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REPUBLIC ACT NO.

7659

AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,


AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED,
OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES

WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1) thereof,
states "Excessive fines shall not be imposed nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. . .";

WHEREAS, the crimes punishable by death under this Act are heinous for being
grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the
common standards and norms of decency and morality in a just, civilized and ordered
society;

WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in
the loss of human lives and wanton destruction of property but also affected the nation's
efforts towards sustainable economic development and prosperity while at the same
time has undermined the people's faith in the Government and the latter's ability to
maintain peace and order in the country;

WHEREAS, the Congress, in the justice, public order and the rule of law, and the need
to rationalize and harmonize the penal sanctions for heinous crimes, finds compelling
reasons to impose the death penalty for said crimes;

Now, therefore,

Section 1. Declaration of Policy. - It is hereby declared the policy of the State to foster
and ensure not only obedience to its authority, but also to adopt such measures as
would effectively promote the maintenance of peace and order, the protection of life,
liberty and property, and the promotion of the general welfare which are essential for the
enjoyment by all the people of the blessings of democracy in a just and humane society;

Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to
read as follows:

"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or
adheres to her enemies giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine
not to exceed 100,000 pesos."

No person shall be convicted of treason unless on the testimony of two witnesses


at least to the same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as


defined in paragraph 1 of this Article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed 100,000 pesos."

Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is
hereby amended to read as follows:

"Section Three. - Piracy and mutiny on the high seas or in the Philippine waters

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. -
The penalty of reclusion perpetua shall be inflicted upon any person who, on the
high seas, or in Philippine waters, shall attack or seize a vessel or, not being a
member of its complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in
Philippine waters."

Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be
imposed upon those who commit any of the crimes referred to in the preceding
article, under any of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the


same;

2. Whenever the pirates have abandoned their victims without means of


saving themselves or;

3. Whenever the crime is accompanied by murder, homicide, physical


injuries or rape."

Section 4. There shall be incorporated after Article 211 of the same Code a new article
to read as follows:

"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty for
the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer
the penalty of death."

Section 5. The penalty of death for parricide under Article 246 of the same Code is
hereby restored, so that it shall read as follows:

"Art. 246. Parricide. - Any person who shall kill his father, mother, or child,
whether legitimate of illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death."

Section 6. Article 248 of the same Code is hereby amended to read as follows:

"Art. 248. Murder. - Any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by reclusion
perpetua, to death if committed with any of the following attendant
circumstances:

1. With treachery, taking advantage of superior strength, with the aid of


armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.

2. In consideration of a price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of


a vessel, derailment or assault upon a railroad, fall of an airship, or by
means of motor vehicles, or with the use of any other means involving
great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding


paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of


the victim, or outraging or scoffing at his person or corpse."
Section 7. Article 255 of the same Code is hereby amended to read as follows:

"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any person who shall kill any child
less than three days of age.

If any crime penalized in this Article be committed by the mother of the child for
the purpose of concealing her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said crime be committed for
the same purpose by the maternal grandparents or either of them, the penalty
shall be reclusion temporal."

Section 8. Article 267 of the same Code is hereby amended to read as follows:

"Art. 267. Kidnapping and serious illegal detention. - Any private individual who
shall kidnap or detain another, or in any other manner deprive him of his liberty,
shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than three days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.

4. If the person kidnapped or detained shall be a minor, except when the


accused is any of the parents, female or a public officer.

The penalty shall be death penalty where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances above-mentioned were present in the
commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped, or


is subjected to torture or dehumanizing acts, the maximum penalty shall be
imposed."

Section 9. Article 294 of the same Code is hereby amended to read as follows:

"Art. 294. Robbery with violence against or intimidation of persons - Penalties. -


Any person guilty of robbery with the use of violence against or intimidation of
any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on


occasion of the robbery, the crime of homicide shall have been committed,
or when the robbery shall have been accompanied by rape or intentional
mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion


perpetua, when or if by reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision I of Article 263 shall have been
inflicted.

3. The penalty of reclusion temporal, when by reason or on occasion of


the robbery, any of the physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding paragraph, shall have been
inflicted.

4. The penalty of prision mayor in its maximum period to reclusion


temporal in its medium period, if the violence or intimidation employed in
the commission of the robbery shall have been carried to a degree clearly
unnecessary for the commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by
subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period to prision


mayor in its medium period in other cases."

Section 10. Article 320 of the same Code is hereby amended to read as follows:

"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be
imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of


burning, or as a result of simultaneous burnings, committed on several or
different occasions.

2. Any building of public or private ownership, devoted to the public in


general or where people usually gather or congregate for a definite
purpose such as, but not limited to, official governmental function or
business, private transaction, commerce, trade, workshop, meetings and
conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyances or stops
or terminals, regardless of whether the offender had knowledge that there
are persons in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to


transportation or conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances


thereto, which are devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or


destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances,


the penalty of reclusion perpetua to death shall likewise be imposed when the
arson is perpetrated or committed by two (2) or more persons or by a group of
persons, regardless of whether their purpose is merely to burn or destroy the
building or the burning merely constitutes an overt act in the commission or
another violation of law.

The penalty of reclusion perpetua to death shall also be imposed upon any
person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks


factory, ordnance, storehouse, archives or general museum of the
Government.

2. In an inhabited place, any storehouse or factory of inflammable or


explosive materials.

If as a consequence of the commission of any of the acts penalized under


this Article, death results, the mandatory penalty of death shall be
imposed."

Section 11. Article 335 of the same Code is hereby amended to read as follows:

"Art. 335. When and how rape is committed. - Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age or is demented.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by
two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane,
the penalty shall be death.

When the rape is attempted or frustrated and a homicide is committed by reason


or on the occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, a homicide is committed, the


penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with
any of the following attendant circumstances:

1. when the victim is under eighteen (18) years of age and the offender is
a parent, ascendant, step-parent, guardian, relative by consanguinity or
affinity within the third civil degree, or the common-law-spouse of the
parent of the victim.

2. when the victim is under the custody of the police or military authorities.

3. when the rape is committed in full view of the husband, parent, any of
the children or other relatives within the third degree of consanguinity.

4. when the victim is a religious or a child below seven (7) years old.

5. when the offender knows that he is afflicted with Acquired Immune


Deficiency Syndrome (AIDS) disease.

6. when committed by any member of the Armed Forces of the Philippines


or the Philippine National Police or any law enforcement agency.

7. when by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation."

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the
Crime of Plunder) is hereby amended to read as follows:

"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by
himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the
crime of plunder and shall be punished by reclusion perpetua to death. Any
person who participated with the said public officer in the commission of an
offense contributing to the crime of plunder shall likewise be punished for such
offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the court. The court shall declare
any and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State."
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act 1972, are hereby amended to read as
follows:

"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua to


death and a fine ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized by law, shall import or
bring into the Philippines any prohibited drug.

"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of


Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine from
five hundred thousand pesos to ten million pesos shall be imposed upon any
person who, unless authorized by law, shall sell, administer, deliver, give away to
another, distribute, dispatch in transit or transport any prohibited drug, or shall act
as a broker in any of such transactions.

Notwithstanding the provisions of Section 20 of this Act to the contrary, if the


victim of the offense is a minor, or should a prohibited drug involved in any
offense under this Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be imposed.

"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. - The
penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person or group
of persons who shall maintain a den, dive or resort where any prohibited drug is
used in any form or where such prohibited drugs in quantities specified in Section
20, Paragraph 1 of this Act are found.

Notwithstanding the provisions of Section 20 of this Act to the contrary, the


maximum of the penalty shall be imposed in every case where a prohibited drug
is administered, delivered or sold to a minor who is allowed to use the same in
such place.

Should a prohibited drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the maximum penalty herein provided shall
be imposed on the maintainer notwithstanding the provisions of Section 20 of this
Act to the contrary.

"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua to


death and fine ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized by law, shall engage
in the manufacture of any prohibited drug.

"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion


perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who, unless authorized by law,
shall possess or use any prohibited drug subject to the provisions of Section 20
hereof.

"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The


penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who shall
plant, cultivate or culture any medium Indian hemp, opium poppy (papaver
somniferum), or any other plant which is or may hereafter be classified as
dangerous drug or from which any dangerous drug may be manufactured or
derived.

The land or portions hereof, and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated to the State, unless the
owner thereof can prove that he did not know such cultivation or culture despite
the exercise of due diligence on his part.
If the land involved in is part of the public domain, the maximum of the penalties
herein provided shall be imposed upon the offender."

Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read as
follows:

"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetua to


death and a fine ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized by law, shall import or
bring any regulated drug in the Philippines.

"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion perpetua


to death and a fine ranging from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who, unless authorized by law, shall
engage in the manufacture of any regulated drug.

"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and


Distribution of Regulated Drugs. - The penalty of reclusion perpetua to death and
a fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law, shall sell, dispense,
deliver, transport or distribute any regulated drug.

Notwithstanding the provisions of Section 20 of this Act to the contrary, if the


victim of the offense is a minor, or should a regulated drug involved in any
offense under this Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be imposed."

Section 15. There shall be incorporated after Section 15 of Article III of Republic Act
No. 6425, as amended, known as the Dangerous Drug Act of 1972, a new section to
read as follows:

"Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. - The
penalty of reclusion perpetua to death and a fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any person or group
of persons who shall maintain a den, dive or resort where any regulated drugs is
used in any form, or where such regulated drugs in quantities specified in Section
20, paragraph 1 of this Act are found.

Notwithstanding the provisions of Section 20 of this Act to the contrary, the


maximum penalty herein provided shall be imposed in every case where a
regulated drug is administered, delivered or sold to a minor who is allowed to use
the same in such place.

Should a regulated drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the maximum penalty herein provided shall
be imposed on the maintainer notwithstanding the provisions of Section 20 of this
Act to the contrary."

Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as
the Dangerous Drugs Act of 1972, is amended to read as follows:

"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion


perpetua to death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person who shall possess or use any
regulated drug without the corresponding license or prescription, subject to the
provisions of Section 20 hereof."

Section 17. Section 20, Article IV of Republic Act No. 6425, as amended, known
as the Dangerous Drugs Act of 1972, is hereby amended to read as follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or
Instruments of the Crime. - The penalties for offenses under Section 3, 4, 7, 8
and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall
be applied if the dangerous drugs involved is in any of the following quantities :

1. 40 grams or more of opium;

2. 40 grams or more of morphine;

3. 200 grams or more of shabu or methylamphetamine hydrochloride;

4. 40 grams or more of heroin;

5. 750 grams or more of indian hemp or marijuana;

6. 50 grams or more of marijuana resin or marijuana resin oil;

7. 40 grams or more of cocaine or cocaine hydrochloride; or

8. In the case of other dangerous drugs, the quantity of which is far


beyond therapeutic requirements, as determined and promulgated by the
Dangerous Drugs Board, after public consultations/hearings conducted for
the purpose.

Otherwise, if the quantity involved is less than the foregoing quantities, the
penalty shall range from prision correccional to reclusion perpetua depending
upon the quantity.

Every penalty imposed for the unlawful importation, sale, administration, delivery,
transportation or manufacture of dangerous drugs, the cultivation of plants which
are sources of dangerous drugs and the possession of any opium pipe and other
paraphernalia for dangerous drugs shall carry with it the confiscation and
forfeiture, in favor of the Government, of all the proceeds of the crime including
but not limited to money and other obtained thereby and the instruments or tools
with which it was committed, unless they are the property of a third person not
liable for the offense, but those which are not of lawful commerce shall be
ordered destroyed without delay. Dangerous drugs and plant sources of such
drugs as well as the proceeds or instruments of the crime so confiscated and
forfeited in favor of the Government shall be turned over to the Board for proper
disposal without delay.

Any apprehending or arresting officer who misappropriates or misapplies or fails


to account for seized or confiscated dangerous drugs or plant-sources of
dangerous drugs or proceeds or instruments of the crime as are herein defined
shall after conviction be punished by the penalty of reclusion perpetua to death
and a fine ranging from five hundred thousand pesos to ten million pesos."

Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, a new section to read as
follows:

"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any


provision of this Act where the imposable penalty is reclusion perpetua to death
shall not be allowed to avail of the provision on plea bargaining."

Section 19. Section 24 of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, is hereby amended to read as follows :

"Sec. 24. Penalties for Government Official and Employees and Officers and
Members of Police Agencies and the Armed Forces, 'Planting' of Evidence. - The
maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of
Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall be imposed, if
those found guilty of any of the said offenses are government officials,
employees or officers, including members of police agencies and the armed
forces.

Any such above government official, employee or officer who is found guilty of
"planting" any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of
Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or
in the immediate vicinity of another as evidence to implicate the latter, shall suffer
the same penalty as therein provided."

Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-
Carnapping Act of 1972, is hereby amended to read as follows:

"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping,
as this term is defined in Section Two of this Act, shall, irrespective of the value
of motor vehicle taken, be punished by imprisonment for not less than fourteen
years and eight months and not more than seventeen years and four months,
when the carnapping is committed without violence or intimidation of persons, or
force upon things; and by imprisonment for not less than seventeen years and
four months and not more than thirty years, when the carnapping is committed by
means of violence against or intimidation of any person, or force upon things;
and the penalty of reclusion perpetua to death shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed or raped in the course
of the commission of the carnapping or on the occasion thereof."

Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to
read as follows:

"Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from
twenty years and one day to forty years.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve


years and one day to twenty years.

Prision mayor and temporary disqualification. - The duration of the penalties of


prision mayor and temporary disqualification shall be from six years and one day
to twelve years, except when the penalty of disqualification is imposed as an
accessory penalty, in which case, it shall be that of the principal penalty.

Prision correccional, suspension, and destierro. - The duration of the penalties of


prision correccional, suspension, and destierro shall be from six months and one
day to six years, except when the suspension is imposed as an accessory
penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. - The duration of the penalty of arresto mayor shall be from one
month and one day to six months.

Arresto menor. - The duration of the penalty of arresto menor shall be from one
day to thirty days.

Bond to keep the peace. - The bond to keep the peace shall be required to cover
such period of time as the court may determine."

Section 22. Article 47 of the same Code is hereby amended to read as follows:

Art. 47. In what cases the death penalty shall not be imposed; Automatic review
of the Death Penalty Cases. - The death penalty shall be imposed in all cases in
which it must be imposed under existing laws, except when the guilty person is
below eighteen (18) years of age at the time of the commission of the crime or is
more than seventy years of age or when upon appeal or automatic review of the
case by the Supreme Court, the required majority vote is not obtained for the
imposition of the death penalty, in which cases the penalty shall be reclusion
perpetua.

In all cases where the death penalty is imposed by the trial court, the records
shall be forwarded to the Supreme Court for automatic review and judgment by
the Court en banc, within twenty (20) days but not earlier than fifteen (15) days
after promulgation of the judgment or notice of denial of any motion for new trial
or reconsideration. The transcript shall also be forwarded within ten (10) days
from the filing thereof by the stenographic reporter."

Section 23. Article 62 of the same Code, as amended, is hereby amended to read as
follows :

"Art. 62. Effects of the attendance of mitigating or aggravating circumstances and


of habitual delinquency. - Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially


punishable by law or which are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.

1(a). When in the commission of the crime, advantage was taken by the offender
of his public position, the penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.

The maximum penalty shall be imposed if the offense was committed by any
group who belongs to an organized/syndicated crime group.

An organized/syndicated crime group means a group of two or more persons


collaborating, confederating or mutually helping one another for purposes of gain
in the commission of any crime.

2. The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must of necessity accompany the
commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes


of the offender, or from his private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom such circumstances are
attendant.

4. The circumstances which consist in the material execution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability
of those persons only who had knowledge of them at the time of the execution of
the act or their cooperation therein.

5. Habitual delinquency shall have the following effects :

(a) Upon a third conviction the culprit shall be sentenced to the penalty
provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum
periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to


the penalty provided for the last crime of which he be found guilty and to
the additional penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties
to be imposed upon the offender, in conformity herewith, shall in no case
exceed 30 years.

For purposes of this article, a person shall be deemed to be a habitual


delinquent, if within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty of any of said crimes a
third time or oftener.

Section 24. Article 81 of the same Code, as amended, is hereby amended to read as
follows :

"Art. 81. When and how the death penalty is to be executed. - The death
sentence shall be executed with preference to any other and shall consist in
putting the person under sentence to death by electrocution. The death sentence
shall be executed under the authority of the Director of Prisons, endeavoring so
far as possible to mitigate the sufferings of the person under the sentence during
electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the


moment of the execution.

As soon as facilities are provided by the Bureau of Prisons, the method of


carrying out the sentence shall be changed to gas poisoning.

The death sentence shall be carried out not later than one (1) year after the
judgment has become final."

Section 25. Article 83 of the same Code is hereby amended to read as follows:

"Art. 83. Suspension of the execution of the death sentence. - The death
sentence shall not be inflicted upon a woman while she is pregnant or within one
(1) year after delivery, nor upon any person over seventy years of age. In this last
case, the death sentence shall be commuted to the penalty of reclusion perpetua
with the accessory penalties provided in Article 40.

In all cases where the death sentence has become final, the records of the case
shall be forwarded immediately by the Supreme Court to the Office of the
President for possible exercise of the pardoning power."

Section 26.<="" p="">

Section 27. If, for any reason or reasons, any part of the provision of this Act shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

Section 28. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation. The publication shall not be later than seven
(7) days after the approval hereof.

Approved: December 13, 1993


Thirteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand
and five.

REPUBLIC ACT No. 9346 June 24, 2006

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE


PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippine Congress


Assembled:

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly,


Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177),
otherwise known as the Act Designating Death by Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise
known as the Death Penalty Law, and all other laws, executive orders and decrees,
insofar as they impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of
the nomenclature of the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose


sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be
eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence
Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a
week for three consecutive weeks in a newspaper of general circulation of the names of
persons convicted of offenses punished with reclusion perpetua or life imprisonment by
reason of this Act who are being considered or recommend for commutation or
pardon; Provided, however, That nothing herein shall limit the power of the President to
grant executive clemency under Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately after its publication in two national
newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.


President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 2254 and House Bill No. 4826 was
finally passed bu the Senate and the House of Representative on July 7, 2006.
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives

Approved: June 24, 2006

GLORIA MACAPAGAL-ARROYO
President of the Philippines
MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 532 August 8, 1974

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless elements are
still committing acts of depredations upon the persons and properties of innocent and
defenseless inhabitants who travel from one place to another, thereby distributing the
peace, order and tranquility of the nation and stunting the economic and social progress
of the people;

WHEREAS, such acts of depredations constitute either piracy or highway


robbery/brigandage which are among the highest forms of lawlessness condemned by
the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating


such acts of depredations by imposing heavy penalty on the offenders, with the end in
view of eliminating all obstacles to the economic, social, educational and community
progress of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


virtue of the powers vested in me by the Constitution and pursuant to proclamation No.
1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General
Order No. 1, dated September 22, 1972, do hereby order and decree as part of the law
of the land the following:

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway
Robbery Law of 1974.

Section 2. Definition of Terms. The following terms shall mean and be understood, as
follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited
to, seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension,
and all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo
from one place to another through Philippine Waters. It shall include all kinds and
types of vessels or boats used in fishing.

c. Philippine Highway. It shall refer to any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad within the Philippines used by
persons, or vehicles, or locomotives or trains for the movement or circulation of
persons or transportation of goods, articles, or property or both.

d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the
whole or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon things, committed by
any person, including a passenger or member of the complement of said vessel,
in Philippine waters, shall be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion


or other unlawful purposes, or the taking away of the property of another by
means of violence against or intimidation of person or force upon things of other
unlawful means, committed by any person on any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage
as herein defined, shall, upon conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods
shall be imposed. If physical injuries or other crimes are committed as a result or
on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If
rape, murder or homicide is committed as a result or on the occasion of piracy, or
when the offenders abandoned the victims without means of saving themselves,
or when the seizure is accomplished by firing upon or boarding a vessel, the
mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its


minimum period shall be imposed. If physical injuries or other crimes are
committed during or on the occasion of the commission of robbery or brigandage,
the penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is
committed as a result or on the occasion thereof, the penalty of death shall be
imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway


robbery/brigandage. Any person who knowingly and in any manner aids or protects
pirates or highway robbers/brigands, such as giving them information about the
movement of police or other peace officers of the government, or acquires or receives
property taken by such pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of the principal
offenders and be punished in accordance with the Rules prescribed by the Revised
Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section
has performed knowingly, unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as
the Revised Penal Code; and all laws, decrees, or orders or instructions, or parts
thereof, insofar as they are inconsistent with this Decree are hereby repealed or
modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen
hundred and seventy-four.
REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR


OTHER PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or
destination of an aircraft of Philippine registry, or to seize or usurp the control thereof,
while it is in flight. An aircraft is in flight from the moment all its external doors are closed
following embarkation until any of such doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to
land in Philippine territory or to seize or usurp the control thereof while it is within the
said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished
by an imprisonment of not less than twelve years but not more than twenty years, or by
a fine of not less than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-
five thousand pesos but not more than fifty thousand pesos shall be imposed upon any
person committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to


destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical


injuries or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry
in any passenger aircraft operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in


the preceding section in any cargo aircraft operating as a public utility within the
Philippines shall be in accordance with regulations issued by the Civil Aeronautics
Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single
compound, which by chemical reaction liberates heat and gas at high speed and
causes tremendous pressure resulting in explosion. The term shall include but
not limited to dynamites, firecrackers, blasting caps, black powders, bursters,
percussions, cartridges and other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-
igniting by chemical reaction and shall include but not limited to acrolein, allene,
aluminum dyethyl monochloride, and other aluminum compounds, ammonium
chlorate and other ammonium mixtures and other similar substances or
materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which
through chemical reaction wears away, impairs or consumes any object. It shall
include but not limited to alkaline battery fluid packed with empty storage battery,
allyl chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and
other similar materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either


liquid, solid or gaseous, which through chemical reactions kills, injuries or impairs
a living organism or person, and shall include but not limited to allyl
isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B
or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other
similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment


of at least five years but not more than ten years or by a fine of not less than ten
thousand pesos but not more than twenty thousand pesos: Provided, That if the
violation is committed by a juridical person, the penalty shall be imposed upon the
manager, representative, director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation thereof: Provided, further, That in case the
violation is committed in the interest of a foreign corporation legally doing business in
the Philippines, the penalty shall be imposed upon its resident agent, manager,
representative or director responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of
the penalty provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a
violation of Sections three and four hereof, the person responsible therefor may be held
liable in accordance with the applicable provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft


which are for hire are authorized to open and investigate suspicious packages and
cargoes in the presence of the owner or shipper, or his authorized representatives if
present; in order to help the authorities in the enforcement of the provisions of this
Act: Provided, That if the owner, shipper or his representative refuses to have the same
opened and inspected, the airline or air carrier is authorized to refuse the loading
thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned
shall contain among others the following condition printed thereon: "Holder hereof and
his hand-carried luggage(s) are subject to search for, and seizure of, prohibited
materials or substances. Holder refusing to be searched shall not be allowed to board
the aircraft," which shall constitute a part of the contract between the passenger and the
air carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate


within one month after the approval of this Act such regulations as are provided in
Section four hereof and cause the publication of such rules and regulations in the
Official Gazette and in a newspaper of national circulation for at least once a week for
three consecutive weeks. Such regulations shall take effect fifteen days after publication
in the Official Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding
section.

Approved: June 19, 1971


Thirteenth Congress
Third Regular Session

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

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 Anti-Money Laundering Council, the
Philippine Center on Transnational Crime, and the Philippine National Police
intelligence and investigative elements shall serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective
anti-terrorism plans, programs, and counter-measures to suppress and eradicate
terrorism in the country and to protect the people from acts of terrorism. Nothing herein
shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or
quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section,
the Council shall have the following functions with due regard for the rights of the people
as mandated by the Constitution and pertinent laws:

1. Formulate and adopt plans, programs and counter-measures against terrorists


and acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in


the country and mobilize the entire nation against terrorism prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or


detained for the crime of terrorism or conspiracy to commit terrorism and other
offenses punishable under this Act, and monitor the progress of their cases;

4. Establish and maintain comprehensive data-base information system on


terrorism, terrorist activities, and counter-terrorism operations;

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

6. Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime of terrorism or
conspiracy to commit terrorism;

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 Anti-Terrorism Council and
require them to answer questions from the members of Congress and to submit a
written report of the acts they have done in the implementation of the law including the
manner in which the persons suspected of or charged with the crime of terrorism have
been dealt with in their custody and from the date when the movements of the latter
were subjected to surveillance and his or her correspondences, messages,
conversations and the like were listened to or subjected to monitoring, recording and
tapping. Without prejudice to its submitting other reports, the Committee shall render a
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,

JOSE DE VENECIA JR. MANNY VILLAR


Speaker of the House of President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 2137 and House Bill No. 4839 was
finally passed by the Senate and the House of Representatives on February 8, 2007
and February 19, 2007, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES


Secretary General Secretary of Senate
House of Represenatives

Approved: MARCH 06, 2007

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines
MALACAÑANG
Manila

Presidential Decree No. 1866 June 29, 1983


Amended by RA 9516 "Section 3 and 4"

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,


DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"

WHEREAS, there has been an upsurge of crimes vitally affecting public order and
safety due to the proliferation of illegally possessed and manufactured firearms,
ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives, damage to
property and destruction of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which penalized illegal
possession and manufacture of firearms, ammunition and explosives;

WHEREAS, there is a need to consolidate, codify and integrate said laws and
presidential decrees to harmonize their provisions;

WHEREAS, there are some provisions in said laws and presidential decrees which
must be updated and revised in order to more effectively deter violators of the law on
firearms, ammunition and explosives.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


virtue of the powers in me vested by the Constitution, do hereby decree:1awphi1©

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of


Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture
of Firearms of Ammunition. - The penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture,
deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or
machinery, tool or instrument used or intended to be used in the manufacture of any
firearm or ammunition.

If homicide or murder is committed with the use of an unlicensed firearm, the penalty of
death shall be imposed.

If the violation of this Section is in furtherance of, or incident to, or in connection with the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua 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
paragraphs.

The penalty of prision mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor.

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The


possession of any machinery, tool or instrument used directly in the manufacture of
firearms or ammunition, by any person whose business or employment does not
lawfully deal with the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal manufacture of
firearms or ammunition.

Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of


Explosives. - The penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and
other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb",
"fire-bombs", or other incendiary devices capable of producing destructive effect on
contiguous objects or causing injury or death to any person.1awphi1©ITC

Any person who commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons shall be
punished with the penalty of death.

If the violation of this Section is in furtherance of, or incident to, or in connection with the
crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua 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 explosives 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
paragraphs.

Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery,


tool or instrument directly used in the manufacture of explosives, by any person whose
business or employment does not lawfully deal with the manufacture of explosives shall
be prima facie evidence that such article is intended to be used in the unlawful/illegal
manufacture of explosives.

Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall
be imposed upon any person who shall unlawfully tamper, change, deface or erase the
serial number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured


Explosives. - The penalty of prision mayor shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any lawfully manufactured
explosives.

Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition


Outside of Residence. - The penalty of prision correccional shall be imposed upon any
person, civilian or military, who shall issue authority to carry firearm and/or ammunition
outside of residence, without authority therefor.

Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall
promulgate the rules and regulations for the effective implementation of this Decree.

Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential


Decree No. 9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions,
rules and regulations which are inconsistent with this Decree are hereby repealed,
amended or modified accordingly.

Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following
the completion of its publication in the Official Gazette.

Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen
hundred and eighty-three.
Tenth Congress

Republic Act No. 8294 June 6, 1997

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS


AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR
RELEVANT PURPOSES."

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


Congress assembled:

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of


firearms or ammunition or instruments used or intended to be used in the
manufacture of firearms or ammunition. – The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15,000)
shall be imposed upon any person who shall unlawfully manufacture, deal in,
acquire, dispose, or possess any low powered firearm, such as rimfire handgun,
.380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be used in the manufacture of
any firearm or ammunition: Provided, That no other crime was committed.

"The penalty of prision mayor in its minimum period and a fine of Thirty thousand
pesos (P30,000) shall be imposed if the firearm is classified as high powered
firearm which includes those with bores bigger in diameter than .38 caliber and 9
millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but
considered powerful such as caliber .357 and caliber .22 center-fire magnum and
other firearms with firing capability of full automatic and by burst of two or three:
Provided, however, That no other crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such
use of an unlicensed firearm shall be considered as an aggravating
circumstance.

"If the violation of this Sec. is in furtherance of or incident to, or in connection with
the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such
violation shall be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.

"The same penalty 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 paragraphs or
willfully or knowingly allow any of them to use unlicensed firearms or firearms
without any legal authority to be carried outside of their residence in the course of
their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry
any licensed firearm outside his residence without legal authority therefor."

Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of


explosives. – The penalty of prision mayor in its maximum period to reclusion
temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be
imposed upon any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire
bombs,' or other incendiary devices capable of producing destructive effect on
contiguous objects or causing injury or death to any person.

"When a person commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons, the use
of such explosives, detonation agents or incendiary devices shall be considered
as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of, or incident to, or in connection
with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such
violation shall be absorbed as an element of the crimes of rebellion, insurrection,
sedition or attempted coup d'etat.

"The same penalty 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 explosives
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 paragraphs."

Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 5. Tampering of firearm's serial number. – The penalty of prision


correccional shall be imposed upon any person who shall unlawfully tamper,
change, deface or erase the serial number of any firearm."

Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 6. Repacking or altering the composition of lawfully manufactured


explosives. – The penalty of prision correccional shall be imposed upon any
person who shall unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives."

Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm
shall include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

Section 6. Rules and regulations. – The Department of Justice and the Department of
the Interior and Local Government shall jointly issue, within ninety (90) days after the
approval of this Act, the necessary rules and regulations pertaining to the administrative
aspect of the provisions hereof, furnishing the Committee on Public Order and Security
and the Committee on Justice and Human Rights of both Houses of Congress copies of
such rules and regulations within thirty (30) days from the promulgation hereof.
Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is
declared to be unconstitutional or invalid, the other Sec.s or provisions thereof which
are not affected thereby shall continue to be in full force and effect.

Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.

Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: June 6, 1997.


Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

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.1âwphi1

(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 collector’s 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 correccional to 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,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484 was
finally passed by the Senate and the House of Representatives on February 4, 2013
and February 5, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP


Acting Senate Secretary Secretary General
House of Representatives

Approved: May 29, 2013

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines
Eighth Congress

REPUBLIC ACT No. 6968 October 24, 1990

AN ACT PUNISHING THE CRIME OF COUP D′ÉTAT BY AMENDING ARTICLES 134,


135 AND 136 OF CHAPTER ONE, TITLE THREE OF ACT NUMBERED THIRTY-
EIGHT HUNDRED AND FIFTEEN, OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AND FOR OTHER PURPOSES

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


Congress assembled:

Section 1. The heading of Chapter One, Title Three of the Revised Penal Code is
hereby amended to read as follows: "REBELLION, COUP D′ÉTAT, SEDITION AND
DISLOYALTY".

Section 2. Article 134 of the Revised Penal Code is hereby amended to read as
follows:

"Article 134. Rebellion or insurrection – How committed. – "he crime of rebellion


or insurrection is committed by rising and taking arms against the Government
for the purpose of removing from the allegiance to said Government or its laws,
the territory of the Republic of the Philippines or any part thereof, of any body of
land, naval or other armed forces, or depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives."

Section 3. Chapter One, Title Three of the Revised Penal Code is hereby further
amended by adding a new article as follows:

"Art. 134-A. Coup D′ÉTAT. – How committed. – The crime of coup D′ÉTAT is a
swift attack accompanied by violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Republic of the Philippines, or
any military camp or installation, communications networks, public utilities or
other facilities needed for the exercise and continued possession of power, singly
or simultaneously carried out anywhere in the Philippines by any person or
persons, belonging to the military or police or holding any public office or
employment, with or without civilian support or participation, for the purpose of
seizing or diminishing state power."

Section 4. Article 135 of the Revised Penal Code is hereby amended to read as
follows:

"Art. 135. Penalty for rebellion, insurrection or coup D′ÉTAT. – Any person who
promotes, maintains or heads a rebellion or insurrection shall suffer the penalty
of reclusion perpetua.

"Any person merely participating or executing the commands of others in a


rebellion or insurrection shall suffer the penalty of reclusion temporal.

"Any person who leads or in any manner directs or commands others to


undertake a coup D′ÉTAT shall suffer the penalty of reclusion perpetua.

"Any person in the government service who participates, or executes directions


or commands of others in undertaking a coup D′ÉTAT shall suffer the penalty of
reclusion temporal in its maximum period.
"Any person not in the government service who participates, or in any manner
supports, finances, abets or aids in undertaking a coup D′ÉTAT shall suffer the
penalty of prision mayor in its maximum period.

"When the rebellion, insurrection, or coup D′ÉTAT shall be under the command
of unknown leaders, any person who in fact directed the others, spoke for them,
signed receipts and other documents issued in their name, or performed similar
acts, on behalf of the rebels shall be deemed a leader of such rebellion,
insurrection, or coup D′ÉTAT."

Section 5. Article 136 of the Revised Penal Code is hereby amended to read as
follows:

"Art. 136. Conspiracy and proposal to commit coup D′ÉTAT, rebellion or


insurrection. – The conspiracy and proposal to commit coup D′ÉTAT shall be
punished by prision mayor in its minimum period and a fine which shall not
exceed eight thousand pesos (P8,000.00).

"The conspiracy and proposal to commit rebellion or insurrection shall be


punished, respectively, by prision correccional in its maximum period and a fine
which shall not exceed five thousand pesos (P5,000.00), and by prision
correccional in its medium period and a fine not exceeding two thousand pesos
(P2,000.00)."

Section 6. Repealing Clause. – All laws, executive orders, rules and regulations, or
any part thereof inconsistent herewith are deemed repealed or modified accordingly.

Section 7. Separability Clause. – If for any reason, any section or provision of this Act,
or any part thereof, or the application of such section, provision, or portion is declared
invalid or unconstitutional, the remainder thereof shall not be effected by such
declaration.

Section 8. Effectivity. – This Act shall take effect upon its approval and publication in
at least two (2) newspapers of general circulation.

Approved: October 24, 1990


MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 187

AMENDING EXECUTIVE ORDER NO. 120 (s. 2012) CONSTITUTING THE


BANGSAMORO TRANSITION COMMISSION AND FOR OTHER PURPOSES

WHEREAS, under the Comprehensive Agreement on the Bangsamoro and under


Section 5 of the Executive Order (EO) No. 120 (s. 2012), the Bangsamoro Transition
Commission shall cease to operate upon the enactment by Congress of the
Bangsamoro Basic Law;

WHEREAS, under the Comprehensive Agreement on the Bangsamoro, the


Bangsamoro Transition Authority will be created only upon the promulgation and
ratification of the Bangsamoro Basic Law;

WHEREAS, if the Bangsamoro Basic Law is enacted and ratified, there may be a gap in
the intervening period between enactment and ratification within which neither the
Bangsamoro Transition Commission nor the Bangsamoro Transition Authority will exist
to address the issues relevant to the Bangsamoro Basic Law and to the Bangsamoro as
a whole;

WHEREAS, there is a need to further strengthen and expand the functions of the
Bangsamoro Transition Commission to address this foreseen gap during the intervening
period between the enactment and ratification of the Bangsamoro Basic Law; and

WHEREAS, extending the duration of the Bangsamoro Transition Commission until


such time that the Bangsamoro Basic Law is ratified, and vesting additional functions in
such Commission, can better facilitate an efficient transition upon the ratification of the
proposed Bangsamoro Basic Law.

NOW, THEREFORE I, BENIGNO S. AQUINO III, President of the Philippines, by virtue


of the powers vested in me by law, do hereby order:

SECTION 1. Section 3(e) of EO No. 120 is hereby amended to read as follows:

"e. To prepare and draft a Code of Parliamentary Procedures for the Future
Bangsamoro Parliament and a Bangsamoro Administrative Code for the consideration
of the Bangsamoro Transition Authority."

The current Section 3(e) is hereby renumbered as Section 3(f).

SECTION 2. Section 5 of EO No. 120 is hereby amended to read as follows:

"SECTION 5. Duration. - The Commission shall cease to operate upon the ratification of
the Bangsamoro Basic Law in a plebiscite called for such purpose."

SECTION 3. Repealing Clause. All orders, proclamations, rules, regulations, previous


issuances, or parts thereof, inconsistent with the provisions of this Order, are hereby
repealed, amended or modified accordingly.

SECTION 4. Separability. Should any provision of this Order be declared invalid or


unconstitutional, the other provisions unaffected thereby shall remain valid and
subsisting.

SECTION 5. Effectivity. This Order shall take effect upon publication in a newspaper of
general circulation.
DONE in the City of Manila, this 20th day of August, in the year of our Lord, Two
Thousand and Fifteen.

(Sgd.) BENIGNO S. AQUINO, III

By the President:

(SGD.) PAQUITO N. OCHOA, JR.


Executive Secretary