15 Filipino Traits that Make the Philippines Fun to Visit, click here to view image

The Philippines is a site of natural wonders and eye-catching scenery. The archipelago is not without verdant hills and mountains, lush forestry, exotic animals, and rolling waves. More importantly, the Filipinos make the Philippines fun to visit, thanks to their unique traits and laudable talents and crafts.

What tourist could even forget the jeepney, the only vehicle of its kind in the world? Or the Filipinos’ habit of kissing the hands of their elders and adding the words “po” and “opo” to their sentences, a language feature that is not evident in other cultures? Truly, the Philippines is also a melting pot of various traditions cultivated within centuries of colonial rule and shaped by indigenous practices handed down from generation to generation.

For tourists, it is a marvel to see the unique traits of Filipinos. These characteristics give them their own identity and eventually attract tourists to visit the country more often. These unique traits are the following:

1. Hospitality

Filipinos are known for being hospitable, especially to tourists and wanderers who do not have a place to stay. In some tourist spots such as Baguio City, locals even offer the comforts of their own homes for tourists who need a place to stay for a night or two.

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2. Optimism

Despite being a path for typhoons, Filipinos remain positive about their situation. Whatever problems come their way, they always greet visitors with a smile on their faces and say “It’s okay”.

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3. Resourcefulness

Filipinos are talented and highly creative. They can fashion instruments out of kitchen utensils, and could solve problems at a snap of a finger, thanks to their resourcefulness.

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4. Respect for elders

They have a habit of kissing the hands of elders, an act that means they are asking for their elder’s blessing. (They call it – “Mano”)

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5. Strong family ties

Only in the Philippines will you see families that bond together like no other. In a typical household, you’ll see extended families like the grandparents and the couple’s siblings, all co-existing harmoniously with the nuclear family.

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6. Collective pride

Filipinos are mighty proud of their cultural heritage and are doubly proud when they hear of Filipinos making it big in other countries. For them, there is no “half-Filipino”. A person born with Filipino blood, no matter how small the percentage is, is regarded with respect and pride.

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7. Strong work ethic

Filipinos are also committed individuals, especially in the workforce. Tourists admire Filipino valets and bellboys who always extend a helping hand to them, despite calling on their service in the wee hours. There is no snobbish attitude among the Filipinos.

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8. Industriousness

Once berated by national hero Jose Rizal for following after the colonizers’ siesta rule and indolence, the typical Filipino is hard working and has no qualms about working beyond their schedule.

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9. Helpfulness

Filipinos are generally liked by tourists because they do not choose whom to help. When someone needs assistance, they readily come to their aid.

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10. Gratefulness

Filipinos are known for saying “thank you” whenever they are helped in return. Locals also give presents to tourists to thank them for taking time to visit their region.

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11. Honesty

Have you heard of the Honesty store in Batanes, where no one guards the store, thus letting residents and tourists purchase goods and pay whatever amount they want? How about the cab drivers who return wallets and other belongings to their passengers? These show how honest Filipinos can be, and this is also the reason why tourists trust them completely.

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12. Courtesy

Aside from saying “po” and “opo”, Filipinos are known worldwide to be very polite. They make sure that they give their visitors a warm welcome.

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13. Bravery

The Filipino spirit is marked with courage, especially in times of distress and other problems.

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14. Unity

Also referred to as the “Bayanihan”, Filipinos help one another when their fellowmen need them.

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15. Faith

The Philippines is predominantly a Catholic country, and wherever the Filipinos go, they always make it a point to honor God Almighty. Tourists can attest to the many churches, old and new, erected in the country.

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14 Bad Habits that Filipinos should Break to Achieve Progress

June 27, 2014 By Joan Cyril Abello

https://faq.ph/14-bad-habits-that-filipinos-should-break-to-achieve-progress/

Habits are hard to break, and many people who have them are not even aware they possess them. We encounter them everywhere. We read them on the social media, in the comments left by Filipinos on a timely and popular post on Facebook, on a blog, or on a news website.

Oftentimes they are irritating, especially if you are a positive minded person because these habits are oozing with negativity. However, we must admit, we could also be guilty to having any of them. Of course Filipinos have good habits too. We are known to be hospitable, resilient, creative and many more.

But the situation of our country reflects the majority of our citizens. Face it, the Philippines is still a developing country, which means a less developed country compared to our neighbors Singapore, Taiwan, Japan, South Korea and Brunei. As a developing country, we still have many citizens who are suffering from poverty, starvation, homelessness, and lack of education.

You may agree or disagree with me, but I believe that the bad habits are overcoming the good habits among Filipinos. And in order to make our country, all its regions and provinces, and every Filipinos wherever they are in the world truly rise and experience, not only national development, but also human development, we have to break our own bad habits.

If the following habits or attitudes will be removed from most of us, I believe that real progress will inevitably follow the Philippines:

1. Crab mentality

There are some of us Filipinos who got a bitter view at competition—that if we cannot win, then no one will. Instead of helping each other to be successful, we even make ways to pull them down like discourage them from taking great opportunities, or destroying their image. This is because we want to be the only one at the top. If only we would see the achievements of our neighbors or colleagues as an inspiration to reach our own goals instead of considering them as threats. We should realize that the success of each Filipino will contribute to the improvement of the country, and this can help all of us to be successful as well.

2. Procrastination or “Mañana Habit “

This is another habit which keeps the development of our country slow. Look at the government projects which have been left undone for years. If only they were completed immediately, then many Filipinos would have already benefited from them. This is also true with many of us. Instead of working on a task while there is much time, we wait for the deadline because we feel lazy to start on them, or we want to use the time in other things. Of course, the outcome of our completed work would not be of high quality because they were rushed.

3.”Bahala na” or “come what may” habit

This is another habit that destroys the image of Filipinos. Instead of doing something to make things happen, we tend to just leave the outcome to whatever that could happen—come what may—we say. For instance, instead of studying for exams, some students may spend more time in computer games and gimmicks, while leaving their chance of passing the midterms to luck. We could attribute this habit to faith, reasoning out that God will help us become successful. However, as the Christian saying goes, “faith without work is dead”. If we have some goals, then we need to work in order to achieve them.

4. Hypocrisy (being a double-faced person)

As a country which claims to value morality, most of us try to live up to the standards set by the traditional society. However, as no one is perfect, many of us are not actually able to sustain these standards. The fear of being an outcast has forced a lot of people to live a double standard life. To hide our failure in following a norm, we tend to be condemning to those who are caught red handed. A perfect example could be the criticisms faced by those who become pregnant outside marriage. The sad fact behind this scenario is that some of these critics could have actually engaged in premarital sex too—only that no proof is visible.

5. Ningas cogon

In Spanish, “ningas cogon” means a burning cogon grass. This flaming grass quickly burns out—and this best describes one of the worst Filipino traits. Most of us are very good at this. We are excellent at starting projects or idea execution. Nevertheless, after a few hours or days, we lose the excitement, and we become too lazy to finish what we have started.

6. Filipino time (tardiness)

Instead of being something to be proud of, ‘Filipino time’ brings a negative impression to our people. The Filipino time is usually associated with tardiness. When the invitation says the program will start at 7pm, it is expected to begin at 9pm. When the date is set at 3pm, the partner will arrive at 5 o’ clock. This has not only caused conflicts in relationships, it also discourages others including foreigners from getting involved in supposedly productive activities as too much time can be wasted on waiting.

7. Gossiping

Filipinos are fond of talking about others’ business. It is not true that only women are into gossiping. Even men can also be nosy on other people’s lives. Sadly, this does not bring any good to the subjects. Secrets are brought out; failures and flaws are emphasized; and relationships are destroyed. Worse, as gossips are passed around, they tend to be twisted until the final story becomes too far from the original—thus, causing more damage.

8. Blaming others (irresponsibility)

We, Filipinos, can sometimes be too self-righteous. When mistakes happen, we do not want to take the blame, so instead we point at others. This shows how we can be irresponsible for our actions. This attitude destroys team work, and reliability becomes an issue. This habit is also popular among our public officials. I know you know what happened during the Yolanda crisis. The rescue and rehabilitation operations in the Yolanda affected areas became slow, courtesy of the blaming habits of our politicians in position.

9. Inconsideration (being thoughtless of others)

This habit could be a result of having too many things on mind—have to find money for kids’ tuition, need to look for a better job, stress over a drunkard or unfaithful spouse, and other problems. We become insensitive to the needs of other people because we need to focus on ourselves first. However, this country could be an easier place to live in if we were thoughtful enough to show kindness to one another. These problems will be easier to deal with if we will help each other get over them.

10. Ignoring or not following simple rules and instructions

Laws and regulations are created to make communities harmonious. However, how can we achieve that peaceful neighborhood if we cannot even follow the simplest rules like crossing on the pedestrian lane and not loitering around? It is not enough that we demand change in our government. We should also strive to start change in ourselves by being disciplined citizens even in the smallest ways.

11. Attention grabbing (being an ‘epal’)

It is natural for Filipinos to attract attention by standing out as we are a fun and people loving race. Nevertheless, it is a different thing to be an “epal” or “kapalmuks”—simply, being an attention grabber. Sometimes, in our desperate need to be the center of attention, we do things that are already embarrassing like butting in conversations as a know-it-all or by being scandalous. This habit is also common to our politicians. Instead of prioritizing their duty to give the best service to the people, they rather prioritize their thick faces to grab attention that will bring them more chance of winning in the next election. But thanks to our vigilant netizens, this kind of politicians earn more shame than fame.

12. Being onion-skinned or too sensitive

Another habit or attitude that we need to change is our being too prideful which usually results to being oversensitive. If we think highly of ourselves, then we have the tendency to put a wall around us and that signboard on our forehead saying, “I must be respected.” Therefore, when someone makes a joke or a not so positive comment about us, we feel like we are not respected and we get offended. If all people in the country do not know how to accept constructive criticism, then we can never expect unity.

13. Living beyond their means (social climbing)

One of the reasons why a lot of Filipinos live in poverty is because of overspending. Since most people want to live an elite lifestyle, many resort to social climbing or living beyond their means. Sometimes, some of us think that as long as we wear designer clothes and shoes, and we send our children to the most expensive schools, it is alright to be swimming in credits and loans.

14. Passivity (lack of leadership)

Filipinos’ lack of initiative for change is also one reason why our country does not progress. We keep on complaining against the government and other societal issues. However, we do not do anything about them. One of our excuses is the lack of faith that our small actions can bring change. However, the worse reason for this could be our lack of care for what is happening around us. Common Filipinos also lack courage and confidence. If you can notice it, in classrooms, churches, or conference rooms, most of us don’t like to sit in the front seat.

These 14 bad habits are among the hindrances to the progress of our country. The Philippines is rich both in human and natural resources. Also, Filipinos are intelligent and we have the capability to compete globally. Therefore, if these weights will be removed, then we can advance higher and faster. Everything will only be possible if each of us will start the change.

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Implementing Rules and Regulations of Republic Act No. 8491

January 30, 2002

REPUBLIC OF THE PHILIPPINES

NATIONAL HISTORICAL INSTITUTE

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8491, S. 1998—”THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES “

RULE 1

GENERAL PROVISIONS

SECTION 1. Title. — These rules shall be known, cited and referred to as the “RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8491, series of 1998, THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES”, hereinafter called the “Rules”.

SEC. 2. Declaration of Policy and Objectives. — It is the policy of the state to herein prescribe the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines, ensure the promotion and implementation of its corresponding rules and regulations, and adopt effective administrative, regulatory, coordinative and supervisory programs and activities, where appropriate, in conformity with national government policies. Further, reverence and respect shall at all times be accorded to the flag, anthem, and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity.

SEC. 3. Scope of Application. — These Rules shall apply to individuals, public and private entities, military and police agencies, and other branches and/or instrumentalities of the national and local government including government-owned and/or controlled corporations, and shall also be observed in and within the entire territory of the Philippines as such is defined in the Constitution and laws of the Republic of the Philippines.

SEC. 4. Interpretation. — In the interpretation of the provisions of Republic Act No. 8491, Series of 1998, The Flag and Heraldic Code of the Philippines, hereinafter called R.A. No. 8491, and of these Rules, that interpretation which will promote or sustain reverence and respect for the flag, the anthem, and other national symbols, all of which embody national ideals and traditions, shall be given paramount consideration.

RULE 2

THE IMPLEMENTING AGENCY

SEC. 5. The Implementing Agency. — the National Historical Institute, hereinafter referred to as the Institute, shall be the agency tasked to implement these Rules.

SEC. 6. Scope of Powers and Functions. — The Institute shall perform planning, monitoring, coordinating, implementing, and policy-formulating functions, wherever and whenever appropriate, and, in the process, exercise administrative, regulatory, and supervisory authority over the implementation of the provisions of R.A. No. 8491 within the Philippine territorial limits, and in conformity with national government policies. Such powers and functions shall include the following:

a. Formulate, coordinate and regulate the implementation of the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines, consistent with the purposes and objectives of R.A. No. 8491;

b. Plan, prepare and coordinate effective educational and information dissemination strategies which shall increase the level of national awareness of these Rules and other implementing details that may subsequently be formulated;

c. Coordinate and monitor the implementation of these Rules and ensure the compliance of all the provisions stipulated under R.A. No. 8491; and deputize, assign and/or designate government agencies, non-government organizations, major branches and units of the Armed Forces of the Philippines and the Philippine National Police, and other groups or individuals for the purpose of implementing, monitoring and coordinating tasks;

d. Set policies and procedures concerning the concept and design/visual interpretation of the national motto, coat-of-arms, seals of various local government units (town/city/province), and other government instrumentalities, medallions, awards and other forms and devices of national recognition, and strict enforcement thereof;

e. Formulate and devise appropriate legal procedures, assistance and coordinating systems for cases arising from the violations of R.A. No. 8491, including appropriate integration of this law into the Shariya Courts; and

f. Perform other related functions required to achieve the objectives of R.A. No. 8491 and these Rules.

SEC. 7. Definition of Terms. — Whenever used in these Rules, the term:

a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;

b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;

c. “National Flag” shall mean the National Flag and Ensign of the Philippines, unless stated otherwise, used on land and sea by public, private and the military and shall refer to the flag or any other design that so resembles it as likely to cause any person to believe that it is the flag or design stated, expressed or provided in the Constitution of the Philippines, R.A. No. 8491 and these Rules;

d. “Fly” shall mean the part of the flag outside the hoist or length;

e. “Hoist” shall mean the sleeve or heading; part of the flag nearest the staff or the canvass to which the halyard is attached;

f. “Symbol”shall mean any conventional sign which reveals man’s achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);

g. “Half-mast”shall mean lowering the flag to one-half the distance between the top and bottom of the pole;

h. “Halyard” shall mean the long rope where the flag fastens and which runs up the length of the flag pole;

i. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;

j. “National Anthem” shall mean the “Lupang Hinirang”, the Philippine National Anthem;

k. “Official Residences” shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad;

l. “Places of Frivolity” shall mean places of hilarity marked by or providing boisterous merriment or recreation;

m. “Advertisement or Infomercial” shall mean advertisement or any information material in print, radio, television, cinema, video and the like, outdoor and electronic media, seeking to promote individuals, entities, products or services for commercial, political purposes or information campaigns;

n. “Heraldic Items and Devices” shall mean coat-of-arms, seals, logos, insignia, badges,flashes, patches, orders and decorations, medals, stars, citations, lapel pins, trophies, dry, wax or wet seals, and imprints on letterheads, envelopes and cards;

o. “Government Entities” shall mean all branches of the government, its bureaus and attached agencies, constitutional offices, local government offices, government-owned and/or controlled corporations, government financial institutions, state universities and colleges,Armed Forces of the Philippines including its basic component units; and

p. “Vexillary Items” shall mean national, local, house flags, or administrative,institution, corporate, unit and other organization’s banners.

RULE 3

CHAPTER I

The National Flag

A. Design of the National Flag

SEC. 8. The National Flag shall be blue, white and red with an eight rayed golden yellow sun and three stars that are five-pointed, as consecrated and honored by the people.

B. Hoisting and Display of the National

Flag

SEC. 9. The National Flag shall be displayed in all public buildings, official residences, public plazas, and institutions of learning everyday throughout the year.

SEC. 10. The National Flag shall be permanently hoisted, day and night, throughout the year, in front of the following: at Malacañang Palace; Congress of the Philippines building;Supreme Court building; Rizal Monument in Luneta, Manila; Bonifacio Monument in Kalookan City; Emilio Aguinaldo Shrine in Kawit, Cavite; Barasoain Church Historical

Landmark in Malolos, Bulacan; Marcela Agoncillo Historical Landmark in Taal, Batangas; Tomb of the Unknown Soldier, Libingan ng mga Bayani, Makati City, Mausoleo de losVeteranos de la Revolucion, North Cemetery, Manila; all International Ports of Entry and all other places as may be designated by the Institute.

The National Flag of these sites shall be properly illuminated at night.

SEC. 11. The National Flag shall also be displayed in private buildings and residences or raised in the open flag-staffs in front of said buildings every April 9 (Araw ng Kagitingan); May 1 (Labor Day); (National Flag Days) from May 28 to June 12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December 30(Rizal Day); and on such other days as may be declared or approved by the President and/or local chief executives.

The National Flag may also be raised and displayed at sunrise and lowered at sunset and throughout the year in the open flagstaff in front of private buildings: Provided, that proper flag ceremonies be observed in accordance with these Rules.

SEC. 12. All Government Entities should observe flag days with appropriate ceremonies. Socio-civic groups, non-government organizations and the private sector are enjoined to observe and cooperate in making the celebration a success.

SEC. 13. The National Flag shall be flown on all naval vessels and on merchant ships of Philippine registry, of more than one thousand (1,000) gross tons.

Military, civil or state vessels should fly the National Flag. Pleasure, merchant, fishing boats or yachts are also encouraged to fly the National Flag.

On board vessels of Philippine registry, the National Flag shall be displayed on the flagstaff at the stern when the vessel is at anchor. The National Flag shall be hoisted to the gaff at the aftermast when the vessel is at sea.

SEC. 14. On all aircraft of Philippine registry, the National Flag shall be prominently displayed horizontally on its fuselage at the head portion with the hoist side pointing the forward direction.

SEC. 15. ‘The National Flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red field on top in time of war; if in a hanging position, the blue field shall be to the left (observer’s point of view) in time of peace, and the red field to the left(observer’s point of view) in time of war.

The National Flag could be knotted to signal that assistance is badly needed.

SEC. 16. If planted on the ground, the flagpole shall be at a prominent place and shall be of such height as would give the National Flag commanding position in relation to the buildings in the vicinity. The flagpole must not be of equal height or higher than the Independence Flagpole at the Rizal Park, Manila.

The flagpole that is planted on the ground must be straight and slightly tapering at the top.The minimum length of the National Flag is one fourth (¼) the height of the flagpole, while maximum length of the National Flag is one-third (1/3) the height of the flagpole.

SEC. 17. When the National Flag is flown with flag or flags of other countries, the flags must be of equal size and on separate staffs of the same height. The National Flag shall be hoisted first and lowered last.

When displayed in a semi-circle of flags with other countries or house flags, the National Flag should be at the center.

When displayed in a circle of flags with other countries or house flags, the National Flag should be flown on the flagpole facing the main read (point of reference- KM 0 Rizal Park,Manila); or in front of a monument; or the main entrance of the building. The flags of other countries or house flags should be arranged counter clockwise in alphabetical order, by precedence or by protocol.

SEC. 18. When displayed in a row or in a parade with flags of other countries, the National Flag shall be on the left (observer’s point of view) of the other flags. The flags of other countries should be arranged in alphabetical order from left to right.

When displayed in a row of house flags, the National Flag shall be in front of the center of the line or on the left (observer’s point of view) of the row. The house flags should be arranged in alphabetical order, by precedence or by protocol order from left to right (the observer’s point of view).

When in a parade with house flags, the National Flag shall be in front of the center of the first line. The house flags should be arranged in alphabetical order, by precedence or by protocol order from left to right (the observer’s point of view).

During special occasions, if there is only one flagpole, the house flag may be flown at the same halyard with the National Flag but below the latter and it cannot be bigger than the National Flag.

SEC. 19. A worn-out National Flag should not be thrown away. It should be solemnly burned to avoid misuse or desecration. The National Flag shall be replaced immediately when it begins to show signs of wear and tear.

SEC. 20. The National Flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of official school and office hours and shall remain flying throughout the day.

The National Flag shall not be raised when the weather is inclement. If already raised, the National Flag shall not be lowered for the whole day.

SEC. 21. The National Flag may be displayed:

a. Inside and/or outside a building, on stationary or movable flagpole. If the National Flag is displayed indoors on a flagpole, it shall be placed at the left of the observer as one enters the room;

b. From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the surrounding buildings;

c. From a staff projecting upward from the window sill, roof, canopy, balcony or facade of a building;

d. In a suspended position from a rope extending from a building to a pole erected away from the building;

e. Flat against the wall vertically with the sun and stars on top;

f. Hanging vertically in the middle of the two-way traffic road, the blue field should be pointing east, if the road is heading south or north and if the road is heading east or west the blue field should be pointing north; and

g. Hanging vertically at the sides or middle of the one-way traffic road, the blue field should be at the left of the observer.

SEC. 22. The National Flag shall be hoisted to the top briskly and lowered ceremoniously.

The National Flag must be properly folded before hanging for the start of the ceremony. It shall not be left hanging at the base of the flagpole while waiting for the flag ceremony.

The National Flag shall never touch anything beneath it, such as the base of the pole, ground or other object.

After being lowered, the National Flag shall be handled and folded solemnly as part of the ceremony.

C. Conduct of Flag Raising and

Lowering Ceremonies

SEC. 23. All government offices, including national or local government units and institutions, shall henceforth observe the flag raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon.

These include private establishments who fly the National Flag on the flagpole in their compound.

Primary and secondary schools and other institutions of learning shall observe the flag ceremony as ordered by the Department of Education, Culture and Sports and/or the Commission on Higher Education.

SEC. 24. The observance of the flag ceremony shall be simple and dignified.

SEC. 25. During the flag raising ceremony, the assembly shall stand in formation facing the National Flag. At the moment the first note of the National Anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall place their palms over their chest, those with hats shall uncover, while those in military,scouting, security guard, and citizens military training uniforms shall give the salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem

The same procedure shall be observed when the National Flag is passing in review or in parade.

SEC. 26. During the flag lowering, the National Flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the National Anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag raising ceremony.

D. Half-Mast

SECTION 27. The National Flag shall be flown at half-mast as a sign of mourning on all the buildings and places where it is displayed, as provided, on the day of the official announcement of the death of any of the following officials:

a. The President or a former President, for ten (10) days;

b. The Vice-President, the Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives, for seven (7) days;

c. Cabinet Secretaries, Associate Justices of the Supreme Court, Members of the Senate and House of Representatives, the Chief of Staff of the Armed Forces of the Philippines and the Director-General of the Philippine National Police, for five (5) days;

d. Heads of National Government Agencies, including Government Owned and Control Corporations and Government Financial Institutions, for three (3) days;

e. The Commanding Generals of the Philippine Air Force and the Philippine Army and the Flag Officer in Command of the Philippine Navy, for three (3) days;

f. Governors, Vice-Governors, city and municipal Mayors, city and municipal Vice-Mayors, for three (3) days;

g. Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan, on the day of interment;

h. Barangay Chairmen and the Barangay Councilmen on the day of interment;

i. Former National or Local Government Officials, appointive or elective, other than those specified above, on the day of interment, within their former respective territorial jurisdictions and by resolution of their respective Sanggunians;

j. Regional Directors, Superintendents, Supervisors, Principals, Teachers and other school officials, on the day of interment and by order of the proper school authorities concerned;

k. Recipients of national orders and decorations, on the day of interment and by order of the President or the Congress; and

l. Other persons to be determined by the Institute, for a period of less than seven (7) days.

In cases “c” to “e” the National Flag shall be flown at half-mast in front of the building where the deceased official is holding office and in cases “f” to “h” through Sanggunian Resolution or by order of the Local Chief Executive.

The National Flag, when flown at half-mast, shall be first hoisted to the peak for a moment then lowered to the half-mast position. The National Flag shall again be raised to the peak before it is lowered for the day.

The National Flag shall also be flown at half-mast during calamities/tragedies of national or international significance as ordered by the Office of the President.

The National Flag shall be permanently hoisted at half-mast day and night throughout the year at the Tomb of the Unknown Soldier, Libingan ng mga Bayani, Fort Bonifacio, MakatiCity; Mausoleo de los Veteranos de la Revolucion, North Cemetery, Manila; and in all memorial cemeteries dedicated to war veterans. The National Flag of these declared sites shall be properly illuminated at night.

E. Casket

SEC. 28. The National Flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, National Artists, and of civilians who have rendered distinguished service to the nation, as may be determined by the local government unit concerned. In such cases, the National Flag shall be placed such that the white triangle shall be at the head and the blue portion shall cover the right side of the casket. The National Flag shall not be lowered to the grave or allowed to touch the ground, but shall be folded solemnly and handed over to the heirs of the deceased or next of kin.

No object must be put on top of the National Flag, except for religious objects that symbolize”God above Country”.

F. Pledge to the National Flag

SEC. 29. The following shall be the Pledge of Allegiance to the National Flag:

Ako ay Pilipino

Buong katapatang nanunumpa

Sa watawat ng Pilipinas

At sa bansang kanyang sinasagisag

Na may dangal, Katarungan at Kalayaan

Na pinakikilos ng sambayanan

Maka-Diyos

Maka-tao

Makakalikasan at

Makabansa.

Such pledge shall be recited right after the singing of the National Anthem, the throng standing with the right palm open, raised shoulder high. Individuals whose faith or religious beliefs prohibit them from making such pledge must nonetheless show full respect by standing at attention.

G. National Flag Days

SEC. 30. The period from May 28 to June 12 of each year is declared as National Flag Days, during which period all offices, agencies and instrumentalities of the government, business establishments, institutions of learning, private buildings and homes are enjoined to display the National Flag.

SEC. 31. The government offices and local government units concerned shall display the National Flag on main thoroughfares, parks, plazas, and other public places.

H. Specifications of the National Flag

SEC. 32. The National Flag shall have the following proportions: The width of the National Flag, 1, and the length, 2. All the sides of the white triangle, 1.

SEC. 33. The technical specifications shall be as follows:

The blue color shall bear Cable No. 80173; the white color, Cable No. 80001; the red color,Cable No. 80108; and the golden-yellow, Cable No. 80068.

The assigned cable numbers are listed in the Tenth Edition of the Standard Color Reference of America, created and issued by the Color Association of the United States, No. 343Lexington Avenue, New York, New York, 10016, Series, 1981.

SEC. 34. In order to establish uniform criteria in the making of our National Flag and to guarantee its durability by the use of quality materials, the following standards and procedures shall be observed:

a. All requisitions for the purchase of the National Flag must be based on strict compliance with the design, color, craftsmanship and material requirements of the Government;

b. The manufacturer shall send annually one meter for each color (blue, red, white and golden-yellow including canvas) of textile material to the Industrial Technology Development Institute (ITDI) or the Philippine Textile Research Institute (PTRI) of the Department of Science and Technology (DOST) for evaluation. The PTRI/ITDI shall evaluate the quality and serviceability of the said textile material;

c. Flag manufacturers shall apply for annual accreditation at the Institute. Together with their application, they will submit the PTRI/ITDI laboratory test results, copy of business license, permit, company profile and other pertinent documents; and

d. All submitted sample/s of the National Flag by accredited suppliers offered for purchase for government use shall be evaluated as to design, color, materials and craftsmanship specifications by the Institute, through its Heraldry and Display Section, which shall stamp its approval or disapproval on the canvas reinforcement of the National Flag sample submitted. The National Flag sample/s shall be sent to the Institute by the requisitioning office and not by the flag supplier.

SEC. 35. All deliveries of the National Flags requisitioned by government entities shall be inspected by the requisitioning office’s internal inspector and by the Commission on Audit (COA) using the National Flag stamped “APPROVED” by the Institute as reference

The internal inspector of the requisitioning office and the COA, in case of confusion, may send another sample of the National Flag picked at random from the delivered flags for re-evaluation by the Institute.

SEC. 36. For effective information dissemination, all accredited manufacturers are required to inform all flag consumers of the provisions of these Rules.

SEC. 37. All government entities shall ensure that the requirements under the R.A. No.8491 and these Rules, with respect to the standard requisitions and deliveries of the National Flags are strictly complied with.

SEC. 38. All departments, agencies, offices, and instrumentalities of the government,government-owned or controlled corporations, local government units, including barangays, shall include in their annual budgets the necessary outlay for the purchase of the National Flag.

I. Prohibited Acts

SEC. 39: It shall be prohibited:

a. To mutilate, deface, defile, trample on, cast contempt, or commit any act or omission casting dishonor or ridicule upon the National Flag or over its surface;

b. To dip the National Flag to any person or object by way of compliment or salute;

c. To use National Flag

1. As drapery, festoon, tablecloth;

2. As covering for ceilings, walls, statues or other objects;

3. As a pennant in the hood, side, back and top of motor vehicles;

4. As a staff or whip;

5. For unveiling monuments or statues; and

6. As trademarks, or for industrial, commercial or agricultural labels or designs.

d. To display the National Flag:

1. Under any painting or picture;

2. Horizontally. It shall always be hoisted aloft and be allowed to fall freely;

3. Below any platform; or

4. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places ofvice or where frivolity prevails.

e. To wear the National Flag in whole or in part as a costume or uniform;

f. To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the National Flag;

g To print, paint or attach representation of the National Flag on handkerchiefs,napkins, cushions, and articles of merchandise;

h. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations;

i. To use or display or be part of any advertisement or infomercial; and

j. To display the National Flag in front of buildings or offices occupied by aliens.

RULE 4

CHAPTER II

THE NATIONAL ANTHEM

SEC. 40. The National Anthem is entitled Lupang Hinirang.

SEC. 41. The National Anthem shall always be sung in the national language within oroutside the country. The following shall be the lyrics of the National Anthem:

Bayang Magiliw

Perlas ng Silanganan,

Alab ng puso

Sa Dibdib mo’y buhay.

Lupang Hinirang

Duyan ka ng magiting,

Sa manlulupig.

Di ka pasisiil.

Sa dagat at bundok,

Sa simoy at sa langit mong bughaw,

May dilag ang tula

At awit sa paglayang minamahal.

Ang kislap ng watawat mo’y

Tagumpay na nagniningning

Ang bituin at araw niya,

Kailan pa may di magdidilim.

Lupa ng araw, ng luwalhati’t pagsinta,

Buhay ay langit sa piling mo,

Aming ligaya na pag may mang-aapi,

Ang mamatay ng dahil sa iyo.

SEC. 42. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe and in accordance with its original Filipino lyrics and march tempo that was adopted under Department Order No. 5 dated May 26, 1956 covered by Circular No. 21 dated June 22, 1956 and Executive Order No. 60 dated December 19, 1963.

B. Conduct in Relation to the National

Anthem

SEC. 43. When the National. Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.

As a sign of respect, all persons shall stand at attention and face the National Flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note,all persons shall execute a salute by placing their right palms over their chests. Those in military, scouting, citizen’s military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the National Anthem.

When the National Anthem is to be played or sung with the Anthem of any other country, the National Anthem shall be sung first.

The National Anthem shall not be played or sung for mere recreation, amusement or entertainment purposes except on the following occasions:

a. International competitions where the Philippines is the host or has a representative;

b. National or local competitions;

c. During the “signing of” and “signing on” of radio broadcasting and television stations;

d. Before the initial and last screening of films or before the opening of theater performances;

e. Civic activities, cultural shows or presentations; and

f. Other occasions as may be allowed by the Institute.

SEC. 44. All officials and employees of the national and local governments, and any agencies or instrumentalities thereof, including government-owned or controlled corporations, institutions of learning, and privately-owned entities or offices displaying the National Flag are hereby directed to comply strictly with the rules prescribed for the rendition of the National Anthem.

RULE 5

CHAPTER III

THE NATIONAL MOTTO

SEC. 45. The National Motto shall be “MAKA-DIYOS, MAKA-TAO,MAKAKALIKASAN AT MAKABANSA.”

RULE 6

CHAPTER IV

NATIONAL COAT-OF-ARMS

SEC. 46. The National Coat-of-Arms shall have:

Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be the scroll with the words “REPUBLIKA NG PILIPINAS,” inscribed thereon.

RULE 7

CHAPTER V

THE GREAT SEAL

SEC. 47. The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription “Republika ng Pilipinas” thereon.Surrounding the whole shall be a double marginal circle within which shall appear the words”Republika ng Pilipinas.”

The Great Seal shall bear the National Motto.

SEC. 48. The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or as may be required by custom and usage. The President shall have custody of the Great Seal.

RULE 8

CHAPTER VI

OFFICIAL SEALS AND OTHER HERALDIC ITEMS

AND DEVICES

SEC. 49. Any branch of the government, whether national or local, government-owned or controlled corporations, state colleges and universities, including the military, may adopt appropriate coat-of-arms, seal, logo, insignia, badge, patches, banners and initiate awards,trophies, citations, orders or decorations, as may be authorized by the Office of the President or by Congress.

SEC. 50. These heraldic devices and items shall be filed with the Institute for recording and evaluation as to precedence, design, customs and traditions.

The application for approval of design and specification of the proposed heraldic items and devices shall be supported with the following documents:

a. Orders, or any forms of grants, laws of authority or creations;

b. Brief historical background, symbolism, and significance of every design component;and c. Photographs of existing structures, objects, spots, etc. to be incorporated in the design.

The Institute shall recommend such heraldic design together with the needed documents tot he Office of the President or Congress for final approval.

The approved design shall be returned to the Institute for proper recording in the National Registry of Heraldic Items and Devices and for transmittal to the requesting government entity.

SEC. 51. To conform to the basic heraldic traditions, the following shall be observed in the design, creation, modification, revision and approval of heraldic items and devices:

a. It may feature either abstract or natural emblems/visuals, representing significant aspects, or events representative or related to its history, mandates, duties, functions and visions;

b. Components of heraldic designs must feature indigenous Filipino culture, values,history, traditions and sense of nationalism;

c. Every component must be recognizable as if it is rendered or reduced to its normal required sizes;

d. No personal heraldic devices shall be allowed except the Seal of the President and the Vice-President;

e. Symbols, names, initials, logos, pictures, silhouettes or images of living persons shall not be featured in the design;

f. The name of the government entity or title of heraldic items and devices must be in prominent position;

g. All heraldic items and devices, including ribbons or sashes, must be unique from each other;

h. The National Coat-of-Arms, which may or may not include the scroll, when used as the main part or as a component of the seal, must occupy the place of honor. It shall be used only by the major branches of the government;

i. In using the National Coat-of-Arms or the Great Seal for numismatic purposes, wet or dry seals and painted or printed in monochrome, tincture representations shall be used;

j. The use of the National Flag is prohibited except where the flag has become part of its history;

k. The motto, title or phrase to be incorporated in the heraldic items and devices may be in the national language or in any local dialect; and

l. These heraldic items and devices shall not be revised or changed more than once every ten (10) years.

SEC. 52. All government entities including the military are hereby ordered to purchase all Heraldic Items and Devices from manufacturers accredited and authorized by the Institute.

SEC. 53. Engravers or manufacturers shall apply for annual accreditation at the Institute. Together with their application, they will also submit copies of business license, permit, company profile with list of Heraldic Items and Devices they made for the year and other pertinent documents.

Such items and devices shall be subject to inspection by the purchasing agency’s internal inspector and the COA representative using the design and specifications approved by the Office of the President or by Congress, through the Institute.

Any violation of R.A. No. 8491 or these Rules shall be a ground for suspension, revocation or non-renewal of accreditation.

SEC. 54. No government official or employee shall accept any orders or decorations from any foreign government without the consent of Congress, and without the prior evaluation and documentation of such order or decoration by the Institute.

SEC. 55. Heraldic and Vexillary designs and/or items, including the National Motto, National Anthem and Pledge of Allegiance to the National Flag shall not be used or employed for numismatic, philatelic, advertisement and/or any informative purposes unless duly approved in writing by the Institute, through its Heraldry and Display Section.

RULE 9

CHAPTER VII

PENALTIES

SEC. 56. Failure or refusal to observe the provisions of R.A. No. 8491, and/or any violation of these Rules shall, after proper notice and hearing, be penalized as stipulated in R.A. No. 8491

RULE 10

CHAPTER VIII

EFFECTIVITY

SEC. 57. Effectivity. — These Rules shall be effective fifteen (15) days after the approval of the Office of the President and filing with Congress of the Philippines and the University of the Philippines Law Center.

RULE 11

CHAPTER IX

AMENDMENT OF RULES

SEC. 58. Amendments. — The Chairman and Executive Director shall have the authority to amend, revise, repeal, or otherwise modify these RULES or any provision thereof, as may be deemed necessary to achieve the objectives of the R.A. No. 8491 and these Rules.

ISSUED this 30th day of January, Two Thousand and Two, in the City of Manila, the Philippines.

Recommending Approval:

(Sgd.) PABLO S. TRILLANA III

Chairman and Executive Director

OFFICE OF THE PRESIDENT

Approved by Authority of the President

(Sd.) ALBERTO G. ROMULO

Executive Secretary

RESOURCES

[PDF] Implementing Rules and Regulations of Republic Act No. 8491

click here to view cite

Republic of the Philippines

Congress of the Philippines

Metro Manila

Thirteenth Congress

Third Regular Session

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

[REPUBLIC ACT NO. 9372]

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

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

SECTION 1. Short Title. — This Act shall henceforth be known as the “Human Security Act of 2007.”

SEC. 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict management and post-conflict peace-building, addressing the roots of conflict by building state capacity and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however that the exercise of the constitutionally recognized powers of the executive department of the government shall not prejudice respect for human rights which shall be absolute and protected at all times.

SEC. 3. Terrorism. — Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d’Etat), including acts committed by private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction), or under

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

(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

(3) Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

(4) Republic Act No. 6235 (Anti-Hijacking Law);

(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,

(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. — Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same.

SEC. 5. Accomplice. — Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.

SEC. 6. Accessory. — Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a).

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. — The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.

SEC. 8. Formal Application for Judicial Authorization. — The written order of the authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and record communications, messages, conversations, discussions, or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be committed; (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c) that there is no other effective means readily available for acquiring such evidence.

SEC. 9. Classification and Contents of the Order of the Court. — The written order granted by the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original application of the applicant, including his application to extend or renew, if any, and the written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided, That the person being surveilled or whose communications, letters, papers, messages, conversations, discussions, spoken or written words and effects have been monitored, listened to, bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written order. The written order of the authorizing division of the Court of Appeals shall specify the following: (a) the identity, such as name and address, if known, of the charged or suspected person whose communications, messages, conversations, discussions, or spoken or written words are to be tracked down, tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether wireless or otherwise) communications, messages, conversations, discussions, or spoken or written words, the electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded and their locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known, such person shall be subject to continuous surveillance provided there is a reasonable ground to do so; (b) the identity (name, address, and the police or law enforcement organization) of the police or of the law enforcement official, including the individual identity (names, addresses, and the police or law enforcement organization) of the members of his team, judicially authorized to track down, tap, listen to, intercept, and record the communications, messages, conversations, discussions, or spoken or written words; (c) the offense or offenses committed, or being committed, or sought to be prevented; and, (d) the length of time within which the authorization shall be used or carried out.

SEC. 10. Effective Period of Judicial Authorization. — Any authorization granted by the authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.

The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible period, which shall not exceed thirty (30) days from the expiration of the original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided, further, That the ex parte application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section 20 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person subject of the surveillance, monitoring, interception and recording as specified above.

SEC. 11. Custody of Intercepted and Recorded Communications. — All tapes, discs, and recordings made pursuant to the authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team.

In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the one next in rank to the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals shall execute with the members of the team that required affidavit.

It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever.

Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.

SEC. 12. Contents of Joint Affidavit. — The joint affidavit of the police or of the law enforcement official and the individual members of his team shall state: (a) the number of tapes, discs, and recordings that have been made, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda, if any, made in connection therewith; (b) the dates and times covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit; and (d) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the date of any extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals.

The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all such duplicates and copies are included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing division of the Court of Appeals.

It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint affidavit any item or portion thereof mentioned in this Section.

Any person, police or law enforcement officer who violates any of the acts prescribed in the preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 13. Disposition of Deposited Material. — The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classified information, and the sealed envelope or sealed package shall not be opened and its contents (including the tapes, discs, and recordings and all the excerpts and summaries thereof and the notes and memoranda made in connection therewith) shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application with proper written notice the person whose conversation, communication, message discussion or spoken or written words have been the subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance as defined above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. — The written application with notice to the party concerned to open the deposited sealed envelope or sealed package shall clearly state the purpose or reason: (a) for opening the sealed envelope or sealed package; (b) for revealing or disclosing its classified contents; (c) for replaying, divulging, and or reading any of the listened to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith); and, (d) for using any of said listened to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith) as evidence.

Any person, law enforcement official or judicial authority who violates his duty to notify as defined above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 15. Evidentiary Value of Deposited Materials. — Any listened to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words, or any part or parts thereof, or any information or fact contained therein, including their existence, content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. — Any police or law enforcement personnel who, not being authorized to do so by the authorizing division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in whatever manner or form any communication, message, conversation, discussion, or spoken or written word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the accessory penalty of perpetual absolute disqualification from public office shall be imposed upon any police or law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track down, tap, listen to, intercept, and record in whatever manner or form any communication, message, conversation, discussion, or spoken or written words of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of this Act, the party aggrieved by such authorization shall be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization.

SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. — Any organization, association, or group of persons organized for the purpose of engaging in terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand shall, upon application of the Department of Justice before a competent Regional Trial Court, with due notice and opportunity to be heard given to the organization, association, or group of persons concerned, be declared as a terrorist and outlawed organization, association, or group of persons by the said Regional Trial Court.

SEC. 18. Period of Detention Without Judicial Warrant of Arrest. — The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act.

The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter’s residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office.

Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided, That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested.

The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as provided in the preceding paragraph.

SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. — In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately.

SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. — The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days.

SEC. 21. Rights of a Person under Custodial Detention. — The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought, of his or her right: (a) to be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. These rights cannot be waived except in writing and in the presence of the counsel of choice; (b) informed of the cause or causes of his detention in the presence of his legal counsel; (c) allowed to communicate freely with his legal counsel and to confer with them at any time without restriction; (d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of choice.

SEC. 22. Penalty for Violation of the Rights of a Detainee. — Any police or law enforcement personnel, or any personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same penalty shall be imposed on the police officer or hear or leader of the law enforcement unit having custody of the detainee at the time the violation was done.

SEC. 23. Requirement for an Official Custodial Logbook and its Contents. — The police or other law enforcement custodial unit in whose care and control the person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been placed under custodial arrest and detention shall keep a securely and orderly maintained official logbook, which is hereby declared as a public document and opened to and made available for the inspection and scrutiny of the lawyer or lawyers of the person under custody or any member of his or her family or relative by consanguinity or affinity within the fourth civil degree or his or her physician at any time of the day or night without any form of restriction. The logbook shall contain a clear and concise record of: (a) the name, description, and address of the detained person; (b) the date and exact time of his initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians who examined him physically and medically; (d) the state of his health and physical condition at the time of his initial admission for custodial detention; (e) the date and time of each removal of the detained person from his cell for interrogation or for any purpose; (f) the date and time of his return to his cell; (g) the name and address of the physician or physicians who physically and medically examined him after each interrogation; (h) a summary of the physical and medical findings on the detained person after each of such interrogation; (i) the names and addresses of his family members and nearest relatives, if any and if available; (j) the names and addresses of persons who visit the detained person; (k) the date and time of each of such visits; (1) the date and time of each request of the detained person to communicate and confer with his legal counsel or counsels; (m) the date and time of each visit, and date and time of each departure of his legal counsel or counsels; and, (n) all other important events bearing on and all relevant details regarding the treatment of the detained person while under custodial arrest and detention.

The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer or lawyers or members of the family or relatives within the fourth civil degree of consanguinity or affinity of the person under custody or his or her physician issue a certified true copy of the entries of the logbook relative to the concerned detained person without delay or restriction or requiring any fees whatsoever including documentary stamp tax, notarial fees, and the like. This certified true copy may be attested by the person who has custody of the logbook or who allowed the party concerned to scrutinize it at the time the demand for the certified true copy is made.

The police or other law enforcement custodial unit who fails to comply with the preceding paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 24. No Torture or Coercion in Investigation and Interrogation. — No threat, intimidation, or coercion, and no act which will inflict any form of physical pain or torment, or mental, moral, or psychological pressure, on the detained person, which shall vitiate his free-will, shall be employed in his investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said detained person resulting from such threat, intimidation, or coercion, or from such inflicted physical pain or torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or administrative, investigation, inquiry, proceeding, or hearing.

SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and Interrogation of a Detained Person. — Any person or persons who use threat, intimidation, or coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which shall vitiate the free-will of a charged or suspected person under investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment.

When death or serious permanent disability of said detained person occurs as a consequence of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20) years of imprisonment.

SEC. 26. Restriction on Travel. — In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.

He/she may also be placed under house arrest by order of the court at his or her usual place of residence.

While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court.

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.

SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. — The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned shall not refuse to allow such examination or to provide the desired information, when so ordered by and served with the written order of the Court of Appeals.

SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. — The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of a judicially declared and outlawed terrorist organization, association or group of persons; or (3) of any member of such organization, association, or group of persons.

SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank Deposits, Accounts, and Records. — The written order granted by the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original ex parte application of the applicant, including his ex parte application to extend or renew, if any, and the written authorizations of the Anti-Terrorism Council, shall be deemed and are hereby declared as classified information: Provided, That the person whose bank deposits, placements, trust accounts, assets, and records have been examined, frozen, sequestered and seized by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference. The written order of the authorizing division of the Court of Appeals designated to handle cases involving terrorism shall specify: (a) the identify of the said: (1) person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) judicially declared and outlawed terrorist organization, association, or group of persons; and (3) member of such judicially declared and outlawed organization, association, or group of persons, as the case may be, whose deposits, placements, trust accounts, assets, and records are to be examined or the information to be gathered; (b) the identity of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained; (c) the identity of the persons who will conduct the said examination and the gathering of the desired information; and, (d) the length of time the authorization shall be carried out.

SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits, Accounts, and Records. — The authorization issued or granted by the authorizing division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits, placements, trust accounts, assets, and records, or to gather information about the same, shall be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official.

The authorizing division of the Court of Appeals may extend or renew the said authorization for another period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and, Provided, further, That the application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the ream named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section 19 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits, Placements, Trust Accounts, Assets and Records. — All information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and other documents obtained from the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of any such organization, association, or group of persons shall, within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of the extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits, placements, trust accounts, assets and records.

SEC. 32. Contents of Joint Affidavit. — The joint affidavit shall state: (a) the identifying marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined; (b) the identity and address of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained; (c) the number of bank deposits, placements, trust accounts, assets, and records discovered, examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals; (f) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the examination of the said bank deposits, placements, trust accounts, assets and records, as well as the date of any extension or renewal of the original written authorization granted by the authorizing division of the Court of Appeals; and (g) that the items enumerated were all that were found in the bank or financial institution examined at the time of the completion of the examination.

The joint affidavit shall also certify under oath that no duplicates or copies of the information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records have been made, or, if made, that all such duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals.

It shall be unlawful for any person, police officer or custodian of the bank data and information obtained after examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever.

Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.

SEC. 33. Disposition of Bank Materials. — The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classified information and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in writing to the party concerned not later than three days before the scheduled opening, to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment.

SEC. 34. Application to Open Deposited Bank Materials. — The written application, with notice in writing to the party concerned not later than three days of the scheduled opening, to open the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed envelope or sealed package; (b) for revealing and disclosing its classified contents; and, (c) for using the classified information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents as evidence.

SEC. 35. Evidentiary Value of Deposited Bank Materials. — Any information, data, excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism: (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of such organization, association, or group of persons, which have been secured in violation of the provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. — Any person, police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of such organization, association, or group of persons, without being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel, who maliciously obtained an authority from the Court of Appeals to examine the deposits, placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of such organization, association, or group of persons: Provided, That notwithstanding Section 33 of this Act, the party aggrieved by such authorization shall upon motion duly filed be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization.

SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. — An employee, official, or a member of the board of directors of a bank or financial institution, who refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed organization, association, or group of persons; or (3) a member of such judicially declared and outlawed organization, association, or group of persons in said bank or financial institution, when duly served with the written order of the authorizing division of the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. — Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 39. Seizure and Sequestration. — The deposits and their outstanding balances, placements, trust accounts, assets, and records in any bank or financial institution, moneys, businesses, transportation and communication equipment, supplies and other implements, and property of whatever kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group of persons; or (3) to a member of such organization, association, or group of persons shall be seized, sequestered, and frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State.

The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly needs of his family including the services of his or her counsel and his or her family’s medical needs upon approval of the court. He or she may also use any of his property that is under seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the court for any legitimate reason.

Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for the regular sustenance of his/her family or to use any of his/her property that has been seized, sequestered or frozen for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 40. Nature of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — The seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or financial institution for such person and the government during the pendency of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of the said crimes, as the case may be and their use or disposition while the case is pending shall be subject to the approval of the court before which the case or cases are pending.

SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Record. — If the person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by the investigating body, or is acquitted, after his arraignment or his case is dismissed before his arraignment by a competent court, the seizure, sequestration and freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating body or by the competent court, as the case may be, and his bank deposits, placements, trust accounts, assets and records shall be deemed released from such seizure, sequestration and freezing, and shall be restored to him without any delay by the bank or financial institution concerned without any further action on his part. The filing of any appeal on motion for reconsideration shall not state the release of said funds from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent trial court, his seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records shall be automatically forfeited in favor of the government.

Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five hundred thousand pesos (P500,000.00) a day for the period in which his properties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him/her.

SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — Any person who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after such suspected person has been found innocent by the investigating body or after the case against such charged person has been dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. — Any person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 44. Infidelity in the Custody of Detained Persons. — Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.

SEC. 45. Immunity and Protection of Government Witnesses. — The provisions of Republic Act No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No. 6981.

SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. — The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act.

SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. — The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing under this Act.

SEC. 48. Continuous Trial. — In cases of terrorism or conspiracy to commit terrorism, the judge shall set the continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial.

SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any Special Penal Laws. — When a person has been prosecuted under a provision of this Act, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under this Act.

SEC. 50. Damages for Unproven Charge of Terrorism. — Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism.

Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six months of imprisonment.

If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President.

In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.

SEC. 51. Duty to Record and Report the Name and Address of the Informant. — The police or law enforcement officers to whom the name or a suspect in the crime of terrorism was first revealed shall record the real name and the specific address of the informant.

The police or law enforcement officials concerned shall report the informant’s name and address to their superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within five days after the suspect was placed under arrest or his properties were sequestered, seized or frozen.

The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed until after the proceedings against the suspect shall have been terminated.

SEC. 52. Applicability of the Revised Penal Code. — The provisions of Book I of the Revised Penal Code shall be applicable to this Act.

SEC. 53. Anti-Terrorism Council. — An Anti-Terrorism Council, hereinafter referred to, for brevity, as the “Council,” is hereby created. The members of the Council are: (1) the Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the anti-terrorism policy of the country. The Council shall keep records of its proceedings and decisions. All records of the Council shall be subject to such security classifications as the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the people, the security of the Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the powers, duties, and functions of the National Intelligence Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority.

SEC. 54. Functions of the Council. — In pursuit of its mandate in the previous Section, the Council shall have the following functions with due regard for the rights of the people as mandated by the Constitution and pertinent laws.

1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of their cases;

4. Establish and maintain comprehensive data-base information system on terrorism, terrorist activities, and counter-terrorism operations;

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

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

7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism; and

8. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.

SEC. 55. Role of the Commission on Human Rights. — The Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act; and for this purpose, the Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.

SEC. 56. Creation of a Grievance Committee. — There is hereby created a Grievance Committee composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate complaints against the actuations of the police and law enforcement officials in the implementation of this Act. The Committee shall hold office in Manila.

The Committee shall have three subcommittees that will be respectively headed by the Deputy, Ombudsmen in Luzon, the Visayas and Mindanao. The subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three Assistant Solicitors General designated by the Solicitor General, and the regional prosecutors of the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. The three subcommittees shall assist the Grievance Committee in receiving, investigating and evaluating complaints against the police and other law enforcement officers in the implementation of this Act. If the evidence warrants it, they may file the appropriate cases against the erring police and law enforcement officers. Unless seasonably disowned or denounced by the complainants, decisions or judgments in the said cases shall preclude the filing of other cases based on the same cause or causes of action as those that were filed with the Grievance Committee or its branches.

SEC. 57. Ban on Extraordinary Rendition. — No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and unless his or her human rights, including the right against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice.

SEC. 58. Extra-Territorial Application of this Act. — Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government.

SEC. 59. Joint Oversight Committee. — There is hereby created a Joint Oversight Committee to oversee the implementation of this Act.

The Oversight Committee shall be composed of five members each from the Senate and the House in addition to the Chairs of the Committees of Public Order of both Houses who shall also Chair the Oversight Committee in the order specified herein. The membership of the Committee for every House shall at least have two opposition or minority members. The Joint Oversight Committee shall have its own independent counsel.

The Chair of the Committee shall rotate every six months with the Senate chairing it for the first six months and the House for the next six months. In every case, the ranking opposition or minority member of the Committee shall be the Vice Chair.

Upon the expiration of one year after this Act is approved by the President, the Committee shall review the Act particularly the provisions that authorize the surveillance of suspects of or persons charged with the crime of terrorism. To that end, the Committee shall summon the police and law enforcement officers and the members of the Anti-Terrorism Council and require them to answer questions from the members of Congress and to submit a written report of the acts they have done in the implementation of the law including the manner in which the persons suspected of or charged with the crime of terrorism have been dealt with in their custody and from the date when the movements of the latter were subjected to surveillance and his or her correspondences, messages, conversations and the like were listened to or subjected to monitoring, recording and tapping.

Without prejudice to its submitting other reports, the Committee shall render a semi-annual report to both Houses of Congress. The report may include where necessary a recommendation to reassess the effects of globalization on terrorist activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal the Act in its entirety.

The courts dealing with anti-terrorism cases shall submit to Congress and the President a report every six months of the status of anti-terrorism cases that have been filed with them starting from the date this Act is implemented.

SEC. 60. Separability Clause. — If for any reason any part or provision of this Act is declared unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall remain and continue to be in full force and effect.

SEC. 61. Repealing Clause. — All laws, decrees, executive orders, rules or regulations or parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 62. Special Effectivity Clause. — After the bill shall have been signed into law by the President, the Act shall be published in three newspapers of national circulation; three newspapers of local circulation, one each in Ilocos Norte, Baguio City and Pampanga; three newspapers of local circulation, one each in Cebu, Iloilo and Tacloban; and three newspapers of local circulation, one each in Cagayan de Oro, Davao and General Santos city.

The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired everyday at primetime for seven days, morning, noon and night over three national television and radio networks; three radio and television networks, one each in Cebu, Tacloban and Iloilo; and in five radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the newspapers of local circulation and the announcements over local radio and television networks shall be done in the dominant language of the community.

After the publication required above shall have been done, the Act shall take effect two months after the elections are held in May 2007.

Thereafter, the provisions of this Act shall be automatically suspended one month before and two months after the holding of any election.

Approved,

(Sgd.) JOSE DE VENECIA, JR.

Speaker of the House

of Representatives

(Sgd.) MANNY VILLAR

President of the Senate

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

(Sgd.) ROBERTO P. NAZARENO

Secretary General

House of Representatives

(Sgd.) OSCAR G. YABES

Secretary of the Senate

Approved: MAR 06 2007

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

Source: CDAsia

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REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.

Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.

The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest.

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.

Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.

Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.

Approved: August 17, 1960

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Eighth Congress

Republic Act No. 6713 February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries.lawphi1.net

(b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations inteded to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. - The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act.

Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved, February 20, 1989.