Human Securitization Act

8/6/2019 Human Securitization Act

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Twelfth CongressThird Regular Session

Begun and held in Metro Manila, on Monday, thetwenty-second day of July, two thousand three.

REPUBLIC ACT NO. 9262March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMENAND THEIR CHILDREN, PROVIDING FORPROTECTIVE MEASURES FOR VICTIMS,

PRESCRIBING PENALTIES THEREFORE, ANDFOR OTHER PURPOSES

Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congressassembled:

Section 1.Short Title.- This Act shall be known asthe "Anti-Violence Against Women and Their

Children Act of 2004".SECTION 2.Declaration of Policy.- It is herebydeclared that the State values the dignity of womenand children and guarantees full respect for humanrights. The State also recognizes the need to protectthe family and its members particularly women andchildren, from violence and threats to their personalsafety and security.

Towards this end, the State shall exert efforts toaddress violence committed against women andchildren in keeping with the fundamental freedomsguaranteed under the Constitution and theProvisions of the Universal Declaration of Human

Rights, the convention on the Elimination of all formsof discrimination Against Women, Convention on theRights of the Child and other international humanrights instruments of which the Philippines is a party.

SECTION 3.Definition of Terms.- As used in thisAct,

(a) "Violence against women and their children"refers to any act or a series of acts committed byany person against a woman who is his wife, formerwife, or against a woman with whom the person hasor had a sexual or dating relationship, or with whomhe has a common child, or against her child whetherlegitimate or illegitimate, within or without the familyabode, which result in or is likely to result in physical,sexual, psychological harm or suffering, or economicabuse including threats of such acts, battery,assault, coercion, harassment or arbitrarydeprivation of liberty. It includes, but is not limited to,the following acts:

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

B. "Sexual violence" refers to an act which is sexualin nature, committed against a woman or her child. Itincludes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness,treating a woman or her child as a sex object,making demeaning and sexually suggestiveremarks, physically attacking the sexual parts of thevictim's body, forcing her/him to watch obscenepublications and indecent shows or forcing thewoman or her child to do indecent acts and/or makefilms thereof, forcing the wife and mistress/lover tolive in the conjugal home or sleep together in thesame room with the abuser;

b) acts causing or attempting to cause the victim toengage in any sexual activity by force, threat offorce, physical or other harm or threat of physical orother harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts oromissions causing or likely to cause mental oremotional suffering of the victim such as but notlimited to intimidation, harassment, stalking, damageto property, public ridicule or humiliation, repeatedverbal abuse and mental infidelity. It includescausing or allowing the victim to witness the

physical, sexual or psychological abuse of a membeof the family to which the victim belongs, or towitness pornography in any form or to witnessabusive injury to pets or to unlawful or unwanteddeprivation of the right to custody and/or visitation ofcommon children.

D. "Economic abuse" refers to acts that make orattempt to make a woman financially dependentwhich includes, but is not limited to the following:

1. withdrawal of financial support or preventing thevictim from engaging in any legitimate profession,occupation, business or activity, except in caseswherein the other spouse/partner objects on valid,

serious and moral grounds as defined in Article 73 ofthe Family Code;

2. deprivation or threat of deprivation of financialresources and the right to the use and enjoyment ofthe conjugal, community or property owned incommon;

3. destroying household property;

4. controlling the victims' own money or properties orsolely controlling the conjugal money or properties.

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

(c) "Battered Woman Syndrome" refers to ascientifically defined pattern of psychological andbehavioral symptoms found in women living inbattering relationships as a result of cumulativeabuse.

(d) "Stalking" refers to an intentional act committedby a person who, knowingly and without lawful

justification follows the woman or her child or placesthe woman or her child under surveillance directly orindirectly or a combination thereof.

(e) "Dating relationship" refers to a situation whereinthe parties live as husband and wife without the


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benefit of marriage or are romantically involved overtime and on a continuing basis during the course ofthe relationship. A casual acquaintance or ordinarysocialization between two individuals in a businessor social context is not a dating relationship.

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

(g) "Safe place or shelter" refers to any home or

institution maintained or managed by theDepartment of Social Welfare and Development(DSWD) or by any other agency or voluntaryorganization accredited by the DSWD for thepurposes of this Act or any other suitable place theresident of which is willing temporarily to receive thevictim.

(h) "Children" refers to those below eighteen (18)years of age or older but are incapable of taking careof themselves as defined under Republic Act No.7610. As used in this Act, it includes the biologicalchildren of the victim and other children under hercare.

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

SECTION 5.Acts of Violence Against Women andTheir Children.- The crime of violence againstwomen and their children is committed through anyof the following acts:

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

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

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

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

(e) Attempting to compel or compelling the womanor her child to engage in conduct which the womanor her child has the right to desist from or desist fromconduct which the woman or her child has the rightto engage in, or attempting to restrict or restrictingthe woman's or her child's freedom of movement orconduct by force or threat of force, physical or otherharm or threat of physical or other harm, orintimidation directed against the woman or child.This shall include, but not limited to, the followingacts committed with the purpose or effect ofcontrolling or restricting the woman's or her child'smovement or conduct:

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

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

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

(4) Preventing the woman in engaging in anylegitimate profession, occupation, business oractivity or controlling the victim's own mon4ey orproperties, or solely controlling the conjugal orcommon money, or properties;

(f) Inflicting or threatening to inflict physical harm ononeself for the purpose of controlling her actions ordecisions;

(g) Causing or attempting to cause the woman or he

child to engage in any sexual activity which does notconstitute rape, by force or threat of force, physicalharm, or through intimidation directed against thewoman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or recklessconduct, personally or through another, that alarmsor causes substantial emotional or psychologicaldistress to the woman or her child. This shallinclude, but not be limited to, the following acts:

(1) Stalking or following the woman or her child inpublic or private places;

(2) Peering in the window or lingering outside the

residence of the woman or her child;(3) Entering or remaining in the dwelling or on theproperty of the woman or her child against her/hiswill;

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

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

(i) Causing mental or emotional anguish, publicridicule or humiliation to the woman or her child,including, but not limited to, repeated verbal andemotional abuse, and denial of financial support or

custody of minor children of access to the woman'schild/children.

SECTION 6.Penalties.- The crime of violenceagainst women and their children, under Sec. 5hereof shall be punished according to the followingrules:

(a) Acts falling under Sec. 5(a) constitutingattempted, frustrated or consummated parricide ormurder or homicide shall be punished in accordancewith the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall bepunishable in accordance with the Revised PenalCode; those constituting serious physical injuriesshall have the penalty of prison mayor; thoseconstituting less serious physical injuries shall bepunished by prision correccional; and thoseconstituting slight physical injuries shall be punishedby arresto mayor.

Acts falling under Sec. 5(b) shall be punished byimprisonment of two degrees lower than theprescribed penalty for the consummated crime asspecified in the preceding paragraph but shall in nocase be lower than arresto mayor.

(b) Acts falling under Sec. 5(c) and 5(d) shall bepunished by arresto mayor;


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(c) Acts falling under Sec. 5(e) shall be punished byprision correccional;

(d) Acts falling under Sec. 5(f) shall be punished byarresto mayor;

(e) Acts falling under Sec. 5(g) shall be punished byprision mayor;

(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall bepunished by prision mayor.

If the acts are committed while the woman or child ispregnant or committed in the presence of her child,the penalty to be applied shall be the maximumperiod of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a)pay a fine in the amount of not less than Onehundred thousand pesos (P100,000.00) but notmore than three hundred thousand pesos(300,000.00); (b) undergo mandatory psychologicalcounseling or psychiatric treatment and shall reportcompliance to the court.

SECTION 7.Venue.- The Regional Trial Courtdesignated as a Family Court shall have original and

exclusive jurisdiction over cases of violence againstwomen and their children under this law. In theabsence of such court in the place where the offensewas committed, the case shall be filed in theRegional Trial Court where the crime or any of itselements was committed at the option of thecompliant.

SECTION 8.Protection Orders.- A protection orderis an order issued under this act for the purpose ofpreventing further acts of violence against a womanor her child specified in Sec. 5 of this Act andgranting other necessary relief. The relief grantedunder a protection order serve the purpose of

safeguarding the victim from further harm,minimizing any disruption in the victim's daily life,and facilitating the opportunity and ability of thevictim to independently regain control over her life.The provisions of the protection order shall beenforced by law enforcement agencies. Theprotection orders that may be issued under this Actare the barangay protection order (BPO), temporaryprotection order (TPO) and permanent protectionorder (PPO). The protection orders that may beissued under this Act shall include any, some or allof the following reliefs:

(a) Prohibition of the respondent from threatening tocommit or committing, personally or through another,any of the acts mentioned in Sec. 5 of this Act;

(b) Prohibition of the respondent from harassing,annoying, telephoning, contacting or otherwisecommunicating with the petitioner, directly orindirectly;

(c) Removal and exclusion of the respondent fromthe residence of the petitioner, regardless ofownership of the residence, either temporarily for thepurpose of protecting the petitioner, or permanentlywhere no property rights are violated, and ifrespondent must remove personal effects from theresidence, the court shall direct a law enforcement

agent to accompany the respondent has gatheredhis things and escort respondent from the residence

(d) Directing the respondent to stay away frompetitioner and designated family or householdmember at a distance specified by the court, and tostay away from the residence, school, place ofemployment, or any specified place frequented bythe petitioner and any designated family orhousehold member;

(e) Directing lawful possession and use by petitionerof an automobile and other essential personaleffects, regardless of ownership, and directing theappropriate law enforcement officer to accompanythe petitioner to the residence of the parties toensure that the petitioner is safely restored to thepossession of the automobile and other essentialpersonal effects, or to supervise the petitioner's orrespondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of achild/children to the petitioner;

(g) Directing the respondent to provide support tothe woman and/or her child if entitled to legal

support. Notwithstanding other laws to the contrary,the court shall order an appropriate percentage ofthe income or salary of the respondent to bewithheld regularly by the respondent's employer forthe same to be automatically remitted directly to thewoman. Failure to remit and/or withhold or any delayin the remittance of support to the woman and/or herchild without justifiable cause shall render therespondent or his employer liable for indirectcontempt of court;

(h) Prohibition of the respondent from any use orpossession of any firearm or deadly weapon andorder him to surrender the same to the court for

appropriate disposition by the court, includingrevocation of license and disqualification to apply forany license to use or possess a firearm. If theoffender is a law enforcement agent, the court shallorder the offender to surrender his firearm and shalldirect the appropriate authority to investigate on theoffender and take appropriate action on matter;

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

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

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

Any of the reliefs provided under this section shall begranted even in the absence of a decree of legalseparation or annulment or declaration of absolutenullity of marriage.

The issuance of a BPO or the pendency of anapplication for BPO shall not preclude a petitioner


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from applying for, or the court from granting a TPOor PPO.

SECTION 9.Who may file Petition for ProtectionOrders. A petition for protection order may be filedby any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives

within the fourth civil degree of consanguinity oraffinity;

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

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

(f) Punong BarangayorBarangay Kagawad;

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

(h) At least two (2) concerned responsible citizens ofthe city or municipality where the violence againstwomen and their children occurred and who haspersonal knowledge of the offense committed.

SECTION 10.Where to Apply for a Protection Order.Applications for BPOs shall follow the rules on venueunder Sec. 409 of the Local Government Code of1991 and its implementing rules and regulations. Anapplication for a TPO or PPO may be filed in theregional trial court, metropolitan trial court, municipaltrial court, municipal circuit trial court with territorial

jurisdiction over the place of residence of thepetitioner: Provided, however, That if a family courtexists in the place of residence of the petitioner, theapplication shall be filed with that court.

SECTION 11.How to Apply for a Protection Order.The application for a protection order must be inwriting, signed and verified under oath by theapplicant. It may be filed as an independent action oras incidental relief in any civil or criminal case thesubject matter or issues thereof partakes of aviolence as described in this Act. A standardprotection order application form, written in Englishwith translation to the major local languages, shallbe made available to facilitate applications forprotections order, and shall contain, among other,the following information:

(a) names and addresses of petitioner andrespondent;

(b) description of relationships between petitionerand respondent;

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

(d) description of the reliefs requested by petitioneras specified in Sec. 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees untilhearing; and

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

If the applicants is not the victim, the applicationmust be accompanied by an affidavit of the applicantattesting to (a) the circumstances of the abusesuffered by the victim and (b) the circumstances ofconsent given by the victim for the filling of theapplication. When disclosure of the address of thevictim will pose danger to her life, it shall be sostated in the application. In such a case, theapplicant shall attest that the victim is residing in themunicipality or city over which court has territorial

jurisdiction, and shall provide a mailing address forpurpose of service processing.

An application for protection order filed with a courtshall be considered an application for both a TPOand PPO.

Barangay officials and court personnel shall assistapplicants in the preparation of the application. Lawenforcement agents shall also extend assistance inthe application for protection orders in cases broughtto their attention.

SECTION 12.Enforceability of Protection Orders. AlTPOs and PPOs issued under this Act shall be

enforceable anywhere in the Philippines and aviolation thereof shall be punishable with a fineranging from Five Thousand Pesos (P5,000.00) toFifty Thousand Pesos (P50,000.00) and/orimprisonment of six (6) months.

SECTION 13.Legal Representation of Petitionersfor Protection Order. If the woman or her childrequests in the applications for a protection order forthe appointment of counsel because of lack ofeconomic means to hire a counsel de parte, thecourt shall immediately direct the Public Attorney'sOffice (PAO) to represent the petitioner in thehearing on the application. If the PAO determinesthat the applicant can afford to hire the services of acounsel de parte, it shall facilitate the legalrepresentation of the petitioner by a counsel departe. The lack of access to family or conjugalresources by the applicant, such as when the sameare controlled by the perpetrator, shall qualify thepetitioner to legal representation by the PAO.

However, a private counsel offering free legalservice is not barred from representing thepetitioner.

SECTION 14.Barangay Protection Orders (BPOs);Who May Issue and How. - Barangay ProtectionOrders (BPOs) refer to the protection order issued

by the Punong Barangayordering the perpetrator todesist from committing acts under Sec. 5 (a) and (b)of this Act. A Punong Barangaywho receivesapplications for a BPO shall issue the protectionorder to the applicant on the date of filing afterex

parte determination of the basis of the application. Ifthe Punong Barangayis unavailable to act on theapplication for a BPO, the application shall be actedupon by any available Barangay Kagawad. If theBPO is issued by a Barangay Kagawadthe ordermust be accompanied by an attestation by theBarangay Kagawadthat the Punong Barangaywasunavailable at the time for the issuance of the BPO.


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BPOs shall be effective for fifteen (15) days.Immediately after the issuance of an ex parte BPO,the Punong Barangay or Barangay Kagawadshallpersonally serve a copy of the same on therespondent, or direct any barangay official to effectis personal service.

The parties may be accompanied by a non-lawyeradvocate in any proceeding before the PunongBarangay.

SECTION 15.Temporary Protection Orders.Temporary Protection Orders (TPOs) refers to theprotection order issued by the court on the date offiling of the application afterex parte determinationthat such order should be issued. A court may grantin a TPO any, some or all of the reliefs mentioned inthis Act and shall be effective for thirty (30) days.The court shall schedule a hearing on the issuanceof a PPO prior to or on the date of the expiration ofthe TPO. The court shall order the immediatepersonal service of the TPO on the respondent bythe court sheriff who may obtain the assistance oflaw enforcement agents for the service. The TPOshall include notice of the date of the hearing on the

merits of the issuance of a PPO.

SECTION 16.Permanent Protection Orders.Permanent Protection Order (PPO) refers toprotection order issued by the court after notice andhearing.

Respondents non-appearance despite proper notice,or his lack of a lawyer, or the non-availability of hislawyer shall not be a ground for rescheduling orpostponing the hearing on the merits of the issuanceof a PPO. If the respondents appears withoutcounsel on the date of the hearing on the PPO, thecourt shall appoint a lawyer for the respondent andimmediately proceed with the hearing. In case therespondent fails to appear despite proper notice, thecourt shall allow ex parte presentation of theevidence by the applicant and render judgment onthe basis of the evidence presented. The court shallallow the introduction of any history of abusiveconduct of a respondent even if the same was notdirected against the applicant or the person forwhom the applicant is made.

The court shall, to the extent possible, conduct thehearing on the merits of the issuance of a PPO inone (1) day. Where the court is unable to conductthe hearing within one (1) day and the TPO issued isdue to expire, the court shall continuously extend or

renew the TPO for a period of thirty (30) days ateach particular time until final judgment is issued.The extended or renewed TPO may be modified bythe court as may be necessary or applicable toaddress the needs of the applicant.

The court may grant any, some or all of the reliefsspecified in Sec. 8 hereof in a PPO. A PPO shall beeffective until revoked by a court upon application ofthe person in whose favor the order was issued. Thecourt shall ensure immediate personal service of thePPO on respondent.

The court shall not deny the issuance of protectionorder on the basis of the lapse of time between theact of violence and the filing of the application.

Regardless of the conviction or acquittal of therespondent, the Court must determine whether ornot the PPO shall become final. Even in a dismissal,a PPO shall be granted as long as there is no clearshowing that the act from which the order mightarise did not exist.

SECTION 17.Notice of Sanction in ProtectionOrders. The following statement must be printed inbold-faced type or in capital letters on the protectionorder issued by the Punong Barangayor court:

"VIOLATION OF THIS ORDER IS PUNISHABLEBY LAW."

SECTION 18.Mandatory Period For Acting onApplications For Protection Orders Failure to act onan application for a protection order within thereglementary period specified in the previous sectionwithout justifiable cause shall render the official or

judge administratively liable.

SECTION 19.Legal Separation Cases. In cases oflegal separation, where violence as specified in thisAct is alleged, Article 58 of the Family Code shall noapply. The court shall proceed on the main case andother incidents of the case as soon as possible. Thehearing on any application for a protection order filedby the petitioner must be conducted within themandatory period specified in this Act.

SECTION 20.Priority of Application for a ProtectionOrder. Ex parte and adversarial hearings todetermine the basis of applications for a protectionorder under this Act shall have priority over all otherproceedings. Barangay officials and the courts shallschedule and conduct hearings on applications for aprotection order under this Act above all otherbusiness and, if necessary, suspend otherproceedings in order to hear applications for aprotection order.

SECTION 21.Violation of Protection Orders. Acomplaint for a violation of a BPO issued under thisAct must be filed directly with any municipal trialcourt, metropolitan trial court, or municipal circuit triacourt that has territorial jurisdiction over thebarangay that issued the BPO. Violation of a BPOshall be punishable by imprisonment of thirty (30)days without prejudice to any other criminal or civilaction that the offended party may file for any of the

acts committed.

A judgement of violation of a BPO ma be appealedaccording to the Rules of Court. During trial andupon judgment, the trial court may motu proprioissue a protection order as it deems necessarywithout need of an application.

Violation of any provision of a TPO or PPO issuedunder this Act shall constitute contempt of courtpunishable under Rule 71 of the Rules of Court,without prejudice to any other criminal or civil actionthat the offended party may file for any of the actscommitted.


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SECTION 22.Applicability of Protection Orders toCriminal Cases. The foregoing provisions onprotection orders shall be applicable in impliedlyinstituted with the criminal actions involving violenceagainst women and their children.

SECTION 23.Bond to Keep the Peace. The Courtmay order any person against whom a protectionorder is issued to give a bond to keep the peace, topresent two sufficient sureties who shall undertakethat such person will not commit the violence soughtto be prevented.

Should the respondent fail to give the bond asrequired, he shall be detained for a period whichshall in no case exceed six (6) months, if he shallhave been prosecuted for acts punishable underSec. 5(a) to 5(f) and not exceeding thirty (30) days, iffor acts punishable under Sec. 5(g) to 5(I).

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

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

prescribe in ten (10) years.

SECTION 25.Public Crime. Violence againstwomen and their children shall be considered apublic offense which may be prosecuted upon thefiling of a complaint by any citizen having personalknowledge of the circumstances involving thecommission of the crime.

SECTION 26.Battered Woman Syndrome as aDefense. Victim-survivors who are found by thecourts to be suffering from battered womansyndrome do not incur any criminal and civil liabilitynotwithstanding the absence of any of the elementsfor justifying circumstances of self-defense under theRevised Penal Code.

In the determination of the state of mind of thewoman who was suffering from battered womansyndrome at the time of the commission of thecrime, the courts shall be assisted by expertpsychiatrists/ psychologists.

SECTION 27.Prohibited Defense. Being under theinfluence of alcohol, any illicit drug, or any othermind-altering substance shall not be a defenseunder this Act.

SECTION 28.Custody of children. The womanvictim of violence shall be entitled to the custody and

support of her child/children. Children below seven(7) years old older but with mental or physicaldisabilities shall automatically be given to themother, with right to support, unless the court findscompelling reasons to order otherwise.

A victim who is suffering from battered womansyndrome shall not be disqualified from havingcustody of her children. In no case shall custody ofminor children be given to the perpetrator of awoman who is suffering from Battered womansyndrome.

SECTION 29.Duties of Prosecutors/CourtPersonnel. Prosecutors and court personnel shouldobserve the following duties when dealing withvictims under this Act:

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

b) inform the victim of her/his rights including legalremedies available and procedure, and privileges forindigent litigants.

SECTION 30.Duties of Barangay Officials and LawEnforcers. Barangay officials and law enforcers shalhave the following duties:

(a) respond immediately to a call for help or requestfor assistance or protection of the victim by enteringthe necessary whether or not a protection order hasbeen issued and ensure the safety of the victim/s;

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

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

(d) assist the victim in removing personal belongsfrom the house;

(e) assist the barangay officials and othergovernment officers and employees who respond toa call for help;

(f) ensure the enforcement of the Protection Ordersissued by the Punong Barangyor the courts;

(g) arrest the suspected perpetrator wiithout awarrant when any of the acts of violence defined bythis Act is occurring, or when he/she has personalknowledge that any act of abuse has just beencommitted, and there is imminent danger to the lifeor limb of the victim as defined in this Act; and

(h) immediately report the call for assessment orassistance of the DSWD, social Welfare Departmentof LGUs or accredited non-governmentorganizations (NGOs).

Any barangay official or law enforcer who fails toreport the incident shall be liable for a fine notexceeding Ten Thousand Pesos (P10,000.00) orwhenever applicable criminal, civil or administrativeliability.

SECTION 31.Healthcare Provider Response toAbuse Any healthcare provider, including, but notlimited to, an attending physician, nurse, clinician,

barangay health worker, therapist or counselor whosuspects abuse or has been informed by the victimof violence shall:

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

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

(c) automatically provide the victim free of charge amedical certificate concerning the examination orvisit;


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

(e) provide the victim immediate and adequatenotice of rights and remedies provided under thisAct, and services available to them.

SECTION 32.Duties of Other Government Agenciesand LGUs Other government agencies and LGUsshall establish programs such as, but not limited to,education and information campaign and seminars

or symposia on the nature, causes, incidence andconsequences of such violence particularly towardseducating the public on its social impacts.

It shall be the duty of the concerned governmentagencies and LGU's to ensure the sustainededucation and training of their officers and personnelon the prevention of violence against women andtheir children under the Act.

SECTION 33.Prohibited Acts. A Punong Barangay,Barangay Kagawador the court hearing anapplication for a protection order shall not order,direct, force or in any way unduly influence heapplicant for a protection order to compromise or

abandon any of the reliefs sought in the applicationfor protection under this Act. Sec. 7 of the FamilyCourts Act of 1997 and Sections 410, 411, 412 and413 of the Local Government Code of 1991 shall notapply in proceedings where relief is sought underthis Act.

Failure to comply with this Sec. shall render theofficial or judge administratively liable.

SECTION 34.Persons Intervening Exempt fromLiability. In every case of violence against womenand their children as herein defined, any person,private individual or police authority or barangayofficial who, acting in accordance with law, respondsor intervenes without using violence or restraintgreater than necessary to ensure the safety of thevictim, shall not be liable for any criminal, civil oradministrative liability resulting therefrom.

SECTION 35.Rights of Victims. In addition to theirrights under existing laws, victims of violence againstwomen and their children shall have the followingrights:

(a) to be treated with respect and dignity;

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

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

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

(e) To be informed of their rights and the servicesavailable to them including their right to apply for aprotection order.

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

SECTION 37.Hold Departure Order. The court shallexpedite the process of issuance of a hold departureorder in cases prosecuted under this Act.

SECTION 38.Exemption from Payment of DocketFee and Other Expenses. If the victim is an indigentor there is an immediate necessity due to imminentdanger or threat of danger to act on an applicationfor a protection order, the court shall accept theapplication without payment of the filing fee andother fees and of transcript of stenographic notes.

SECTION 39.Inter-Agency Council on ViolenceAgainst Women and Their Children (IAC-VAWC). Inpursuance of the abovementioned policy, there ishereby established an Inter-Agency Council onViolence Against Women and their children,hereinafter known as the Council, which shall becomposed of the following agencies:

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

(b) National Commission on the Role of FilipinoWomen (NCRFW);

(c) Civil Service Commission (CSC);(d) Commission on Human rights (CHR)

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

(f) Department of Justice (DOJ);

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

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

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

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programsand projects to eliminate VAW based on theirmandates as well as develop capability programs fortheir employees to become more sensitive to theneeds of their clients. The Council will also serve asthe monitoring body as regards to VAW initiatives.

The Council members may designate their dulyauthorized representative who shall have a rank notlower than an assistant secretary or its equivalent.These representatives shall attend Council meetingsin their behalf, and shall receive emoluments as may

be determined by the Council in accordance withexisting budget and accounting rules andregulations.

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

The DOH shall provide medical assistance tovictims.

SECTION 41.Counseling and Treatment ofOffenders. The DSWD shall provide rehabilitative


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counseling and treatment to perpetrators towardslearning constructive ways of coping with anger andemotional outbursts and reforming their ways. Whennecessary, the offender shall be ordered by theCourt to submit to psychiatric treatment orconfinement.

SECTION 42.Training of Persons Involved inResponding to Violence Against Women and theirChildren Cases. All agencies involved in respondingto violence against women and their children casesshall be required to undergo education and trainingto acquaint them with:

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

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

c. the services and facilities available to victims orsurvivors;

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

e. techniques for handling incidents of violenceagainst women and their children that minimize thelikelihood of injury to the officer and promote thesafety of the victim or survivor.

The PNP, in coordination with LGU's shall establishan education and training program for police officersand barangay officials to enable them to properlyhandle cases of violence against women and theirchildren.

SECTION 43.Entitled to Leave. Victims under thisAct shall be entitled to take a paid leave of absenceup to ten (10) days in addition to other paid leavesunder the Labor Code and Civil Service Rules and

Regulations, extendible when the necessity arisesas specified in the protection order.

Any employer who shall prejudice the right of theperson under this section shall be penalized inaccordance with the provisions of the Labor Codeand Civil Service Rules and Regulations. Likewise,an employer who shall prejudice any person forassisting a co-employee who is a victim under thisAct shall likewise be liable for discrimination.

SECTION 44.Confidentiality. All records pertainingto cases of violence against women and theirchildren including those in the barangay shall beconfidential and all public officers and employeesand public or private clinics to hospitals shall respectthe right to privacy of the victim. Whoever publishesor causes to be published, in any format, the name,address, telephone number, school, businessaddress, employer, or other identifying information ofa victim or an immediate family member, without thelatter's consent, shall be liable to the contemptpower of the court.

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

SECTION 45.FundingThe amount necessary toimplement the provisions of this Act shall beincluded in the annual General Appropriations Act(GAA).

The Gender and Development (GAD) Budget of themandated agencies and LGU's shall be used toimplement services for victim of violence againstwomen and their children.

SECTION 46.Implementing Rules and Regulations.

Within six (6) months from the approval of this Act,the DOJ, the NCRFW, the DSWD, the DILG, theDOH, and the PNP, and three (3) representativesfrom NGOs to be identified by the NCRFW, shallpromulgate the Implementing Rules and Regulations(IRR) of this Act.

SECTION 47.Suppletory Application For purposesof this Act, the Revised Penal Code and otherapplicable laws, shall have suppletory application.

SECTION 48.Separability Clause. If any section orprovision of this Act is held unconstitutional orinvalid, the other sections or provisions shall not beaffected.

SECTION 49.Repealing Clause All laws,Presidential decrees, executive orders and rules andregulations, or parts thereof, inconsistent with theprovisions of this Act are hereby repealed ormodified accordingly.

SECTION 50.EffectivityThis Act shall take effectfifteen (15) days from the date of its completepublication in at least two (2) newspapers of generalcirculation.

Approved:

JOSE DE VENECIA JR.Speaker of the House of

Representatives

FRANKLIN DRIPresident of the S

This Act, which is a consolidation of Senate Bill No.2723 and House Bill Nos. 5516 and 6054, was finallypassed by the Senate and the House ofRepresentatives on January 29, 2004 and February2, 2004, respectively.

ROBERTO P. NAZARENOSecretary General

House of Represenatives

OSCAR G. YABSecretary of Sen

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYOPresident of the Philippines


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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Thirteenth CongressThird Regular Session

Begun and held in Metro Manila, on Monday, thenineteenth day of February, two thousand seven.

REPUBLIC ACT NO. 9372March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECTOUR PEOPLE FROM TERRORISM

Be it enacted by the Senate and the House ofRepresentatives of the Philippines in Congressassembled:

Section 1. Short Title. - This Act shall henceforthbe 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 propertyfrom acts of terrorism, to condemn terrorism asinimical and dangerous to the national security of thecountry and to the welfare of the people, and tomake terrorism a crime against the Filipino people,against humanity, and against the law of nations.

In the implementation of the policy stated above, theState shall uphold the basic rights and fundamentalliberties of the people as enshrined in theConstitution.

The State recognizes that the fight against terrorismrequires a comprehensive approach, comprisingpolitical, economic, diplomatic, military, and legal

means duly taking into account the root causes ofterrorism without acknowledging these as

justifications for terrorist and/or criminal activities.Such measures shall include conflict managementand post-conflict peace-building, addressing theroots of conflict by building state capacity andpromoting equitable economic development.

Nothing in this Act shall be interpreted as acurtailment, restriction or diminution ofconstitutionally recognized powers of the executivebranch of the government. It is to be understood,however that the exercise of the constitutionallyrecognized powers of the executive department of

the government shall not prejudice respect forhuman rights which shall be absolute and protectedat all times.

Sec. 3. Terrorism.- Any person who commits an actpunishable under any of the following provisions ofthe Revised Penal Code:

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

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d' Etat), including actscommitted by private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious IllegalDetention);

f. Article 324 (Crimes Involving Destruction), orunder

1. Presidential Decree No. 1613 (The Law onArson);

2. Republic Act No. 6969 (Toxic Substances and

Hazardous and Nuclear Waste Control Act of 1990);3. Republic Act No. 5207, (Atomic EnergyRegulatory and Liability Act of 1968);

4. Republic Act No. 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,

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

thereby sowing and creating a condition ofwidespread and extraordinary fear and panic amongthe populace, in order to coerce the government togive in to an unlawful demand shall be guilty of thecrime of terrorism and shall suffer the penalty of forty(40) years of imprisonment, without the benefit ofparole as provided for under Act No. 4103, otherwiseknown as the Indeterminate Sentence Law, asamended.

Sec. 4. Conspiracy to Commit Terrorism. -Persons who conspire to commit the crime ofterrorism shall suffer the penalty of forty (40) yearsof imprisonment.

There is conspiracy when two or more persons

come to an agreement concerning the commissionof the crime of terrorism as defined in Sec. 3 hereofand decide to commit the same.

Sec. 5.Accomplice. - Any person who, not being aprincipal under Article 17 of the Revised Penal Codeor a conspirator as defined in Sec. 4 hereof,cooperates in the execution of either the crime ofterrorism or conspiracy to commit terrorism byprevious or simultaneous acts shall suffer thepenalty of from seventeen (17) years, four monthsone day to twenty (20) years of imprisonment.

Sec. 6.Accessory. - Any person who, havingknowledge of the commission of the crime of

terrorism or conspiracy to commit terrorism, andwithout having participated therein, either asprincipal or accomplice under Articles 17 and 18 ofthe Revised Penal Code, takes part subsequent toits commission in any of the following manner: (a) byprofiting himself or assisting the offender to profit bythe effects of the crime; (b) by concealing ordestroying the body of the crime, or the effects, orinstruments thereof, in order to prevent its discovery(c) by harboring, concealing, or assisting in theescape of the principal or conspirator of the crime,shall suffer the penalty of ten (10) years and one dayto twelve (12) years of imprisonment.


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Notwithstanding the above paragraph, the penaltiesprescribed for accessories shall not be imposedupon those who are such with respect to theirspouses, ascendants, descendants, legitimate,natural, and adopted brothers and sisters, orrelatives by affinity within the same degrees, with thesingle exception of accessories falling within theprovisions of subparagraph (a).

Sec. 7. Surveillance of Suspects andInterception and Recording of Communications.-The provisions of Republic Act No. 4200 (Anti-WireTapping Law) to the contrary notwithstanding, apolice or law enforcement official and the membersof his team may, upon a written order of the Court ofAppeals, listen to, intercept and record, with the useof any mode, form, kind or type of electronic or othersurveillance equipment or intercepting and trackingdevices, or with the use of any other suitable waysand means for that purpose, any communication,message, conversation, discussion, or spoken orwritten words between members of a judiciallydeclared and outlawed terrorist organization,association, or group of persons or of any person

charged with or suspected of the crime of terrorismor conspiracy to commit terrorism.

Provided, That surveillance, interception andrecording of communications between lawyers andclients, doctors and patients, journalists and theirsources and confidential business correspondenceshall not be authorized.

Sec. 8. Formal Application for JudicialAuthorization. - The written order of the authorizingdivision of the Court of Appeals to track down, tap,listen to, intercept, and record communications,messages, conversations, discussions, or spoken orwritten words of any person suspected of the crime

of terrorism or the crime of conspiracy to committerrorism shall only be granted by the authorizingdivision of the Court of Appeals upon an ex partewritten application of a police or of a lawenforcement official who has been duly authorized inwriting by the Anti-Terrorism Council created in Sec.53 of this Act to file such ex parte application, andupon examination under oath or affirmation of theapplicant and the witnesses he may produce toestablish: (a) that there is probable cause to believebased on personal knowledge of facts orcircumstances that the said crime of terrorism orconspiracy 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 onpersonal knowledge of facts or circumstances thatevidence, which is essential to the conviction of anycharged or suspected person for, or to the solutionor prevention of, any such crimes, will be obtained;and, (c) that there is no other effective means readilyavailable for acquiring such evidence.

Sec. 9. Classification and Contents of the Orderof the Court. - The written order granted by theauthorizing division of the Court of Appeals as wellas its order, if any, to extend or renew the same, theoriginal application of the applicant, including his

application to extend or renew, if any, and the writtenauthorizations of the Anti-Terrorism Council shall bedeemed and are hereby declared as classifiedinformation: Provided, That the person beingsurveilled or whose communications, letters, papers,messages, conversations, discussions, spoken orwritten words and effects have been monitored,listened to, bugged or recorded by law enforcementauthorities has the right to be informed of the actsdone by the law enforcement authorities in the

premises or to challenge, if he or she intends to doso, the legality of the interference before the Court ofAppeals which issued the written order. The writtenorder of the authorizing division of the Court ofAppeals shall specify the following: (a) the identity,such as name and address, if known, of the chargedor suspected person whose communications,messages, conversations, discussions, or spoken orwritten words are to be tracked down, tapped,listened to, intercepted, and recorded and, in thecase of radio, electronic, or telephonic (whetherwireless or otherwise) communications, messages,conversations, discussions, or spoken or writtenwords, the electronic transmission systems or thetelephone numbers to be tracked down, tapped,listened to, intercepted, and recorded and theirlocations or if the person suspected of the crime ofterrorism or conspiracy to commit terrorism is notfully known, such person shall be subject tocontinuous surveillance provided there is areasonable ground to do so; (b) the identity (name,address, and the police or law enforcementorganization) of the police or of the law enforcementofficial, including the individual identity (names,addresses, and the police or law enforcementorganization) of the members of his team, judiciallyauthorized to track down, tap, listen to, intercept,

and record the communications, messages,conversations, discussions, or spoken or writtenwords; (c) the offense or offenses committed, orbeing committed, or sought to be prevented; and, (d)the length of time within which the authorization shalbe used or carried out.

Sec. 10. Effective Period of JudicialAuthorization. - Any authorization granted by theauthorizing division of the Court of Appeals,pursuant to Sec. 9(d) of this Act, shall only beeffective for the length of time specified in the writtenorder of the authorizing division of the Court ofAppeals, which shall not exceed a period of thirty(30) days from the date of receipt of the written orderof the authorizing division of the Court of Appeals bythe applicant police or law enforcement official.

The authorizing division of the Court of Appeals mayextend or renew the said authorization for anothernon-extendible period, which shall not exceed thirty(30) days from the expiration of the original period:Provided, That the authorizing division of the Courtof Appeals is satisfied that such extension orrenewal is in the public interest: and Provided,further, That the ex parte application for extension orrenewal, which must be filed by the original


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applicant, has been duly authorized in writing by theAnti-Terrorism Council.

In case of death of the original applicant or in casehe is physically disabled to file the application forextension or renewal, the one next in rank to theoriginal applicant among the members of the teamnamed in the original written order of the authorizingdivision of the Court of Appeals shall file theapplication for extension or renewal: Provided, That,without prejudice to the liability of the police or lawenforcement personnel under Sec. 20 hereof, theapplicant police or law enforcement official shallhave thirty (30) days after the termination of theperiod granted by the Court of Appeals as providedin the preceding paragraphs within which to file theappropriate case before the Public Prosecutor'sOffice for any violation of this Act.

If no case is filed within the thirty (30)-day period, theapplicant police or law enforcement official shallimmediately notify the person subject of thesurveillance, interception and recording of thetermination of the said surveillance, interception andrecording. The penalty of ten (10) years and one day

to twelve (12) years of imprisonment shall beimposed upon the applicant police or lawenforcement official who fails to notify the personsubject of the surveillance, monitoring, interceptionand recording as specified above.

Sec. 11. Custody of Intercepted and RecordedCommunications. - All tapes, discs, and recordingsmade pursuant to the authorization of the authorizingdivision of the Court of Appeals, including allexcerpts and summaries thereof as well as allwritten notes or memoranda made in connectiontherewith, shall, within forty-eight (48) hours after theexpiration of the period fixed in the written order of

the authorizing division of the Court of Appeals orwithin forty-eight (48) hours after the expiration ofany extension or renewal granted by the authorizingdivision of the Court of Appeals, be deposited withthe authorizing Division of the Court of Appeals in asealed envelope or sealed package, as the casemay be, and shall be accompanied by a jointaffidavit of the applicant police or law enforcementofficial and the members of his team.

In case of death of the applicant or in case he isphysically disabled to execute the required affidavit,the one next in rank to the applicant among themembers of the team named in the written order of

the authorizing division of the Court of Appeals shallexecute with the members of the team that requiredaffidavit.

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

Any person who removes, deletes, expunges,incinerates, shreds or destroys the items

enumerated above shall suffer a penalty of not lessthan six years and one day to twelve (12) years ofimprisonment.

Sec. 12. Contents of Joint Affidavit. - The jointaffidavit of the police or of the law enforcementofficial and the individual members of his team shallstate: (a) the number of tapes, discs, and recordingsthat have been made, as well as the number ofexcerpts and summaries thereof and the number ofwritten notes and memoranda, if any, made inconnection therewith; (b) the dates and timescovered by each of such tapes, discs, andrecordings; (c) the number of tapes, discs, andrecordings, as well as the number of excerpts andsummaries thereof and the number of written notesand memoranda made in connection therewith thathave been included in the deposit; and (d) the dateof the original written authorization granted by theAnti-Terrorism Council to the applicant to file the exparte application to conduct the tracking down,tapping, intercepting, and recording, as well as thedate of any extension or renewal of the originalwritten authority granted by the authorizing division

of the Court of Appeals.The joint affidavit shall also certify under oath that noduplicates or copies of the whole or any part of anyof such tapes, discs, and recordings, and that noduplicates or copies of the whole or any part of anyof such excerpts, summaries, written notes, andmemoranda, have been made, or, if made, that allsuch duplicates and copies are included in thesealed envelope or sealed package, as the casemay be, deposited with the authorizing division ofthe Court of Appeals.

It shall be unlawful for any person, police or lawenforcement official to omit or exclude from the joint

affidavit any item or portion thereof mentioned in thisSec. .

Any person, police or law enforcement officer whoviolates any of the acts prescribed in the precedingparagraph shall suffer the penalty of not less thanten (10) years and one day to twelve (12) years ofimprisonment.

Sec. 13. Disposition of Deposited Material. -Thesealed envelope or sealed package and the contentsthereof, which are deposited with the authorizingdivision of the Court of Appeals, shall be deemedand are hereby declared classified information, andthe sealed envelope or sealed package shall not be

opened and its contents (including the tapes, discs,and recordings and all the excerpts and summariesthereof and the notes and memoranda made inconnection therewith) shall not be divulged,revealed, read, replayed, or used as evidenceunless authorized by written order of the authorizingdivision of the Court of Appeals, which written ordershall be granted only upon a written application ofthe Department of Justice filed before theauthorizing division of the Court of Appeals and onlyupon a showing that the Department of Justice hasbeen duly authorized in writing by the Anti-TerrorismCouncil to file the application with proper written


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notice the person whose conversation,communication, message discussion or spoken orwritten words have been the subject of surveillance,monitoring, recording and interception to open,reveal, divulge, and use the contents of the sealedenvelope or sealed package as evidence.

Any person, law enforcement official or judicialauthority who violates his duty to notify in writing thepersons subject of the surveillance as defined aboveshall suffer the penalty of six years and one day toeight years of imprisonment.

Sec. 14.Application to Open Deposited SealedEnvelope or Sealed Package. - The writtenapplication with notice to the party concerned toopen the deposited sealed envelope or sealedpackage shall clearly state the purpose or reason:(a) for opening the sealed envelope or sealedpackage; (b) for revealing or disclosing its classifiedcontents; (c) for replaying, divulging, and or readingany of the listened to, intercepted, and recordedcommunications, messages, conversations,discussions, or spoken or written words (includingany of the excerpts and summaries thereof and any

of the notes or memoranda made in connectiontherewith); [ and, (d) for using any of said listened to,intercepted, and recorded communications,messages, conversations, discussions, or spoken orwritten words (including any of the excerpts andsummaries thereof and any of the notes ormemoranda made in connection therewith) asevidence.

Any person, law enforcement official or judicialauthority who violates his duty to notify as definedabove shall suffer the penalty of six years and oneday to eight years of imprisonment.

Sec. 15. Evidentiary Value of DepositedMaterials. - Any listened to, intercepted, andrecorded communications, messages,conversations, discussions, or spoken or writtenwords, or any part or parts thereof, or anyinformation or fact contained therein, including theirexistence, content, substance, purport, effect, ormeaning, which have been secured in violation ofthe pertinent provisions of this Act, shall absolutelynot be admissible and usable as evidence againstanybody in any judicial, quasi-judicial, legislative, oradministrative investigation, inquiry, proceeding, orhearing.

Sec. 16. Penalty for Unauthorized or Malicious

Interceptions and/or Recordings. - Any police orlaw enforcement personnel who, not beingauthorized to do so by the authorizing division of theCourt of Appeals, tracks down, taps, listens to,intercepts, and records in whatever manner or formany communication, message, conversation,discussion, or spoken or written word of a personcharged with or suspected of the crime of terrorismor the crime of conspiracy to commit terrorism shallbe guilty of an offense and shall suffer the penalty often (10) years and one day to twelve (12) years ofimprisonment.

In addition to the liability attaching to the offender forthe commission of any other offense, the penalty often (10) years and one day to twelve (12) years ofimprisonment and the accessory penalty ofperpetual absolute disqualification from public officeshall be imposed upon any police or lawenforcement personnel who maliciously obtained anauthority from the Court of Appeals to track down,tap, listen to, intercept, and record in whatevermanner or form any communication, message,

conversation, discussion, or spoken or written wordsof a person charged with or suspected of the crimeof terrorism or conspiracy to commit terrorism:Provided, That notwithstanding Sec. 13 of this Act,the party aggrieved by such authorization shall beallowed access to the sealed envelope or sealedpackage and the contents thereof as evidence forthe prosecution of any police or law enforcementpersonnel who maliciously procured saidauthorization.

Sec. 17. Proscription of Terrorist Organizations,Association, or Group of Persons. - Anyorganization, 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 thisAct or to sow and create a condition of widespreadand extraordinary fear and panic among thepopulace in order to coerce the government to givein to an unlawful demand shall, upon application ofthe Department of Justice before a competentRegional Trial Court, with due notice and opportunityto be heard given to the organization, association, orgroup of persons concerned, be declared as aterrorist and outlawed organization, association, orgroup of persons by the said Regional Trial Court.

Sec. 18. Period of Detention Without JudicialWarrant of Arrest. - The provisions of Article 125 ofthe Revised Penal Code to the contrarynotwithstanding, any police or law enforcementpersonnel, who, having been duly authorized inwriting by the Anti-Terrorism Council has takencustody of a person charged with or suspected ofthe crime of terrorism or the crime of conspiracy tocommit terrorism shall, without incurring any criminaliability for delay in the delivery of detained personsto the proper judicial authorities, deliver said chargedor suspected person to the proper judicial authoritywithin a period of three days counted from themoment the said charged or suspected person has

been apprehended or arrested, detained, and takeninto custody by the said police, or law enforcementpersonnel: Provided, That the arrest of thosesuspected of the crime of terrorism or conspiracy tocommit terrorism must result from the surveillanceunder Sec. 7 and examination of bank depositsunder Sec. 27 of this Act.

The police or law enforcement personnel concernedshall, before detaining the person suspected of thecrime of terrorism, present him or her before any

judge at the latter's residence or office nearest theplace where the arrest took place at any time of theday or night. It shall be the duty of the judge, among


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other things, to ascertain the identity of the police orlaw enforcement personnel and the person orpersons they have arrested and presented beforehim or her, to inquire of them the reasons why theyhave arrested the person and determine byquestioning and personal observation whether or notthe suspect has been subjected to any physical,moral or psychological torture by whom and why.The judge shall then submit a written report of whathe/she had observed when the subject was brought

before him to the proper court that has jurisdictionover the case of the person thus arrested. The judgeshall forthwith submit his/her report within threecalendar days from the time the suspect wasbrought to his/her residence or office.

Immediately after taking custody of a personcharged with or suspected of the crime of terrorismor conspiracy to commit terrorism, the police or lawenforcement personnel shall notify in writing the

judge of the court nearest the place of apprehensionor arrest: Provided ,That where the arrest is madeduring Saturdays, Sundays, holidays or after officehours, the written notice shall be served at the

residence of the judge nearest the place where theaccused was arrested.

The penalty of ten (10) years and one day to twelve(12) years of imprisonment shall be imposed uponthe police or law enforcement personnel who fails tonotify and judge as Provided in the precedingparagraph.

Sec. 19. Period of Detention in the Event of anActual or Imminent Terrorist Attack. - In the eventof an actual or imminent terrorist attack, suspectsmay not be detained for more than three dayswithout the written approval of a municipal, city,provincial or regional official of a Human Rights

Commission or judge of the municipal, regional trialcourt, the Sandiganbayan or a justice of the Court ofAppeals nearest the place of the arrest. If the arrestis made during Saturdays, Sundays, holidays orafter office hours, the arresting police or lawenforcement personnel shall bring the person thusarrested to the residence of any of the officialsmentioned above that is nearest the place where theaccused was arrested. The approval in writing of anyof the said officials shall be secured by the police orlaw enforcement personnel concerned within fivedays after the date of the detention of the personsconcerned: Provided, however, That within threedays after the detention the suspects, whose

connection with the terror attack or threat is notestablished, shall be released immediately.

Sec. 20. Penalty for Failure to Deliver Suspect tothe Proper Judicial Authority within Three Days.- The penalty of ten (10) years and one day to twelve(12) years of imprisonment shall be imposed uponany police or law enforcement personnel who hasapprehended or arrested, detained and takencustody of a person charged with or suspected ofthe crime of terrorism or conspiracy to committerrorism and fails to deliver such charged or

suspected person to the proper judicial authoritywithin the period of three days.

Sec. 21. Rights of a Person under CustodialDetention. - The moment a person charged with orsuspected of the crime of terrorism or the crime ofconspiracy to commit terrorism is apprehended orarrested and detained, he shall forthwith beinformed, by the arresting police or law enforcementofficers or by the police or law enforcement officersto whose custody the person concerned is brought,of his or her right: (a) to be informed of the natureand cause of his arrest, to remain silent and to havecompetent and independent counsel preferably ofhis choice. If the person cannot afford the services ocounsel of his or her choice, the police or lawenforcement officers concerned shall immediatelycontact the free legal assistance unit of theIntegrated Bar of the Philippines (IBP) or the PublicAttorney's Office (PAO). It shall be the duty of thefree legal assistance unit of the IBP or the PAO thuscontacted to immediately visit the person(s) detainedand provide him or her with legal assistance. Theserights cannot be waived except in writing and in the

presence of the counsel of choice; (b) informed ofthe cause or causes of his detention in the presenceof his legal counsel; (c) allowed to communicatefreely with his legal counsel and to confer with themat any time without restriction; (d) allowed tocommunicate freely and privately without restrictionswith the members of his family or with his nearestrelatives and to be visited by them; and, (e) allowedfreely to avail of the service of a physician orphysicians of choice.

Sec. 22. Penalty for Violation of the Rights of aDetainee. - Any police or law enforcementpersonnel, or any personnel of the police or other

law enforcement custodial unit that violates any ofthe aforesaid rights of a person charged with orsuspected of the crime of terrorism or the crime ofconspiracy to commit terrorism shall be guilty of anoffense and shall suffer the penalty of ten (10) yearsand one day to twelve (12) years of imprisonment.

Unless the police or law enforcement personnel whoviolated the rights of a detainee or detainees asstated above is duly identified, the same penaltyshall be imposed on the police officer or hear orleader of the law enforcement unit having custody ofthe detainee at the time the violation was done.

Sec. 23. Requirement for an Official Custodial

Logbook and its Contents. - The police or otherlaw enforcement custodial unit in whose care andcontrol the person charged with or suspected of thecrime of terrorism or the crime of conspiracy tocommit terrorism has been placed under custodialarrest and detention shall keep a securely andorderly maintained official logbook, which is herebydeclared as a public document and opened to andmade available for .the inspection and scrutiny of thelawyer or lawyers of the person under custody orany member of his or her family or relative byconsanguinity or affinity within the fourth civil degreeor his or her physician at any time of the day or night


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without any form of restriction. The logbook shallcontain 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 forcustodial arrest and detention; (c) the name andaddress of the physician or physicians whoexamined him physically and medically; (d) the stateof his health and physical condition at the time of hisinitial admission for custodial detention; (e) the dateand 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) thename and address of the physician or physicianswho physically and medically examined him aftereach interrogation; (h) a summary of the physicaland medical findings on the detained person aftereach of such interrogation; (i) the names andaddresses of his family members and nearestrelatives, if any and if available; (j) the names andaddresses of persons, who visit the detained person;(k) the date and time of each of such visits; (1) thedate and time of each request of the detainedperson to communicate and confer with his legalcounsel or counsels; (m) the date and time of eachvisit, and date and time of each departure of hislegal counsel or counsels; and, (n) all otherimportant events bearing on and all relevant detailsregarding the treatment of the detained person whileunder custodial arrest and detention.

The said police or law enforcement custodial unitshall upon demand of the aforementioned lawyer orlawyers or members of the family or relatives withinthe fourth civil degree of consanguinity or affinity ofthe person under custody or his or her physicianissue a certified true copy of the entries of thelogbook relative to the concerned detained personwithout delay or restriction or requiring any fees

whatsoever including documentary stamp tax,notarial fees, and the like. This certified true copymay be attested by the person who has custody ofthe logbook or who allowed the party concerned toscrutinize it at the time the demand for the certifiedtrue copy is made.

The police or other law enforcement custodial unitwho fails to comply with the preceding paragraph tokeep an official logbook shall suffer the penalty often (10) years and one day to twelve (12) years ofimprisonment.

Sec. 24. No Torture or Coercion in Investigationand Interrogation. - No threat, intimidation, or

coercion, and no act which will inflict any form ofphysical pain or torment, or mental, moral, orpsychological pressure, on the detained person,which shall vitiate his freewill, shall be employed inhis investigation and interrogation for the crime ofterrorism or the crime of conspiracy to committerrorism; otherwise, the evidence obtained fromsaid detained person resulting from such threat,intimidation, or coercion, or from such inflictedphysical pain or torment, or mental, moral, orpsychological pressure, shall be, in its entirety,absolutely not admissible and usable as evidence inany judicial, quasi-judicial, legislative, or

administrative investigation, inquiry, proceeding, orhearing.

Sec. 25. Penalty for Threat, Intimidation,Coercion, or Torture in the Investigation andInterrogation of a Detained Person. - Any personor persons who use threat, intimidation, or coercion,or who inflict physical pain or torment, or mental,moral, or psychological pressure, which shall vitiatethe free-will of a charged or suspected person underinvestigation and interrogation for the crime ofterrorism or the crime of conspiracy to committerrorism shall be guilty of an offense and shall suffethe penalty of twelve (12) years and one day totwenty (20) years of imprisonment.

When death or serious permanent disability of saiddetained person occurs as a consequence of theuse of such threat, intimidation, or coercion, or as aconsequence of the infliction on him of such physicapain or torment, or as a consequence of the inflictionon him of such mental, moral, or psychologicalpressure, the penalty shall be twelve (12) years andone day to twenty (20) years of imprisonment.

Sec. 26. Restriction on Travel. - In cases whereevidence of guilt is not strong, and the personcharged with the crime of terrorism or conspiracy tocommit terrorism is entitled to bail and is granted thesame, the court, upon application by the prosecutor,shall limit the right of travel of the accused to withinthe municipality or city where he resides or wherethe case is pending, in the interest of nationalsecurity and public safety, consistent with Article III,Sec. 6 of the Constitution. Travel outside of saidmunicipality or city, without the authorization of thecourt, shall be deemed a violation of the terms andconditions of his bail, which shall then be forfeited asprovided under the Rules of Court.

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

While under house arrest, he or she may not usetelephones, cellphones, e-mails, computers, theinternet or other means of communications withpeople outside the residence until otherwise orderedby the court.

The restrictions abovementioned shall be terminatedupon the acquittal of the accused or of the dismissalof the case filed against him or earlier upon thediscretion of the court on motion of the prosecutor or

of the accused.Sec. 27. Judicial Authorization Required toExamine Bank Deposits, Accounts, and Records- The provisions of Republic Act No. 1405 asamended, to the contrary notwithstanding, the

justices of the Court of Appeals designated as aspecial court to handle anti-terrorism cases aftersatisfying themselves of the existence of probablecause in a hearing called for that purpose that: (1) aperson charged with or suspected of the crime ofterrorism or, conspiracy to commit terrorism, (2) of a

judicially declared and outlawed terroristorganization, association, or group of persons; and


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(3) of a member of such judicially declared andoutlawed organization, association, or group ofpersons, may authorize in writing any police or lawenforcement officer and the members of his/herteam duly authorized in writing by the anti-terrorismcouncil to: (a) examine, or cause the examination of,the deposits, placements, trust accounts, assets andrecords in a bank or financial institution; and (b)gather or cause the gathering of any relevantinformation about such deposits, placements, trust

accounts, assets, and records from a bank orfinancial institution. The bank or financial institutionconcerned, shall not refuse to allow suchexamination or to provide the desired information,when so, ordered by and served with the writtenorder of the Court of Appeals.

Sec. 28.Application to Examine Bank Deposits,Accounts, and Records . - The written order of theCourt of Appeals authorizing the examination ofbank deposits, placements, trust accounts, assets,and records: (1) of a person charged with orsuspected of the crime of terrorism or conspiracy tocommit terrorism; (2) of any judicially declared and

outlawed terrorist organization, association, or groupof persons, or (3) of any member of suchorganization, association, or group of persons in abank or financial institution, and the gathering of anyrelevant information about the same from said bankor financial institution, shall only be granted by theauthorizing division of the Court of Appeals upon anex parte application to that effect of a police or of alaw enforcement official who has been dulyauthorized in writing to file such ex parte applicationby the Anti-Terrorism Council created in Sec. 53 ofthis Act to file such ex parte application, and uponexamination under oath or affirmation of theapplicant and, the witnesses he may produce to

establish the facts that will justify the need andurgency of examining and freezing the bankdeposits, placements, trust accounts, assets, andrecords: (1) of the person charged with or suspectedof the crime of terrorism or conspiracy to committerrorism; (2) of a judicially declared and outlawedterrorist organization, association or group ofpersons; or (3) of any member of such organization,association, or group of persons.

Sec. 29. Classification and Contents of the CourtOrder Authorizing the Examination of BankDeposits, Accounts, and Records. - The writtenorder granted by the authorizing division of the Court

of Appeals as well as its order, if any, to extend orrenew the same, the original ex parte application ofthe applicant, including his ex parte application toextend or renew, if any, and the writtenauthorizations of the Anti-Terrorism Council, shall bedeemed and are hereby declared as classifiedinformation: Provided, That the person whose bankdeposits, placements, trust accounts, assets, andrecords have been examined, frozen, sequesteredand seized by law enforcement authorities has theright to be informed of the acts done by the lawenforcement authorities in the premises or tochallenge, if he or she intends to do so, the legality

of the interference. The written order of theauthorizing division of the Court of Appealsdesignated to handle cases involving terrorism shallspecify: (a) the identify of the said: (1) personcharged with or suspected of the crime of terrorismor conspiracy to commit terrorism; (2) judiciallydeclared and outlawed terrorist organization,association, or group of persons; and (3) member ofsuch 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 theinformation to be gathered; (b) the identity of thebank or financial Institution where such deposits,placements, trust accounts, assets, and records areheld and maintained; (c) the identity of the personswho will conduct the said examination and thegathering of the desired information; and, (d) thelength of time the authorization shall be carried out.

Sec. 30. Effective Period of Court Authorizationto Examine and Obtain Information on BankDeposits, Accounts, and Records. - Theauthorization issued or granted by the authorizing

division of the Court of Appeals to examine or causethe examination of and to freeze bank deposits,placements, trust accounts, assets, and records, orto gather information about the same, shall beeffective for the length of time specified in the writtenorder of the authorizing division of the Court ofAppeals, which shall not exceed a period of thirty(30) days from the date of receipt of the written orderof the authorizing division of the Court of Appeals bythe applicant police or law enforcement official.

The authorizing division of the Court of Appeals mayextend or renew the said authorization for anotherperiod, which shall not exceed thirty (30) days

renewable to another thirty (30) days from theexpiration of the original period: Provided, That theauthorizing division of the Court of Appeals issatisfied that such extension or renewal is in thepublic interest: and, Provided, further, That theapplication for extension or renewal, which must befiled by the original applicant, has been dulyauthorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in casehe is physically disabled to file the application forextension or renewal, the one next in rank to theoriginal applicant among the members of the reamnamed in the original written order of the authorizingdivision of the Court of Appeals shall file the

application for extension or renewal: Provided, That,without prejudice to the liability of the police or lawenforcement personnel under Sec. 19 hereof, theapplicant police or law enforcement official shallhave thirty (30) days after the termination of theperiod granted by the Court of Appeals as providedin the preceding paragraphs within which to file theappropriate case before the Public Prosecutor'sOffice for any violation of this Act.

If no case is filed within the thirty (30)-day period, theapplicant police or law enforcement official shallimmediately notify in writing the person subject of


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reports, or documents acquired from theexamination of the bank deposits, placements, trustaccounts, assets and records of: (1) a personcharged or suspected of the crime of terrorism or thecrime of conspiracy to commit terrorism; (2) a

judicially declared and outlawed terroristorganization, association, or group of persons; or (3)a member of such organization, association, orgroup of persons, which have been secured inviolation of the provisions of this Act, shall absolutely

not be admissible and usable as evidence againstanybody in any judicial, quasi-judicial, legislative, oradministrative investigation, inquiry, proceeding, orhearing.

Sec. 36. Penalty for Unauthorized or MaliciousExamination of a Bank or a Financial Institution.- Any person, police or law enforcement personnelwho examines the deposits, placements, trustaccounts, assets, or records in a bank or financialinstitution of: (1) a person charged with or suspectedof the crime of terrorism or the crime of conspiracy tocommit terrorism; (2) a judicially declared andoutlawed terrorist organization, association, or group

of persons; or (3) a member of such organization,association, or group of persons, without beingauthorized to do so by the Court of Appeals, shall beguilty of an offense and shall suffer the penalty of ten(10) years and one day to twelve (12) years ofimprisonment.

In addition to the liability attaching to the offender forthe commission of any other offense, the penalty often (10) years and one day to twelve (12) years ofimprisonment shall be imposed upon any police orlaw enforcement personnel, who maliciouslyobtained an authority from the Court of Appeals toexamine the deposits, placements, trust accounts,

assets, or records in a bank or financial institution of:(1) a person charged with or suspected of the crimeof terrorism or conspiracy to commit terrorism; (2) a

judicially declared and outlawed terroristorganization, association, or group of persons; or (3)a member of such organization, association, orgroup of persons: Provided, That notwithstandingSec. 33 of this Act, the party aggrieved by suchauthorization shall upon motion duly filed be allowedaccess to the sealed envelope or sealed packageand the contents thereof as evidence for theprosecution of any police or law enforcementpersonnel who maliciously procured saidauthorization.

Sec. 37. Penalty of Bank Officials andEmployees Defying a Court Authorization. - Anemployee, official, or a member of the board ofdirectors of a bank or financial institution, whorefuses to allow the examination of the deposits,placements, trust accounts, assets, and records of:(1) a person charged with or suspected of the crimeof terrorism or the crime of conspiracy to committerrorism; (2) a judicially declared and outlawedorganization, association, or group of persons; or (3)a member of such judicially declared and outlawedorganization, association, or group of persons in saidbank or financial institution, when duly served with

the written order of the authorizing division of theCourt of Appeals, shall be guilty of an offense andshall suffer the penalty of ten (10) years and one dayto twelve (12) years of imprisonment.

Sec. 38. Penalty for False or UntruthfulStatement or Misrepresentation of Material Factin Joint Affidavits. - Any false or untruthfulstatement or misrepresentation of material fact in the

joint affidavits required respectively in Sec. 12 andSec. 32 of this Act shall constitute a criminal offenseand the affiants shall suffer individually the penalty oten (10) years and one day to twelve (12) years ofimprisonment.

Sec. 39. Seizure and Sequestration. - Thedeposits and their outstanding balances,placements, trust accounts, assets, and records inany bank or financial institution, moneys,businesses, transportation and communicationequipment, supplies and other implements, andproperty of whatever kind and nature belonging: (1)to any person suspected of or charged before acompetent Regional Trial Court for the crime ofterrorism or the crime of conspiracy to commit

terrorism; (2) to a judicially declared and outlawedorganization, association, or group of persons; or (3)to a member of such organization, association, orgroup of persons shall be seized, sequestered, andfrozen in order to prevent their use, transfer, orconveyance for purposes that are inimical to thesafety and security of the people or injurious to theinterest of the State.

The accused or a person suspected of may withdrawsuch sums as may be reasonably needed by themonthly needs of his family including the services ofhis or her counsel and his or her family's medicalneeds upon approval of the court. He or she may

also use any of his property that is under seizure orsequestration or frozen because of his/herindictment as a terrorist upon permission of the courtfor any legitimate reason.

Any person who unjustifiably refuses to follow theorder of the proper division of the Court of Appealsto allow the person accused of the crime of terrorismor of the crime of conspiracy to commit terrorism towithdraw such sums from sequestered or frozendeposits, placements, trust accounts, assets andrecords as may be necessary for the regularsustenance of his/her family or to use any of his/herproperty that has been seized, sequestered or

frozen for legitimate purposes while his/her case ispending shall suffer the penalty of ten (10) years andone day to twelve (12) years of imprisonment.

Sec. 40. Nature of Seized. Sequestered andFrozen Bank Deposits, Placements, Trust

Accounts, Assets and Records . - The seized,sequestered and frozen bank deposits, placements,trust accounts, assets and records belo

Documents

Human Securitization Act