Republic Act No.

9372

March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of
2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account the root
causes of terrorism without acknowledging these as justifications for terrorist and/or criminal
activities. Such measures shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and promoting equitable economic
development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally
recognized powers of the executive branch of the government. It is to be understood, however that
the exercise of the constitutionally recognized powers of the executive department of the
government shall not prejudice respect for human rights which shall be absolute and protected at all
times.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under

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

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit
of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law,
as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of
the crime of terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender to
profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The

provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of his team may, upon a written order of the
Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of
electronic or other surveillance equipment or intercepting and tracking devices, or with the use of
any other suitable ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business correspondence
shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the authorizing
division of the Court of Appeals to track down, tap, listen to, intercept, and record communications,
messages, conversations, discussions, or spoken or written words of any person suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte written application of a police or of a
law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council
created in Section 53 of this Act to file such ex parte application, and upon examination under oath
or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is
probable cause to believe based on personal knowledge of facts or circumstances that the said
crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or
is about to be committed; (b) that there is probable cause to believe based on personal knowledge of
facts or circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c)
that there is no other effective means readily available for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. - The written order granted by the
authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same,
the original application of the applicant, including his application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as
classified information: Provided, That the person being surveilled or whose communications, letters,
papers, messages, conversations, discussions, spoken or written words and effects have been
monitored, listened to, bugged or recorded by law enforcement authorities has the right to be
informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or
she intends to do so, the legality of the interference before the Court of Appeals which issued the
written order. The written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or suspected person
whose communications, messages, conversations, discussions, or spoken or written words are to be
tracked down, tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or
telephonic (whether wireless or otherwise) communications, messages, conversations, discussions,
or spoken or written words, the electronic transmission systems or the telephone numbers to be
tracked down, tapped, listened to, intercepted, and recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known, such person

shall be subject to continuous surveillance provided there is a reasonable ground to do so; (b) the
identity (name, address, and the police or law enforcement organization) of the police or of the law
enforcement official, including the individual identity (names, addresses, and the police or law
enforcement organization) of the members of his team, judicially authorized to track down, tap, listen
to, intercept, and record the communications, messages, conversations, discussions, or spoken or
written words; (c) the offense or offenses committed, or being committed, or sought to be prevented;
and, (d) the length of time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the authorizing
division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only be effective for the
length of time specified in the written order of the authorizing division of the Court of Appeals, which
shall not exceed a period of thirty (30) days from the date of receipt of the written order of the
authorizing division of the Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for
another non-extendible period, which shall not exceed thirty (30) days from the expiration of the
original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such
extension or renewal is in the public interest: and Provided, further, That the ex parte application for
extension or renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the members of the team
named in the original written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the liability of the police or
law enforcement personnel under Section 20 hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official
shall immediately notify the person subject of the surveillance, interception and recording of the
termination of the said surveillance, interception and recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law
enforcement official who fails to notify the person subject of the surveillance, monitoring, interception
and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes, discs, and
recordings made pursuant to the authorization of the authorizing division of the Court of Appeals,
including all excerpts and summaries thereof as well as all written notes or memoranda made in
connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after
the expiration of any extension or renewal granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or
sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant
police or law enforcement official and the members of his team.

In case of death of the applicant or in case he is physically disabled to execute the required affidavit,
the one next in rank to the applicant among the members of the team named in the written order of
the authorizing division of the Court of Appeals shall execute with the members of the team that
required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording,
and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove,
delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or
in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years and one day to twelve (12) years of
imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of the law enforcement
official and the individual members of his team shall state: (a) the number of tapes, discs, and
recordings that have been made, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda, if any, made in connection therewith; (b) the dates and
times covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, and
recordings, as well as the number of excerpts and summaries thereof and the number of written
notes and memoranda made in connection therewith that have been included in the deposit; and (d)
the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to
file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as
well as the date of any extension or renewal of the original written authority granted by the
authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of
any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of
any of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that
all such duplicates and copies are included in the sealed envelope or sealed package, as the case
may be, deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint
affidavit any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts prescribed in the
preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified information, and the sealed envelope or sealed package
shall not be opened and its contents (including the tapes, discs, and recordings and all the excerpts
and summaries thereof and the notes and memoranda made in connection therewith) shall not be
divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the
authorizing division of the Court of Appeals, which written order shall be granted only upon a written

application of the Department of Justice filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has been duly authorized in writing by the
Anti-Terrorism Council to file the application with proper written notice the person whose
conversation, communication, message discussion or spoken or written words have been the
subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing the
persons subject of the surveillance as defined above shall suffer the penalty of six years and one
day to eight years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. - The written
application with notice to the party concerned to open the deposited sealed envelope or sealed
package shall clearly state the purpose or reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing or disclosing its classified contents; (c) for replaying, divulging, and or
reading any of the listened to, intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the excerpts and summaries thereof and
any of the notes or memoranda made in connection therewith); [ and, (d) for using any of said
listened to, intercepted, and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries thereof and any of the notes
or memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words, or any part or
parts thereof, or any information or fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been secured in violation of the pertinent
provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. - Any police
or law enforcement personnel who, not being authorized to do so by the authorizing division of the
Court of Appeals, tracks down, taps, listens to, intercepts, and records in whatever manner or form
any communication, message, conversation, discussion, or spoken or written word of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of ten (10) years and one day to twelve (12) years of imprisonment and the accessory
penalty of perpetual absolute disqualification from public office shall be imposed upon any police or
law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in whatever manner or form any communication, message,
conversation, discussion, or spoken or written words of a person charged with or suspected of the

crime of terrorism or conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of

this Act, the party aggrieved by such authorization shall be allowed access to the sealed envelope or
sealed package and the contents thereof as evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any
organization, association, or group of persons organized for the purpose of engaging in terrorism, or
which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this
Act or to sow and create a condition of widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlawful demand shall, upon application
of the Department of Justice before a competent Regional Trial Court, with due notice and
opportunity to be heard given to the organization, association, or group of persons concerned, be
declared as a terrorist and outlawed organization, association, or group of persons by the said
Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article 125
of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken
custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver said charged or suspected person to the proper
judicial authority within a period of three days counted from the moment the said charged or
suspected person has been apprehended or arrested, detained, and taken into custody by the said
police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of
terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of
the crime of terrorism, present him or her before any judge at the latter's residence or office nearest
the place where the arrest took place at any time of the day or night. It shall be the duty of the judge,
among other things, to ascertain the identity of the police or law enforcement personnel and the
person or persons they have arrested and presented before him or her, to inquire of them the
reasons why they have arrested the person and determine by questioning and personal observation
whether or not the suspect has been subjected to any physical, moral or psychological torture by
whom and why. The judge shall then submit a written report of what he/she had observed when the
subject was brought before him to the proper court that has jurisdiction over the case of the person
thus arrested. The judge shall forthwith submit his/her report within three calendar days from the
time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the
judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is
made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at
the residence of the judge nearest the place where the accused was arrested.

The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed
upon the police or law enforcement personnel who fails to notify and judge as Provided in the
preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the
event of an actual or imminent terrorist attack, suspects may not be detained for more than three
days without the written approval of a municipal, city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police or law enforcement personnel shall bring the
person thus arrested to the residence of any of the officials mentioned above that is nearest the
place where the accused was arrested. The approval in writing of any of the said officials shall be
secured by the police or law enforcement personnel concerned within five days after the date of the
detention of the persons concerned: Provided, however, That within three days after the detention
the suspects, whose connection with the terror attack or threat is not established, shall be released
immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three
Days. - The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel who has apprehended or arrested, detained
and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or suspected person to the proper judicial
authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or
arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement
officers or by the police or law enforcement officers to whose custody the person concerned is
brought, of his or her right: (a) to be informed of the nature and cause of his arrest, to remain silent
and to have competent and independent counsel preferably of his choice. If the person cannot afford
the services of counsel of his or her choice, the police or law enforcement officers concerned shall
immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the
Public Attorney's Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the
PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal
assistance. These rights cannot be waived except in writing and in the presence of the counsel of
choice; (b) informed of the cause or causes of his detention in the presence of his legal counsel; (c)
allowed to communicate freely with his legal counsel and to confer with them at any time without
restriction; (d) allowed to communicate freely and privately without restrictions with the members of
his family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of
the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law enforcement
personnel, or any personnel of the police or other law enforcement custodial unit that violates any of
the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.

Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as
stated above is duly identified, the same penalty shall be imposed on the police officer or hear or
leader of the law enforcement unit having custody of the detainee at the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The police or other
law enforcement custodial unit in whose care and control the person charged with or suspected of
the crime of terrorism or the crime of conspiracy to commit terrorism has been placed under
custodial arrest and detention shall keep a securely and orderly maintained official logbook, which is
hereby declared as a public document and opened to and made available for .the inspection and
scrutiny of the lawyer or lawyers of the person under custody or any member of his or her family or
relative by consanguinity or affinity within the fourth civil degree or his or her physician at any time of
the day or night without any form of restriction. The logbook shall contain a clear and concise record
of: (a) the name, description, and address of the detained person; (b) the date and exact time of his
initial admission for custodial arrest and detention; (c) the name and address of the physician or
physicians who examined him physically and medically; (d) the state of his health and physical
condition at the time of his initial admission for custodial detention; (e) the date and time of each
removal of the detained person from his cell for interrogation or for any purpose; (f) the date and
time of his return to his cell; (g) the name and address of the physician or physicians who physically
and medically examined him after each interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such interrogation; (i) the names and addresses of his
family members and nearest relatives, if any and if available; (j) the names and addresses of
persons, who visit the detained person; (k) the date and time of each of such visits; (1) the date and
time of each request of the detained person to communicate and confer with his legal counsel or
counsels; (m) the date and time of each visit, and date and time of each departure of his legal
counsel or counsels; and, (n) all other important events bearing on and all relevant details regarding
the treatment of the detained person while under custodial arrest and detention.
The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer
or lawyers or members of the family or relatives within the fourth civil degree of consanguinity or
affinity of the person under custody or his or her physician issue a certified true copy of the entries of
the logbook relative to the concerned detained person without delay or restriction or requiring any
fees whatsoever including documentary stamp tax, notarial fees, and the like. This certified true copy
may be attested by the person who has custody of the logbook or who allowed the party concerned
to scrutinize it at the time the demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding paragraph
to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years
of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No threat, intimidation, or
coercion, and no act which will inflict any form of physical pain or torment, or mental, moral, or
psychological pressure, on the detained person, which shall vitiate his freewill, shall be employed in
his investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit
terrorism; otherwise, the evidence obtained from said detained person resulting from such threat,
intimidation, or coercion, or from such inflicted physical pain or torment, or mental, moral, or

psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. - Any person or persons who use threat, intimidation, or
coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which
shall vitiate the free-will of a charged or suspected person under investigation and interrogation for
the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and
shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a consequence of the
use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such
physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or
psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20) years of
imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person
charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted
the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused
to within the municipality or city where he resides or where the case is pending, in the interest of
national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the authorization of the court, shall be deemed a violation
of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of
Court.
He/she may also be placed under house arrest by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the
internet or other means of communications with people outside the residence until otherwise ordered
by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the
dismissal of the case filed against him or earlier upon the discretion of the court on motion of the
prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and
Records. - The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding,
the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1)
a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2)
of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3)
of a member of such judicially declared and outlawed organization, association, or group of persons,
may authorize in writing any police or law enforcement officer and the members of his/her team duly
authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the
deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b)

gather or cause the gathering of any relevant information about such deposits, placements, trust
accounts, assets, and records from a bank or financial institution. The bank or financial institution
concerned, shall not refuse to allow such examination or to provide the desired information, when
so, ordered by and served with the written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The written order of
the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts,
assets, and records: (1) of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization,
association, or group of persons, or (3) of any member of such organization, association, or group of
persons in a bank or financial institution, and the gathering of any relevant information about the
same from said bank or financial institution, shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement
official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts
that will justify the need and urgency of examining and freezing the bank deposits, placements, trust
accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism; (2) of a judicially declared and outlawed terrorist organization,
association or group of persons; or (3) of any member of such organization, association, or group of
persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank
Deposits, Accounts, and Records. - The written order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to extend or renew the same, the original ex parte
application of the applicant, including his ex parte application to extend or renew, if any, and the
written authorizations of the Anti-Terrorism Council, shall be deemed and are hereby declared as
classified information: Provided, That the person whose bank deposits, placements, trust accounts,
assets, and records have been examined, frozen, sequestered and seized by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities in the
premises or to challenge, if he or she intends to do so, the legality of the interference. The written
order of the authorizing division of the Court of Appeals designated to handle cases involving
terrorism shall specify: (a) the identify of the said: (1) person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism; (2) judicially declared and outlawed terrorist
organization, association, or group of persons; and (3) member of such judicially declared and
outlawed organization, association, or group of persons, as the case may be. whose deposits,
placements, trust accounts, assets, and records are to be examined or the information to be
gathered; (b) the identity of the bank or financial Institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the identity of the persons who will
conduct the said examination and the gathering of the desired information; and, (d) the length of time
the authorization shall be carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank
Deposits, Accounts, and Records. - The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits,
placements, trust accounts, assets, and records, or to gather information about the same, shall be

effective for the length of time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written
order of the authorizing division of the Court of Appeals by the applicant police or law enforcement
official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for
another period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the
expiration of the original period: Provided, That the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the public interest: and, Provided, further, That the
application for extension or renewal, which must be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the members of the ream
named in the original written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the liability of the police or
law enforcement personnel under Section 19 hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the period granted by the Court of Appeals as
provided in the preceding paragraphs within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official
shall immediately notify in writing the person subject of the bank examination and freezing of bank
deposits, placements, trust accounts, assets and records. The penalty of ten (10) years and one day
to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement
official who fails to notify in writing the person subject of the bank examination and freezing of bank
deposits, placements, trust accounts, assets and records.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits,
Placements, Trust Accounts, Assets and Records. - All information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and other documents obtained from the examination of
the bank deposits, placements, trust accounts, assets and records of: (1) a person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or (3) a member of
any such organization, association, or group of persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or
within forty-eight (48) hours after the expiration of the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing division of the Court of
Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by
a joint affidavit of the applicant police or law enforcement official and the persons who actually
conducted the examination of said bank deposits, placements, trust accounts, assets and records.

SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the identifying marks,
numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined; (b)
the identity and address of the bank or financial institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and records discovered, examined, and frozen; (d) the
outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents,
records examined and placed in the sealed envelope or sealed package deposited with the
authorizing division of the Court of Appeals; (f) the date of the original written authorization granted
by the Anti-Terrorism Council to the applicant to file the ex parte Application to conduct the
examination of the said bank deposits, placements, trust accounts, assets and records, as well as
the date of any extension or renewal of the original written authorization granted by the authorizing
division of the Court of Appeals; and (g) that the items Enumerated were all that were found in the
bank or financial institution examined at the time of the completion of the examination.
The joint affidavit shall also certify under oath that no duplicates or copies of the information, data,
excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the
examination of the bank deposits, placements, trust accounts, assets and records have been made,
or, if made, that all such duplicates and copies are placed in the sealed envelope or sealed package
deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and information
obtained after examination of deposits, placements, trust accounts, assets and records to copy, to
remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years
of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified information and the sealed envelope or sealed package
shall not be opened and its contents shall not be divulged, revealed, read, or used as evidence
unless authorized in a written order of the authorizing division of the Court of Appeals, which written
order shall be granted only upon a written application of the Department of Justice filed before the
authorizing division of the Court of Appeals and only upon a showing that the Department of Justice
has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in
writing to the party concerned not later than three days before the scheduled opening, to open,
reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The written application, with notice in
writing to the party concerned not later than three days of the scheduled opening, to open the sealed

envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed
envelope or sealed package; (b) for revealing and disclosing its classified contents; and, (c) for using
the classified information, data, excerpts, summaries, notes, memoranda, working sheets, reports,
and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information, data, excerpts,
summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination
of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of persons; or (3) a member of
such organization, association, or group of persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial
Institution. - Any person, police or law enforcement personnel who examines the deposits,
placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism;
(2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a
member of such organization, association, or group of persons, without being authorized to do so by
the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the
penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon
any police or law enforcement personnel, who maliciously obtained an authority from the Court of
Appeals to examine the deposits, placements, trust accounts, assets, or records in a bank or
financial institution of: (1) a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
group of persons; or (3) a member of such organization, association, or group of persons: Provided,
That notwithstanding Section 33 of this Act, the party aggrieved by such authorization shall upon
motion duly filed be allowed access to the sealed envelope or sealed package and the contents
thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously
procured said authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. - An
employee, official, or a member of the board of directors of a bank or financial institution, who
refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of:
(1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed organization, association, or group of persons; or (3)
a member of such judicially declared and outlawed organization, association, or group of persons in
said bank or financial institution, when duly served with the written order of the authorizing division of
the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.

SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in
Joint Affidavits. - Any false or untruthful statement or misrepresentation of material fact in the joint
affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal
offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances, placements,
trust accounts, assets, and records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other implements, and property of
whatever kind and nature belonging: (1) to any person suspected of or charged before a competent
Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to a
judicially declared and outlawed organization, association, or group of persons; or (3) to a member
of such organization, association, or group of persons shall be seized, sequestered, and frozen in
order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably needed by
the monthly needs of his family including the services of his or her counsel and his or her family's
medical needs upon approval of the court. He or she may also use any of his property that is under
seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the
court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals
to allow the person accused of the crime of terrorism or of the crime of conspiracy to commit
terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust accounts,
assets and records as may be necessary for the regular sustenance of his/her family or to use any of
his/her property that has been seized, sequestered or frozen for legitimate purposes while his/her
case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. - The seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records belonging to a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or
financial institution for such person and the government during the pendency of the investigation of
the person suspected of or during the pendency of the trial of the person charged with any of the
said crimes, as the case may be and their use or disposition while the case is pending shall be
subject to the approval of the court before which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements,
Trust Accounts, Assets and Record. - If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or his case is dismissed before his
arraignment by a competent court, the seizure, sequestration and freezing of his bank deposits,
placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be, and his bank deposits, placements, trust

accounts, assets and records shall be deemed released from such seizure, sequestration and
freezing, and shall be restored to him without any delay by the bank or financial institution concerned
without any further action on his part. The filing of any appeal on motion for reconsideration shall not
state the release of said funds from seizure, sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a
final judgment of a competent trial court, his seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records shall be automatically forfeited in favor of the
government.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five
hundred thousand pesos (P500.000.00) a day for the period in which his properties, assets or funds
were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken
from the appropriations of the police or law enforcement agency that caused the filing of the
enumerated charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person
who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a person suspected of or charged with
the crime of terrorism or conspiracy to commit terrorism after such suspected person has been found
innocent by the investigating body or after the case against such charged person has been
dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person who is
responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person
suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct
custody of a detained person or under the provisions of this Act and who by his deliberate act,
misconduct, or inexcusable negligence causes or allows the escape of such detained person shall
be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty
(20) years of imprisonment, if the detained person has already been convicted and sentenced in a
final judgment of a competent court; and (b) six years and one day to twelve (12) years of
imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a
competent court.
SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of Republic Act
No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the
immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18
of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to
benefits granted to witnesses under said Republic Act No.6981.

SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of ten (10)
years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or
law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of
Appeals to do so, reveals in any manner or form any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed
upon any person who knowingly furnishes false testimony, forged document or spurious evidence in
any investigation or hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the judge shall
set the continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so
as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the
Revised Penal Code or any Special Penal Laws. - When a person has been prosecuted under a
provision of this Act, upon a valid complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal
of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or
felony which is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is
accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred
thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty
or arrested without a warrant as a result of such an accusation. The amount of damages shall be
automatically charged against the appropriations of the police agency or the Anti-Terrorism Council
that brought or sanctioned the filing of the charges against the accused. It shall also be released
within fifteen (15) days from the date of the acquittal of the accused. The award of damages
mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or
administrative charges against those responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the
amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph
immediately preceding shall suffer the penalty of six months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed to
complete the compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law
enforcement agency concerned, the amount shall be automatically included in the appropriations of
the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. - The police or
law enforcement officers to whom the name or a suspect in the crime of terrorism was first revealed
shall record the real name and the specific address of the informant.

The police or law enforcement officials concerned shall report the informant's name and address to
their superior officer who shall transmit the information to the Congressional Oversight Committee or
to the proper court within five days after the suspect was placed under arrest or his properties were
sequestered, seized or frozen.
The name and address of the informant shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the Revised Penal
Code shall be applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for brevity, as
the "Council," is hereby created. The members of the Council are: (1) the Executive Secretary, who
shall be its Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the
Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior
and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its
other members.
The Council shall implement this Act and assume the responsibility for the proper and effective
implementation of the anti-terrorism policy of the country. The Council shall keep records of its
proceedings and decisions. All records of the Council shall be subject to such security classifications
as the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the
people, the security of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council
shall define the powers, duties, and functions of the National Intelligence Coordinating Agency as
Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigration, the
Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the AntiMoney Laundering Council, the Philippine Center on Transnational Crime, and the Philippine
National Police intelligence and investigative elements shall serve as support agencies for the
Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective antiterrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country
and to protect the people from acts of terrorism. Nothing herein shall be interpreted to empower the
Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the Council
shall have the following functions with due regard for the rights of the people as mandated by the
Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of
terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country
and mobilize the entire nation against terrorism prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or detained for the
crime of terrorism or conspiracy to commit terrorism and other offenses punishable under
this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base information system on terrorism,
terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records
belonging to a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information
leading to the apprehension, arrest, detention, prosecution, and conviction of person or
persons who are liable for the crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of other
nations in the struggle against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals and
Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to
handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all
matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b) from
the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed
in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The Commission on Human Rights shall
give the highest priority to the investigation and prosecution of violations of civil and political rights of
persons in relation to the implementation of this Act; and for this purpose, the Commission shall have
the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may
have violated the civil and political rights of persons suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a Grievance Committee
composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from the
Department of Justice (DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the implementation of this Act. The
Committee shall hold office in Manila. The Committee shall have three subcommittees that will be
respectively headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao. The
subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three Assistant
Solicitors General designated by the Solicitor General, and the regional prosecutors of the DOJ
assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. The
three subcommittees shall assist the Grievance Committee in receiving, investigating and evaluating
complaints against the police and other law enforcement officers in the implementation of this Act. If
the evidence warrants it, they may file the appropriate cases against the erring police and law

enforcement officers. Unless seasonably disowned or denounced by the complainants, decisions or

judgments in the said cases shall preclude the filing of other cases based on the same cause or
causes of action as those that were filed with the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime of
terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is
needed for terrorist related police investigations or judicial trials in the said country and unless his or
her human rights, including the right against torture, and right to counsel, are officially assured by the
requesting country and transmitted accordingly and approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty of
which the Philippines is a signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply: (1) to individual persons who commit any of the
crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone,
and airspace of the Philippines; (2) to individual persons who, although physically outside the
territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and
punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who,
although physically outside the territorial limits of the Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (5) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime;
and (6) to individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby created a Joint Oversight Committee to
oversee the implementation of this Act. The Oversight Committee shall be composed of five
members each from the Senate and the House in addition to the Chairs of the Committees of Public
Order of both Houses who shall also Chair the Oversight Committee in the order specified herein.
The membership of the Committee for every House shall at least have two opposition or minority
members. The Joint Oversight Committee shall have its own independent counsel. The Chair of the
Committee shall rotate every six months with the Senate chairing it for the first six months and the
House for the next six months. In every case, the ranking opposition or minority member of the
Committee shall be the Vice Chair. Upon the expiration of one year after this Act is approved by the
President, the Committee shall review the Act particularly the provision that authorize the
surveillance of suspects of or persons charged with the crime of terrorism. To that end, the
Committee shall summon the police and law enforcement officers and the members of the AntiTerrorism Council and require them to answer questions from the members of Congress and to
submit a written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have been dealt
with in their custody and from the date when the movements of the latter were subjected to
surveillance and his or her correspondences, messages, conversations and the like were listened to
or subjected to monitoring, recording and tapping. Without prejudice to its submitting other reports,
the Committee shall render a semiannual report to both Houses of Congress. The report may
include where necessary a recommendation to reassess the effects of globalization on terrorist

activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal the
Act in its entirety. The courts dealing with anti-terrorism cases shall submit to Congress and the
President a report every six months of the status of anti-terrorism cases that have been filed with
them starting from the date this Act is implemented.
SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall
remain and continue to be in full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the
President, the Act shall be published in three newspapers of national circulation; three newspapers
of local circulation, one each in llocos Norte, Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three newspapers of local circulation, one
each in Cagayan de Oro, Davao and General Santos city.
The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired
everyday at primetime for seven days, morning, noon and night over three national television and
radio networks; three radio and television networks, one each in Cebu, Tacloban and lloilo; and in
five radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City,
Cotabato City and Zamboanga City. The publication in the newspapers of local circulation and the
announcements over local radio and television networks shall be done in the dominant language of
the community. After the publication required above shall have been done, the Act shall take effect
two months after the elections are held in May 2007. Thereafter, the provisions of this Act shall be
automatically suspended one month before and two months as after the holding of any election.
Approved,

REPUBLIC ACT NO. 10168

June 20, 2012

AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM, PROVIDING PENALTIES

THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as "The Terrorism Financing Prevention and
Suppression Act of 2012?.
Section 2. Declaration of Policy. It is the policy of the State to protect life, liberty, and property from
acts of terrorism and to condemn terrorism and those who support and finance it and to recognize it
as inimical and dangerous to national security and the welfare of the people, and to make the
financing of terrorism a crime against the Filipino people, against humanity, and against the law of
nations.
The State, likewise, recognizes and adheres to international commitments to combat the financing of
terrorism, specifically to the International Convention for the Suppression of the Financing of
Terrorism, as well as other binding terrorism-related resolutions of the United Nations Security
Council pursuant to Chapter 7 of the Charter of the United Nations (UN).
Toward this end, the State shall reinforce its fight against terrorism by criminalizing the financing of
terrorism and related offenses, and by preventing and suppressing the commission of said offenses
through freezing and forfeiture of properties or funds while protecting human rights.
Section 3. Definition of Terms. As used in this Act:
(a) Anti-Money Laundering Council (AMLC) refers to the Council created by virtue of
Republic Act No. 9160, as amended, otherwise known as the "Anti-Money Laundering Act of
2001, as amended".
(b) Anti-Terrorism Council (ATC) refers to the Council created by, virtue of Republic Act No.
9372, otherwise known as the "Human Security Act of 2007?.

(c) Covered institutions refer to or shall have the same meaning as defined under the AntiMoney Laundering Act (AMLA), as amended.
(d) Dealing, with regard to property or funds refers to receipt, acquisition, transacting,
representing, concealing, disposing or converting, transferring or moving, use as security of
or providing financial services.
(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.
(f) Forfeiture refers to a court order transferring in favor of the government, after due
process, ownership of property or funds representing, involving, or relating to financing of
terrorism as defined in Section 4 or an offense under Sections 5, 6, 7, 8, or 9 of this Act.
(g) Freeze refers to the blocking or restraining of specific property or funds from being
transacted, converted, concealed, moved or disposed without affecting the ownership
thereof.
(h) Property or funds refer to financial assets, property of every kind, whether tangible or
intangible, movable or immovable, however acquired, and legal documents or instruments in
any form, including electronic or digital, evidencing title to, or interest in, such funds or other
assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money
orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or
other income on or value accruing from or generated by such funds or other assets.
(i) Terrorist refers to any natural person who: (1) commits, or attempts, or conspires to
commit terrorist acts by any means, directly or indirectly, unlawfully and willfully; (2)
participates, as a principal or as an accomplice, in terrorist acts; (3) organizes or directs
others to commit terrorist acts; or (4) contributes to the commission of terrorist acts by a
group of persons acting with a common purpose where the contribution is made intentionally
and with the aim of furthering the terrorist act or with the knowledge of the intention of the
group to commit a terrorist act.
(j) Terrorist acts refer to the following:
(1) Any act in violation of Section 3 or Section 4 of the Human Security Act of 2007;

(2) Any other act intended to cause death or serious bodily injury to a civilian, or to
any other person not taking an active part in the hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or context, is to intimidate a
population, or to compel a government or an international organization to do or to
abstain from doing any act;
(3) Any act which constitutes an offense under this Act, that is within the scope of any
of the following treaties of which the Republic of the Philippines is a State party:
(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at
The Hague on 16 December 1970 ;
(b) Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on 23 September 1971 ;
(c) Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, adopted by
the General Assembly of the United Nations on 14 December 1973;
(d) International Convention against the Taking of Hostages, adopted by the
General Assembly of the United Nations on 17 December 1979;
(e) Convention on the Physical Protection of Nuclear Material, adopted at
Vienna on 3 March 1980 ;
(f) Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation, done at
Montreal on 24 February 1988 ;
(g) Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, done at Rome on 10 March 1988 ;
(h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms located on the Continental Shelf, done at Rome on 10 March 1988;
or
(i) International Convention for the Suppression of Terrorist Bombings,
adopted by the General Assembly of the United Nations on 15 December
1997.
(k) Terrorist organization, association or a group of persons refers to any
entity owned or controlled by any terrorist or group of terrorists that: (1)
commits, or attempts to commit, terrorist acts by any means, directly or
indirectly, unlawfully and willfully; (2) participates as an accomplice in terrorist
acts; (3) organizes or directs others to commit terrorist acts; or (4) contributes

to the commission of terrorist acts by a group of persons acting with common

purpose of furthering the terrorist act where the contribution is made
intentionally and with the aim of furthering the terrorist act or with the
knowledge of the intention of the group to commit a terrorist act.
Section 4. Financing of Terrorism. Any person who, directly or indirectly, willfully and without lawful
excuse, possesses, provides, collects or uses property or funds or makes available property, funds
or financial service or other related services, by any means, with the unlawful and willful intention
that they should be used or with the knowledge that they are to be used, in full or in part: (a) to carry
out or facilitate the commission of any terrorist act; (b) by a terrorist organization, association or
group; or (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism and shall
suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not
less than Five hundred thousand pesos (Php500,000.00) nor more than One million pesos
(Php1,000,000.00).
Any person who organizes or directs others to commit financing of terrorism under the immediately
preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as
herein prescribed.
For purposes of this Act, knowledge or intent may be established by direct evidence or inferred from
the attendant circumstances.
For an act to constitute a crime under this Act, it shall not be necessary that the funds were actually
used to carry out a crime referred to in Section 3(j).
Section 5. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and Dealing with
Property or Funds of Designated Persons. Any attempt to commit any crime under Section 4 or
Section 8 under this Act shall be penalized by a penalty two degrees lower than that prescribed for
the commission of the same as provided under this Act.
Any conspiracy to commit any crime under Section 4 or Section 8 of this Act shall be penalized by
the same penalty prescribed for the commission of such crime under the said sections.
There is conspiracy to commit the offenses punishable under Sections 4 and 8 of this Act when two
(2) or more persons come to an agreement concerning the commission of such offenses and
decided to commit it.
Section 6. Accomplice. Any person who, not being a principal under Article 17 of the Revised
Penal Code or a conspirator as defined in Section 5 hereof, cooperates in the execution of either the
crime of financing of terrorism or conspiracy to commit the crime of financing of terrorism by previous
or simultaneous acts shall suffer the penalty one degree lower than that prescribed for the
conspirator.
Section 7. Accessory. Any person who, having knowledge of the commission of the crime of
financing of terrorism but without having participated therein as a principal, takes part subsequent to
its commission, by profiting from it or by assisting the principal or principals to profit by the effects of

the crime, or by concealing or destroying the effects of the crime in order to prevent its discovery, or
by harboring, concealing or assisting in the escape of a principal of the crime shall be guilty as an
accessory to the crime of financing of terrorism and shall be imposed a penalty two degrees lower
than that prescribed for principals in the crime of financing terrorism.
Section 8. Prohibition Against Dealing with Property or Funds of Designated Persons. Any person
who, not being an accomplice under Section 6 or accessory under Section 7 in relation to any
property or fund: (i) deals directly or indirectly, in any way and by any means, with any property or
fund that he knows or has reasonable ground to believe is owned or controlled by a designated
person, organization, association or group of persons, including funds derived or generated from
property or funds owned or controlled, directly or indirectly, by a designated person, organization,
association or group of persons; or (ii) makes available any property or funds, or financial services or
other related services to a designated and/or identified person, organization, association, or group of
persons, shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua
and a fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One million
pesos (Php1,000,000.00).
Section 9. Offense by a Juridical Person, Corporate Body or Alien. If the offender is a corporation,
association, partnership or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or allowed by their gross negligence, the
commission of the crime or who shall have knowingly permitted or failed to prevent its commission. If
the offender is a juridical person, the court may suspend or revoke its license. If the offender is an
alien, the alien shall, in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties herein prescribed.
Section 10. Authority to Investigate Financing of Terrorism. The AMLC, either upon its own
initiative or at the request of the ATC, is hereby authorized to investigate: (a) any property or funds
that are in any way related to financing of terrorism or acts of terrorism; (b) property or funds of any
person or persons in relation to whom there is probable cause to believe that such person or
persons are committing or attempting or conspiring to commit, or participating in or facilitating the
financing of terrorism or acts of terrorism as defined herein.
The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled corporations in
undertaking measures to counter the financing of terrorism, which may include the use of its
personnel, facilities and resources.
For purposes of this section and notwithstanding the provisions of Republic Act No. 1405, otherwise
known as the "Law on Secrecy of Bank Deposits", as amended; Republic Act No. 6426, otherwise
known as the "Foreign Currency Deposit Act of the Philippines", as amended; Republic Act No.
8791, otherwise known as "The General Banking Law of 2000? and other laws, the AMLC is hereby
authorized to inquire into or examine deposits and investments with any banking institution or nonbank financial institution and their subsidiaries and affiliates without a court order.
Section 11. Authority to Freeze. The AMLC, either upon its own initiative or at the request of the
ATC, is hereby authorized to issue an ex parte order to freeze without delay: (a) property or funds

that are in any way related to financing of terrorism or acts of terrorism; or (b) property or funds of
any person, group of persons, terrorist organization, or association, in relation to whom there is
probable cause to believe that they are committing or attempting or conspiring to commit, or
participating in or facilitating the commission of financing of terrorism or acts of terrorism as defined
herein.
The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed
by the AMLC before the expiration of the period, the effectivity of the freeze order may be extended
up to a period not exceeding six (6) months upon order of the Court of Appeals: Provided, That the
twenty-day period shall be tolled upon filing of a petition to extend the effectivity of the freeze order.
Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines international
obligations, shall be authorized to issue a freeze order with respect to property or funds of a
designated organization, association, group or any individual to comply with binding terrorism-related
Resolutions, including Resolution No. 1373, of the UN Security Council pursuant to Article 41 of the
Charter of the UN. Said freeze order shall be effective until the basis for the issuance thereof shall
have been lifted. During the effectivity of the freeze order, an aggrieved party may, within twenty (20)
days from issuance, file with the Court of Appeals a petition to determine the basis of the freeze
order according to the principle of effective judicial protection.
However, if the property or funds subject of the freeze order under the immediately preceding
paragraph are found to be in any way related to financing of terrorism or acts of terrorism committed
within the jurisdiction of the Philippines , said property or funds shall be the subject of civil forfeiture
proceedings as hereinafter provided.
Section 12. Exceptions for Investigative Requirements. Notwithstanding the immediately
preceding provision, the AMLC may decide to defer the issuance of a freeze order for as long as
necessary for any specific investigative/prosecutorial purposes.
Section 13. Humanitarian Exemptions. The person whose property or funds have been frozen
under the first paragraph of Section 11 may withdraw such sums as the court determines to be
reasonably needed for monthly family needs and sustenance including the services of counsel and
the family medical needs of such person.
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The person whose property or funds have been frozen under the third paragraph of Section 11 may
withdraw such sums as the AMLC determines to be reasonably needed for monthly family needs
including the services of counsel and the family medical needs of such person.
Section 14. Appropriation and Use of Funds of Public Attorneys Office (PAO). Any appropriation
and use of funds of PAO to provide free legal assistance or services to persons charged of the
offenses defined and penalized herein shall not be construed as a violation of this Act, thereby
exempting the PAO from any liability.
Section 15. Publication of Designation. The Department of Foreign Affairs with respect to
designation under Section 3 (e) (1) of this Act, and the ATC with respect to designation under
Section 3 (e) (2) and (3) and Section 11 of this Act, shall publish a list of the designated persons to

which this Act or the Human Security Act applies. The concerned agencies shall ensure that an
electronic version of the document is made available to the public on their respective website.
Each respective agency or authority shall ensure that information on procedures established in rules
and regulations issued pursuant to this Act for delisting, unfreezing and exemptions for basic,
necessary or extraordinary expenses shall likewise be made available in their respective website.
Section 16. Duty of the Covered Institutions and/or Relevant Government Agencies Upon Receipt of
the Freeze Order. Upon receipt of the notice of a freeze order, the covered institutions and/or
relevant government agencies shall immediately preserve the subject property or funds in
accordance with the order of the AMLC and shall forthwith serve a copy of the notice of the freeze
order upon the owner or holder of the property or funds. Any responsible officer or other person who
fails to comply with a freeze order shall suffer the penalty of imprisonment from six (6) months to four
(4) years and a fine of not less than One hundred thousand pesos (Php100,000.00) nor more than
Five hundred thousand pesos (Php500,000.00), at the discretion of the court, without prejudice to
the administrative sanctions that the AMLC may impose on the erring covered institution.
Section 17. Predicate Offense to Money Laundering. Financing of terrorism under Section 4 and
offenses punishable under Sections 5, 6, and 7 of this Act shall be predicate offenses to money
laundering as defined in Republic Act No. 9160, otherwise known as the "Anti-Money Laundering Act
of 2001?, as amended, and subject to its suspicious transaction reporting requirement.
Section 18. Civil Forfeiture. The procedure for the civil forfeiture of property or funds found to be in
any way related to financing of terrorism under Section 4 and other offenses punishable under
Sections 5, 6, and 7 of this Act shall be made in accordance with the AMLA, as amended, its
Revised Implementing Rules and Regulations and the Rules of Procedure promulgated by the
Supreme Court.
Section 19. Extra-Territorial Application of this Act. Subject to the provision of an existing treaty,
including the International Convention for the Suppression of the Financing of Terrorism of which the
Philippines is a State Party, and to any contrary provision of any law of preferential application, the
criminal provisions of this Act shall apply: (a) to individual persons who, although physically outside
the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined
and punished in this Act inside the territorial limits of the Philippines; (b) to individual persons who,
although physically outside the territorial limits of the Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship; (c) to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (d) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of
Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime;
and (e) to individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.
The provisions of this Act shall likewise apply to a Filipino national who, although outside the
territorial jurisdiction of the Philippines , commit, conspire or plot to commit any of the crimes defined
and punished in this Act.

In case of an alien whose extradition is requested pursuant to the International Convention for the
Suppression of the Financing of Terrorism, and that alien is not extradited to the requesting State,
the Republic of the Philippines, without exception whatsoever and whether or not the offense was
committed in the Philippines, shall submit the case without undue delay to the Department of Justice
for the purpose of prosecution in the same manner as if the act constituting the offense had been
committed in the Philippines, in which case, the courts of the Philippines shall have jurisdiction over
the offense.
Section 20. Extradition. The Philippines may, at its option, subject to the principle of reciprocity,
consider the International Convention for the Suppression of the Financing of Terrorism as a legal
basis for requesting or granting extradition in respect of the offenses set forth under this Act.
Section 21. Applicability of the Revised Penal Code. The provisions of Book I of the Revised
Penal Code shall apply suppletorily to this Act.
Section 22. Implementing Rules and Regulations. - Within thirty (30) days from the effectivity of this
Act, the AMLC, in coordination with relevant government agencies, shall promulgate rules and
regulations to implement effectively the provisions of this Act.
The rules and regulations to be promulgated may include, but not limited to, designation, delisting,
notification of matters of interest of persons affected by the Act, exceptions for basic, necessary and
extraordinary expenses, matters of evidence, definition of probable cause, inter-agency coordination,
publication of relevant information, administrative offenses and penalties, procedures and forms, and
other mechanisms for implementation of the Act.
Section 23. Separability Clause. If, for any reason, any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in force and
effect.
Section 24. Repealing Clause. All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances, or parts thereof, which are inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Section 25. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,

REPUBLIC ACT No. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. Short Title. This Act shall be known as the "Comprehensive Firearms and Ammunition
Regulation Act".
Section 2. Declaration of State Policy. It is the policy of the State to maintain peace and order and
protect the people against violence. The State also recognizes the right of its qualified citizens to
self-defense through, when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive
law regulating the ownership, possession, carrying, manufacture, dealing in and importation of
firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies
in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal
manufacture of firearms or weapons, ammunition and parts thereof.
Section 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor internal
parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor
or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge
case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five
(75) years prior to the current date but not including replicas; (2) firearm which is certified by
the National Museum of the Philippines to be curio or relic of museum interest; and (3) any
other firearm which derives a substantial part of its monetary value from the fact that it is
novel, rare, bizarre or because of its association with some historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or
transfer of firearms, their parts and components and ammunition, from or across the territory
of one country to that of another country which has not been authorized in accordance with
domestic law in either or both country/countries.

(e) Authority to import refers to a document issued by the Chief of the Philippine National
Police (PNP) authorizing the importation of firearms, or their parts, ammunition and other
components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business
entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the
business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail
basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of importing
ammunition and firearms, or parts thereof into the territory of the Republic of the Philippines
for purposes of sale or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership
duly licensed by the FEO of the PNP to engage in the business of manufacturing firearms,
and ammunition or parts thereof for purposes of sale or distribution.
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(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National
Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other
law enforcement agencies by reason of their mandate and must be necessarily reported or
turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its
main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer wherein
the details of the disposition of firearm is spelled-out, thus indicating the name of the
employee, the firearm information, the specific duration and location of posting or
assignment and the authorized bonded firearm custodian for the juridical entity to whom
such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon,
that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is
discharged by means of expansive force of gases from burning gunpowder or other form of
combustion or any similar instrument or implement. For purposes of this Act, the barrel,
frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all data
and information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as
accessory penalty or for the disposition by the FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or revoked in compliance with existing rules and
regulations.

(o) Gun club refers to an organization duly registered with and accredited in good standing
by the FEO of the PNP which is established for the purpose of propagating responsible and
safe gun ownership, proper appreciation and use of firearms by its members, for the purpose
of sports and shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the business of repairing firearms and other
weapons or constructing or assembling firearms and weapons from finished or manufactured
parts thereof on a per order basis and not in commercial quantities or of making minor parts
for the purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this
Act and duly issued with a license to possess or to carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses including
security agencies and local government units (LGUs) which are licensed to own and possess
firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and Class-B Light weapons which refer to
weapons designed for use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank
guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies or offices
or government-owned or -controlled corporations for firearms to be used by their officials and
employees who are qualified to possess firearms as provider in this Act, excluding security
guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm
which has been lost or stolen, illegally manufactured firearms, registered firearms in the
possession of an individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder
or the bolt assembly. The term also includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.

(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which
are necessary to effect and complete the action of expelling a projectile by way of
combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a written authority issued to a
licensed citizen by the Chief of the PNP which entitles such person to carry his/her registered
or lawfully issued firearm outside of the residence for the duration and purpose specified in
the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or
entity by the Chief of the PNP or by a PNP Regional Director which entitles such person or
entity to transport a particular firearm from and to a specific location within the duration and
purpose in the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in
his/her license.
(bb) Shooting range refers to a facility established for the purpose of firearms training and
skills development, firearm testing, as well as for sports and competition shooting either for
the exclusive use of its members or open to the general public, duly registered with and
accredited in good standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a
government official or employee who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm covered by the long certificate of
registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual use or
that which is generally considered to mean a weapon intended to be fired from the hand or
shoulder, which are not capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or
permanently aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that
can discharge a bullet through a rifled barrel by different actions of loading, which
may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball
shots or a single projectile through a smooth bore by the action or energy from
burning gunpowder.

(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or
other identification or ballistics characteristics have been intentionally tampered with,
obliterated or altered without authority or in order to conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device
which amplifies available thermal signatures so that the viewed scene becomes clear to the
operator which is used to locate and engage targets during daylight and from low light to
total darkness and operates in adverse conditions such as light rain, light snow, and dry
smoke or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. In order to qualify and acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has
gainful work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year
as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug
testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which
shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office;
and
(g) The applicant has not been convicted or is currently an accused in a pending criminal
case before any court of law for a crime that is punishable with a penalty of more than two
(2) years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of
law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules
and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty
detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical person
maintaining its own security force may be issued a regular license to own and possess firearms and
ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.
The application shall be made in the name of the juridical person represented by its President or any
of its officers mentioned below as duly authorized in a board resolution to that effect: Provided, That
the officer applying for the juridical entity, shall possess all the qualifications required of a citizen
applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president, treasurer,
and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall be
subject to additional requirements as may be required by the Chief of the PNP.
Section 6. Ownership of Firearms by the National Government. All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the
Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be levied
on other authorized owners of firearms. For reason of national security, firearms of the Armed Forces
of the Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to
the FEO of the PNP.
Section 7. Carrying of Firearms Outside of Residence or Place of Business. A permit to carry
firearms outside of residence shall be issued by the Chief of the PNP or his/her duly authorized
representative to any qualified person whose life is under actual threat or his/her life is in imminent
danger due to the nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a
threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to
the nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high
risk of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. The Chief of the PNP, through the FEO of the PNP, shall
issue licenses to qualified individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. Subject to the requirements set forth in this Act and
payment of required fees to be determined by the Chief of the PNP, a qualified individual may be
issued the appropriate license under the following categories;
Type 1 license allows a citizen to own and possess a maximum of two (2) registered
firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5) registered
firearms;
Type 3 license allows a citizen to own and possess a maximum of ten (10) registered
firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and

Type 5 license allows a citizen, who is a certified gun collector, to own and possess more
than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures
for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
Section 10. Firearms That May Be Registered. Only small arms may be registered by licensed
citizens or licensed juridical entities for ownership, possession and concealed carry. A light weapon
shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement
agencies authorized by the President in the performance of their duties: Provided, That private
individuals who already have licenses to possess Class-A light weapons upon the effectivity of this
Act shall not be deprived of the privilege to continue possessing the same and renewing the licenses
therefor, for the sole reason that these firearms are Class "A" light weapons, and shall be required to
comply with other applicable provisions of this Act.
Section 11. Registration of Firearms. The licensed citizen or licensed juridical entity shall register
his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license
such licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm
shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license issued to any
person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily Included. The licenses granted to
qualified citizens or juridical entities as provided in Section 9 of this Act shall include the license to
possess ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That
the FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. Any person
desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments
and implements used or intended to be used in the manufacture of firearms, parts of firearms or
ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case
of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the purchase and
sale of said articles intended to be transacted by such applicant; and the types of firms, ammunition
or implements which the applicant intends to manufacture or purchase and sell under the license

applied for; and such additional information as may be especially requested by the Secretary of the
DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application
based on the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief
of the PNP shall indicate the amount of the bond to be executed by the applicant before the
issuance of the license and the period of time by which said license shall be effective, unless sooner
revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the
DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the
PNP which shall issue the license in accordance with the approved terms and conditions, upon the
execution and delivery by the applicant of the required bond conditioned upon the faithful
compliance on the part of the licensee to the laws and regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. The scope of the License
to Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for
the firearms which the manufacturer is licensed to manufacture: Provided, That the
subcontractor of major parts or major components is also licensed to manufacture firearms
and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components to be
imported shall, however, be limited to those authorized to be manufactured as reflected in
the approved License to Manufacture. The Import Permit shall be under the administration of
the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms needed
to test the ammunition manufactured under the License to Manufacture. A licensed manufacturer of
firearms, on the other hand, is entitled to import various firearms for reference, test and evaluation
for manufacture of similar, types of firearms covered by the License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished products of
firearms and ammunition. The Export Permit of firearms and ammunition shall be under the
administration of the PNP.

Section 15. Registration of Locally Manufactured and Imported Firearms. Local manufacturers
and importers of firearms and major parts thereof shall register the same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration shall be
done at the manufacturing facility: Provided, That firearms intended for export shall no longer
be subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon arrival
at the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. The License to Deal authorizes the purchase,
sale and general business in handling firearms and ammunition, major and minor parts of firearms,
accessories, spare parts, components, and reloading machines, which shall be issued by the Chief
of the PNP.
Section 17. License and Scope of License for Gunsmiths. The license for gunsmiths shall allow
the grantee to repair registered firearms. The license shall include customization of firearms from
finished or manufactured parts thereof on per order basis and not in commercial quantities and
making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the
purpose of repairing the registered firearm. The license for gunsmiths shall be issued by the Chief of
the PNP.
Section 18. Firearms for Use in Sports and Competitions. A qualified individual shall apply for a
permit to transport his/her registered firearm/s from his/her residence to the firing range/s and
competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. All types of licenses to possess a firearm shall
be renewed every two (2) years. Failure to renew the license on or before the date of its expiration
shall cause the revocation of the license and of the registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration
of the firearm on or before the date of expiration shall cause the revocation of the license of the
firearm. The said firearm shall be confiscated or forfeited in favor of the government after due
process.
The failure to renew a license or registration within the periods stated above on two (2) occasions
shall cause the holder of the firearm to be perpetually disqualified from applying for any firearm
license. The application for the renewal of the license or registration may be submitted to the FEO of
the PNP, within six (6) months before the date of the expiration of such license or registration.
Section 20. Inspection and Inventory. The Chief of the PNP or his/her authorized representative
shall require the submission of reports, inspect or examine the inventory and records of a licensed
manufacturer, dealer or importer of firearms and ammunition during reasonable hours.

ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE
FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms and
ammunition may only be acquired or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a licensed citizen or licensed juridical entity
to another licensed citizen or licensed juridical entity:Provided, That, during election periods, the sale
and registration of firearms and ammunition and the issuance of the corresponding licenses to
citizens shall be allowed on the condition that the transport or delivery thereof shall strictly comply
with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From Abroad. A person arriving in the
Philippines who is legally in possession of any firearm or ammunition in his/her country of origin and
who has declared the existence of the firearm upon embarkation and disembarkation but whose
firearm is not registered in the Philippines in accordance with this Act shall deposit the same upon
written receipt with the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or
for the issuance of a permit to transport if the person is a competitor in a sports shooting
competition. If the importation of the same is allowed and the party in question desires to obtain a
domestic firearm license, the same should be undertaken in accordance with the provisions of this
Act. If no license is desired or leave to import is not granted, the firearm or ammunition in question
shall remain in the custody of the FEO of the PNP until otherwise disposed of in-accordance with
law.
Section 23. Return of Firearms to Owner upon Departure from the Philippines. Upon the departure
from the Philippines of any person whose firearm or ammunition is in the custody of the FEO of the
PNP, the same shall, upon timely request, be delivered to the person through the Collector of
Customs. In the case of a participant in a local sports shooting competition, the firearm must be
presented to the Collector of Customs before the same is allowed to be loaded on board the carrier
on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a registered
firearm to the FEO of the PNP, or any Police Regional Office for safekeeping. Reasonable fees for
storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited in the
custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have been
abandoned by the owner or his/her authorized representative if he/she failed to reclaim the same
within five (5) years or failed to advise the FEO of the PNP of the disposition to be made thereof.
Thereafter, the FEO of the PNP may dispose of the same after compliance with established
procedures.
Section 26. Death or Disability of Licensee. Upon the death or legal disability of the holder of a
firearm license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or
other person who shall knowingly come into possession of such firearm or ammunition, to deliver the
same to the FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be

retained by the police custodian pending the issuance of a license and its registration in accordance,
with this Act. The failure to deliver the firearm or ammunition within six (6) months after the death or
legal disability of the licensee shall render the possessor liable for illegal possession of the firearm.
Section 27. Antique Firearm. Any person who possesses an antique firearm shall register the
same and secure a collectors license from the FEO of the PNP. Proper storage of antique firearm
shall be strictly imposed. Noncompliance of this provision shall be considered as illegal possession
of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The unlawful
acquisition, possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or
more small arms or Class-A light weapons are unlawfully acquired or possessed by any
person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under
any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon.
If the violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-B light weapon, the former violation shall be absorbed
by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special
laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed
with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized
by the law with a maximum penalty which is equal to that imposed under the preceding section for
illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the Revised Penal Code or other special laws
of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d etat, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted coup d etat.
If the crime is committed by the person without using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in its minimum to prision
mayor in its medium period shall be imposed upon the owner, president, manager, director or other
responsible officer of/any public or private firm, company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding section, or willfully

or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to
be carried outside of their residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who
is licensed to own a firearm but who shall carry the registered firearm outside his/her residence
without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or
Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of
Firearms, Ammunition or Parts Thereof. The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business, employment or activity does not
lawfully deal with the possession of such article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully
take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures
and sells, and other materials used by the company in the manufacture or sale of firearms or
ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or
material was stolen, shall suffer the same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or other juridical
entity, the penalty provided for in this section shall be imposed upon the directors, officers,
employees or other officials or persons therein who knowingly and willingly participated in the
unlawful act.
Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be imposed upon any
person who shall engage or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification. The penalty of prision
correccionalto prision mayor in its minimum period shall be imposed upon any person who shall
tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any firearm, or who shall
replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in forensic examination of a firearm or light
weapon.

The PNP shall place this information, including its individual or peculiar identifying characteristics
into the database of integrated firearms identification system of the PNP Crime Laboratory for future
use and identification of a particular firearm.
Section 35. Use of an Imitation Firearm. An imitation firearm used in the commission of a crime
shall be considered a real firearm as defined in this Act and the person who committed the crime
shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall
not be punishable under this Act.
Section 36. In Custodia Legis. During the pendency of any case filed in violation of this Act, seized
firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the custody of
the court. If the court decides that it has no adequate means to safely keep the same, the court shall
issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody during the pendency of the case and to produce the
same to the court when so ordered. No bond shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be
punishable by prision mayor in its minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. The imposition of penalty for any violation of this Act shall
carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or parts
thereof, machinery, tool or instrument in favor of the government which shall be disposed of in
accordance with law.
Section 38. Liability for Planting Evidence. The penalty of prision mayor in its maximum period
shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach,
directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the commission of any violation of the provisions
of this Act to said individual. If the person found guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. The Chief
of the PNP or his/her authorized representative may revoke, cancel or suspend a license or permit
on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries
an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known
as the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of the
PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from the date
of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a
valid firearm license who changes residence or office address other than that indicated in the license
card and fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of
such change of address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer possession of
any firearm to any person who has not yet obtained or secured the necessary license or permit
thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the provision
of the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess
other firearms and all his/her existing firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms, ammunition or major parts of firearms
or light weapons are unlawfully disposed, sold or transferred by any law enforcement agent or public
officer to private individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm through
fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty
of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. The FEO of the PNP shall be the sole repository of all firearms
records to include imported and locally manufactured firearms and ammunition. Within one (1) year
upon approval of this Act, all military and law enforcement agencies, government agencies, LGUs

and government-owned or -controlled corporations shall submit an inventory of all their firearms and
ammunition to the PNP.
Section 43. Final Amnesty. Persons in possession of unregistered firearms and holders of expired
license or unregistered firearms shall register and renew the same through the Final General
Amnesty within six (6) months from the promulgation of the implementing rules and regulations of
this Act. During the interim period of six (6) months, no person applying for license shall be charged
of any delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an
intensive nationwide campaign to ensure that the general public is properly informed of the
provisions of this Act.
Section 44. Implementing Rules and Regulations. Within one hundred twenty (120) days from the
effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned
sectors of society shall formulate the necessary rules and regulations for the effective
implementation of this Act to be published in at least two (2) national newspapers of general
circulation.
Section 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree No.
1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws, executive orders,
letters of instruction, issuances, circulars, administrative orders, rules or regulations that are
inconsistent herewith.
Section 46. Separability Clause. If any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid
and subsisting.
Section 47. Effectivity. This Act shall take effect after fifteen (15) days from its publication in a
newspaper of nationwide circulation.
Approved,

REPUBLIC ACT No. 10389

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE
OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. This Act shall be known as the "Recognizance Act of 2012.
Section 2. Statement of Policy. It is the declared policy of the State to promote social justice in all
phases of national development, including the promotion of restorative justice as a means to
address the problems confronting the criminal justice system such as protracted trials, prolonged
resolution of cases, lack of legal representation, lack of judges, inability to post bail bond, congestion
in jails, and lack of opportunity to reform and rehabilitate offenders. In consonance with the principle
of presumption of innocence, the 1987 Philippine Constitution recognizes and guarantees the right to
bail or to be released on recognizance as may be provided by law. In furtherance of this policy, the
right of persons, except those charged with crimes punishable by death,reclusion perpetua, or life
imprisonment, to be released on recognizance before conviction by the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to it, upon compliance with the
requirements of this Act, is hereby affirmed, recognized and guaranteed.
Section 3. Recognizance Defined. Recognizance is a mode of securing the release of any person
in custody or detention for the commission of an offense who is unable to post bail due to abject
poverty. The court where the case of such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody of a qualified member of the barangay,
city or municipality where the accused resides.
Section 4. Duty of the Courts. For purposes of stability and uniformity, the courts shall use their
discretion, in determining whether an accused should be deemed an indigent even if the salary and
property requirements are not met. The courts may also consider the capacity of the accused to
support not just himself/herself but also his/her family or other people who are dependent on him/her
for support and subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of the accused at the
time that he/she is facing charges in court may also be considered by the courts for the purpose of
covering as many individuals belonging to the marginalized and poor sectors of society.
Section 5. Release on Recognizance as a Matter of Right Guaranteed by the Constitution. The
release on recognizance of any person in custody or detention for the commission of an offense is a
matter of right when the offense is not punishable by death, reclusion perpetua, or life
imprisonment: Provided, That the accused or any person on behalf of the accused files the
application for such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person in custody
for a period equal to or more than the minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate Sentence Law, or any modifying
circumstance, shall be released on the persons recognizance.
Section 6. Requirements. The competent court where a criminal case has been filed against a
person covered under this Act shall, upon motion, order the release of the detained person on

recognizance to a qualified custodian: Provided, That all of the following requirements are complied
with:
(a) A sworn declaration by the person in custody of his/her indigency or incapacity either to
post a cash bail or proffer any personal or real property acceptable as sufficient sureties for a
bail bond;
(b) A certification issued by the head of the social welfare and development office of the
municipality or city where the accused actually resides, that the accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused resides of the
application for recognizance. The sanggunian shall include in its agenda the notice from the
court upon receipt and act on the request for comments or opposition to the application
within ten (10) days from receipt of the notice. The action of the sanggunian shall be in the
form of a resolution, and shall be duly approved by the mayor, and subject to the following
conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly made
before the sanggunian shall he considered as an urgent matter and shall take
precedence over any other business thereof: Provided, That a special session shall
be called to consider such proposed resolution if necessary;
The resolution of the sanggunian shall include in its resolution a list of recommended
organizations from whose members the court may appoint a custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall submit
any resolution adopted under this Act within twenty-four (24) hours from its passage
to the mayor who shall act on it within the same period of time from receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the said
resolution within twenty-four (24) hours from receipt thereof, the same shall be
deemed to have been acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the
resolution, the resolution shall be returned within twenty-four (24) hours from
disapproval thereof to the sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the sanggunian shall meet in
special session within twenty-four (24) hours from receipt of the veto for the sole
purpose of considering to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of the municipality or city
shall be considered final and not subject to the review of the Sangguniang
Panlalawigan, a copy of which shall be forwarded to the trial court within three (3)
days from date of resolution.

(e) The accused shall be properly documented, through such processes as, but not limited
to, photographic image reproduction of all sides of the face and fingerprinting: Provided, That
the costs involved for the purpose of this subsection shall be shouldered by the municipality
or city that sought the release of the accused as provided herein, chargeable to the
mandatory five percent (5%) calamity fund in its budget or to any other available fund in its
treasury; and
(f) The court shall notify the public prosecutor of the date of hearing therefor within twentyfour (24) hours from the filing of the application for release on recognizance in favor of the
accused: Provided, That such hearing shall be held not earlier than twenty-four (24) hours
nor later than forty-eight (48) hours from the receipt of notice by the prosecutor: Provided,
further, That during said hearing, the prosecutor shall be ready to submit the
recommendations regarding the application made under this Act, wherein no motion for
postponement shall be entertained.
Section 7. Disqualifications for Release on Recognizance. Any of the following circumstances
shall be a valid ground for the court to disqualify an accused from availing of the benefits provided
herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit prescribed under
Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification;
(d) The accused had previously committed a crime while on probation, parole or under
conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding his/her
case indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the pendency of
the case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the
new crime he/she is being accused of.
1wphi1

Section 8. Qualifications of the Custodian of the Person Released on Recognizance. Except in

cases of children in conflict with the law as provided under Republic Act No. 9344, the custodian of
the person released on recognizance must have the following qualifications:
(a) A person of good repute and probity;

(b) A resident of the barangay where the applicant resides;

(c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity;
and
(d) Must belong to any of the following sectors and institutions: church, academe, social
welfare, health sector, cause-oriented groups, charitable organizations or organizations
engaged in the rehabilitation of offenders duly accredited by the local social welfare and
development officer.
If no person in the barangay where the applicant resides belongs to any of the sectors and
institutions listed under paragraph (d) above, the custodian of the person released on recognizance
may be from the qualified residents of the city or municipality where the applicant resides.
Section 9. Duty of the Custodian. The custodian shall undertake to guarantee the appearance of
the accused whenever required by the court. The custodian shall be required to execute an
undertaking before the court to produce the accused whenever required. The said undertaking shall
be part of the application for recognizance. The court shall duly notify, within a reasonable period of
time, the custodian whenever the presence of the accussed is required. A penalty of six (6) months
to two (2) years imprisonment shall be imposed upon the custodian who failed to deliver or produce
the accused before the court, upon due notice, without justifiable reason.
Section 10. Role of the Probation Officer. Upon release of the person on recognizance to the
custodian, the court shall issue an order directing the Probation Office concerned to monitor and
evaluate the activities of such person. The Probation Office concerned shall submit a written report
containing its findings and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not the conditions for his/her release have
been complied with. The prosecution including the private complainant, if any, shall be given a copy
of such report.
Section 11. Arrest of a Person Released on Recognizance. The court shall order the arrest of the
accused, who shall forthwith be placed under detention, due to any of the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a summary
healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the abovementioned
court or any other competent court without justification, despite due notice;
(c) If the accused is the subject of a complaint for the commission of another offense
involving moral turpitude and the public prosecutor or the mayor in the area where the
offense is committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but not limited to,
stalking, intimidating or otherwise vexing private complainant, prosecutor or witnesses in the
case pending against the accused: Provided, That upon the issuance by the court of such

order, the accused shall likewise become the proper subject of a citizens arrest pursuant to
the Rules of Court.
Section 12. No Release on Recognizance After Final Judgment or Commencement of Sentence;
Exception. The benefits provided under this Act shall not be allowed in favor of an accused after
the judgment has become final or when the accused has started serving the
sentence: Provided, That this prohibition shall not apply to an accused who is entitled to the benefits
of the Probation Law if the application for probation is made before the convict starts serving the
sentence imposed, in which case, the court shall allow the release on recognizance of the convict to
the custody of a qualified member of the barangay, city or municipality where the accused actually
resides.
Section 13. Separability Clause. If any provision of this Act or the application of such provision to
any person or circumstance is declared invalid, the remainder of this Act or the application of such
provision to other persons or circumstances shall not be affected by such declaration.
Section 14. Repealing Clause. All laws, decrees and orders or parts thereof inconsistent herewith
are deemed repealed or modified accordingly, unless the same are more beneficial to the accused.
Section 15. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
Approved,

REPUBLIC ACT No. 10364

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES
TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS
AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of
2012.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy,
the State shall give highest priority to the enactment of measures and development of
programs that will promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support trafficked persons but more importantly, to
ensure their recovery, rehabilitation and reintegration into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection
of Migrant Workers and their Families, United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally accepted
human rights instruments and other international conventions to which the Philippines is a
signatory."
Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 3. Definition of Terms. As used in this Act:

"(a) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt of persons with or
without the victims consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.
"The recruitment, transportation, transfer, harboring, adoption or receipt of a child for
the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as trafficking in
persons even if it does not involve any of the means set forth in the preceding
paragraph.
"(b) Child refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
"(c) Prostitution refers to any act, transaction, scheme or design involving the use
of a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
"(d) Forced Labor refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of, force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debtbondage or deception including any work or service extracted from any person under
the menace of penalty.
"(e) Slavery refers to the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.
"(f) Involuntary Servitude refers to a condition of enforced and compulsory service
induced by means of any scheme, plan or pattern, intended to cause a person to
believe that if he or she did not enter into or continue in such condition, he or she or
another person would suffer serious harm or other forms of abuse or physical
restraint, or threat of abuse or harm, or coercion including depriving access to travel
documents and withholding salaries, or the abuse or threatened abuse of the legal
process.

"(g) Sex Tourism refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
members of the military.
"(h) Sexual Exploitation refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money, profit or any
other consideration or where the participation is caused or facilitated by any means
of intimidation or threat, use of force, or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or of position or of legal process, taking
advantage of the vulnerability of the person, or giving or receiving of payments or
benefits to achieve the consent of a person having control over another person; or in
sexual intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act.
"(i) Debt Bondage refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt.
"(j) Pornography refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of
the sexual parts of a person for primarily sexual purposes.
"(k) Council shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or
receive a person by any means, including those done under the pretext of domestic
or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, or sexual exploitation;
"(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

"(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
"(d) To undertake or organize tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
"(e) To maintain or hire a person to engage in prostitution or pornography;
"(f) To adopt persons by any form of consideration for exploitative purposes or to
facilitate the same for purposes of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive
or adopt a child to engage in armed activities in the Philippines or abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in Section 3 of this Act for purposes of forced
labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or
pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services, he or
she or another person would suffer serious harm or physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt
or receive a child for purposes of exploitation or trading them, including but not
limited to, the act of baring and/or selling a child for any consideration or for barter for
purposes of exploitation. Trafficking for purposes of exploitation of children shall
include:
"(1) All forms of slavery or practices similar to slavery, involuntary servitude,
debt bondage and forced labor, including recruitment of children for use in
armed conflict;

"(2) The use, procuring or offering of a child for prostitution, for the production
of pornography, or for pornographic performances;
"(3) The use, procuring or offering of a child for the production and trafficking
of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or work which,
by its nature or the circumstances in which it is carried out, is likely to harm
their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking
under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons. Where there are acts to initiate the
commission of a trafficking offense but the offender failed to or did not execute all the
elements of the crime, by accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in
persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this
Act shall constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons:
"(a) Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefor and without the required clearance or permit from the
Department of Social Welfare and Development, or a written permit or justification
from the childs parent or legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a written consent for
adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the child;
"(d) Simulating a birth for the purpose of selling the child; and
"(e) Soliciting a child and acquiring the custody thereof through any means from
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers,
and low-income families, for the purpose of selling the child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10(c) of this Act."

Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:
"(a) By profiting themselves or assisting the offender to profit by the effects of the
crime;
"(b) By concealing or destroying the body of the crime or effects or instruments
thereof, in order to prevent its discovery;
"(c) By harboring, concealing or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is known to
be habitually guilty of some other crime.
"Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers, overseas employment certificates or other
certificates of any government agency which issues these certificates, decals and
such other markers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or
attempt to influence witnesses, in an investigation or prosecution of a case under this
Act;

"(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,

conceal, remove, confiscate or possess, any actual or purported passport or other
travel, immigration or working permit or document, or any other actual or purported
government identification, of any person in order to prevent or restrict, or attempt to
prevent or restrict, without lawful authority, the persons liberty to move or travel in
order to maintain the labor or services of that person; or
"(j) To utilize his or her office to impede the investigation, prosecution or execution of
lawful orders in a case under this Act."
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be
considered as qualified trafficking:
"x x x
"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a public
officer or employee;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
"(h) When the offender commits one or more violations of Section 4 over a period of sixty
(60) or more days, whether those days are continuous or not; and
"(i) When the offender directs or through another manages the trafficking victim in carrying
out the exploitative purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 7. Confidentiality. At any stage of the investigation, rescue, prosecution and trial of
an offense under this Act, law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to the case, shall protect the right
to privacy of the trafficked person. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of
the parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or any other information tending to establish the
identity of the trafficked person and his or her family shall not be disclosed to the public.

"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of a
film in case of the movie industry, or any person utilizing tri-media facilities or electronic
information technology to cause publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly, voluntarily and willingly
waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be trained on the importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims to file complaints."
Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases.
"(a) Initiation of Investigation. Law enforcement agencies are mandated to immediately
initiate investigation and counter-trafficking-intelligence gathering upon receipt of statements
or affidavit from victims of trafficking, migrant workers, or their families who are in possession
of knowledge or information about trafficking in persons cases.
"(b) Prosecution of Cases. Any person who has personal knowledge of the commission of
any offense under this Act, such as the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
"(c) Affidavit of Desistance. Cases involving trafficking in persons should not be dismissed
based on the affidavit of desistance executed by the victims or their parents or legal
guardians. Public and private prosecutors are directed to oppose and manifest objections to
motions for dismissal.
"Any act involving the means provided in this Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the complainant shall be punishable under this Act."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this
Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment
of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitment agency involved in trafficking. The license of a recruitment
agency which trafficked a child shall be automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);
"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission;
"(h) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or
her sentence and be barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits shall
likewise be forfeited; and

"(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in
the immediate rescission of the decree of adoption."
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services of a
trafficked person for prostitution shall be penalized with the following: Provided, That the
Probation Law (Presidential Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos
(P100,000.00): Provided, however, That the following acts shall be exempted thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious
conduct with a child, the penalty shall be reclusion temporal in its medium period
to reclusion perpetua or seventeen (17) years to forty (40) years imprisonment and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual
intercourse with, a male or female trafficking victim and also involves the use of force
or intimidation, to a victim deprived of reason or to an unconscious victim, or a victim
under twelve (12) years of age, instead of the penalty prescribed in the subparagraph
above the penalty shall be a fine of not less than One million pesos (P1,000,000.00)
but not more than Five million pesos (P5,000,000.00) and imprisonment
ofreclusion perpetua or forty (40) years imprisonment with no possibility of parole;
except that if a person violating paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of trafficking, the offender shall not be
likewise penalized under this section but under Section 10 as a person violating
Section 4; and if in committing such an offense, the offender also knows a qualifying
circumstance for trafficking, the offender shall be penalized under Section 10 for
qualified trafficking. If in violating this section the offender also violates Section 4, the
offender shall be penalized under Section 10 and, if applicable, for qualified
trafficking instead of under this section;
"(b) Deportation. If a foreigner commits any offense described by paragraph (1) or
(2) of this section or violates any pertinent provision of this Act as an accomplice or
accessory to, or by attempting any such offense, he or she shall be immediately
deported after serving his or her sentence and be barred permanently from entering
the country; and
"(c) Public Official. If the offender is a public official, he or she shall be dismissed
from service and shall suffer perpetual absolute disqualification to hold public, office,
in addition to any imprisonment or fine received pursuant to any other provision of
this Act."

Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6, or against a child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage, or in the case of a child victim, from
the day the child reaches the age of majority, and shall be interrupted by the filing of the
complaint or information and shall commence to run again when the proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason
not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking in Persons. The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For
this purpose, the following agencies are hereby mandated to implement the following
programs:
"(a) Department of Foreign Affairs (DFA) shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in eliminating
trafficking activities through closer networking with government agencies in the
country and overseas, particularly in the formulation of policies and implementation
of relevant programs. It shall provide Filipino victims of trafficking overseas with free
legal assistance and counsel to pursue legal action against his or her traffickers,
represent his or her interests in any criminal investigation or prosecution, and assist
in the application for social benefits and/or regular immigration status as may be
allowed or provided for by the host country. The DFA shall repatriate trafficked
Filipinos with the consent of the victims.
"The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall provide free
temporary shelters and other services to Filipino victims of trafficking overseas
through the migrant workers and other overseas Filipinos resource centers
established overseas under Republic Act No. 8042, as amended.
"(b) Department of Social Welfare and Development (DSWD) shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for

intervention in various levels of the community. It shall establish free temporary

shelters, for the protection and housing of trafficked persons to provide the following
basic services to trafficked persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling and
referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and schools
teaching parents and families that receiving consideration in exchange for adoption is
punishable under the law. Furthermore, information campaigns must be conducted
with the police that they must not induce poor women to give their children up for
adoption in exchange for consideration.
"(c) Department of Labor and Employment (DOLE) shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document and
report cases of trafficking in persons involving employers and labor recruiters.
"(d) Department of Justice (DOJ) shall ensure the prosecution of persons accused
of trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.
"(e) Philippine Commission on Women (PCW) shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall
likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for womens issues.
"(f) Bureau of Immigration (BI) shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the apprehension of suspected
traffickers both at the place of arrival and departure and shall ensure compliance by
the Filipino fiancs/fiances and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI)
shall be the primary law enforcement agencies to undertake surveillance,

investigation and arrest of individuals or persons suspected to be engaged in

trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation and
apprehension of suspected traffickers. They shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas Workers
and Welfare Administration (OWWA) POEA shall implement Pre-Employment
Orientation Seminars (PEOS) while Pre-Departure Orientation Seminars (PDOS)
shall be conducted by the OWWA. It shall likewise formulate a system of providing
free legal assistance to trafficked persons, in coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters and
persons facing administrative, civil and criminal complaints for trafficking filed in the
receiving country and/or in the Philippines and those agencies, illegal recruiters and
persons involved in cases of trafficking who have been rescued by the DFA and
DOLE in the receiving country or in the Philippines even if no formal administrative,
civil or criminal complaints have been filed: Provided, That the rescued victims shall
execute an affidavit attesting to the acts violative of the anti-trafficking law. This
blacklist shall be posted in conspicuous places in concerned government agencies
and shall be updated bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act No.
8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to conduct
PEOS and PDOS, respectively. The PEOS and PDOS should include the discussion
and distribution of the blacklist.
"The license or registration of a recruitment agency that has been blacklisted may be
suspended by the POEA upon a review of the complaints filed against said agency.
"(i) Department of the Interior and Local Government (DILG) shall institute a
systematic information and prevention campaign in coordination with pertinent
agencies of government as provided for in this Act. It shall provide training programs
to local government units, in coordination with the Council, in ensuring wide
understanding and application of this Act at the local level.
"(j) Commission on Filipinos Overseas shall conduct pre-departure counseling
services for Filipinos in intermarriages. It shall develop a system for accreditation of
NGOs that may be mobilized for purposes of conducting pre-departure counseling
services for Filipinos in intermarriages. As such, it shall ensure that the counselors
contemplated under this Act shall have the minimum qualifications and training of
guidance counselors as provided for by law.

"It shall likewise assist in the conduct of information campaigns against trafficking in
coordination with local government units, the Philippine Information Agency, and
NGOs.
"(k) Local government units (LGUs) shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with
the DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas
(CFO), NGOs and other concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking in persons.
"In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, peoples organizations (POs), civic organizations and other
volunteer groups."
Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons central
database shall be established by the Inter-Agency Council Against Trafficking created under
Section 20 of this Act. The Council shall submit a report to the President of the Philippines
and to Congress, on or before January 15 of every year, with respect to the preceding years
programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring and
data collection systems, and databases, for purposes of ensuring efficient collection and
storage of data on cases of trafficking in persons handled by their respective offices. Such
data shall be submitted to the Council for integration in a central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions, reporting
formats, data collection systems, and data verification systems. Such databases shall have,
at the minimum, the following information:
"(a) The number of cases of trafficking in persons, sorted according to status of
cases, including the number of cases being investigated, submitted for prosecution,
dropped, and filed and/or pending before the courts and the number of convictions
and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by
destination countries/areas and by area of origin; and

"(d) Disaggregated data on trafficking victims and the accused/defendants."

Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. Trafficked persons shall be recognized
as victims of the act or acts of trafficking and as such, shall not be penalized for unlawful acts
committed as a direct result of, or as an incident or in relation to, being trafficked based on
the acts of trafficking enumerated in this Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are
not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted,
fined, or otherwise penalized under the said law."
Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked Victims. The rescue of victims should be
done as much as possible with the assistance of the DSWD or an accredited NGO that
services trafficked victims. A law enforcement officer, on a reasonable suspicion that a
person is a victim of any offense defined under this Act including attempted trafficking, shall
immediately place that person in the temporary custody of the local social welfare and
development office, or any accredited or licensed shelter institution devoted to protecting
trafficked persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims
and of Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means.
The past sexual behavior or the sexual predisposition of a trafficked person shall be
considered inadmissible in evidence for the purpose of proving consent of the victim to
engage in sexual behavior, or to prove the predisposition, sexual or otherwise, of a trafficked
person. Furthermore, the consent of a victim of trafficking to the intended exploitation shall
be irrelevant where any of the means set forth in Section 3(a) of this Act has been used."
Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. No action or suit
shall be brought, instituted or maintained in any court or tribunal or before any other authority
against any: (a) law enforcement officer; (b) social worker; or (c) person acting in compliance
with a lawful order from any of the above, for lawful acts done or statements made during an
authorized rescue operation, recovery or rehabilitation/intervention, or an investigation or
prosecution of an anti-trafficking case: Provided, That such acts shall have been made in
good faith.

"The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance
pending final resolution and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers, illegal recruiters
and persons involved in trafficking may be issued motu proprio by judges."
Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking. There is hereby established an InterAgency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1) representative
each from among the sectors representing women, overseas Filipinos, and children,
with a proven record of involvement in the prevention and suppression of trafficking
in persons. These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term of three
(3) years.
"The members of the Council may designate their permanent representatives who shall have
a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations."

Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. The Department of Justice shall establish the
necessary Secretariat for the Council.
"The secretariat shall provide support for the functions and projects of the Council. The
secretariat shall be headed by an executive director, who shall be appointed by the
Secretary of the DOJ upon the recommendation of the Council. The executive director must
have adequate knowledge on, training and experience in the phenomenon of and issues
involved in trafficking in persons and in the field of law, law enforcement, social work,
criminology, or psychology.
"The executive director shall be under the supervision of the Inter-Agency Council Against
Trafficking through its Chairperson and Co-Chairperson, and shall perform the following
functions:
"(a) Act as secretary of the Council and administrative officer of its secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those involving
mobilization of government offices represented in the Council as well as other
relevant government offices, task forces, and mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision of
council administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council objectives,
policies, plans and programs;
"(g) Submit periodic reports to the Council on the progress of council objectives,
policies, plans and programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. The State shall exercise jurisdiction over any act
defined and penalized under this Act, even if committed outside the Philippines and whether
or not such act or acts constitute an offense at the place of commission, the crime being a

continuing offense, having been commenced in the Philippines and other elements having
been committed in another country, if the suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or
is prosecuting such person for the conduct constituting such offense, except upon the
approval of the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the Philippines
to the appropriate international court if any, or to another State pursuant to the applicable
extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"SEC. 28. Funding. The amount necessary to implement the provisions of this Act shall be
charged against the current years appropriations of the Inter-Agency Council Against
Trafficking under the budget of the DOJ and the appropriations of the other concerned
departments. Thereafter, such sums as may be necessary for the continued implementation
of this Act shall be included in the annual General Appropriations Act."
1wphi1

Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. The amount collected from every penalty,
fine or asset derived from any violation of this Act shall be earmarked as additional funds for
the use of the Council. The fund may be augmented by grants, donations and endowment
from various sources, domestic or foreign, for purposes related to their functions, subject to
the existing accepted rules and regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to
read as follows:
"SEC. 32. Repealing Clause. Article 202 of the Revised Penal Code, as amended, and all
laws, acts, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended,
modified or repealed accordingly: Provided,That this Act shall not in any way amend or
repeal the provisions of Republic Act No. 7610, otherwise known as the Special Protection
of Child Against Child Abuse, Exploitation and Discrimination Act."
Section 27. Section 33 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 33. Effectivity. This Act shall take effect fifteen (15) days following its complete
publication in at least two (2) newspapers of general circulation."
REPUBLIC ACT NO. 10353
AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as the "Anti-Enforced or Involuntary Disappearance
Act of 2012.
Section 2. Declaration of Policy. The State values the dignity of every human person and
guarantees full respect for human rights for which highest priority shall be given to the enactment of
measures for the enhancement of the right of all people to human dignity, the prohibition against
secret detention places, solitary confinement, incommunicado, or other similar forms of detention,
the provision for penal and civil sanctions for such violations, and compensation and rehabilitation
for the victims and their families, particularly with respect to the use of torture, force, violence, threat,
intimidation or any other means which vitiate the free will of persons abducted, arrested, detained,
disappeared or otherwise removed from the effective protection of the law.
Furthermore, the State adheres to the principles and standards on the absolute condemnation of
human rights violations set by the 1987 Philippine Constitution and various international instruments
such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), and the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),
to which the Philippines is a State party.
Section 3. Definitions. For purposes of this Act, the following terms shall be defined as follows:
(a) Agents of the State refer to persons who, by direct provision of the law, popular election
or appointment by competent authority, shall take part in the performance of public functions
in the government, or shall perform in the government or in any of its branches public duties
as an employee, agent or subordinate official, of any rank or class.
(b) Enforced or involuntary disappearance refers to the arrest, detention, abduction or any
other form of deprivation of liberty committed by agents of the State or by persons or groups
of persons acting with the authorization, support or acquiescence of the State, followed by a
refusal to acknowledge the deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which places such person outside the protection of
the law.
(c) Order of Battle refers to a document made by the military, police or any law enforcement
agency of the government, listing the names of persons and organizations that it perceives
to be enemies of the State and which it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by domestic and international law.

(d) Victim refers to the disappeared person and any individual who has suffered harm as a
direct result of an enforced or involuntary disappearance as defined in letter (b) of this
Section.
Section 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance. The right
against enforced or involuntary disappearance and the fundamental safeguards for its prevention
shall not be suspended under any circumstance including political instability, threat of war, state of
war or other public emergencies.
Section 5. "Order of Battle" or Any Order of Similar Nature, Not Legal Ground, for Enforced or
Involuntary Disappearance. An "Order of Battle" or any order of similar nature, official or otherwise,
from a superior officer or a public authority causing the commission of enforced or involuntary
disappearance is unlawful and cannot be invoked as a justifying or exempting circumstance. Any
person receiving such an order shall have the right to disobey it.
Section 6. Right of Access to Communication. It shall be the absolute right of any person deprived
of liberty to have immediate access to any form of communication available in order for him or her to
inform his or her family, relative, friend, lawyer or any human rights organization on his or her
whereabouts and condition.
Section 7. Duty to Report Victims of Enforced or Involuntary Disappearance. Any person, not
being a principal, accomplice or accessory, who has an information of a case of enforced or
involuntary disappearance or who shall learn of such information or that a person is a victim of
enforced or involuntary disappearance, shall immediately report in writing the circumstances and
whereabouts of the victim to any office, detachment or division of the Department of the Interior and
Local Government (DILG), the Department of National Defense (DND), the Philippine National
Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (NBI),
the City or Provincial Prosecutor, the Commission on Human Rights (CHR) or any human rights
organization and, if known, the victims family, relative, or lawyer.
Section 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared Persons
Whereabouts. In case a family member, relative, lawyer, representative of a human rights
organization or a member of the media inquires with a member or official of any police or military
detention center, the PNP or any of its agencies, the AFP or any of its agencies, the NBI or any other
agency or instrumentality of the government, as well as any hospital or morgue, public or private, on
the presence or whereabouts of a reported victim of enforced or involuntary disappearance, such
member or official shall immediately issue a certification in writing to the inquiring person or entity on
the presence or absence and/or information on the whereabouts of such disappeared person,
stating, among others, in clear and unequivocal manner the date and time of inquiry, details of the
inquiry and the response to the inquiry.
Section 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial Official
or Employee. Any inquest or investigating public prosecutor, or any judicial or quasi-judicial official
or employee who learns that the person delivered for inquest or preliminary investigation or for any
other judicial process is a victim of enforced or involuntary disappearance shall have the duty to

immediately disclose the victims whereabouts to his or her immediate family, relatives, lawyer/s or to
a human rights organization by the most expedient means.
Section 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons detained
or confined shall be placed solely in officially recognized and controlled places of detention or
confinement where an official up-to-date register of such persons shall be maintained. Relatives,
lawyers, judges, official bodies and all persons who have legitimate interest in the whereabouts and
condition of the persons deprived of liberty shall have free access to the register.
The following details, among others, shall be recorded, in the register:
(a) The identity or name, description and address of the person deprived of liberty;
(b) The date, time and location where the person was deprived of liberty and the identity of
the person who made such deprivation of liberty;
(c) The authority who decided the deprivation of liberty and the reasons for the deprivation of
liberty or the crime or offense committed;
(d) The authority controlling the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to the place of
deprivation of liberty and the authority responsible for the place of deprivation of liberty;
(f) Records of physical, mental and psychological condition of the detained or confined
person before and after the deprivation of liberty and the name and address of the physician
who examined him or her physically, mentally and medically;
(g) The date and time of release or transfer of the detained or confined person to another
place of detention, the destination and the authority responsible for the transfer;
(h) The date and time of each removal of the detained or confined person from his or her
cell, the reason or purpose for such removal and the date and time of his or her return to his
or her cell;
(i) A summary of the physical, mental and medical findings of the detained or confined
person after each interrogation;
(j) The names and addresses of the persons who visit the detained or confined person and
the date and time of such visits and the date and time of each departure;
(k) In the event of death during the deprivation of liberty, the identity, the circumstances and
cause of death of the victim as well as the destination of the human remains; and
(l) All other important events bearing on and all relevant details regarding the treatment of
the detained or confined person.

Provided, That the details required under letters (a) to (f) shall be entered immediately in the register
upon arrest and/or detention.
All information contained in the register shall be regularly or upon request reported to the CHR or
any other agency of government tasked to monitor and protect human rights and shall be made
available to the public.
Section 11. Submission of List of Government Detention Facilities. Within six (6) months from the
effectivity of this Act and as may be requested by the CHR thereafter, all government agencies
concerned shall submit an updated inventory or list of all officially recognized and controlled
detention or confinement facilities, and the list of detainees or persons deprived of liberty under their
respective jurisdictions to the CHR.
Section 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo and
Habeas Data. All proceedings pertaining to the issuance of the writs of habeas corpus,
amparo and habeas data shall be dispensed with expeditiously. As such, all courts and other
concerned agencies of government shall give priority to such proceedings.
Moreover, any order issued or promulgated pursuant to such writs or their respective proceedings
shall be executed and complied with immediately.
Section 13. Visitation /Inspection of Places of Detention and, Confinement. The CHR or its duly
authorized representatives are hereby mandated and authorized to conduct regular, independent,
unannounced and unrestricted visits to or inspection of all places of detention and confinement.
Section 14. Liability of Commanding Officer or Superior. - The immediate commanding officer of the
unit concerned of the AFP or the immediate senior official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of enforced or involuntary disappearance for
acts committed by him or her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his or her subordinates. If such commanding officer has
knowledge of or, owing to the circumstances at the time, should have known that an enforced or
involuntary disappearance is being committed, or has been committed by subordinates or by others
within the officers area of responsibility and, despite such knowledge, did not take preventive or
coercive action either before, during or immediately after its commission, when he or she has the
authority to prevent or investigate allegations of enforced or involuntary disappearance but failed to
prevent or investigate such allegations, whether deliberately or due to negligence, shall also be held
liable as principal.
Section 15. Penal Provisions. (a) The penalty of reclusion perpetua and its accessory penalties
shall be imposed upon the following persons:
(1) Those who directly committed the act of enforced or involuntary disappearance;
(2) Those who directly forced, instigated, encouraged or induced others to commit the act of
enforced or involuntary disappearance;

(3) Those who cooperated in the act of enforced or involuntary disappearance by committing
another act without which the act of enforced or involuntary disappearance would not have
been consummated;
(4) Those officials who allowed the act or abetted in the consummation of enforced or
involuntary disappearance when it is within their power to stop or uncover the commission
thereof; and
(5) Those who cooperated in the execution of the act of enforced or involuntary
disappearance by previous or simultaneous acts.
(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon those who
shall commit the act of enforced or involuntary disappearance in the attempted stage as provided for
and defined under Article 6 of the Revised Penal Code.
(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon
persons who, having knowledge of the act of enforced or involuntary disappearance and without
having participated therein, either as principals or accomplices, took part subsequent to its
commission in any of the following manner:
(1) By themselves profiting from or assisting the offender to profit from the effects of the act
of enforced or involuntary disappearance;
(2) By concealing the act of enforced or involuntary disappearance and/or destroying the
effects or instruments thereof in order to prevent its discovery; or
(3) By harboring, concealing or assisting in the escape of the principal/s in the act of
enforced or involuntary disappearance, provided such accessory acts are done with the
abuse of official functions.
(d) The penalty of prision correctional and its accessory penalties shall be imposed against persons
who defy, ignore or unduly delay compliance with any order duly issued or promulgated pursuant to
the writs of habeas corpus, amparo and habeas data or their respective proceedings.
(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person
who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.
Section 16. Preventive Suspension/Summary Dismissal. Government officials and personnel who
are found to be perpetrators of or participants in any manner in the commission of enforced or
involuntary disappearance as a result of a preliminary investigation conducted for that purpose shall
be preventively suspended or summarily dismissed from the service, depending on the strength of
the evidence so presented and gathered in the said preliminary investigation or as may be
recommended by the investigating authority.

Section 17. Civil Liability. The act of enforced or involuntary disappearance shall render its
perpetrators and the State agencies which organized, acquiesced in or tolerated such
disappearance liable under civil law.
Section 18. Independent Liability. The criminal liability of the offender under this Act shall be
independent of or without prejudice to the prosecution and conviction of the said offender for any
violation of Republic Act No. 7438, otherwise known as "An Act Defining Certain Rights of Person
Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining,
and Investigating Officers, and Providing Penalties for Violations Thereof; Republic Act No. 9745,
otherwise known as "An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment
or Punishment, and Prescribing Penalties Therefor"; and applicable provisions of the Revised Penal
Code.
Section 19. Nonexclusivity or Double Jeopardy Under International Law. Any investigation, trial
and decision in any Philippines court, or body for any violation of this Act shall; be without prejudice
to any investigation, trial, decision or any other legal or administrative process before any
appropriate international court or agency under applicable international human rights and
humanitarian law.
Section 20. Exemption from Prosecution. Any offender who volunteers information that leads to
the discovery of the victim of enforced or involuntary disappearance or the prosecution of the
offenders without the victim being found shall be exempt from any criminal and/or civil liability under
this Act: Provided, That said offender does not appear to be the most guilty.
Section 21. Continuing Offense. An act constituting enforced or involuntary disappearance shall
be considered a continuing offense as long as the perpetrators continue to conceal the fate and
whereabouts of the disappeared person and such circumstances have not been determined with
certainty.
Section 22. Statue of Limitations Exemption. The prosecution of persons responsible for enforced
or involuntary disappearance shall not prescribe unless the victim surfaces alive. In which case, the
prescriptive period shall be twenty-five (25) years from the date of such reappearance.
Section 23. Special Amnesty Law Exclusion. Persons who are changed with and/or guilty of the
act of enforced or involuntary disappearance shall not benefit from any special amnesty law or other
similar executive measures that shall exempt them from any penal proceedings or sanctions.
Section 24. State Protection The State, through its appropriate agencies, shall ensure the safety
of all persons involved in the search, investigation and prosecution of enforced or involuntary
disappearance including, but not limited to, the victims, their families, complainants, witnesses, legal
counsel and representatives of human rights organizations and media. They shall likewise be
protected from any intimidation or reprisal.
Section 25. Applicability of Refouler. No person shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such person shall be in danger of being
subjected to enforced or involuntary disappearance. For purposes of determining whether such

grounds exist, the Secretary of the Department, of Foreign Affairs (DFA) and the Secretary of the
Department of Justice (DOJ) in coordination with the Chairperson of the CHR, shall take into
account all relevant considerations including where applicable and not limited to, the existence in the
requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.
Section 26. Restitution and Compensation to Victims of Enforced or Involuntary Disappearance
and/or Their Immediate Relatives. The victims of enforced or involuntary disappearance who
surface alive shall be entitled to monetary compensation, rehabilitation and restitution of honor and
reputation. Such restitution of honor and reputation shall include immediate expunging or
rectification of any derogatory record, information or public declaration/statement on his or her
person, personal circumstances, status, and/or organizational affiliation by the appropriate
government or private agency or agencies concerned.
The immediate relatives of a victim of enforced or involuntary disappearance, within the fourth civil
degree of consanguinity or affinity, may also claim for compensation as provided for under Republic
Act No. 7309, entitled "An Act Creating a Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes",
and other relief programs of the government.
The package of indemnification for both the victims and the immediate relatives within the fourth civil
degree of consanguinity or affinity shall be without prejudice to other legal remedies that may be
available to them.
Section 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders. In order
that the victims of enforced or involuntary disappearance who surfaced alive and/or their immediate
relatives within the fourth civil degree of consanguinity or affinity, may be effectively reintegrated into
the mainstream of society and in the process of development, the State, through the CHR, in
coordination with the Department of Health, the Department of Social Welfare and Development
(DSWD) and the concerned nongovernment organization/s, shall provide them with appropriate
medical care and rehabilitation free of charge.
Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have
committed enforced or involuntary disappearance shall likewise be implemented without cost to such
offenders.
Section 28. Implementing Rules and Regulations. Within thirty (30) days from the effectivity of this
Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary Disappearance (FIND) and
the Families ofDesaparecidos for Justice (Desaparecidos), in consultation with other human rights
organizations, shall jointly promulgate the rules and regulations for the effective implementation of
this Act and shall ensure the full dissemination of the same to the public.
Section 29. Suppletory Applications. The applicable provisions of the Revised Penal Code shall
have suppletory application insofar as they are consistent with the provisions of this Act.
Section 30. Appropriations. The amount of Ten million pesos (P10,000,000.00) is hereby
appropriated for the initial implementation of this Act by the CHR. Subsequent fluids for the

continuing implementation of this Act shall be included in the respective budgets of the CHR and the
DOJ in the annual General Appropriations Act.
Section 31. Separability Clause. If for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full
force and effect.
Section 32. Repealing Clause. All laws, decrees, executive orders, rules and regulations and
other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.
Section 33. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation or the Official Gazette, which shall not be later than
seven (7) days after the approval thereof.
Approved,