HUMAN SECURITY ACT

(RA 9372)

I. PURPOSE (Sec. 2)

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

II. ACTS PUNISHED

A. TERRORISM (Sec. 3)

Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d' Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction), or under

• Presidential Decree No. 1613 (The Law on Arson);
• Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
• Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
• Republic Act No. 6235 (Anti-Hijacking Law);
• Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
• 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

Includes accomplices and accessories
EXEMPTION: Accessories who are spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degrees are exempt (EXCEPT: if they profit by the crime or assisted the principal to profit)

B. CONSPIRACY TO COMMIT TERRORISM (Sec. 4)

C. PROSCRIPTION OF TERRORIST ORGANIZATIONS, ASSOCIATION, OR GROUP OF PERSONS (Sec. 17)

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

III. SURVEILLANCE

Exception to the Anti-Wire Tapping Law (RA 4200)

A. WHO ARE SUBJECT (Sec. 7)

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:

1. Between members of a judicially declared and outlawed terrorist organization, association, or group of persons
2. Any person charged with the crime of terrorism or conspiracy to commit terrorism
3. Any person suspected of the crime of terrorism or conspiracy to commit terrorism

EXCEPT: Communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence

B. APPLICATION FOR JUDICIAL AUTHORIZATION (Sec. 8)

Only 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:

1. 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;
2. 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
3. That there is no other effective means readily available for acquiring such evidence

C. CLASSIFICATION AND CONTENTS OF THE ORDER OF THE COURT (Sec. 9)

Classified Information:

1. Written order granted by the authorizing division of the CA
2. Its order to extend or renew the authorization
3. Written authorizations of the Anti-Terrorism Council

The person being surveilled has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge the legality thereof

CONTENTS OF WRITTEN ORDER OF AUTHORIZING DIVISION OF CA:

• 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;
• 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;
• The offense or offenses committed, or being committed, or sought to be prevented; and
• The length of time within which the authorization shall be used or carried out

D. EFFECTIVE PERIOD OF JUDICIAL AUTHORIZATION (Sec. 10)

Effective only for the length of time specified in the written order of the authorizing division of the CA

Not exceeding 30 days from the date of receipt of the written order by the applicant police or law enforcement official

EXTENSION: 30 days non-extendible, provided that:

• The authorizing division of the CA is satisfied that such extension or renewal is in the public interest
• 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

NOTICE TO PERSON SUBJECT OF SURVEILLANCE: required if no case is filed within the 30-day period

E. CUSTODY OF INTERCEPTED AND RECORDED COMMUNICATIONS (Sec. 11)

All tapes, discs, and recordings shall, within, 48 hours after expiration of the period fixed in the written order, be deposited with the authorizing division of the CA in a sealed envelope or sealed package and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team

CONTENTS OF THE JOINT AFFIDAVIT (Sec. 12):

• 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;
• The dates and times covered by each of such tapes, discs, and recordings;
• 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
• 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 CA
• Certify under oath that no duplicates or copies of the whole or part of any of such tapes, discs, and recordings have been made, or if made, such duplicates or copies are included in the sealed envelope or sealed package

F. DISPOSITION OF DEPOSITED MATERIALS (Sec. 13)

Classified information

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

APPLICATION TO USE AS EVIDENCE:

1. Written application of the DOJ
2. Filed before the authorizing division of the CA
3. Upon showing that the DOJ has been duly authorized in writing by the Anti-Terrorism Council to file the application
4. With proper written notice to the person whose conversation, communication, message, discussion or spoken or written words have been the subject of surveillance, monitoring, recording and interception, specifying purpose or reason (Sec. 14):

• For opening the sealed envelope or sealed package;
• For revealing or disclosing its classified contents;
• 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
• 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

EVIDENTIARY VALUE (Sec. 15): Absolutely not admissible or usable as evidence, if obtained in violation of this Act

IV. DETENTION WITHOUT JUDICIAL WARRANT OF ARREST

Exception to Article 125, RPC (Arbitrary Detention)

A. DETENTION UNDER ORDINARY CIRCUMSTANCES (Sec. 18)

1. Any police or law enforcement personnel
2. Duly authorized in writing by the Anti-Terrorism Council
3. Before detention, present the person 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
4. Take a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism in custody
5. Immediately after taking custody of the person, notify in writing the judge of the court nearest the place of apprehension or arrest (if Saturdays, Sundays, holidays or after office hours, then at judge’s residence)
6. Deliver said charged or suspected person to the proper judicial authorities within a period of 3 days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody
7. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Sec. 7 and examination of bank deposits under Sec. 27 of this Act

B. DETENTION IN THE EVENT OF AN ACTUAL OR IMMINENT TERRORIST ATTACK (Sec. 19)
Suspects may not be detained for more than three (3) 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 (5) days after the date of the detention of the persons concerned: Provided, however, That within three (3) days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately

C. DUTY OF THE JUDGE

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 (3) calendar days from the time the suspect was brought to his/her residence or office

V. RESTRICTION ON RIGHT TO TRAVEL (Sec. 16)

Even when the accused is out on bail

A. RESTRICTION ON RIGHT TO TRAVEL

Upon application by the prosecutor, limit the right to 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

Authorization of the court is needed in order to travel outside the said municipality or city (otherwise, bail may be cancelled)

B. HOUSE ARREST

By order of the court at his usual place of residence

Not allowed to use telephones, cellphones, e-mails, computers, the internet and other means of communications with people outside the residence until otherwise ordered by the court

VI. EXAMINATION OF BANK DEPOSITS, ACCOUNTS AND RECORDS

Exception to the Secrecy of Bank Deposits Act (RA 1405)

A. JUDICIAL AUTHORIZATION (Sec. 27)

1. WHO MAY AUTHORIZE: CA justices 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

2. WHO ARE SUBJECT:

• A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism,
• Of a judicially declared and outlawed terrorist organization, association, or group of persons, and
• Of a member of such judicially declared and outlawed organization, association, or group of persons

3. Written authorization to any police or law enforcement officer and the member of his/her team duly authorized in writing by the anti-terrorism council

4. WHAT:

• Examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and
• Gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution

B. APPLICATION TO EXAMINE BANK DEPOSITS, ACCOUNTS AND RECORDS (Sec. 18)

Only be granted by the authorizing division of the Court of Appeals

CONDITIONS:

• 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
• 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

C. CLASSIFICATION AND CONTENTS OF THE COURT ORDER AUTHORIZING THE EXAMINATION OF BANK DEPOSITS, ACCOUNTS, AND RECORDS (Sec. 19)

Classified Information

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:

• Identity 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;
• The identity of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained;
• The identity of the persons who will conduct the said examination and the gathering of the desired information; and
• The length of time the authorization shall be carried out

D. EFFECTIVE PERIOD OF COURT AUTHORIZATION TO EXAMINE AND OBTAIN INFORMATION ON BANK DEPOSITS, ACCOUNTS AND RECORDS (Sec. 30)

Effective for the length of time specified in the written order, which shall not exceed a period of 30 days from the date of receipt of the written order of the authorizing division of the CA by the applicant police or law enforcement official

EXTENSION: 30 days, renewable to another 30 days from the expiration of the original period, provided:

• The authorizing division of the CA is satisfied that such extension or renewal is in the public interest
• 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

E. CUSTODY OF BANK DATA AND INFORMATION OBTAINED AFTER EXAMINATION (Sec. 31)

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 shall, within 48 hours after the expiration of period in the written order (including renewal), be deposited with the authorizing division of the CA in a sealed envelope or sealed package and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination

CONTENTS OF JOINT AFFIDAVIT (Sec. 32):

1. Identifying marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined;
2. The identity and address of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained;
3. The number of bank deposits, placements, trust accounts, assets, and records discovered, examined, and frozen;
4. The outstanding balances of each of such deposits, placements, trust accounts, assets;
5. 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 CA;
6. 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 CA; and
7. That the items enumerated were al that were found in the bank or financial institution examined at the time of the completion of the examination

Certify under oath that no duplicates or copies have been made, or if made, such duplicates or copies are included in the sealed envelope or sealed package

F. DISPOSITION OF BANK MATERIALS (Sec. 33)
Classified information

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

APPLICATION TO USE AS EVIDENCE:

1. Written application of the DOJ
2. Upon showing that the DOJ has been duly authorized in writing by the Anti-Terrorism Council to file the application
3. Notice in writing to the party concerned not later than 3 days before scheduled opening
4. Clearly state the purpose and reason (Sec 34):

• For opening the sealed envelope or sealed package;
• For revealing and disclosing its classified contents; and
• For using the classified information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents as evidence

EVIDENTIARY VALUE OF DEPOSITED BANK MATERIALS (Sec. 35): Absolutely not admissible and usable as evidence, if secured in violation of this Act

VII. SEIZURE AND SEQUESTRATION

A. WHO ARE SUBJECT (Sec. 39)

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 RTC 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

RIGHTS OF THE ACCUSED: (1) to withdraw such sums as may be reasonably needed by the monthly needs of his family including services of his or her counsel and his family’s medical needs upon approval of the court; and (2) to use any of his property that is under seizure or sequestration or frozen because of his or her indictment as a terrorist upon permission of hte court for any legitimate reason

B. NATURE OF SEIZED, SEQUESTERED AND FROZEN BANK DEPOSITS, PLACEMENTS, TRUST ACCOUNTS, ASSETS AND RECORDS (Sec. 40)

Property held in trust by the bank or financial institution

Use or disposition of such is subject to approval of the court while case is pending

C. DISPOSITION OF THE SEIZED, SEQUESTERED AND FROZEN BANK DEPOSITS, PLACEMENTS, TRUST ACCOUNTS, ASSETS AND RECORDS (Sec. 41)

ACQUITTAL/DISMISSAL OF CHARGES: seizure order shall be deemed lifted and the property shall be immediately released

LIQUIDATED DAMAGES: Upon acquittal or dismissal of charges, P500,000 a day for the period in which his properties, assets or funds were seized shall be paid , the amount to be taken from the appropriations of the police or law enforcement agency that caused the filing of the charges

APPEAL/MOTION FOR RECON: will not stay the release of said funds

CONVICTION BY FINAL JUDGMENT: automatic forfeiture in favour of the government

VIII. CONTINUOUS TRIAL (Sec. 48)

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

IX. PROSECUTION UNDER THIS ACT SHALL BE A BAR TO ANOTHER PROSECUTION UNDER THE REVISED PENAL CODE OR ANY SPECIAL PENAL LAWS (Sec. 49)

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

X. DAMAGES FOR UNPROVEN CHARGE OF TERRORISM (Sec. 50)

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

XI. LIABILITIES OF POLICE OFFICER OR LAW ENFORCEMENT OFFICIAL

A. INFIDELITY IN THE CUSTODY OF INTERCEPTED AND RECORDED COMMUNICATIONS (Sec. 11)

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

B. FALSE OR UNTRUTHFUL STATEMENT OR MISREPRESENTATION OF MATERIAL FACT IN JOINT AFFIDAVITS (Sec. 12 and Sec. 32)

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.

C. VIOLATION OF DUTY TO NOTIFY IN WRITING PERSONS SUBJECT OF SURVEILLANCE ON DISPOSITION OF DEPOSITED MATERIALS (Sec. 13)

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 (6) years and one day to eight (8) years of imprisonment

D. UNAUTHORIZED OR MALICIOUS INTERCEPTIONS AND/OR RECORDINGS (Sec. 16)

• 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.
• 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 (in addition to above)

E. FAILURE TO NOTIFY THE JUDGE IN DETENTION WITHOUT JUDICIAL WARRANT (Sec. 18)

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 any judge as provided in the preceding paragraph

F. FAILURE TO DELIVER SUSPECT TO THE PROPER JUDICIAL AUTHORITY WITHIN 3 DAYS (Sec. 20)

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 (3) days.

G. PENALTY FOR VIOLATION OF RIGHTS OF DETAINEE (Sec. 22)

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 head or leader of the law enforcement unit having custody of the detainee at the time the violation was done.

H. FAILURE TO KEEP AN OFFICIAL CUSTODIAL LOGBOOK (Sec. 23)

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.

I. PENALTY FOR THREAT, INTIMIDATION, COERCION, OR TORTURE IN THE INVESTIGATION AND INTERROGATION OF A DETAINED PERSON (Sec. 25)

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.

J. FAILURE TO NOTIFY IN WRITING THE PERSON WHOSE BANK DEPOSITS IS SUBJECT TO EXAMINATION WITHIN 30 DAYS IF NO CASE IF FILED (Sec. 30)

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 (6) years and one day to eight (8) years of imprisonment.

K. INFIDELITY IN THE CUSTODY OF BANK DATA AND INFORMATION (Sec. 32)

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.

L. FAILURE TO NOTIFY IN WRITING THE PERSON WHOSE BANK MATERIALS ARE SUBJECT OF APPLICATION FOR DISPOSITION (Sec. 33)

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 (6) years and one day to eight (8) years of imprisonment.

M. UNAUTHORIZED OR MALICIOUS EXAMINATION OF A BANK OR A FINANCIAL INSTITUTION (Sec. 36)

1. Any person, police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or financial institution
2. Any police or law enforcement personnel, who maliciously obtained an authority form the CA to examine the deposits, placements, trust accounts, assets, or records in a bank or financial institution (in addition to above)

N. REFUSAL TO FOLLOW ORDER TO ALLOW ACCUSED TO WITHRDAW (Sec. 39)

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 or her family or to use any of his or her property that has been seized, sequestered or frozen for legitimate purposes while his or her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

O. UNJUSTIFIED REFUSAL TO RESTORE OR DELAY IN RESTORING SEIZED, SEQUESTERED AND FROZEN BANK DEPOSITS (Sec. 42)

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.

P. LOSS, MISUSE, DIVERSION OR DISSIPATION OF SEIZED, SEQUESTERED AND FROZEN BANK DEPOSITS (Sec. 43)

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.

Q. INFIDELITY IN THE CUSTODY OF DETAINED PERSONS (Sec. 44)

Any public officer who has direct custody of a detained person 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 (6) 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.

R. UNAUTHORIZED REVELATION OF CLASSIFIED MATERIALS (Sec. 46)

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.

S. FURNISHING FALSE EVIDENCE, FORGED DOCUMENT, OR SPURIOUS EVIDENCE (Sec. 47)

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.

XII. PENALTY OF BANK OFFICIALS AND EMPLOYEES

Defying court authorization (Sec. 37)