Inside Republic Act 9372 ( Human Security Act of

2007)
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 Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 143-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. 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 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 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
degree, 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 of 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. 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, cell phones, e-mails,
computers, the internet or other means of communication with people outside the residence
until otherwise ordered by the court.
The restrictions above-mentioned shall be terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or earlier upon the discussion of the court on
motion of the prosecutor or of the accused.
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.
Republic Act 4200- Anti Wiretapping law for Terrorism
Privacy is a constitutional right. One's privacy can't be intruded into without a
lawful court order. Secretly overhearing, recording or intercepting private
communications with recording equipment. The list provided for in the law isn't
exclusive; so tape recorders, dictaphones and radios must give way to the
technology we now use. A mere allegation that you made a secret recording of
a private conversation is enough to be considered a violation of RA 4200. The
substance of the conversation and its communication to a third person isn't
required. Possession of the recorded material is also an offense, as well as its
copying and replaying. The exception is with regard to material used as
evidence in a civil or criminal investigation. It therefore doesn't apply to security
systems (CCTV cameras, etc.) in an establishment or home.

The penalty for violating this law is imprisonment for 6 months to 6 years and,
if the violator is a government official at the time the offense was committed,
perpetual absolute disqualification from public office. In case of aliens, they'll be
subjected to deportation proceedings.

For a valid court order to be granted, the crimes committed (or to be

committed) by the suspects should be the following:

1.) Treason
2.) Espionage
3.) Provoking war and disloyalty in case of war
4.) Piracy
5.) Mutiny on the high seas
6.) Rebellion
7.) Conspiracy to commit rebellion
8.) Inciting to rebellion
9.) Sedition
10.) Inciting to sedition
11.) Kidnapping
12.) Violations of CA 616 (espionage and other offenses against national
security)

To apply for a court order, examination of the witnesses must show the
following:

1.) There are reasonable grounds to believe that the above crimes were
committed, are being committed or are about to be committed. In case of
rebellion, conspiracy to commit rebellion, sedition, conspiracy to commit
sedition and inciting to sedition, the order will be granted only if there is prior
proof that a rebellion, etc., has actually been or is being committed.
2.) There are reasonable ground to believe that the evidence obtained will
secure a conviction for the suspects or provide a solution to or prevention of
any such crimes.

3.) There are no other readily available means of gathering evidence.

The contents of the order are as follows:

1.) The identity of the persons in question

2.) The identity of the officers authorized to conduct surveillance

3.) The offense committed or about to be committed

4.) The period of authorization (60 days, extendable or renewable if public

interest is on the line)

Within 48 hours after the end of the period the recorded matter is to be
delivered in a sealed package to the court that issued the order, together with
an affidavit executed by the officer who did the surveillance. The affidavit
should state the number of recordings, the time each recording was made, the
number of recorded material (tapes, disks, USBs, etc.) and certify that no
copies were made and if there are such copies, they're included in the package.
Only the court can order an opening of the package for examination.

Information gathered in violation of RA 4200 can't be admitted in evidence.

RA 9208
WHAT SERVICES ARE AVAILABLE FOR TRAFFICKED PERSONS?
To ensure their recovery, rehabilitation and reintegration to mainstream society, trafficked persons
should be provided with the following:
1. emergency shelter or appropriate housing
2. counseling and referral services
3. free legal services
4. medical and psychological services
5. livelihood and skills training; and
6. educational assistance (if the victim is a trafficked child) WHAT TO DO TO AVOID TRAFFICKING? ™

Ensure that the recruiter is legally registered at the Philippine Overseas Employment Agency (POEA). ™
Make sure that all documents necessary for working abroad are legal. These documents include the
passport, visa, overseas contract and the salary.
Secure relevant information from non-government organizations (NGOs) about the country of
destination.
Inform one’s relatives, friends and NGOs about the country of destination and the recruiter’s contact
details like address and telephone numbers to monitor one’s situation abroad.
Know your rights and stand up for them.

SOME QUICK INFORMATION ™ RA 9208 or the Anti-Trafficking in Persons Act of 2003 was signed into law
by President Gloria Macapagal-Arroyo on May 23, 2006. ™ Consonant with the state’s obligation to
protect the dignity of the individual, this law criminalizes the act of trafficking in persons especially of
women and children for prostitution, sexual exploitation and slavery, among others.

WHAT IS TRAFFICKING IN PERSONS?

The law defines Trafficking in Persons as the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim’s consent or knowledge, within or across national borders
by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person for the
purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs.” The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any of the
means set forth in the preceding paragraph”.

WHY DOES TRAFFICKING HAPPEN?

A study done in 2001 by Coalition Against Trafficking in Women in Asia and the Pacific (CATW-AP)
revealed the following as the most common reasons for trafficking:
1. poverty 2. low educational attainment and the lack of information on the recruitment process 3.
sexual abuse 4. familial pressure 5. the need to earn 6. influenced by good tales and earning
huge sums of money overseas
HOW IS TRAFFICKING ACCOMPLISHED? Trafficking is accomplished through bride trade, illegal
recruitment and/or sex tourism. This is often a clandestine activity which makes it difficult for
the authorities to find out the perpetrators. Trafficking may happen in and out of the country. ™
Bride trade occurs when foreigners marry the victims that they find or get acquainted to via
regular mail, magazines and the Internet. ™ Illegal recruitment is the manner in which workers
were illegally sent abroad to work. Oftentimes, they end up being prostituted. ™Sex tourism
happens when foreign tourists are encouraged to visit a country so that they may enjoy the
sexual services offered by sex workers.

WHAT ARE THE PENALTIES IMPOSED UPON VIOLATORS?

Any person found guilty of qualified trafficking shall be metedout with life imprisonment and a
fine of up to P5 million if: ™victim is a child ™victim died or incurred Human Immunodeficiency
Syndrome (HIV-AIDS) ™the offender was related to the victim or any of the law enforcement
units of the government The law also penalizes any person who patronizes, use, buy, or engage
the services of the trafficked person with six (6) months of community service and a fine of P50,
000 for the first offense and a fine of P100, 000 on the second and succeeding offenses.

WHO MAY FILE A COMPLAINT? ™

the trafficked person or the offended party ™spouse ™ parents or legal guardians ™ siblings ™
children ™ Any person who has personal knowledge of the offense Complainants might seek the
assistance of the Inter Agency Council against Trafficking (IACAT) in the filing of the complaint.
The IACAT is chaired by the DOJ Secretary and co-chaired by the DSWD Secretary. The Council
also includes DFA, DOLE, POEA, Bureau of Immigration, PNP, NCRFW and sectoral
representatives of women, overseas workers and children. Trafficked persons are considered
victims of the act or acts of trafficking; hence they shall not be penalized for crimes related to
acts of trafficking
Amendment to RA 7170 - Organ Donation Act of 1991 AMENDMENT TO REPUBLIC ACT NO. 7170
February 20, 1995 AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES, AMENDING
FOR THE PURPOSE REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED AND SEVENTY (R.A.
NO. 7170), OTHERWISE KNOWN AS THE ORGAN DONATION ACT OF 1991

Sec. 1. Section 9 of Republic Act No. 7170 is hereby amended to read as follows: "Sec. 9. Manner
of Executing a Donation. - Any donation by a person authorized under subsection (a) of Section
4 hereof shall be sufficient if it complies with the formalities of a donation of a movable
property. "In the absence of any persons specified under Section 4 hereof and in the absence of
any document of organ donation, the physician in charge of the patient, the head of the hospital
or a designated officer of the hospital who has custody of the body of the deceased classified as
accident, trauma, or other medico-legal cases, may authorize in a public document the removal
from such body for the purpose of transplantation of the organ to the body of a living person:

Provided, That the physician, head of the hospital or officer designated by the hospital for this
purpose has exerted reasonable efforts, within forty-eight (48) hours, to locate the nearest
relative listed in Section 4 hereof or guardian of the decedent at the time of death: Provided,
however, That the said physician, head or designated officer of the hospital, or the medico-legal
officer of any government agency which has custody of such body may authorize the removal of
the cornea or corneas of the decedent within twelve (12) hours after death and upon the
request of qualified legatees or donees for the sole purpose of transplantation: Provided, That
such removal of the cornea or corneas will not interfere with any subsequent investigation or
alter the post-mortem facial appearance of the decedent by such means as placing eye caps
after the said cornea or corneas have been removed.

"In all donations, the death of a person from whose body an organ will be removed after his
death for the purpose of transplantation to a living person, shall be diagnosed separately and
certified by two (2) qualified physicians neither of whom shall be: "(a) A member of the team of
medical practitioners who will effect the removal of the organ from the body; nor "(b) The
physician attending to recipient of the organ to be removed; nor "(c) The head of hospital or the
designated officer authorizing the removal of the organ."
Sec. 2. Section 10 of Republic Act No. 7170 is also amended to read as follows: "Sec. 10.
Person(s) Authorized to Remove and Transplant Organs and Tissues. - Only authorized medical
practitioners in a hospital shall remove and/or transplant any organ which is authorized to be
removed and/or transplanted pursuant to Section 5 hereof: Provided, however, That the
removal of corneal tissues shall be performed only by ophthalmic surgeons and ophthalmic
technicians trained in the methodology of such procedure and duly certified by the accredited
National Association of Ophthalmologists."
Sec. 3. The implementing rules and regulations of Republic Act No. 7170 shall be amended
accordingly by the Secretary of Health, in consultation with professional health groups and non-
government health organizations, to make it consistent with the provisions of this Act.
Sec. 4. The provisions of this Act are hereby declared separable, and in the event any such
provisions is declared unconstitutional, the other provisions not affected thereby shall remain in
force and effect.
Sec. 5. All other laws, decrees, executive orders, administrative orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.
Sec. 6. This Act shall take effect upon its approval. Approved: February 20, 1995
Anti Money Laundering Act

Salient Features

 Criminalizes money laundering

 Creates a financial intelligence unit
 Imposes requirements on customer identification, record keeping and reporting of
covered and suspicious transactions
 Relaxes strict bank deposits secrecy laws
 Provides for bank inquiry and freeze ex parte petition/seizure/forfeiture/recovery
of dirty money/property
 Provides for international cooperation

Money Laundering Offenses and Penalties

 Knowingly transacting or attempting to transact any monetary

instrument/property which represents, involves or relates to the proceeds of an
unlawful activity. Penalty is 7 to 14 years imprisonment and a fine of not less
than P3M but not more than twice the value of the monetary instrument/property.
 Knowingly performing or failing to perform an act in relation to any monetary
instrument/property involving the proceeds of any unlawful activity as a result of
which he facilitated the offense of money laundering. Penalty is 4 to 7 years
imprisonment and a fine of not less than P1.5M but not more than P3M.
 Knowingly failing to disclose and file with the AMLC any monetary
instrument/property required to be disclosed and filed. Penalty is 6 months to 4
years imprisonment or a fine of not less than P100,000 but not more than
P500,000, or both.

Unlawful Activity is the offense which generates dirty money or property. It is

commonly called the predicate crime. It refers to any act or omission or series or
combination thereof involving or having direct relation to the following:

Predicate Crimes/Unlawful Activities

 Kidnapping for ransom

 Drug trafficking and related offenses
 Graft and corrupt practices
 Plunder
 Robbery and Extortion
 Jueteng and Masiao
 Piracy
 Qualified theft
  Swindling
 Smuggling
 Violations under the Electronic Commerce Act of 2000
 Hijacking; destructive arson; and murder, including those perpetrated by
terrorists against non-combatant persons and similar targets
 Fraudulent practices and other violations under the Securities Regulation Code
of 2000
 Felonies or offenses of a similar nature that are punishable under the penal laws
of other countries.
 Terrorism financing and organizing or directing others to commit terrorism
financing (R.A. 10168).
 Attempt/conspiracy to commit terrorism financing and organizing or directing
others to commit terrorism financing (R.A. 10168).
 Attempt/conspiracy to commit dealing with property or funds of designated
person.
 Accomplice to terrorism financing or conspiracy to commit terrorism financing.
 Accessory to terrorism financing.

Other Offenses/Penalties

Failure to keep records is committed by any responsible official or employee of a

covered institution who fails to maintain and safely store all records of all transactions of
said institution, including closed accounts, for five (5) years from the date of the
transaction/closure of the account. Penalty is 6 months to 1 year imprisonment or a fine
of not less than P100,000 but not more than P500,000, or both.

Malicious reporting is committed by any person who, with malice or in bad faith,
reports/files a completely unwarranted or false information relative to money laundering
transaction against any person. Penalty is 6 months to 4 years imprisonment and a fine
of not less than P100,000 but not more than P500,000, at the discretion of the court.
The offender is not entitled to avail the benefits of the Probation Law.

 If the offender is a corporation, association, partnership or any juridical person,

the penalty shall be imposed upon the responsible officers, as the case may be,
who participated in, or allowed by their gross negligence, the commission of
the crime.
 If the offender is a juridical person, the court may suspend or revoke its license.
 If the offender is an alien, he shall, in addition to the penalties prescribed, be
deported without further proceedings after serving the penalties prescribed.
 If the offender is a public official or employee, he shall, in addition to the
penalties prescribed, suffer perpetual or temporary absolute disqualification from
office, as the case may be.

Breach of confidentiality. When reporting covered or suspicious transactions to the

AMLC, covered institutions and their officers/employees are prohibited from
communicating directly or indirectly, in any manner or by any means, to any
person/entity/media, the fact that such report was made, the contents thereof, or any
other information in relation thereto. In case of violation thereof, the concerned official
and employee of the covered institution shall be criminally liable. Neither may such
reporting be published or aired in any manner or form by the mass media, electronic
mail or other similar devices. In case of a breach of confidentiality published or reported
by media, the responsible reporter, writer, president, publisher, manager and editor-in-
chief shall also be held criminally liable. Penalty is 3 to 8 years imprisonment and a fine
of not less than P500,000 but not more than P1M.