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EN BANC
NOTICE
Sirs/Mesdames:
Please take notice that the Court En Banc issued a Resolution dated
DECE~v'IBER 5, 2023 ·which reads asfollovvs:
"A.M. No. 22-02-19-SC
RULES ON THE ANTI-TERRORISM ACT OF 2020

AND RELATED LAWS
VVHEREAS, Article 11, Section 4 of the 1987 Constitution declares '"[t]he

prime duty of the Government is to serve and protect the people/'
\VH EREAS, Article II, Section 5 of the 1987 Constitution declares that "[t]he
maintenance of peace and order, the protection of life, libe11y, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy;"
WHEREAS, Article If, Section 11 of the 1987 Constitution declares that

"[t]he State values the dignity of every human person and guarantees full respect for
human rights;"
WHEREAS, Section 2 of [t]he Anti-Terrorism Act of 2020, Republic Act

No. 11479, declares terrorism as "a crime against the Filipino people, against
.. humanity, and against The Law of Nations;"
VVHEREAS, Section 2 of[t]he Anti-Terrorism Act of2020 makes it a policy

of the State to "uphold the basic rights and fundamental liberties of the people as
enshrined in the Constitution" in the implementation of the law;
WHEREAS, Section 2 of [t]he Terrorism Financing Prevention and

Suppression Act of 2012, Republic Act No. IO 168, as amended, makes it a goal to
reinforce the State's fight against terrorism "by criminalizing the financing of
terrorism and related offenses, and by preventing and suppressing the commission
of said offenses through freezing and forfeiture of properties or funds while
protecting human rights;"
Notice of Resolution -2- A.M. No. 22-02-19-SC
December 5, 2023
VVHEREAS, there is a need to provide for procedural rules to implement

further the Anti-Money Laundering Act (Republic Act No. 9160) as amended, Anti-
Wire Tapping Act of 1965 (Republic Act No. 4200), and other laws that pertain to
terrorism, that will balance the State's duty to safeguard the lives and safety of the
people with the need to protect individual civil liberties from abuses;
VVHEREAS, Article Ill, Section 5(5) of the 1987 Constitution empowers this
Court to "[p Jromulgate rules concerning the protection and enforcement of
constitutional rights;"
WHEREAS, through Memorandum Order Nos. 115-2022 dated July 18,

2022, 138-2022 dated September 9, 2022, and 92-2023 dated August 11, 2023, the
Ad Hoc Committee for the Formulation of the Special Rules of Procedure on Anti-
Terrorism Cases was organized to prepare a working draft of the Proposed Special
Rules on Anti-Terrorism Cases and propose amendments or updates to existing rules
related to terrorism in view of the Anti-Terrorism Act of 2020, and is composed of
the following:
Chairperson: Hon. Reynato S. Puno

Chief Justice (Ret.), Supreme Court
Vice Chairperson: Hon. Rosmari D. Carandang

Associate Justice (Ret.), Supreme Court
Chancellor, Philippine Judicial Academy
Members: Hon. Germano Francisco D. Legaspi

Associate Justice, Court CJ[Appeals
Hon. Maria Josefina G. San Juan-Torres

Presiding Judge - Regional Trial Court (Morang,
Rizal)
Hon. Niven R. Canlapan

Presiding Judge - Regional Trial Court (Carmona,
Cavite)
Atty. Mel Georgie B. Racela

Bangko Sentral ng Pilipinas
Dir. Matthew M. David

Anti-Money Laundering Council
AMLC Representative
Dep. Dir. Romeo Raymond C. Santos

Litigation and Evaluation Group
Alternate AMLC Representative
Notice of Resolution A.M. No. 22-02-19-SC
December 5, 2023
Act. Dep. Dir. Rone! U. Buenaventura

Commitments and Policy Group
Atty. Luis Anthony K. Warren

Legal Officer, Litigation and Enforcement Group
Hon. Leah C. Tanodra-Armamento

Former Commissioner and Chairperson,
Commission on Human Rights
Human Rights Sector Representative
Prof. Anthony Charlemagne C. Yu

Professorial Lecturer - Constitutional Law
Philippine Judicial Academy/University of the
Philippines
Academe Representative
Atty. Adrian Ferdinand S. Sugay

Former Undersecretary- Department of Justice
Atty. Fritz Bryn Anthony M. Delos Santos

Atty. Miguel Martin A. Buenaventura
Atty. Chantal C. Chua
Atty. Vanessa Gloria S. Vergara
Office of the Chief Justice
Chief Justice Representatives
Secretariat: Atty. Camille Sue Mae L. Ting

Atty. Kristine Leigh G. Domingo
Office of Associate Justice Jose Midas P. Marquez
Stenographers: Maria Lourdes A. Banal

Mary Grace A. Santiago
Office of the Clerk of Court En Banc
NOW, THEREFORE, the Court En Banc resolves to APPROVE the "Rules

on the Anti-Terrorism Act of2020 and Related Laws."
December 5, 2023.
-----
/2{ q ~~-<
ALE;XAND~~'Sl-· ~ESMUNDO
/ (]ly{Jf'Just1ce
Notice of Resolution -4- A.M. No. 22-02-19-SC
December 5, 2023
S. CAGUIOA
Pl. s ciate J ice
1,i
AM'IB. ~O-_JAVIER
I)..-----'
Associate Justice .l~sociate Justice
_,/-·
I
' rvn1!l/1; , S VOTE
H ENRIJ E:/4f4~
j ~~TING
r RODIL V. ZALAMEDA
Associate J-l'.Stice Associate Justice
,- <~~
SAMUEL H. GAERLAN
Associate Justice
RI'cA1¥l(R. ROSARIO JHOS~l'EZ

As\iciate Justice Associate Justice
ON olFICIAL LEAVE Ut);u~-

FF1c1AL BUSINESS
J~tR
B. DIMAA~-0_1----- JO __ IDAS P. MARQUEZ
~ Associate Justice Associate Justice
Resolution -5- A.M. No. 22-02-19-SC
RULE 1
GENERAL PROVISIONS
Section 1. Title.-This set of Rules shall be known and cited as the "Rules on
the Anti-Terrorism Act of 2020 and Related Laws."
Section 2. Scope and Applicability.-This set of Rules shall apply to all

petitions and applications regarding detentions without judicial warrants of arrest,
surveillance orders, freeze orders, restrictions on travel, designations, proscriptions,
and other issuances promulgated to implement "The Anti-Terrorism Act of 2020"
(AT A) and other laws related to terrorism. 1
Section 3. Definition of Terms.-For purposes of this set of Rules, the

following terms are defined as follows:
(a) Application - an initiatory pleading filed by an authorized officer

before the proper court seeking to implement the provisions of the
AT A and other related laws.
(b) Arrest - the taking of a person into custody in order that he or she
may be bound to answer for the commission of an offense.
(c) Assets - refer to both properties and funds, including incorporeal

rights or interests therein, of the subject or target of designation or
proscription.
(d) Classified information - pe1iains to data or information that are

confidential or highly-sensitive such as matters that involve
national security and state secret/s.
(e) Clear and ConvincingEvidence 2 - refers to the measure or degree

of proof which will produce in the mind of the trier of facts a firm
belief or conviction as to the allegations sought to be established.
It is such quantum of proof which is less than proof beyond
reasonable doubt but greater than preponderance of evidence; in
which the degree of believability is higher than that of an ordinary
civil case. 3
Including but not limited to: Republic Act No. 9160 (2001 ), Anti-Money Laundering Act of 200 I; Republic Act
No. Io 168 (1012), The Terrorism Financing Prevention and Suppression Act of 2012; Republic Act No. 4200
( 1965), Anti-Wire Tapping Law; Republic Act No. IO 175 (2012), Cybercrirne Prevention Act of 2012.
Such standard or quantum of proof is usually used as a balancing mechanism to accommodate legitimate state
inrerests vis-3-vis private rights (see Colorado v. New A1exico, 467 U.S. 310 [1984]).
Tankeh v. Deve!opmenl Bank of the Philippines, 720 Phil. 641, 675-676 (2013).
(t) Confidential business correspondence refers to any

communication or information related to a business or commercial
transaction that pertains to any matter within the scope of the
legitimate business or trade of such entity or institution, which is
intended to be kept private or secret.
(g) Deli.~ting - an administrative or judicial process of removing for

justifiable cause the name or identity of an individual,
organization, association, or group of persons from among those
designated as terrorists under the AT A.
(h) Detention Without Judicial Warrant - the act of law enforcement

agents or military personnel in arresting and detaining individuals
without judicial waJTant based on probable cause within the
context of Rule 1 I 3, Section 5 of the Rules of Court.
(i) Effective Judicial Protection - refers to the right of a person or

group of persons or association to seek relief from a court: (a) with
competent jurisdiction; (b) independent, fair, and impartial, and
that will (c) actively protect their rights especially in proceedings
that exclude them or when vulnerable persons are involved. 4
U) Hash Value - refers to the mathematical algorithm produced

against digital information (a file, a physical disk, or a logical disk)
thereby creating a "digital fingerprint" or "digital DNA" for that
information. 5 It is a one-way algorithm and makes impossible to
change digital evidence without changing the corresponding hash
values.
(k) Prima Facie Evidence - means evidence which, if unexplained or

uncontradicted, is sufficient to sustain a judgment in favor of the
issue it supports, but which may be contradicted by other
evidence. 6
(I) Probable Cause - means the existence of such facts and

circumstances leading to the conclusion that a person is engaged in
criminal activity or that a property is related to a criminal activity
viewed in the eyes of a reasonably discreet, prudent, or cautious
person, and in light of the totality of circumstances. 7
In line with A1iic\e 8 of the United Nations' Universal Declaration of Human Rights. See also Judgment of 13
March 2007, Un;het (London) ltd. and Uniher (international) lief. v. Justitiekanslern, C-432/05, EU:C:2007: 163,
paragraph 37: ·•... [T]he principle of effective _judicial protection is a general principle of Community law
stemmingfrom the constitutionaltraditionscommonto the Member States,which hasbeenenshrinedin Articles
6 and 13 of the European Convention for the Protection ofl-Iuman Rights and Fundamental Freedoms[.]"
A.M. No. 17-11-03-SC (2018), sec. l .4(i), Rule on Cybercrirne Warrants.
,,
Wa-acon v. People, 539 Phil. 485,494 (2006).
7
People, •. Montilla, 349 Phil. 640, 659-660 ( I 998).
(m) Service Provider - refers to: ( 1) any public or private entity that
provides to users of its service the ability to communicate by means
of a computer system; and (2) any other entity that processes or
stores computer data on behalf of such communication service or
its users.
The term service provider includes any service provider offering

its services within the territory of the Philippines, regardless of its
principal place of business. 8
(n) Substantial Evidence - means such relevant evidence as a

reasonable mind might accept as adequate to support a conclusion,
even if other minds equally reasonable might conceivably opine
otherwise,9 considering the totality of the obtaining situation and
the consistency of the hearsay evidence with the other available
evidence in the case.
(o) Surveillance Activity - the act of tracking down, following, or

investigating individuals or organization; or tapping, listening,
overhearing, screening, reading, viewing, intercepting, collecting,
and recording of messages, conversations, discussions, spoken or
written words, including computer and network surveillance, and
other communications of individuals engaged in terrorism. 10
(p) Vulnerable Persons - refer to the elderly, pregnant, persons with

disability, women, and children who are under investigation,
interrogation, or detention pursuant to the AT A. 11
(q) Write-protection - refers to the method or process of rendering a

file, object, or contents within a storage device immutable from
being deleted, altered, or introduced with new data or information.
RULE2
.JUDICIAL RELIEF FROM DESIGNATIONS BY THE ANTI-TERRORISM

COUNCIL AND FREEZE ORDERS OF THE ANTI-MONEY
LAUNDERING COUNCIL
Section 1. Petition for Certiorari.-An individual, organization, association,

or group of persons may file with the Court of Appeals a verified petition for
certiorari within twenty (20) calendar days from the date of publication of
designation in the newspaper of general circulation, online official gazette, or on the
A.M. No. 17-1 1-03-SC (2018), sec. 1.4(q), Rule on Cybercrime Warrants.
' 9 Miro v. Vila. De Erederos, 721 Phil. 772, 787 (20 I 3).
'" The Anti-Terrorism Act of2020, secs. 3(i) and 16.
11 The J\nti-Terrorisrn J\ct of 2020, sec. S 1.
official website of the Anti-Terrorism Council (ATC), 12 whichever is earlier, to

' remove his/her/its/their name or identity from the list of designated terrorists. If the
petition also assails the issuance of any freeze order to effectuate the designation, a
copy of the petition shall be furnished the Anti-Money Laundering Council
(AMLC).
A request for delisting filed with the ATC shall bar the filing of a petition for
certiorari against the designation by the ATC. However, if the request for delisting
is not resolved by the ATC within thirty (30) calendar days from filing, or is denied,
the individual, organization, association, or group of persons may resort to a petition
for certiorari with the Coutt of Appeals within twenty (20) calendar days from the
lapse of the thirty (30)-calendar day period or from receipt of the denial of the request
for delisting, as the case may be.
Section 2. Form and Content of the Petition.-The verified petition for

certiorari shall contain the following:
(a) ATC resolution of designation;
(b) AMLC Freeze Order, if any;
(c) Date of publication of designation;
(d) Proof of service of the petition to the A TC and the AMLC; and
(e) A statement that no prior request for delisting has been filed with
the ATC, or if filed, was denied or not resolved within thitty (30)
calendar days from its filing.
The petitioner shall specify the alleged gross misapprehension of facts and
misinterpretation of law showing the ATC's or AMLC's grave abuse of discretion
amounting to lack or excess of jurisdiction in designating the petitioner pursuant to
Section 25 13 of the ATA and issuing the Freeze Order. The petitioner shall attach all
12
I'uhficalion c~f Designation.--The Depai1111entof Foreign Affairs with respect to designation under Section
3(e)( I) of this Act, and the ATC with respect to designation under Section 3(e)(2) and (3) and Section 11 of this
Act, shall publish a list of the designated persons to which this Act or the Human Security Act applies. The
concerned agencies shall ensure that an electronic version of the document is rnaideavailable to the public on their
respective wehsite. (The Terrorism Financing Prevention and Suppression Act of 2012, sec. 15)
13 Sec. 25. Designation of Ten-on:,·t Individual, Groups of Persons, Organization<;or Assoc:iations.-Pursuant to
our obligations under United Nations Security Council Resolution (UNSCR) No. I 373, the ATC shall
automatically adopt the United Nations Security Council Consolidated List of designated individuals, groups of
persons, organizations, or associations designated and/or identified as a terrorist, one who finances ten-orism, or
a terrorist organization or group.
Request for designations by other jurisdictions or supranational jurisdictions may be adopted by the ATC
after determination that the proposed designee meets the criteria for designation ofUNSCR No. 1373.
The ATC may designate an individual, group of persons, organization, or association, whether domestic or
foreign, upon a finding of probable cause that the individual, groups of persons, organization, or association
commit, or attempt to cdmn1it, or conspire in the commission of the acts defined and penalized under Sectioris 4,
5, 6, 7, 8, 9, I 0, 11, and 12 of this Act.
The assets of the designated individual, groups of persons, organization, or association above-mentioned
shall be subject to the authority of the Anti-Money Laundering Council (AMLC) to freeze pursuant to Section 11
of Republic Act No. IOI 68.
judicial affidavits of his/her/its/their witnesses and all other exculpatory evidence in

support of the allegations in the petition. Evidence not attached by the petitioner
shall not be considered by the Court of Appeals in its Decision. Noncompliance with
any of these requirements shall warrant the dismissal of the petition.
, ln case the ATC Resolution of Designation or AMLC Freeze Order is based

on generalities or conclusions, which will not enable a petitioner to intelligently
dispute the designation, the ATC and AMLC shall have the burden of evidence to
prove the existence of probable cause to designate the petitioner and freeze
his/her/its/their properties and assets.
Section 3. Action on the Petition.-Immediately upon receipt of the petition,

the Court of Appeals shall direct the ATC and AMLC, as the case may be, to file
their verified Comment within a non-extendible period of five (5) calendar days from
receipt of the order. This is without prejudice to the Court of Appeals requiring the
petitioner to complete his/her/its/their compliance with Section 2 of this Rule if
warranted.
The Comment shall show that there is no grave abuse of discretion in

designating the petitioner/s and freezing his/her/its/their a_ssetsand properties. The
ATC and AMLC shall attach all evidence to prove their defense, including the
judicial affidavits of their witnesses. If the evidence is wholly or in part classified
- and involves national security and state secret/s, the A TC and AMLC, as the case
may be, shall manifest such fact in their Comment and the evidence need not be
attached to the Comment. The Court of Appeals will give it due consideration
pursuant to Rule 7 of this set of Rules. Any other evidence not attached by the ATC
or the AMLC shall not be considered by the Comi of Appeals in its Decision. If the
petition raises questions of law against the ATC and AMLC, the Comment shall
refute the same, citing all legal authorities, treatises, and applicable laws and
jurisprudence on the matter.
~/here the burden of evidence has shifted to the ATC and AMLC, pursuant to
Section 2 hereof, they shall submit the judicial affidavits of their witnesses and attach
to their Comment all evidence they considered in finding probable cause designating
the petitioner/s as a terrorist or as a terror group, and freezing their assets and
prope1iies.
Section 4. Preliminary Conference.-Within three (3) calendar days from

, receipt of the ATC's and AMLC's Comments, the Court of Appeals shall call the
parties to a preliminary conference to discuss the following:
(a) Possibility of obtaining stipulations or admissions of facts and of

evidence to avoid unnecessary proof;
The designation shall be without prejudice to the proscription of terrorist organizations, associations, or
groups of persons under Section 26 of this Act.
Resolution - IO - A.M. No. 22-02-19,SC
(b) Simplification of issues;
(c) Necessity of amendments to the pleadings;
(d) Limitation of the number of witnesses and the dates of summary

hearing;
(e) Procedure to follow pursuant to Rule 7 of this set of Rules when

the classified evidence involves matter of national security and
state secret/ s; and
( I) Other matters that may aid in the prompt disposition of the petition.
Section 5. Preliminary Conference Order.-The Court of Appeals shall issue

a Preliminary Conference Order within ten (10) calendar days from termination of
the Conference. The Order shall include:
(a) An enumeration of the admitted facts;
(b) The legal and factual issue/s to be tried;
(c) The evidence marked;
(d) Hearing dates for the presentation of petitioner's evidence;
( e) Hearing dates for the presentation of respondent's evidence; and
(I) Determination if some classified evidence involves national

security and state secret/s and the procedure to be followed under
Rule 7 of this set of Rules.
Section 6. Summary Hearing.-The hearings on the petition shall be

summary in nature and continuous, and shall be terminated within three (3) months
from the issuance of the Preliminary Conference Order. Hearings via
videoconferencing may be adopted.
Section 7. Decision.-The Decision shall be rendered within one ( l) month

from the time the case is submitted for decision and shall be iimmediately executory.
RULE3
PROSCRIPTION
Section I. Petition for Judicial Proscription.-Upon verified petition by the

Secretary of the Department of Justice (DOJ), the Court of Appeals may issue an
Order of Proscription declaring as outlawed terrorist any group of persons,
organization, or association that commits any of the acts defined and penalized under
Resolution - 11 - A.M. No. 22-02-19-SC
Sections 4, 14 5, 15 6, 16 7, 17 8, 18 9, 19 10,20 11,21 and 1222 of the ATA or organized for

the purpose of engaging in terrorism.
Sec. 4. Terrorism.-Subject to Section 49 of this Act, terrorism is committed by any person who, within or outside
the Philippines, regardless of the stage of execution:
(a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a
person's life;
_ . ~b) Eng~ges in acts i~ltended to cause extensive damage or destruction to a government or public
lacihty, public place or private prope1iy;
. (c) Engages in acts intended to cause extensive interference with, damage or destruction to critical
m frastructure;
(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or
orbiological, nuclear, radiological or chemical weapons; and
(e) Release ordangerous substances, or causing fire, floods or explosions
wh\.'ll thl.':purpose of such act, by its nature and context, is to intimidate the general public or a segment.
thi:n:oC create an atmosphere or spread a message or fear, to provoke or influence by intimidation the
government or any international organization, or seriously destabilize or destroy the fundamental political,
economic, or social structures of the country, or create a public emergency or seriously undem1ine public
safety, shall be guilty of committing terrorism and shall suffer the penalty of life imprisonment without
the benefit of parole and the benefits of Republic Act No. I 0592, otherwise known as "An Act Amending
Art ides 29, 94, 97, 98 and 99 of Act No. 3815, as amended, otherwise known as the Revised Penal Code":
Provided, That, te1Torismas defined in this section shall not include advocacy, protest, dissent, stoppage
ol'work, industrial or mass action, and other similar exercises of civil and political rights[.]
15
Ste. 5. l'lweat to Commit Terrorism.-Any person who shall threaten to commit any of the acts mentioned in
Section 4 hereor shall suffer the penalty of imprisonment of twelve ( 12) years.
'" Sec. 6. I'lanning, Training, I'reparing, and FaciUtating the Commissfrm qfTerrorism.-It shall be unlawful for
any person to participate in the planning, training, preparation and facilitation in the commission of terrorism,
possessing objects connected with the preparation for the commission of terrorism, or collecting or making
documents connected with the preparation of terrorism. Any person found guilty of the provisions of this Act
shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No.
10592.
17
Sec. 7. Conspiracy to Commit Terrorism.-Any conspiracy to commit teITorism as defined and penalized under
Section 4 of this Act shall suffer the penalty of life imprisonment without the benefit of parole and the benefits
of Republic Act No. I 0592.
There is conspiracy when two (2) or more persons come to an agreement concerning the commission of
te1Torismas defined in Section 4 hereof and decide to commit the same.
Sec. 8. I'roposa! to Commit Terrorism.-Any person who proposes to commit terrorism as defined in Section 4
hereof shall suffer the penalty of imprisonment of twelve ( 12) years.
Sec. 9. fndting to Commit Terrorfsm.-Any person who, without taking any direct pa11 in the commission of
teJTOrism,shall incite others to the execution of any of the acts specified in Section 4 hereof by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the same end, shall suffer the
penalty of imprisonment of twelve (12) years.
20
Sec. 10. Recruitment fO and A1emhership in a Terrorist Organi:rntion.-Any person who shall recruit another to
pat1icipate in, join, commit or support terrorism or a ten·orist individual or any tenorist organization, association
or group of persons proscribed under Section 26 of this Act, or designated by the United Nations Security Council
as a 1errorist organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic Act No. I 0592.
The same penalty shall be imposed on any person who organizes or facilitates the travel of individuals to a
state other than their state of residence or nationality for the purpose of recruitment which may be committed
through any of the following means:
(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign state,
whether the a1111edforce fonns pai1 of the armed forces of the government of that foreign state or
othen". ise:
1
(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any
cnpacity in or with such an armed force;
(c) Publishing an advertisement or propaganda containing any information relating to the place at
which or the manner in which persons may make applications to serve or obtain information relating to
service in any capacity in or with such armed force or relating to the manrnx in which persons may travel r
to a foreign state for the purpose of serving in any capacity in or with such armed force; or
(d) Performing any other act with the intention of facilitating or promoting the recruitment or
pt"-rsonsto serve in any capacity in or with such armed force.
Any person who shall voluntarily and knowingly join any organization, association, or group of persons
knowing that such organization, association, or group of persons is proscribed under Section 16 of this Act, or
designated by the United Nations Security Council as a terrorist organization, or organized for the purpose of
engaging in terrorism, shall suffer the penalty of imprisonment of twelve (12) years.
Section 2. Form of the Petition.-The petition shall be verified and shall

contain the following: 13
(a) The authorization of the ATC and the recommendation of the

National Intelligence Coordinating Agency (NICA) to file the
petition;
(b) Proof of service of the pet1t1on on the group of persons,

organization, or association sought to be proscribed. If the
respondent/s whereabouts are unknown and cannot be ascertained
by diligent inquiry, service may, by leave of court, be effected by
publication of the verified petition in the official website of the
ATC, DOJ, AMLC, or NICA and at least once in a newspaper of
general circulation or in such places and time as the Court of
Appeals may order;
(c) The judicial affidavits of witnesses and all inculpatory evidence to

prove the allegations in the petition except classified evidence that·
involve national security and state secret/s. The right of
respondent/s to access said evidence and their evidentiary value
shall be treated pursuant to Rule 7 of this set of Rules. Only
evidence submitted in support of the petition shall be considered
by the Comi of Appeals; and
(d) A statement whether a petition for proscription had been

previously filed against the same group of persons, organization,
or association, and its resolution.
Section 3. Content of the Petition.-The petition shall contain:
.._ 21 Sec. 11. ff.Jreign Terro6st.-The following acts are unlawful and shall sutler the penalty of life imprisonment
without the benefit of parole and the benefits of Republic Act No. I 0592:
(a) For any person to travel or attempt to travel to a state other than bis/her state of residence or
nationality, for the purpose of perpetrating, planning, or preparing for, or participating in terrorism, or
providing or receiving terrorist training;
(b) For any person to organize or facilitate the travel of individuals who travel to a state other than
their states of residence or nationality knowing that such travel is for the purpose of perpetrating,
planning, training, or preparing for, or participating in te1Torism or providing or receiving te1Torist
training; or
, (c) For any person residing abroad who comes to the Philippines to participate in perpetrating,
planning, training, or preparing for, or participating in terrorism or provide support for or facilitate or
receive terrorist training here or abroad.
22 Sec. 12. Provh.UngMaterial Support to Terrorists.-Any person who provides material support to any terrorist
individual or terrorist organization, association or group of persons committing any of the acts punishable under
Section 4 hereof, knowing that such individual or organization, association, or group of persons is committing or
planning to commit such acts, shall be liable as principal to any and all terrorist activities committed by said
individuals or organizations, in addition to other criminal liabilities he/she or they may have incurred in relation
thereto. •
Thi: Anti-Terrorism /\ct of 2020, sec. 26.
(a) A specific identification of the group of persons, organization, or

association sought to be proscribed, including the names and
addresses of every member at the time the petition is filed and their
respective dates of membership, if known;
(b) A detailed discussion of the factual and legal bases relied upon to
justify the issuance of an Order of Proscription, whether
preliminary or permanent; and
(c) A commitment of the petitioner to have the Permanent Order of

Proscription reviewed within six (6) months prior to its
expiration. 24
Section 4. Outright Dismissal of Petition.-The Court of Appeals shall

dismiss without prejudice the petition if it finds that it is not sufficient in form or
substance.
Section 5. Comment on the Petition.-lfthe petition is sufficient in form and

substance, the Court of Appeals shall require the respondent/s to file a verified
Comment within a non-extendible period of ten (10) calendar days from receipt of
the Order. In case the addresses of the respondent/s are unknown, the Court of
Appeals shall direct the petitioner to cause the publication of the Order, . in
accordance with Section 2(b) of this Rule. Thereafter, the respondent/s shall file
' their verified Comment within a non-extendible period of ten ( I 0) calendar days
from the date of publication.
The respondent/s shall submit the judicial affidavits of their witnesses and .all
other exculpatory evidence in support of the allegations contained in their verified
Comment. Evidence not submitted by the respondents shall not be considered by
the Cm.lt"tof Appeals in its Decision.
If no Comment is filed within the reglementary period, the Court of Appeals

shall hear the case ex parte and render judgment on the basis of the evidence
presented.
Section 6. Preliminary Order of Proscription.-Within seventy-two (72)

hours from the filing of the verified petition, the Court of Appeals may issue ex
pa rte, a Preliminary Order of Proscription declaring the respondent/s as terrorist/~. 25
The Preliminary Order of Proscription must be based on probable cause

sufficiently established in the verified petition and by the evidence in its support,
and that the issuance of such Preliminary Order is necessary to prevent the
commission of terrorism. In the event the respondent/s, within the same period, filed
an Opposition to the prayer for a Preliminary Order of Proscription, the Court of
:'!~ This is to emphasize that petitioner has the responsibility to determine if relevant circumstances warrant extension
of the order of proscription upon issuance.
2
~ Tile Ami-Terrorism Act of2020, sec. 27.
Resolution - 14 - AM. No. 22-02-19-SC
Appeals may resolve the issue on the basis of the verified petition together with the
Opposition and their annexes, or call for a summary hearing.
Section 7. Effect of Preliminary Order of Proscription.-The Prelimina1y

Order of Proscription shall empower the AMLC to exercise its authority to
investigate, inquire, and examine respondent/s bank deposits and freeze their assets
and properties under Sections 35 26 and 36 27 of the AT A.
Section 8. Preventive Freeze Order; Exiension.-Upon the issuance by the

Court of Appeals of a Preliminary Order of Proscription, the AMLC may, upon its
own initiative or at the request of the ATC, issue without delay an ex parte
preventive freeze order, which shall take effect immediately and shall remain in
effect for a period not exceeding twenty (20) calendar days, freezing (a) any property
or fonds based on probable cause that are in any way related to financing of terrorism
as defined and penalized under Republic Act No.·10168, or any violation of Sections
4, 5, 6, 7, 8, 9, 10, 11, or 1228 of the ATA, or (b) property or funds of any person or
Sec. 35. Anti-l\1/oney laundering Council Authority lo investigate, inquire into and Examine Bank Deposits.-
Upon the issuance by the court of a preliminary order of proscription or in case of designation under Section 25
of this /\ct, the AMLC, either upon its own initiative or at the request of the ATC, is hereby authorized to
investigate: (a) any property or funds that are in any way related to financing of terrorism as defined and penalized
under Republic Act No. IO168, or violation of Sections 4, 6, 7, I 0, 11 or 12 of this Act; and (b) prope11yor runds
of any person or persons in relation to whom there is probable cause to believe that such person or persons are
committing or attempting or conspiring to commit, or participating in or facilitating the financing of the
aforementioned sections of this Act.
The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or
instrurntntality of the government, including government-owned and -controlled corporations in undertaking
measures to counter the financing often-orism, which may include the use of its personnel, facilities and resourCes.
For purposes of this section and notwithstanding the provisions of Republic Act No. 1405, otherwise known
as the "Law on Secrecy of Bank Deposits," as amended; Republic Act No. 6426, otherwise known as the "Foreign
Currency Deposit Act of the Philippines," as amended; Republic Act No. 8791, Nherwise known as ''The General
Banking Law of2000" and other laws, the AMLC is hereby authorized to inquire into or examine deposits and
investments with any ban_king institution or non-bank financial institution and their subsidiaries and affiliates
without a court order.
27
Sec. 36. Awhority lo Freeze.~Upon the issuance by the court of a preliminary order of proscription or in case of
designation under Section 25 of this Act, the AMLC, either upon its own initiative or request of the ATC, is
hereby authorized to issue an ex parte order to freeze without delay: (a) any property or funds that are in any way
related to financing of terrorism as defined and penalized under Republic Act No. I 0168, or any violation of
Sections 4, 5, 6, 7, 8, 9, I 0, 11 or 12 of this Act; and (b) prope11yor fonds of any person or persons in relation to
whom there is probable cause to believe that such person or persons are committing or attempting or conspiring
to commit, or participating in or facilitating the financing of the aforementioned sections of this Act.
The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by the
AMLC before the expiration of the period, the effectivity of the freeze order may be extended up to a period not
exceeding six (6) months upon order of the Court of Appeals: Provided, That, the twenty-day period shall he
tolled upon filing ofa petition to extend the cffectivity of the freeze order.
Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines' international
obligations, shall be authorized to issue a freeze order with respect to property or funds of a designated
organizati,on, association, group or any individual to comply with binding terrorism-related resolutions, including
UNSCR No. 1373 pursuant to Article 41 of the chai1er of the UN. Said freeze order shall be effective until the
basis for the issuance thereof shall have been lifted. During the effectivity of the freeze order, an aggrieved party
may, within twenty (20) days from issuance, file with the Court of Appeals a petition to determine the basis of
the freeze order according to the principle of effective judicial protection: Prov;ded, That the person whose.
prnp1.:-rty
or funds have been frozen may withdraw such sums as the AMLC determines to be reasonably needed
for monthly family needs and sustenance including the services of counsel and the family medical needs of such
person.
However, if the property or funds subject of the freeze order under the immediately preceding paragraph are
found to be in any way related to financing of terrorism as defined and penalized under Republic Act No. IO168,
or any violation of Sections 4, 5, 6, 7, 8, 9, 10, I I or 12 of this Act committed within the jurisdiction of the
Philippines, said property or funds shall be the subject of civil forfeiture proceedings as provided under Republic
Act No. 10168.
See notes 14-22.
persons in relation to whom there is probable cause to believe that such person or
persons are committing or attempting or conspiring to commit, or participating in or
facilitating the financing of the aforementioned prohibited acts. Before the
expiration of this initial period, the AMLC may move for am extension, which the
Court of Appeals may resolve with or without notice to the respondent. The motion
for extension shall be resolved within a period of ten ( I 0) calendar days from the
time it is submitted for resolution. The effectivity of the preventive freeze order may
be extended by the Court of Appeals to a period not exceeding six (6) months.
Prior to the expiration of the effectivity of the freeze order, the AMLC,
represented by the Office of the Solicitor General, may initiate civil forfeiture
proceedings under A.M. No. 05-11-04-SC and pursuant to Section 36 29 of the ATA.
Section 9. Preliminary Conference.-The Court of Appeals shall call the

parties to a preliminary conference within three (3) calendar days from receipt of the
_ Comment to discuss the following:
(a) Possibility of obtaining stipulations or admissions of facts and

evidence to avoid unnecessary proof;
(b) Simplification of issues;
(c) Limitation of the number of witnesses and their judicial affidavits,

and the setting of trial dates;
(cl) Procedure to follow pursuant to Rule 7 of this set of Rules when

classified evidence involve matters of national security and state
secret/s; and
(e) Other matters that may aid in the prompt disposition of the petition.
Section JO. Preliminary Conference Order.-The Court of Appeals shall

issue an order within ten (10) calendar days after termination of the Preliminary
Conference which shall include:
(a) An enumeration of admitted facts;
(b) The legal and factual issue/s to be tried;
(c) The evidence marked;
(cl) Determination if classified evidence involves national security and

state secret/s;
Resolution - I6 - AM. No. 22-02-19-SC
(e) Hearing dates for the presentation of the parties' evidence,

including the names of their witnesses, if any; and
(f) Procedure to follow when the evidence involves matters of national

security and state secret/s pursuant to Rule 7 of this set of Rules.
Section I I. Period and Nature ofHearing.-Upon issuance of a Pre] iminary

Conference Order, the Court of Appeals shall conduct continuous hearings on the
petition, which shall be summary in nature. The hearings shall be completed within
six (6) months from the date of filing of the petition.
Section 12. Required Quantum of Proof-On the matter of issuing a

Preliminary Order of Proscription, it shall be the burden of the petitioner to establish
the existence of probable cause that the respondent is a terrorist and an outlawed
organization or association within the meaning of Section 26 30 of the AT A, and that
tl1e Order is necessary to prevent the commission of terrorism.
On the matter of issuing a Permanent Order of Proscription, it shall be the

burden of the petitioner to prove by clear and convincing evidence 31 that the
respondent is a terrorist and an outlawed organization or association within the
' meaning of Section 26 of the AT A and that the Order is necessary to prevent the
further commission of terrorism.
Section 13. Decision.-The Court of Appeals shall decide the Petition within
three (3) months from the time it is submitted for resolution and the Decision shall
be immediately executory. A Permanent Order of Proscription shall be effective for
a period of three (3) years from the date of its publication.
The Permanent Order of Proscription shall automatically lapse upon the

expiration of the three (3 )-year period provided that there is no order extending or
continuing the proscription.
Section 14. Publication and Effectivity.-The ATC shall publish the

Permanent Order of Proscription issued by the Court of Appeals in a newspaper of
general circulation, in the official website of the ATC, DOJ, AMLC, NICA, and the
Official Gazette. The Order shall take effect upon its publication in a newspaper of
• general circulation.
30
Sec. 26. Proscription ofTerror;s1 Organizations, Assodations, or Group of Persons.-Any group of persons.,
organization, or association, which commits any of the acts defined and penalized under Sections 4, 5, 6., 7, 8, 9,
10, I I and 12 of this Act, or organized for the purpose of engaging in terrorism s11all,upon application of the DOJ
before the authorizing division of the CoUti of Appealstith due notice and opportunity to be heard given to the
group or persons, organization or association, be de Jared as a terrorist and outlawed group of persons,
org[tni:zation or association, by the said Court.
The application shall be filed with an urgent praye for the issuance of a p~·eliminary order of proscription.
No application for proscription shall be filed without th authority of the A TC upon the recommendation of the
National Intelligence Coordinating Agency (NICA).
31
Calh!fa v. Execurive Secretm:v, G.R. No. 252578 et al., ecember 7, 2021 [Per J. Carandang, En Banc].
Section 15. Review of Permanent Order of Proscription on Motion of a

Party.--At any time before the expiration of the three (3)-year period of the
Permanent Order of Proscription, any party may file a verified motion before the
Court of Appeals to modify or lift the order due to change iin the circumstances of
the parties.
The verified motion shall be accompanied by all evidence to justify the ground
of change in circumstances and proof of service on the ATC, NICA, and AMLC.
' Any opposing party shall have ten (10) calendar days from receipt of the motion
within which to file its Comment. The motion shall be resolved by the Comi of
Appeals on the basis of the pleadings or in a summary hearing.
Section 16. Review of the Permanent Order of Proscription.-Within six (6)

months before the expiration of three (3) years, the Court of Appeals, upon the filing
ofa verified application by the DOJ, shall undertake a review of the Permanent Order
of Proscription. 32 The Court of Appeals may require the DOJ and the proscribed
group of persons, organization, or association and its identified members to establish
within ten ( 10) calendar days from notice whether circumstances warrant the
continuation or the lifting of the Permanent Order of Proscription.
If the Comi of Appeals finds in a summary hearing that evidence justifies the
continuation of the Permanent Order of Proscription in the interest of national
security or public safety, the Order shall remain effective for another period of not
more than three (3) years from its original issuance.
Section 17. Dismissal not a bar.-The dismissal of a petition for proscription

shall not bar the filing of another petition against the same group of persons,
organization, or association, if the subsequent petition is:
(a) grounded on new evidence which the petitioner could not have
presented even in the exercise of reasonable diligence; and
(b) filed six (6) months after the dismissal of the prior petition for
proscription.
Section 18. New Application for Proscription.-The application for

proscription shall be docketed as a new petition and shall be raffled to another
division of the Court of Appeals.
The Ami-Terrorism Act of 2020, sec. 27.

Resolution A.M. No. 22-02-19-SC
RULE4
33
JUDICIAL AUTHORIZATION TO CONDUCT SURVEILLANCE
A. SURVEILLANCE ORDER
Section I. Authorization for Surveillance. 34-Without any written order

from the Court of Appeals, no law enforcement agent or military personnel may
secretly wiretap, overhear and listen to, intercept, screen, read, surveil, record, or
collect, with the use of any mode, form, kind, or type of electronic, mechanical or
other equipment or device or technology now known or may hereafter be known to
, science or with the use of any other suitable ways and means, any private
communications, conversation, discussion/s, data, information, messages in
whatever form, kind or nature, spoken or written words between persons mentioned
in Section 2 of this Rule.
Through a written order from the Court of Appeals, a law enforcement agent
or military personnel may compel service providers to produce all customer
information and identification records as well as call and text data records, content,
and other cellular or internet metadata of any person suspected of committing or
committing any ofthe crimes defined and penalized under the ATA. A copy ofthe
ex parte application shall be furnished the Commissioner of the National
Telecommunications Commission (NTC), which shall be held in strict confidence.
Section 2. Subjects or Targets of Surveillance Orders.-Surveillance Orders

shall be limited to the following subjects or targets: 35
(a) Between members of a judicially-proscribed terrorist organization,

as provided in Section 26 36 of the AT A;
(b) Between members of a designated person as defined m Section

3( e )37 of Republic Act No. 10168; or
.n The Anti-Terrorism Act of 2020, sec. 17, uses the term 'judicial authorization."
:,..i The Anti-Terrorism Act of 2020, sec. 16.
35 The phrase ''subjects or targets" is used instead of the tern1 "suspect" to dispel any misinterpretation that
surveillance orders or authmization may be issued on the basis of mere suspicion.
36
See note 30.
:n The Terrorism Financing Prevention and Suppression Act of 2012, sec. 3(e).
(e) Designated persons refers to:
( 1) any person or entity designated and/or identified as a terrorist, one who finances ten-orism, or a
terrorist organization or group under the applicable United Nations Security Council Resolution or by another
jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of persons proscribed purslrnnt to Section 17 of the Human
Security Act of2007; or
(3) any person, organization, association, or group of persons whose funds or property, based on probable
cause are subject to seizure and sequestration under Section 39 of the Human Security Act of 2007.
(c) Any person charged with, or suspected of, committing any of the
crimes defined and penalized under the provisions of the AT A.
Notwithstanding the foregoing enumeration of subjects or targets, no written

order shall be issued for the surveillance of the following communications: .(i)
between lawyers and clients; (ii) doctors and patients; (iii) journalists and their
sources; and (iv) confidential business correspondence. 38
Section 3. Verffied Ex Parte Application for Surveillance Order.~Any law

enforcement agent or military personnel seeking to conduct the surveillance
activities mentioned in Section I of this Rule shall file a verified ex parte application
with the Court of Appeals which shall contain the following:
(a) The written authority from the A TC to file the verified ex parte
application;
(b) The identity of the law enforcement agent or military personnel,

including the individual identities of the members of their team
who will unde1iake the surveillance;
(c) The name and address of the next in rank of the law enforcement
agent or military personnel authorized to file the verified ex parte
application;
(cl) The identity/ies, such as name and address, of the person/s whose
communication/s, message/s, conversation/s, discussion/s, or
spoken or written word/sis/are to be tracked down, tapped, listened
to, intercepted, and recorded;
(e) The length of time within which the authorization shall be used or
carried out;
(f) The offense or offenses committed, or being committed, or sought

to be prevented by the AT A;
(g) The electronic transmission systems or the telephone numbers to

be tracked down, tapped, listened to, intercepted, and recorded and
their locations, in the case of radio, electronic, or telephonic
(whether wireless or otherwise) communications, messages,
conversations, discussions, or spoken or written words; and
(h) The name of the service provider and the relevant information and
identification records and call and text data records, content and
other cellular or internet metadata of its customer suspected of
.,x The Anti-Terrorism Act of 2020, sec. 16.

committing any of the crunes defined and penalized under the

ATA.
Section 4. Grounds for the Issuance of a Surveillance Order.-The

, Surveillance Order shall issue upon showing that: 39
(a) There is probable cause to believe, based on personal knowledge

of facts and circumstances, that any of the offenses enumerated in
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 1240 of the ATA have been
committed, are being committed, or are about to be committed by
the subject/s; and
(b) There is probable cause to believe, based on personal knowledge

of facts and circumstances, that evidence will be obtained which is
essential to the conviction of any charged or suspected person for
violation of Sections 4, 5, 6, 7, 8, 9, 10, 11, and 1241 of the ATA or
to the solution or prevention of any of the previously enumerated
offenses.
The applicants shall submit all evidence, testimonial and non-testimonial, in

support of the verified ex parte application. The testimonial evidence shall be given
' in judicial affidavits. Classified evidence that involves national security and state
secret/s may be submitted for the consideration of the Court of Appeals and shall be
treated in accord with Rule 7 of this set of Rules. Only evidence attached to the
application shall be considered by the Court of Appeals in the course of hearing the
ex parte application.
Section 5. Action on the Verified Ex Parte Application.-The Court of

Appeals may take the following actions on the verified ex parte application:
(a) It shall dismiss motu proprio the application if it is insufficient in

form or substance;
(b) If the application is sufficient in form and substance, it shall

conduct summary and continuous hearings within twenty-four (24)
hours upon its filing. The Court of Appeals shall, within seventy-
two (72) hours from termination of the summary and continuous
hearings, resolve the application;
(c) In the summary hearings, the applicant shall adduce proof of

probable cause as required in Section 4 of this Rule; and
9
~ The Anti-Terrorism Act of 2020, sec. 17.
.io See notes 14-22.
~I Id.
(d) To determine probable cause, the Justices shall proactively

examine the applicants and their witnesses with probing and
searching questions to ensure that the right of the subject to
effective judicial protection is not violated and their constitutional
rights are not unduly derogated with due regard to the preventive
purpose of the Surveillance Order. The searching questions and
answers shall form part of the records of the case.
Section 6. Content of Surveillance Order.~The Surveillance Order shall be

' in writing and shall specify the following: 42
(a) The identity/ies, such as name and address, if known, of the

person/s whose communication/s, message/s, conversation/s,
discussion/s, or spoken or written word/sis/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 location. Person or persons
suspected of committing any of the crimes defined and penalized
under the provisions of the ATA not fully known shall be the
subject of continuous surveillance;
(b) The identity of the law enforcement agent or military personnel,

including the members of his or her team, judicially authorized to
undertake surveillance;
(c) The offense or offenses committed, or being committed, or to be

prevented;
(cl) The length of time within which the Order shall be used or carried
out.43 and
'
(e) The name of the service provider that will produce, identify, and
preserve the relevant infonnation and information/data 44
identification records and call and text data records, content and
other cellular or internet rnetadata of its customer suspected of or
committing any of the crimes defined and penalized under the
ATA.
-1:1: The Anti-Te1Torism Act of 2020, sec. 1K

-U Id.
1
- .i Cyben:rime Prevention Act of 2012, sec. J(o).
' Resolution - 22 - A.M. No. 22-02-19-SC
Section 7. Service of Surveillance Order.-Copies of the Surveillance Order

shall be served by the clerk of court or any other duly authorized personnel of the
Court of Appeals personally on the applicant law enforcement agent or military
personnel, the Commissioner of the NTC, and service providers not later than
twenty-four (24) hours from its promulgation.
Section 8. Persons Who May Conduct Surveillance.-The authority granted

in the Surveillance Order shall be limited to the law enforcement agent or military
personnel and the members of their team named therein. No surveillance activity
may be outsourced, subcontracted, or delegated to private individuals, groups, or
entities.
The law enforcement agent or military personnel shall keep a record of the
, surveillance activities undertaken, including the names of the persons participating
therein and the dates thereof, subject to the procedure laid down in Rule 7 hereof
when matters of national security and state secret/s are involved.
Section 9. Effectivity of Surveillance Order.-The Surveillance Order shall

be effective for the length of time specified in the Order which shall not exceed sixty
(60) calendar days from the date of its receipt by the applicant law enforcement agent
or military personnel. 45
The Surveillance Order shall automatically lapse upon the expiration of the
period specified in the Order if the applicant fails to file a motion for its extension.
Section JO. Extension of Judicial Authorization. 46 -An ex parte verified

motion may be filed by the original applicant to extend the authorization to a period
which shall not exceed thirty (30) calendar days.
The Justices shall proactively determine the merits of the motion through
' searching questions which, together with the answers given by the applicant and the
witnesses, shall forn1 part of the records of the case. The motion shall be granted if
warranted by public interest.
No further motion for extension shall be entertained and allowed beyond the
first extension.
In case of death or physical disability of the original applicant, the one next in
rank among the members of the team named in the original written order shall file
the motion.
Section I]. Period To File Charges.-The applicant law enforcement agent

or military personnel shall have thirty (30) calendar days after the termination of the
surveillance period within which to file the appropriate charges before the Public
Prosecutor's Office for any violation of the AT A. After the expiration of the period,
,_ ~:i The Anti-Terrorism Act of 2020, sec. 19.

.t(, Id.
the Court of Appeals shall direct them to report whether or not an appropriate case
, has been filed. If no case is filed, the applicant shall manifest the reasons therefor.
Section 12. Custody of intercepted and Recorded Communications.-All

tapes, discs, other storage devices, recording, notes, memoranda, summaries,
excerpts, and all their copies, including a record of the surveillance activities
undertaken under Section 8 of this Rule, shall, within forty-eight (48) hours after the
expiration of the period fixed in the Surveillance Order or its extension, be deposited
with the Court of Appeals in a sealed envelope or sealed package, and shall be
accompanied by a joint affidavit of the applicant law enforcement agent or military
personnel and the members of their team.
In case of death or disability of the applicant, the one next in rank among the
1i1embers of the team named shall execute the required affidavit with the members
of the team. 47
The joint affidavit of the law enforcement agent or military personnel shall
state the following: (a) the number of tapes, disc, and recordings that have been
' made; (b) the dates and times covered by each of such tapes, disc, and recordings;
and (c) the chain of custody or the list of persons who had possession or custody
over the tapes, discs and recordings.
They shall also certify under oath that no duplicate/s or copy of the whole or
any part of any such tapes, discs, other storage devices, recordings, notes,
memoranda, summaries, or excerpts have been made or, if made, that all are included
in the sealed envelope or sealed package deposited with the authorizing division of
the Court of Appeals. 48
Section 13. Authorization for Opening, Replaying, Disclosing, and Using

Sealed Envelope or Package as Evidence.-The sealed envelope or sealed package
and their contents referred to in Section 12 of this Rule are classified information
and shall remain classified if no case has been filed against the surveilled subject. 49
The Secretary of the DOJ, duly authorized in writing by the ATC, may, however,
file a verified motion for the sealed envelope or sealed package and their contents to
, be opened, replayed, disclosed, or be used as evidence in an appropriate case. 50
Copy of the motion shall be served on the person whose conversation,

communication, message, discussion, or spoken or written word/s has been the
subject of surveillance, monitoring, recording, and interception.
Any listened to, intercepted, and recorded communications, message,

conversation/s, discussion/s, or spoken or written word/s, 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
17
The Anti-Terrorism Act of 2020, sec. 20.
rn The Anti-Terrorism Act of 2020, sec. 21.
-f'J The Anti-Terrorism Act of 2020, sec. 22.
:;o Id.
AT A, or the provisions of this Rule, shall be inadmissible and cannot be used as

evidence in any judicia_l, quasi-judicial, legislative, or administrative investigation,
inquiry, or proceeding_)!
Section 14. Classification of Surveillance Order and Application.-The ex

parte application, the surveillance order, and all its incidents are classified
' information. Access to these documents shall be limited to the applicant, duly
authorized personnel of the ATC, the Justices of the authorizing division of the Comi
of Appeals, its division clerk of court, and other duly authorized personnel of the
Court of Appeals. 52
B. Data Preservation Order
Section 15. Data Preservation Order.-The ATC may, in its application for
a surveillance order, pray for the issuance of a data preservation order to compel any
service provider to preserve all existing data pertaining to the subscriber information,
traffic data, and communication content data ofthe person, entity, or group subject
of the surveillance.
The A TC shall specifically describe the data sought to be preserved or

retrieved under the data preservation order.
'
Section 16. Obligations of the Service Provider.-The service provider shall,

in compliance with the Data Preservation Order, perform the following:
(l) Retain and store in its facility all data pertaining to subscriber
information, traffic data, and communication content data of the
person, entity, or group subject of the surveillance for a period of
sixty (60) calendar days 53 or that which is specified by the Court of
Appeals reckoned from receipt of the Data Preservation Order;
(2) Retain and store in its facility the aforementioned data for six (6)
months 54 reckoned from the last day of the court-approved
surveillance period;
(3) Make the aforementioned data available to the ATC for copying;
(4) Record the data sought by the ATC to be copied in a write-

protected storage medium which includes and shall not be limited
to CDs, DVDs, solid state flash drives, magnetic hard drives, and
other storage medium that may hereinafter be known to science;
1
-~ The Anti-TeJTorism Act of 2020, sec. 23 .
•'>:> The Anti-Terrorism Act of 2020, sec. 18.
53
171eAnti-Terrorism Act of 2020, sec. 19.
01
• Cybercrime Prevention Act of 2012, sec. 13.
55 56
(5) Assign a hash value on the write-protected storage medium;
(6) Execute a certification containing the description of the data

contained in the write-protected storage medium as well as its hash
value; and
( 7) Turn over the certification and the write-protected storage medium

with assigned hash value to the A TC.
Section 17. Obligations of the ATC-The ATC shall tum over to the Court
of Appeals, within forty-eight ( 48) hours after each request of the recorded data, 58
57
the certification executed by the service provider under the preceding Section as well
as all the retrieved data of the person, entity or group subject of the surveillance
contained within the write-protected storage medium with assigned hash value.
The A TC shall provide for the write-protected storage medium at its own
expense and shall be responsible for retrieval and storage of all the data it needs from
the service provider regarding the person, entity, or group subject of the surveillance.
Under no circumstance shall the ATC examine, access, or make use of the
data recovered from the service provider without first filing a motion with the Comi
of Appeals for the opening, replaying, disclosing, or using as evidence of the sealed
envelope or sealed package, or the contents thereof under Rule 4, Section 13 of this
set of Rules.
Section 18. Return.-After retrieving all the data covering the surveillance
period from the service provider, the A TC shall file a return with the Court of
Appeals describing and listing all the data retrieved or recovered within five (5)
calendar days reckoned from the expiration of such period.
Section 19. Implementation of the Communication Content Data

Preservation Order on Service Providers Located Outside the Philippines.-
Whenever the communication content data sought to be preserved or retrieved is in
the possession or control of a service provider situated outside of the Pl)ilippines, the
Data Preservation Order shall be coursed through the Depaiiment of Justice - Office
ofCybercrime (DOJ-OOC) as the Central Authority under Republic !\'.ct No. 10175
o"r the Cybercrime Prevention Act of 2012. The DOJ-OOC shall enforce the
55 This ensures that the data in the storage medium cannot be altered by anyone as any infinitesimal modification of
... such data will always reflect a different hash value. ,
~0 Assigning a hash value to lock in the contents of all data stored will enable the Court of Appeals to authenticate
the same.
57 The Anti-Terrorism Act of'2020, sec. 20.
58 It may happen that the data retrieved from the internet service providers or telecornmunication·s service providers
within the period of surveillance will be necessary for the ATC to prevent the commission of an impending
terrorism.
preservation or retrieval of the data in line with all relevant international instruments
and/or agreements on the matter.
RULES
ARREST AND DETENTION WITHOUT JUDICIAL

WARRANT OF ARREST
Section I. Who Can Be Arrested and Detained Without Judicial Warrant of

Arrest-Within the context of Rule 113, Section 5 of the Rules of Court, the
following persons can be arrested and detained by any law enforcement agent or
military personnel without judicial warrant of arrest: (a) a person suspected of or
committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, I 0,
' 11, and 1259 of the ATA, and (b) any member ofa group of persons, organization,
or association proscribed under Section 26 60 of the ATA. 61 Every person arrested
shall be informed of his rights under the Constitution and in confonnity with Section
30 62 of the ATA.
Section 2. Anti-Terrorism Co1111cilto Authorize Detention.-No detention

without judicial warrant can be undertaken beyond the period provided in Article
125 of the Revised Penal Code by any law enforcement agent or military personnel
without any authority in writing of the ATC.
The authorization of the A TC to extend the detention beyond the period

provided in Article 125 of the Revised Penal Code shall be based on a finding of
probable cause that the person arrested and detained is suspected of or is committing
any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12
of the ATA. 63
, Section 3. Period of Detention; Extension.-Prior to the lapse of the period

under Article 125 of the Revised Penal Code, the law enforcement officer or military
5'1 See notes 14-22.

0
'' See nole 30.
(,I The Anti-Tenorism Act of 2020, sec. 29.
62
Sec. 30. Rights c?fa Person under Custodial Delention.-The moment a person charged with or suspected of
Cl)mrnitting any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, IO, 11 and 12 of this Act is
apprch~nded or arrested and detained, he/she shall f011hwith be informed, by the an-esting law enforcement agent
or military personnel to who;e custody the person concerned is brought, of his/her right: (a) to be informed of the
nature and cause of his/her mTest, to remain silent and to have competent and independent counsel preferably of
his/her choice. If the person cannot afford the services of counsel of his/her choice, the law enforcement agent or
military personnel 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/her with legal
assistance. These rights cannot be waived except in writing and in the presence of his/her counsel of choice; (b)
informed of the cause or causes of his/her detention in the presence of his legal counsel; (c) allowed to
communicate freely with his/her 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/her family or with his/her nearest
relatives and to be visited by them; and, (e) allowed freely to avail of the service ofa physician or physicians of
choice.
~ (,.> Sr.:enotes 14---22.
personnel may request from the ATC the extension of the period of detention without
judicial warrant for up to fourteen (14) calendar days counted from the moment
he/she has been arrested, detained, and taken into custody. The request for extension
' should be accompanied by a sworn statement stating the details of the person
suspected of committing acts of terrorism, the relevant circumstances as basis for
taking custody of said person, and the factual reasons for the request for extension.
Before the lapse of the initial extension of the period of detention, the ATC,
through the Secretary of the DOJ, may file with the designated Regional Trial Court
(RTC) of the judicial region within or nearest to the place of apprehension or arrest
a verified motion with notice to the detainee and counsel for another extension of
the period of detention which shall not be more than ten (10) calendar days based on
the following grounds: (a) further detention of the person/sis necessary to preserve
evidence gathered against them related to terrorism or to complete their
investigation; (b) fmther detention of the person/s is necessary to prevent the
commission of another act of terrorism; and (c) their investigation is being conducted
properly and without delay. 64 The specific details of these general grounds shall be
established by the ATC, through the Secretary of the DOJ, with substantial evidence
in a summary hearing. If the burden of evidence is not discharged, the designated
, RTC of the judicial region that has acquired jurisdiction over the case shall order the
immediate release of the detainee.
The detainee shall be delivered to the judicial authorities within the authorized
period of detention. Otherwise, the detainee shall be released.
Section 4. Procedure for the Conduct of Arrest and Detention.~Within

twenty-four (24) hours from the arrest of the person/s specified in Section 1 of this
Rule, the law enforcement agent or military personnel making the arrest shall file,
personally or electronically, a verified written report with the designated RTC of the
judicial region within or nearest to the place of apprehension or arrest. The said
report shall contain the following facts: 65
(a) The time, date, and manner of arrest;
(b) The location of the detainee;
(c) The physical and mental condition of the detainee;
(d) The detainee has been informed of the nature and cause of his/her
arrest, in the presence of his/her legal counsel of choice;
(e) The detainee has been informed of his/her right to remain silent
and to have competent and independent counsel preferably of
his/her choice;
"..i The /\uti-Terrorism Act of 2020, sec. 29.

"~- The Anti-Te1Torism Act of 2020, secs. 29 and 30.
( f) If the detainee cannot afford the service of counsel of his/her

choice, the law enforcement agent or military personnel has
immediately contacted the free legal assistance unit of the
Integrated Bar of the Philippines (IBP) or the Public Attorney's
Office (PAO) to provide counsel;
(g) If the detainee is a foreign national, the law enforcement agent or

military personnel immediately infmmed the appropriate foreign
embassy or consulate in the Philippines or the Department of
Foreign Affairs (DFA) regarding the detention and that the
detainee has been given the right to communicate with his/her
embassy or consulate;
(h) If the detainee is a stateless person, the law enforcement agent or

military personnel immediately informed the DFA regarding the
detention;
(i) The detainee has been given the right to an interpreter;
U) If the detainee belongs to a vulnerable group and is unable to

safeguard his or her own interest, the law enforcement agent or
military personnel immediately informed the Department of Social
Welfare and Development (DSWD) for assistance;
(k) The detainee is allowed to communicate freely with his/her legal

counsel and to confer with them at any time without restriction;
(l) The detainee is allowed to communicate freely and privately

without restrictions with the members of his/her family or with
his/her nearest relatives and to be visited by them; and
(m) The detainee is allowed freely to avail of the service of a physician

or physicians of his/her choice.
The head of the detaining facility shall ensure that the detainee is informed of
his/her rights under the AT A and shall ensure access to the detainee by his/her
counsel or agencies and entities authorized by law to exercise visitorial powers over
detention facilities. The law enforcement agent or the military personnel making the
arrest shall also furnish a copy of the written report to the ATC, the Commission on
Human Rights (CHR), the detainee's counsel, and any immediate family member, if
•
known, within twenty-four (24) hours from the arrest of the person/s.
Section 5. Powers of the Designated RTC Judge.~The judge of the

designated RTC shall exercise proactive control and supervision over cases of
detention without judicial warrant of arrest to ensure that the rights of the detainee
Resolution - 29 - J\.M. No. 22-02-19-SC
under Sections 29, 66 30, 67 32, 68 and 33 69 of the ATA are not violated. 7 For this °
purpose, the judge may (a) issue an Order putting the place of detention under his
jurisdiction for its inspection and visitation, requiring a report on every transfer of
location of the detainee for health or security reasons; (b) hear and resolve, in
summary proceedings, all complaints for violation of the rights of the detainee under
the AT A; and ( c) motu proprio take all actions, necessary and proper, to ensure that
(>(>
Sec. 29. Detrmtion wUhout Judicial YVarrant (?lArrest.-The provisions of Article 125 of the Revised Penal
Code 1:' the_cont:·~t)' notwithstanding, any law enforcement agent or militaiy personnel, who, having been duly
authorize~ m wntmg by tl:e ATC has taken custody ofa person suspected of committing any of the acts defined
:.:ndyena:1zed und~r Sections 4, 5, 6, 7, 8, 9, I 0, 11 and 12 of this Act, shall, without incurring any criminal
!iab1l1ty!or delay 111 the delivery of detained persons to the proper judicial authorities, deliver said suspected
pt'rson lo the proper judicial authority within a period orfou11een( 14) calendar days counted from the moment
the said suspected person has been apprehended or arrested, detained, and taken into custody by the law
enforcement agent or military personnel. The period of detention may be extended to a maximum period often
t I0) calendar days if it is established that ( 1) further detention of the person/s is 1necessaryto preserve evidence
related to terrorism or complete the investigation; (2) fu1iher detention of the person/sis necessary to prevent the
commi:,sion of another terrorism; and (3) the investigation is being conducted properly and without delay.
Immediately afl.er taking custody of a person suspected of committing terrorisir1 or any member of a group
ofpi:rsons, organization or association proscribed under Section 26 hereof, the law enforcement agent or military
personnel slrn.llnotify in writing the judge of the court nearest the place of apprehension or arrest of the following
facts: (a) the time, date, and manner of mTest; (b) the location· or locations of the detained suspect/sand (c) the
physical and mental condition of the detained suspect/s. The law enforcement agent or military personnel shall
likewise furnish the ATC and the Commission on Human Rights (CHR) of the wiritten notice given to the judge.
The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights as a
detainee and shall ensure access to the detainee by his/her counsel or agencies and entities authorized by law to
exercise visitorial powers over detention facilities.
The penalty of imprisonment of ten ( 10) years shall be imposed upon the police or law enforcement agent or
military personnel who fails to notify any judge as provided in the preceding paragraph.
See note 62.
Sec 32. qfficiaf Cusrodiaf Logbook and Its Contenrs.-The law enforcement custodial unit in whose care and
control the person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9,
10, 1 I and 11 of this Act has been placed under custodial atTe_St and detention shall keep a securely and orderly
maintained official logbook, which is hereby declared as a p~blic document and opened to and made available
for the inspection and scrutiny of the lawyer of the person under custody or any member of his/her family or
relative by consanguinity or affinity within the fourth civil degree or his/her physician at any time of the day or
night subject to reasonable restrictions by the custodial facility. The logbook shall contain a clear and concise
record or: (a) the name, description, and address of the detained person; (b) the date and exact time of his/her
initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians who
examined him/her physically and medically; (d) the state of his/her health and physical condition at the time of
his/her initial admission for custodial detention; ( e) the date and time of each removal of the detained person from
his/her cell for interrogation or for any purpose; (1) the date and time of his/her return to his/her cell; (g) the name
and address of the physician or physicians who physically and medically examined him/her after each
in1e1Togation;(h) a summary of the physical and medical findings on the detained person after each of such
intcnogation; (i) the names and addresses of his/her family members and nearest relatives, if any and if available;
U) the names and addresses of persons, who visit the detained person; (k) the date and time of each of such visit;
(\) the dme and time of each request of the detained person to communicate and confer with his/her legal counsel
or counsels; (m) the date and time of each visit, and date and time of each departure of his/her 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 anest and detention.
The said law enforcement custodial unit shall, upon demand of the aforementioned lawyer or members of the
family or relatives within the fourth civil degree of consanguinity or affinity of the person under custody or his/her
physician, issue a certified true copy of the entries of the logbook relative to the concerned detained person subject
to reason::i.blerestrictions by the custodial facility. 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 law enforcement custodial unit who (ails to comply•with the preceding paragraphs to keep an official
logbook shall suffer the penalty of imprisonrneht of ten ( 10) years.
Sec. 33. No Tor111reor Coerc:ion in lnvestigatio~1 and !nterrogafion.-The use of torture and other cruel, inhumane
and degrading tTeatment or punishment, as defited in Sections 4 and 5 of Republic Act No. 9745 otherwise known
as the "Anti-Torture Act of 2009," at any time; during the investigation or inteITogation of a detained suspected
terrorist is absolutely prohibited and shall be p~nalized under said law. Any evidence obtained from said detained
person resulting from such treatment shall be, ilnits entirety, inadmissible and cannot be used as evidence in any
I
judicial, quasi-judicial, legislative, or adrninist~ative investigation, inquiry, proceeding, or hearing.
'" Pursui.rntto the principle of"effective judicial 1}rotection."
Resolution - 30 - AM. No. 22-02-19-SC
the objectives of the AT A are achieved considering the duty of the State to protect
national security by preventing acts of terrorism and the rights of a detainee under
the ATA.
Section 6. No Torture or Coercion in Investigation and Jnterrogation.-The

use of torture and other cruel, inhumane, and degrading treatment or punishment, as
defined in Sections 4 and 5 71 of Republic Act No. 9745, otherwise known as the
''Anti-Torture Act of2009," at any time during the investigation or interrogation of
a detained terrorist is prohibited and shall be penalized under said law. Any evidence
obtained from such treatment shall be inadmissible in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding, or hearing. 72
The judge of the designated RTC shall ensure, among others, that the detainee
is not subjected to torture and other cruel, inhumane, and degrading treatment or
punishment. For this purpose, the judge may (a) require the conduct of an
independent medical examination of the detainee; (b) order the transfer of detention
" facilities; and (c) authorize audio and video recordings of the interrogations
conducted under this set of Rules.
Section 7. Proceedings in Violation of the Rights of the Detainee.-

Complaints for violation of the rights of the detainee under Sections 29, 73 31, 74 and
32 75 of the AT A shall be brought before and summarily investigated by the judge of
the designated RTC. If the judge of the designated RTC finds any prima facie
violation of Sections 29, 31, and 32 ofthe ATA by any law enforcement agent or
military personnel, a cease-and-desist order, together with an order to transfer
detention facility when warranted, shall be issued and the matter shall be
immediately referred to the DOJ for criminal prosecution.
Section 8. Official Custodial Logbook and Its Contents.-The law

enforcement custodial unit in whose care and control the person suspected of or is
committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10,
11, and 1276 of this Act has been placed under custodial arrest and detention, shall
, keep a securely and orderly maintained official logbook. The logbook shall be
considered a public document and shall be open to and available for the inspection
and scrutiny of the lawyer of the person under custody or any member of his/her
71
Sec. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.-"Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in
custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the
latter. The assessment of the level of severity shall depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age
and state of health orthe victim.
72
7
·' Si.!e note 66.
7 -1 Sec. 31. ViolaUon (?{the Rights t~{a Detainee.-The penalty of imprisonment of ten ( I 0) years shall be imposed
upon any law enforcement agent or military personnel who has violated the rights of persons under their custody,
as provided for in Sections 29 and 30 of this Act.
Unless the !aw enforcement agent or military personnel "'(ho violated the rights ofa detainee or detainees as
stated above is duly identified, the same penalty shall be imposed on the head of the law enforcement unit or
military unit having custody of the detainee at the time lhe violation was done.
75
See note 68.
7
'' See notes 14-22.
family or relative by consanguinity or affinity within the fourth civil degree or

his/her physician at any time of the day or night subject to reasonable restrictions by
the custodial facility. The logbook shall contain a clear and concise record of the
following: (a) the name, description, and address of the detainee; (b) the date and
• exact time of the admission for custodial arrest or detention of the detainee; (c) the
name and address of the physician or physicians who examined the detainee
physically and medically; (d) the state of health and physical condition of the
detainee at the time of his/her initial admission for custodial detention; ( e) the date
and time of each removal of the detainee from his/her cell for interrogation or for
any purpose; (f) the date and time of the detainee's return to his/her cell; (g) the name
and address of the physician or physicians who physically and medically examined
the detainee after each inteJTogation; (h) a summary of the physical and medical
findings of the detainee after each interrogation; (i) the names and addresses of the
detainee's relatives, if any and if available; (j) the names and addresses of persons
who visit the detainee; (k) the date and time of each of such visit; (I) the date and
time of each request of the detainee to communicate and confer with his/her legal
counsel or counsels; (m) the date and time of each visit and the date and time of the
departure of his/her legal counsel or counsels; and (n) other important events bearing
on all relevant details regarding the treatment of the detainee while under custodial
arrest and detention.
The law enforcement custodial unit shall, upon demand of the lawyer or
members of the family and relatives within the fourth civil degree of consanguinity
or affinity of the detainee or his/her physician, issue a certified true copy of the
entries of the logbook relative to the detainee subject to reasonable restrictions by
the custodial facility. The certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to scrutinize. 77
Section 9. Release of Detainee and Requirement of Verified Return.-Upon

expiration of the original or extended period of detention, the law enforcement agent
or military personnel concerned shall (i) release the detainee and (ii) file, within
twenty-four (24) hours from the date and time of release, a verified 78 report
informing the judge of the designated RTC of the following:
(a) The date and time of the detainee's release;
(b) The location of the detention facilities where the detainee was
brought, transferred, and released from;
(c) The health and physical condition of the released detainee; and
(d) That the detainee
77
w The requirementof verification seeksto discouragethe commission of perjury.
Resolution - 32 - A.M. No. 22-02-l 9-SC
(i) was allowed to choose and communicate freely with

his/her legal counsel of choice and to confer with
them at any time without restriction; 79
(ii) was allowed to communicate freely and privately

without restrictions with the members of his/her
family or with his/her nearest relatives and to be
visited by them; 80
(iii) was allowed freely to avail of the service of a

physician or physicians of his/her choice; 81
(iv) was not denied access to the custodial logbook and its
contents through his/her chosen or PAO/IBP-
designated counsel, relatives by consanguinity or
affinity within the fourth civil degree, and
physician; 82 and
(v) was not denied his/her right of access to counsel or

agencies and entities authorized by law to exercise
visitorial powers over detention facilities. 83
Section JO. Report to the SC Court Administrator.-The judge of the

designated RTC shall submit a special monthly report to the Court Administrator of
the Supreme Court of the proceedings conducted from beginning to the end of all
- cases involving arrests and detentions without judicial warrant, especially on alleged
violations of the rights of the detainee specified in the ATA.
RULE6
RESTRICTION ON RIGHT TO TRA VEL 84
Section ]. Precautionary Hold Departure Order.-A Precautionary Hold

Departure Order is an Order in writing issued by a designated RTC commanding the
Bureau of Immigration to prevent any attempt by a person suspected of or
committing any violation of Sections 4, 5, 6, 7, 8, 9, 10, II, and 1285 ofthe ATA
from leaving the country.
7') The Anti-Terrorism Act of 2020, sec. 30(c).

:-1o The Anti-Terrorism Act of 2020, sec. 30(d).
:-\f The Anti-Terrorism Act of 2020, sec. 30(e).
:-;.; The Anti-Terrorism Act of 2020, sec. 32.
in The Anti-Terrorism Act of2020, secs. 29 and JO(c).
1
:-1- The Anti-Terrorism Act of 2020, sec. 34.
:-:s See notes 14-22.
. "
Section 2. 1'Vhenand Where to File.-Prior to the filing of an information for

any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11, and 1286 of the ATA, an exparte,
verified application for a precautionary hold departure order may be filed by the
investigating prosecutor with any designated RTC within whose territorial
jurisdiction the alleged crime was committed.
Section 3. Finding of Probable Cause.-The applicant shall prove (a)

probable cause to believe that the person concerned is suspected of or is committing
a violation of any of Sections 4, 5, 6, 7, 8, 9, 10, 11, and 1287 ofthe ATA; (b) that
there is high probability that the person concerned will depart from the Philippines
to evade arrest and prosecution; and ( c) that the Order is required in the interest of
national security or public safety.
Section 4. Proceedings in the designated RTC.-In the ex parte proceeding,

the judge of the designated RTC shall proactively examine under oath or affirmation,
in the form of searching questions and answers in writing, the applicant and the
witnesses he/she may produce on facts personally known to them and evaluate all
evidence submitted in suppo11 of their application for a Precautionary Hold
Departure Order. Their sworn statements and the searching questions and answers
shall form part of the records of the case. Classified evidence involving national
security and state secret/s shall be considered in accordance with Rule 7 of this set
of Rules.
Within twenty-four (24) hours from receipt of the application, the judge of the
designated RTC shall grant the application if the standards set in the previous section
are met by the totality of evidence presented by the applicant. Otherwise, the
application shall be denied.
Section 5. Form and Validity ofthe Precautionary Hold Departure Order.-

' The Precautionary Hold Departure Order shall indicate the name of the respondent,
the alleged crime he/she is suspected of committing or has committed under the
AT A, and the time and place of its commission. A copy of the application, personal
details, passport number, and photograph of the respondent, if available, shall be
appended to the Order. The judge of the designated RTC shall furnish the Bureau of
Immigration and the DF A with a duly certified copy of the Precautionary Hold
Departure Order within twenty-four (24) hours from issuance.
Section 6. Remedy of the Respondent-The respondent may file with the

issuing court a verified motion, copy furnished the investigating prosecutor, to lift
the Precautionary Hold Depaiiure Order on good grounds: that based on the
application of the investigating prosecutor and the evidence it submitted and the
contrary evidence that he/she will present, no probable cause exists that he/she can
be suspected of or is committing any violation of Sections 4, 5, 6, 7, 8, 9, I 0, 11, and
1288 of the ATA; that he/she is not a flight risk and that the Order is not required by
national security or public safety. If sufficient in fonn and substance, the judge of
... Hh Id.
:n Id.
:rn Id.
the designated RTC shall order the investigating prosecutor to file its Comment on
" the motion within twenty-four (24) hours from receipt. The motion shall be resolved
in a summary hearing within twenty-four (24) hours from its conclusion.
RULE7
TREATMENT OF CLASSIFIED INFORMATION INVOLVING

NATIONAL SECURITY AND STATE SECRET/S
Section 1. Applicability.-This Rule shall apply whenever classified evidence

involving national security and state secret/shave been relied upon by the ATC, the
AMLC, the DOJ, or any law enforcement agent or military personnel in enforcing
the ATA and other laws related thereto, and have to be evaluated by the appropriate
court to determine, among others, their admissibility, value, and sufficiency to
establish probable cause vis-a-vis the constitutional right of a person or group to
access them for their defense.
Section 2. Procedure in Dealing with Classified Information Involving

National Security and State Secretls.-In dealing with classified evidence
involving national security and state secret/s, the appropriate court shall observe the
fr)!!owing procedure:
(a) Require the ATC, AMLC, DOJ, law enforcement agent, or military
personnel to specify and describe the evidence categorized as
classified and involving national security and state secret/s which
it used to determine probable cause under the AT A;
(b) Require the ATC, AMLC, DOJ, law enforcement agent, or military
personnel to present official copies of the unmodified,
unprocessed, unredacted or unsummarized state, form, or version
of the classified evidence involving national secmity and state
secret/s it used against the person or groups concerned to establish
probable cause under the AT A. Said. evidence shall be shown and
given only to the appropriate court;
(c) Require the A TC, AMLC, DOJ, law enforcement agent or military
personnel to justify how the evidence it so classified would
endanger national security and state secret/s if accessed by the
person or groups concerned and indiscriminately disclosed to the
public;
(d) Study the possibility of presenting such evidence in modified,

processed, redacted, or summarized version which can be accessed
by the person or groups concerned to effectively prepare for their
defense without endangering national security and state secret/s;
(e) In the event such evidence cannot be presented in modified,

processed, redacted, or summarized version without endangering
national security and state secret/s, the court by itself shall
proactively detennine its value and weight in establishing probable
cause; and
(i) In resolving the use of classified information involving national

security and state secret/s, the cou1i shall, consistent with the
Constitution, limit the derogation on the constitutional rights of the
person or groups concerned to what is necessary. The derogation
must be proportionate to the need to protect national security and
state secret/s, and must be in accord with the principle of effective
judicial protection.
_ Section 3. Handling of Classified Evidence Involving National Security and

State Secret/s.-The division or branch clerk of the appropriate court shall have the
duty of securing the integrity of the classified infonnation involving national
security and state secret/s used in their court. They shall seal them in a separate
envelope or container and store them in a secure location inside the premises of their
court. They shall also maintain a separate logbook for such classified evidence
C
where the date and time of every opening and closing shall be recorded.
Section 4. Transmittal to Higher Court in case of Appeal or Certiorari.-In

case of appeal or review on certiorari, the division or branch clerk of the appropriate
court shall transmit the logbook and the sealed envelope or container referred to in
the immediately preceding section to the clerk of court of the higher court concerned
within forty-eight (48) hours from receipt of the order of transmittal.
Section 5. Receipt of Classified Evidence Involving National Security and·

State Secret/s by the Higher Court.-Upon receipt of the sealed envelope or
container referred to in the immediately preceding section, the division or clerk of
court concerned shall record the time and date of receipt and shall store the same in
a secure location. They shall follow the same procedure as to the handling and
maintenance of a separate logbook on such evidence.
Section 6. Unauthorized Disclosure and Handling of Evidence Classified as

' State Secret/s.-Evidence treated as involving national security and state secret/s
shall be deemed as classified information under this Rule and its unauthorized
disclosure shall be subject to contempt under Rule 9, Section 2 of this set of Rules.
R~solution - 36 - A.M. No. 22-02-19-SC
RULES
RELIEFS FOR VULNERABLE PERSONS
Section I. Applicability.-This Rule shall apply whenever the rights and

interests of vulnerable persons are involved pursuant to Section 51 89 of the ATA.
Section 2. Detention Without Judicial Warrant-In cases where the

person/s arrested pursuant to Section 29 of the AT A belong to the most vulnerable
' groups, composed of the elderly, pregnant, persons with disability, women, and
children, the verified written repo1i under Rule 5, Section 4 of this set of Rules shall
contain the following additional infonnation:
(a) The arrestee has been inforn1ed of his or her rights under Section
30 90 of the ATA·
'
(b) The arrestee is detained in a facility that 1s separate and more
appropriate to his/her condition; and
(c) The spouse, parents, or legal guardian of the arrestee has been
informed of his/her detention.
Section 3. Appointment of Guardian Ad Litem.-In cases where the person/s

belonging to vulnerable groups are unable to safeguard their interest, the court shall
appoint a guardian ad !item to protect their legal rights.
RULE9
COMMON PROVISIONS
Section I. Availability of all Existing Rights and Remedies.-This set of

Rules shall not diminish any of the parties' substantive rights provided under all
existing laws and international treaties, conventions, and agreements ratified by the
Philippines. Likewise, the paiiies can avail of their existing remedies, such as the
writ of habeas corpus, writ of amparo, writ of habeas data, and appeals to the
Supreme Comi when appropriate.
All criminal proceedings filed for violation of the AT A shall be governed by

the Rules of Criminal Procedure.
8 '' Republic Act No. 11479 (The Anti-Terrorism Act of 2020), sec. 51.
Sec. 51. Protection of/l.4os! Vulnerah/e Groups.~ There .shall be due regard for the welfare of any suspects
who are elderly, pregnm;t, persons with disability, women and children while they are under investigation,
inteJTogation or detention.
10
' See note 62.
Resolution -37 - A.M. No. 22-02-19-SC
The Rules of Court and other Supreme Court issuances shall apply in a
suppletory manner to this set of Rules on the Anti-Terrorism Act of2020 and Related
Laws whenever practicable.
Section 2. Judicial Sanctions.-A violation of any mandatory or prohibitory

provision in this set of Rules or any duly-issued order of a court shall be a ground
for contempt under Rule 71 of the Rules of Court without prejudice to any separate
criminal, civil, or administrative charge that may be filed against the violator.
RULE 10
EFFECTIVI1Y
Section I. Effectivity.-This set of Rules shall take effect on January 15, 2024,
fifteen (15) calendar days after its publication in the Official Gazette or in at least
two (2) newspapers of national circulation.

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3l\epuldicof tve fluilippines

"A.M. No. 22-02-19-SC

RULES ON THE ANTI-TERRORISM ACT OF 2020

VVHEREAS, Article 11, Section 4 of the 1987 Constitution declares '"[t]he

WHEREAS, Article If, Section 11 of the 1987 Constitution declares that

WHEREAS, Section 2 of [t]he Anti-Terrorism Act of 2020, Republic Act

VVHEREAS, Section 2 of[t]he Anti-Terrorism Act of2020 makes it a policy

WHEREAS, Section 2 of [t]he Terrorism Financing Prevention and

VVHEREAS, there is a need to provide for procedural rules to implement

WHEREAS, through Memorandum Order Nos. 115-2022 dated July 18,

Chairperson: Hon. Reynato S. Puno

Vice Chairperson: Hon. Rosmari D. Carandang

Members: Hon. Germano Francisco D. Legaspi

Hon. Maria Josefina G. San Juan-Torres

Hon. Niven R. Canlapan

Atty. Mel Georgie B. Racela

Dir. Matthew M. David

Dep. Dir. Romeo Raymond C. Santos

Act. Dep. Dir. Rone! U. Buenaventura

Atty. Luis Anthony K. Warren

Hon. Leah C. Tanodra-Armamento

Prof. Anthony Charlemagne C. Yu

Atty. Adrian Ferdinand S. Sugay

Atty. Fritz Bryn Anthony M. Delos Santos

Secretariat: Atty. Camille Sue Mae L. Ting

Stenographers: Maria Lourdes A. Banal

NOW, THEREFORE, the Court En Banc resolves to APPROVE the "Rules

RI'cA1¥l(R. ROSARIO JHOS~l'EZ

ON olFICIAL LEAVE Ut);u~-

Section 2. Scope and Applicability.-This set of Rules shall apply to all

Section 3. Definition of Terms.-For purposes of this set of Rules, the

(a) Application - an initiatory pleading filed by an authorized officer

(c) Assets - refer to both properties and funds, including incorporeal

(d) Classified information - pe1iains to data or information that are

(e) Clear and ConvincingEvidence 2 - refers to the measure or degree

(t) Confidential business correspondence refers to any

(g) Deli.~ting - an administrative or judicial process of removing for

(h) Detention Without Judicial Warrant - the act of law enforcement

(i) Effective Judicial Protection - refers to the right of a person or

U) Hash Value - refers to the mathematical algorithm produced

(k) Prima Facie Evidence - means evidence which, if unexplained or

(I) Probable Cause - means the existence of such facts and

The term service provider includes any service provider offering

(n) Substantial Evidence - means such relevant evidence as a

(o) Surveillance Activity - the act of tracking down, following, or

(p) Vulnerable Persons - refer to the elderly, pregnant, persons with

(q) Write-protection - refers to the method or process of rendering a

.JUDICIAL RELIEF FROM DESIGNATIONS BY THE ANTI-TERRORISM

Section 1. Petition for Certiorari.-An individual, organization, association,

official website of the Anti-Terrorism Council (ATC), 12 whichever is earlier, to

Section 2. Form and Content of the Petition.-The verified petition for

(a) ATC resolution of designation;

(b) AMLC Freeze Order, if any;

(c) Date of publication of designation;

judicial affidavits of his/her/its/their witnesses and all other exculpatory evidence in

, ln case the ATC Resolution of Designation or AMLC Freeze Order is based

Section 3. Action on the Petition.-Immediately upon receipt of the petition,

The Comment shall show that there is no grave abuse of discretion in

Section 4. Preliminary Conference.-Within three (3) calendar days from