive terrorist training.
c. the act of organizing, facilitating or financing the travel may be
committed through any of the following means:
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i. recruiting a person to serve in any capacity in or with an
armed force in a foreign state, whether the armed force
forms part of the armed forces of the government of that
foreign state or otherwise; or
ii. publishing an advertisement or propaganda for the
purpose of recruiting a person to serve in any capacity in
or with such an armed force; or
iii. publishing an advertisement or propaganda containing
any information relating to:
(1) the place at which, or the manner in which, persons
may apply to serve or obtain information relating to
service in any capacity in or with such armed force; or
(2) the manner in which persons may travel to a foreign
state for the purpose of serving in any capacity in or
with such armed force.
iv. performing any other act with the intention of facilitating
or promoting the recruitment of persons to serve in any
capacity in or with such armed force.
10. Foreign Terrorists (Section 11) – Foreign terrorists may be charged in
domestic courts under Section 11 if he commits the following
unlawful acts:
a. travels or attempts to travel to a state other than his/her state of
residence or nationality for the purpose of:
i. perpetrating, planning, or preparing for, or participating in
terrorism; or
ii. providing or receiving terrorist training; or
b. any person residing abroad to come to the Philippines for the
purpose of:
i. perpetrating, planning, training, or preparing for, or
participating in terrorism; or
ii. providing support for, or facilitating, or receiving terrorist
training here in the country or abroad.
Note: The Philippines shall exercise jurisdiction over foreign
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terrorists only when such foreigner enters or is inside the
territory of the Philippines.
11. Providing Material Support to Terrorists (Section 12) – Any person may
be charged with violation of Section 12 if the following elements are
present:
a. he/she provided material support to any terrorist individual or
terrorist organization, association or group of persons
committing terrorism as defined in Section 4;
b. the terrorist organization, association, or group of persons is
either:
i. proscribed under Section 26 of the ATA of 2020; or
ii. designated by the United Nations Security Council (UNSC)
as a terrorist organization; or
iii. organized for the purpose of engaging in terrorism; and
c. there is knowledge on the part of the person providing support
that such individual or organization, association, or group of
persons is committing or planning to commit such act.
Material support shall refer any property, whether tangible or
intangible, or service including the following:
i. currency, or monetary instrument, or financial securities;
ii. financial services;
iii. lodging;
iv. training;
v. expert advice or assistance including information
related to movement and activities of government
forces, or to the situation surrounding the areas that are
possible targets and basis of terrorist attack;
vi. safe houses;
vii. false documentation or identification;
viii. communications equipment;
ix. facilities;
x. weapons;
xi. lethal substances;
xii. explosives;
xiii. personnel; and
xiv. transportation.
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Note: Humanitarian activities undertaken by the International
Committee of the Red Cross (ICRC), the Philippine Red Cross
(PRC), and other state-recognized impartial humanitarian
partners or organizations are exempted from the implementation
of Section 12.
12. Accessory (Section 14) – A person may be charged for being an accessory
to the crime of terrorism if the following elements are present:
a. he/she has knowledge of the commission of any of the crimes
defined and penalized under Section 4 of ATA;
b. he/she did not participate in the commission of such act;
c. he/she later takes part in the commission of the crime by:
i. profiting himself or assisting the offender to profit by the effects
of the crime; or
ii. concealing or destroying the body of the crime, or the effects, or
instruments thereof, in order to prevent its discovery; or
iii. harboring, concealing or assisting in the escape of the principal
or conspirator of the crime.
B. What to Remember in Filing Charges against Suspected Terrorist
In filing charges against suspected terrorist individuals, the LEA or MP must
determine two things:
First: What offense has been committed by the suspected terrorist under
the ATA of 2020; and
Second: All the elements of such offense must be present.
Note: The LEA/MP may face criminal, civil and administrative charges for
maliciously filing a groundless or false charge against any person.
C. Filing Charges at the Regional Trial Court
1. After determining what provision in the ATA was violated and finding
that all elements of such offense are present, the LEA/MP may then proceed with
the filing of the complaint against any suspected terrorist individual at the Public
Prosecutor’s Office.
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2. The LEA/MP must attach to the complaint the sworn
statements/affidavits of the witnesses and other supporting documents he/she
may produce. In case there is a need to restrict the movement of the suspect,
the LEA/MP must include in the complaint a request for the issuance of the
Precautionary Hold Departure Order (PHDO).
3. If the complaint filed by the LEA/MP contains a request for the
issuance of a Precautionary Hold Departure Order, the investigating prosecutor
shall determine if there is a need and basis for such. If the investigating prosecutor
determines there is a need for the issuance of a PHDO, the investigating
prosecutor shall file with the appropriate RTC a motion for the issuance of a PHDO
even while the inquest or preliminary investigation is ongoing.
4. If the investigating prosecutor determines that there is probable
cause, the investigating prosecutor shall prepare the proper information for filing
with the appropriate Regional Trial Court.
5. As previously mentioned, prior to the filing of the Information at the
RTC for any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of ATA of 2020, the
LEA/MP may also move for the investigating prosecutor to apply for the issuance
of a precautionary hold departure order (PHDO) against the respondent upon a
preliminary determination of probable cause at the RTC.42
42 Section 34 of the ATA
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PROHIBITED ACTS AND THEIR PENALTIES
The following are the prohibited acts and their respective penalties under
the ATA of 2020:
1. Any person, LEA or MP who conducts surveillance activities without a
valid judicial authorization from the CA shall suffer the penalty of
imprisonment of ten (10) years.43
2. Any person who removes, deletes, expunges, incinerates, shreds or
destroys any tapes, discs, other storage devices recordings, notes,
memoranda, summaries, excerpts and all their copies gathered from
surveillance, recording or interception of communications shall suffer
the penalty of imprisonment of ten (10) years.44
3. It shall be unlawful for any person, LEA or MP to omit or exclude any
item or portion mentioned in Section 21 from the Joint Affidavit
pertaining to the custody of intercepted and recorded
communications that shall be deposited with the issuing CA. Any
person, LEA or MP who violates the said section shall suffer the penalty
of imprisonment of ten (10) years.45
4. Any person, LEA or MP who opens, discloses, reveals or uses as
evidence any tapes, discs, other storage devices recordings, notes,
memoranda, summaries, excerpts contained in a sealed envelope
deposited at the issuing CA without the latter’s written order authorizing
the opening, disclosure, revelation or using as evidence of said
materials shall be penalized by imprisonment of ten (10) years.46
5. The penalty of ten (10) years shall be imposed upon the LEA or MP who
fails to immediately notify any judge of the court nearest the place of
apprehension or arrest of a person suspected of committing terrorism
or any member of a group of persons proscribed as terrorist
organizations.47
6. The LEA or MP shall be penalized pursuant to Article 125 of the Revised
Penal Code if he/she shall detain a person suspected of committing
acts of terrorism as defined and penalized under the ATA of 2020
without the authorization from the ATC. 48
43 Section 24 of the ATA 44 Second and Third paragraphs, Section 20 of the ATA 45 Second and Third paragraphs, Section 21 of ATA 46 Section 22 of ATA 47 Third paragraph, Section 29 of the ATA 48 Rule 9.1 of the IRR
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7. The penalty of imprisonment of ten (10) years shall be imposed upon
any LEA or MP who has violated the rights of persons under their custody
as provided for in Sections 29 and 30 of the ATA of 2020.49
8. The penalty of imprisonment of ten (10) years shall be imposed upon
law enforcement custodial unit who fails to keep, maintain and allow
access to the Official Custodial Logbook.50
9. The use of torture and other cruel, inhumane and degrading treatment
or punishment at any time during the investigation or interrogation of a
detained suspected terrorist shall be penalized under Republic Act
9745 otherwise known as the “Anti-Torture Act of 2009”.51
10. The penalty of imprisonment of ten (10) years shall be imposed upon
any public officer, LEA or MP who has direct custody of a detained
person, who, by his deliberate act, misconduct or inexcusable
negligence causes or allows the escape of such detained person.52
11. The penalty of imprisonment of six (6) years shall be imposed upon any
person who knowingly furnishes false testimony, forged document or
false evidence in any investigation or hearing conducted in relation to
any violations of the ATA of 2020.53
49 Section 31 of the ATA 50 Third paragraph of Section 32 of the ATA 51 Section 33 of the ATA 52 Section 42 of the ATA 53 Section 43 of the ATA
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FREQUENTLY ASKED QUESTIONS
The following are some of the frequently asked questions of law enforcers
and military personnel as regards the implementation of the ATA of 2020:
Question #1 : Can previous publications (ex. books, documents and
pamphlets) of suspected terrorists be used in filing terrorism
cases against them?
Answer : It depends on the contents of the publication and how and
when they were used. If the publication contain materials
(1) inciting others to commit terrorism, (2) are used to recruit
others to be members of proscribed or UN-designated terrorists
organizations, or (3) used for planning, preparing, facilitating
or training to commit acts of terrorism, and they are used on
or after July 18, 2020 (effectivity date of the ATA 2020), these
materials can be used as evidence for filing appropriate
criminal cases against suspected terrorists.
Question #2 : Can the law enforcers / military personnel based in Metro
Manila file their application for surveillance in the NCR if their
targets are in Mindanao?
Answer : Yes. Terrorism is considered a “continuing or transitory
offense”55, hence, may be heard or prosecuted at the place
where any of the essential elements of the crime took place.
Thus, law enforcers/military personnel may apply for
surveillance in the NCR even if their targets are in Mindanao or
other part of the country.
Furthermore, the applications for Surveillance Authority are
under the jurisdiction of the Court of Appeals whose territorial
jurisdiction is nationwide.
Question #3 : Can pieces of evidence gathered through “illegal means"
(through intelligence operations) be used as attachments
(justifications) in the application for surveillance?
Answer : No. Evidence gathered through “illegal means” may not be
used as attachments in application for surveillance as they are
inadmissible in court and considered as “fruit of the poisonous
55Continuing or Transitory Offense: An offense where some acts material and essential to
the crime and requisite to its consummation occur in one province, and some in another.
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tree” or evidence gathered through illegal means. Similarly,
intelligence reports may not be admitted in evidence as they
are treated as mere “hearsay” by our courts. However,
intelligence reports may be used by law enforcers and military
personnel as “lead” in its evidence gathering.
Question #4 : Is there a need to give real identities of Action Agents (AAs) or
witnesses when filing for application for surveillance?
Answer : Yes. The ATA of 202056 requires that the applicant and
witnesses must give their true identities especially so that the
Court of Appeals (CA) shall specify in the written order to
conduct surveillance the identity of the law enforcement
agent or military personnel, including the individual identity of
the members of his team, judicially authorized to undertake
the surveillance.57
Moreover, law enforcers or military personnel may be
punished for any untruthful statements in their application for
surveillance submitted in the CA.
It is important to note though that ALL APPLICATIONS and
ORDERS for surveillance are legally deemed CONFIDENTIAL
thus only a limited number of people can have access to it.
Question #5 : Can a specific operating unit utilize the same surveillance
team for all its applications for surveillance and
other documents with the ATC?
Answer : Yes. There is nothing in the ATA of 2020 that prohibits
an operating unit from applying and conducting surveillance
more than once. In the same vein, there is nothing in the law
that prohibits the use of the same document as attachment in
a different application for surveillance provided that such
document was validly obtained and can substantially support
the application of the law enforcers or military personnel.
56 Section 17 (b) – after examination under oath or affirmation of the applicant and the
witnesses he/she may produce, the issuing court determines: xxx
57 Section 18 (b) – The written order of the authorizing division of the Court of Appeals shall
specify the following xxx the identity of the law enforcement agent or military personnel,
including the individual identity of the members of his team, judicially authorized to
undertake the surveillance.
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Question #6 : Under RA 11479, can military personnel already file “Notice of
Warrantless Arrest” and “Verified Request” because under the
current situation, the military personnel usually turn over their
arrested suspects to the PNP/law enforcement agent for
proper disposition.
Answer : Yes. The ATA of 2020 requires law enforcers and military
personnel conducting a valid warrantless arrest to
immediately inform in writing the judge of the court nearest the
place of arrest, the CHR and the ATC the fact of such arrest.58
The law does not make any distinction thus there is no need for
the AFP to turn over to the PNP the ATA suspect arrested
without a warrant. But note that the military personnel shall be
bound by all the safeguards and requirements for a valid
warrantless arrest under the law and shall be liable for its non-
compliance.
Question #7 : Can the military also conduct arrest even without the presence
of law enforcers? Does the military have to turn over the
arrested person to law enforcement agencies?
Answer : Yes. Military personnel may arrest a person suspected of
committing violations defined and penalized under the ATA of
2020 pursuant to Section 5, Rule 113 of the Rules of Court.59
Section 29 of the ATA of 2020 also allows the military personnel
to take custody of the person suspected of committing
terrorism acts and deliver such person to the proper judicial
authorities within the proper period provided under the ATA
and its IRR (i.e. 36 hours if without ATC authorization; fourteen
calendar (14) days if with ATC Authority; and additional 10
days if with proper Court Authority)counted from the moment
the said suspected person has been apprehended or arrested,
detained and taken into custody.
58 Section 29 (Detention Without Judicial Warrant of Arrest) of ATA of 2020 59Rule 113. Section 5. Arrest without warrant; when lawful – a peace officer or a private person,
may without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that a person to be arrested has committed it;
and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending,
or has escaped while being transferred from one confinement to another.”
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TABLE OF ANNEXES
ANNEX “A” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR A
SURVEILLANCE AUTHORITY
ANNEX “B” . . . . . . . . . . . . . . . REQUEST FOR AUTHORITY TO FILE
APPLICATION FOR SURVEILLANCE
AUTHORITY FROM THE COURT OF
APPEALS
ANNEX “C” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE
APPLICATION FOR SURVEILLANCE
AUTHORITY WITH THE COURT OF
APPEALS
ANNEX “D” . . . . . . . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL
AUTHORITY TO CONDUCT
SURVEILLANCE
ANNEX “E” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR
EXTENSION OF SURVEILLANCE
ANNEX “F” . . . . . . . . . . . . . . .REQUEST FOR AUTHORITY TO FILE
APPLICATION TO EXTEND PERIOD
OF SURVEILLANCE
ANNEX “G” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE
APPLICATION FOR EXTENSION OF
SURVEILLANCE AUTHORITY TO THE
COURT OF APPEALS
ANNEX “H” . . . . . .. . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL
AUTHORITY FOR EXTENSION OF
PERIOD TO CONDUCT
SURVEILLANCE
ANNEX “I” . . . . . . . . . . . . . . . . . . JOINT AFFIDAVIT ON COLLECTED
MATERIALS FROM AUTHORIZED
SURVEILLANCE
ANNEX “J” . . . . . . . . . . . . . . . . . . . . . NOTICE TO ISSUING COURT OF
LEGAL ACTION TAKEN BASED ON
SURVEILLANCE
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ANNEX “K” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO
APPLY FOR SURVEILLANCE
AUTHORITY
ANNEX “L” . . . . . . . . . . . . . . . . . . . . . . . PETITION TO USE DEPOSITED
MATERIALS AS EVIDENCE
PURSUANT TO A JUDICIAL
AUTHORITY TO CONDUCT
SURVEILLANCE
ANNEX “M” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR
ISSUANCE OF AN ORDER TO
COMPEL TSP/ISP TO PRODUCE
CUSTOMER RECORDS ETC
ANNEX “N” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE
APPLICATION TO COMPEL TSP
AND ISP TO PRODUCE
INFORMATION, DATA, RECORDS
ETC
ANNEX “O” . . . . . . . . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL
AUTHORITY TO COMPLE, TO
PRODUCE CUSTOMER
INFORMATION ETC
ANNEX “P” . . . . . . . . . . . . . . . . . . JOINT AFFIDAVIT ON COLLECTED
MATERIALS FROM ISP/TSP
ANNEX “Q” . . . . . . . . . . . . . . . REQUEST FOR AUTHORITY TO FILE
APPLICATION TO ACCESS AND
USE DEPOSITED MATERIALS WITH
THE COURT OF APPEALS
ANNEX “R” . . . . . . . . . . . . . . . . . . . . . . NOTICE OF WARRANTLESS ARREST
(In accordance with Sec. 29 of
R.A. No. 11479 otherwise known as
the Anti-Terrorism Act of 2020)
ANNEX “S” . . . . . . . . . . . . . . . . . . . . . SWORN STATEMENT AND VERIFIED
REQUEST (TO CONDUCT CUSTODIAL INVESTIGATION AND DELIVER THE DETAINEE FOR PROPER JUDICIAL
AUTHORITY WITHIN 14 DAYS IN
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ACCORDANCE WITH SECTION 29
OF THE ATA 2020)
ANNEX “T” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY
TO CONDUCT CUSTODIAL
INVESTIGATION AND DELIVER THE
DETAINEE FOR PROPER JUDICIAL
AUTHORITY WITHIN 14 DAYS
ANNEX “U” . . . . . . . . . . . . . . . . . . . . . NOTICE OF EXTENSION OF
DETENTION
ANNEX “V” . . . . . . . . . . . . . . . . . . . SWORN STATEMENT AND VERIFIED
REQUEST (TO EXTEND THE
CONDUCT OF CUSTODIAL
INVESTIGATION AND DETAIN THE
PERSON FOR ANOTHER TEN (10)
DAYS IN ACCORDANCE WITH
SECTION 29 OF THE ATA 2020)
ANNEX “W” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO
EXTEND DETENTION OF PERSON
FOR ANOTHER 10 DAYS
TO CONDUCT CUSTODIAL
INVESTIGATION
ANNEX “X” . . . . . . . . . . . . . . . . . . . . . . NOTICE TO PAO/IBP
ANNEX “Y” . . . . . . . . . . . . . . . . . . LOGBOOK GUIDE FOR ATA 2020
DETAINEES
ANNEX “Z” . . . . . . . . . . . . . . . . . . . CERTIFICATION FROM DETENTION
FACILITY