Reform Agenda: Tanggulang Demokrasya

Draft Bill to Strengthen Internal Security

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO STRENGTHEN INTERNAL SECURITY

EXPLANATORY NOTE

This bill seeks to strengthen the internal security of the State, by vesting in the executive branch of government the legal weapons necessary to combat armed rebellion, subversion and terrorism, and neutralize the front organizations that aid and abet the rebels and terrorists.

As past and present events consistently show, the armed rebel groups, terrorist groups and their front organizations, through organized, systematic and determined efforts, relentlessly undermine and subvert our democratic institutions, and inflict violence and terror among the people.

The rebels, terrorists and their front organizations have mastered deceit, intimidation and extortion, and successfully infiltrated the major sectors and peoples of Philippine society, including labor, youth, church and mass media organizations, and the Muslim and Lumad communities.

Without doubt the existence and activities of these rebels, terrorists and their front organizations, constitute a clear, present and grave danger to the public safety of the Filipino people and to the national security of the Republic of the Philippines.

In the face of these security threats posed by the rebels, terrorists and their front organizations, particularly godless communists and religious extremists, there is an urgent need for special legislation to protect the law-abiding citizens and the Republic.

The special legislation will need to vest in the executive branch of government strong legal weapons that can be readily and expeditiously used to suppress rebellion and terrorism anytime and anywhere within the Philippine archipelago, without need for resort to emergency rule or martial law except in extreme cases.

Nonetheless, the vesting and use of these legal weapons will need to be within the framework of the Constitution, particularly the following principles and policies:
(a) The defense of the State is the prime duty of government and all the citizens of the Republic. 1987 Constitution, Article II, Sec. 4.
(b) The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the people, the establishment of the State, and the integrity of the national territory. 1987 Constitution, Article II, Sec. 3.
(c) Civilian authority is at all times supreme over the military. 1987 Constitution, Article II, Sec. 3.
(d) The right of the people to be secure in their persons, houses, papers, and effects is directed against unreasonable searches and seizures. 1987 Constitution, Article III, Sec. 2. Such right does not cover preventive detention action. Parong v. Enrile, G.R. No. L-61388, 19 July 1985.
(e) The privilege of the writ of habeas corpus may be lawfully suspended in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it. 1987 Constitution, Article III, Sec. 15.
(f) The liberty of abode and of travel may be lawfully impaired when necessary in the interest of national security, public safety, or public health. 1987 Constitution, Article III, Sec. 6.
(g) The privacy of communication and correspondence may be limited, and such communication may be lawfully accessed when public safety and order require otherwise. 1987 Constitution, Article III, Sec. 3.
(h) The right of the people to information on matters of public concern may be subject to reasonable limitations as provided by law. 1987 Constitution, Article III, Sec. 7.
(i) The right to form associations or societies is limited only for purposes not contrary to the law, and does cover purposes contrary to law. 1987 Constitution, Article III, Sec. 8.

This bill therefore seeks to balance the need for strong legal weapons to protect the national security of the State, and the need to secure the individual rights of the people.

In view of the foregoing, the immediate approval of this measure is earnestly requested.









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

PART I
PRELIMINARY PROVISIONS

Section 1. Title.-  This Act shall be known as the Internal Security Act.

Section 2.  Interpretation.- In this Act, unless the context otherwise requires -

“ammunition” means ammunition for any firearm as hereafter defined and includes grenades, bombs and other like missiles whether capable of use with such a firearm or not and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing, and such other substantially similar articles as may be prescribed in implementing rules and regulations issued by the Secretary of Defense;

“controlled area” means any area declared to be a controlled area by the President or the Secretary of Defense;

“danger area” means any area declared to be a danger area by the President or the Secretary of Defense;

“document” includes any substance on which is recorded any matter, whether by letters, figures, marks, pictorial or other representation, or by more than one of these means;

“entertainment” means any game, sport, diversion, concert or amusement of any kind to which the public has or is intended to have access and in which members of the public may or may not take part, whether on payment or otherwise;

“exhibition” includes every display of goods, books, pictures, films or articles to which the public has or is intended to have access, whether on payment or otherwise;

“explosive”  -
(a) means gunpowder, nitroglycerine, dynamite gun-cotton, blasting powder, fulminate of mercury or of other metals, colored  fires and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect;
(b) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as above defined;
(c) includes any substance declared to be deemed an explosive under the applicable laws or implementing rules and regulations;
(d) includes any material for making any explosive and any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive, and any part of any such apparatus, machine or implement; and
(e) such other substantially similar articles as may be prescribed in implementing rules and regulations issued by the Secretary of Defense;

“financier of terrorism” means any person who is defined as such under Republic Act No. 10168 known as the “Terrorism Financing Prevention and Suppression Act of 2012”.

“firearm” means any lethal barreled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, and includes any component part of any such weapon as aforesaid, and such other substantially similar articles as may be prescribed in implementing rules and regulations issued by the Secretary of Defense;

“Implementing Authority” means the President and the Secretary of Defense;

“offense” refers to acts and omissions defined as such under this Act; “offense” includes an offense under the implementing rules and regulations issued pursuant to this Act ;

“officer in charge of a division” means any police officer appointed as such and, when any officer so appointed is unable through absence, illness or otherwise to perform his/her duties, means the police officer designated, under the authority of the Police Director General , to act for him/her;

“periodical publication” includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;

“police officer” includes an auxiliary police officer and a special police officer appointed or deputized in accordance with applicable laws and implementing rules and regulations ;

“promoter”, in the case of an entertainment or exhibition promoted by a society, includes the secretary and officials of such society and, in the case of a society organized  or having its headquarters outside the Philippines , the officials in the Philippines  of such society;

“proprietor” includes the owner, lessee, occupant or other person in possession or control of premises and any person who receives payment for the use of premises;

“protected place” means any place or premises declared to be a “protected place” by the President or the Secretary of Defense ;

“publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether in traditional form or in electronic form, and whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof;

“public place” includes any highway, public street, public road, public park or garden, any sea beach, waterway, public bridge, lane, footway, square, court, alley or passage, whether a thoroughfare or not,  any theatre or place of public entertainment of any kind or other place of general resort admission to which is obtained by payment or to which the public has access, and any open space to which for the time being the public has or is permitted to have access, whether on payment or otherwise;

“public road” means any public highway or any road over which the public has a right of way or is granted access, and includes every road, street, bridge, passage, footway or square over which the public has a right of way or is granted access;

“security area” means any area declared to be a “security area” by the President or the Secretary of Defense ;

“security forces” includes the Armed Forces of the Philippines, the Philippine National Police, the Philippine Coast Guard, the National Bureau of Investigation, and all the armed services of the government including its deputized agents ;

“supplies” includes ammunition, explosives, firearms, money, food, drink, clothing, medicines, drugs or any other stores, instruments, commodities, articles or things whatsoever, and such other substantially similar facilities as may be prescribed in implementing rules and regulations issued by the Secretary of Defense;

“unlawful combatant” means any person who is defined as a rebel under Articles 134 to 142 of the Revised Penal Code.

“terrorist” means any person who is defined as such under Republic Act No. 9372 known as the “Human Security Act of 2007”.

PART II
GENERAL PROVISIONS RELATING TO INTERNAL SECURITY

Chapter I -  Offenses prejudicial to Internal Security

Section 3. The security offenses considered prejudicial to internal security are those acts and omissions defined as offenses under this Act, and those crimes and offenses related to rebellion, sedition and disloyalty, subversion, illegal assemblies and associations, assault upon persons in authority, public disorders, usurpation of authority, terrorism, financing of terrorism, treason and espionage, provoking war and disloyalty, piracy and mutiny, and genocide.

Section 4. The security offenses related to rebellion, sedition and disloyalty are those defined under Articles 134 to 142 of the Revised Penal Code.

Section 5.  The security offenses related to illegal assemblies and associations, assault upon persons in authority, public disorders, and usurpation of authority are those defined under Articles 146, 147, 148, 149, 151, 153, 154, 155, 156, 177, 178 and 179 of the Revised Penal Code;

Section 6. The security offenses related to terrorism are those defined under Republic Act No. 9372, the Human Security Act of 2007, and those under Republic Act No. 10168, the Terrorism Financing Prevention and Suppression Act of 2012;

Section 7.  The security offenses related to treason and espionage, provoking war and disloyalty,  piracy and mutiny, and genocide are those defined under Title I of the Revised Penal Code, and those under Republic Act No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity;

Chapter II - Powers of preventive detention

Section 8. Power to order detention.- (1)  If the President or the Secretary of Defense is reasonably satisfied with respect to any person that, with a view to preventing that person from committing any security offense, or from acting in any manner prejudicial to the internal security of the Philippines  or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the President or the Secretary of Defense  shall make an order -
(a) directing that such person be detained for any period not exceeding one year ; or
(b) for all or any of the following purposes:
(i) for imposing upon that person such restrictions as may be specified in the order in respect of his/her activities and the places of his/her residence and employment;
(ii) for prohibiting him/her from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or person as may be so specified;
(iii) for requiring him/her to notify his/her movements in such manner at such times and to such authority or person as may be specified in the order;
(iv) for prohibiting him/her from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organization  or association, or from taking part in any political activities;
(v) for prohibiting him/her from traveling beyond the territorial limits of the Philippines  or any part thereof specified in the order except in accordance with permission given to him/her by such authority or person as may be specified in such order,
and any order made under paragraph (b) shall be for such period, not exceeding one year , as may be specified therein, and may by such order be required to be supported by a bond.

(2)  The President or the Secretary of Defense may at his/her reasonable discretion direct that the period of any order made under Subsection (1) be extended for a further period or periods not exceeding one year  at a time.

(3)  For the purposes of Subsection (1), “essential services” mean all public and private utilities, including but not limited to telecommunications facilities, internet facilities, power generation, transmission and distribution facilities, water supply, treatment, conveyance and distribution facilities, crude oil refinery and petroleum distribution facilities, natural gas extraction, processing and distribution facilities, airports, seaports and land transportation terminals, expressways, mass rail transportation facilities, public utility buses, hospitals, and such other substantially similar facilities as may be prescribed in implementing rules and regulations issued by the Secretary of Defense .

(4)  Every person detained in pursuance of an order made under Subsection (1)(a) or of a direction given under Subsection (2) shall be detained in such place as the President or the Secretary of Defense  may direct (hereinafter referred to as a place of detention) and in accordance with instructions issued by the President or the Secretary of Defense and any rules made under Subsection (5).

(5)  The Secretary of Defense, in consultation with the Secretary of Interior and Local Government and the Secretary of Justice, shall in the interest of internal security and human rights, issue implementing rules and regulations to provide for the maintenance and management of any place of detention, for the discipline of persons detained therein, for work while in detention, for visits to detained persons by his or her family members, relatives, legal adviser or other persons, for receipt and sending of letters or messages, for receipt of parcels, and for other related matters.

(6) The powers of detention granted concurrently to the President and the Secretary of Defense shall not be further delegated by the said public officers.

(7) The concurrent powers of detention granted to the President and the Secretary of Defense, shall be without prejudice to the power of control and supervision of the President over the Secretary of Defense.

Section 9. Duty to inform person detained of grounds of detention.- Whenever any person is detained under any order made under Section 8(1)(a), he/she shall  as soon as possible -
(a) be informed of the grounds of his/her detention;
(b)  be informed of the allegations of fact on which the order is based; and
(c) be given reasonable opportunity of making representations against the order as soon as possible.

Section 10.  Suspension of detention order.- At any time after an order has been made in respect of any person under Section 8(1)(a) the Implementing Authority who issued the order may direct that the operation of such order be suspended subject to the execution of a bond and to such conditions -
(a) imposing upon that person such restrictions as may be specified in the direction in respect of his/her activities and the places of his/her residence and employment;
(b) prohibiting him/her from being out of doors between such hours as may be so specified, except under the authority of a written permit granted by such authority or person as may be so specified;
(c) requiring him/her to notify his/her movements in such manner, at such times and to such authority or person as may be so specified;
(d) prohibiting him/her from traveling beyond the territorial limits of the Philippines  or any part thereof specified in the direction, except in accordance with the permission given to him/her by such authority or person as may be so specified;
(e) prohibiting him/her from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organization or association, or from taking part in any political activities;
(f) permitting him/her to return to the country to which he/she belongs or to any other place to which he/she wishes to proceed provided that the government of such place consents to receive him/her,
as the Implementing Authority  sees fit; and the Implementing Authority  may revoke any such direction if he/she is reasonably satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked.

Section 11. Representations against detention order.- (1)  A copy of every order issued  by the Implementing Authority under Section 8(1)(a) shall as soon as possible after the issuance of the said order  be served on the person to whom it relates, and every such person shall be entitled to make representations against the order with the Implementing Authority who issued such order .
(2)  For the purpose of enabling a person to make representations under Subsection (1) he/she shall, within 14 days of the service on him/her of the order -
(a) be informed of his/her right to make representations with the Implementing Authority  under Subsection (1); and
(b) be furnished by the Implementing Authority with a statement in writing -
(i) of the grounds on which the order is made;
(ii) of the allegations of fact on which the order is based; and
(iii) of such other particulars, if any, that in the opinion of the Minister the detainee may reasonably require in order to make his/her representations against the order .
(3)  The Secretary of Defense, in consultation with the Secretary of Justice and the Secretary of the Interior and Local Government, shall issue implementing rules and regulations  to govern the manner in which representations may be made under this Section.

Section 12. Purpose of preventive detention action.- Preventive detention action under this Act is for the purpose of preventing the person detained from acting in any manner prejudicial to the internal security of the Philippines or any part thereof or to the maintenance of public order or essential services therein. It is not for the purpose of criminal prosecution which may proceed independently of the preventive detention.

Section 13. Duration of preventive detention.- By reason of the purpose and nature of preventive detention action, it may be extended until such time that the threat to the internal security of the Philippines ceases to exist. In the case of unlawful combatants, political propagandists and economic saboteurs who are members of illegal groups engaged in total war against the State, particularly including armed rebellion, political destabilization and economic sabotage, they may be subject of preventive detention for as long as the total war campaign exists.

Section 14. Representations with the Implementing Authority.- To ensure that preventive detention action is carried out properly to promote the national interest, as well as for humanitarian considerations, detainees shall be granted the limited privilege to make representations with the Implementing Authority to raise issues concerning alleged errors in their identity, alleged errors in the factual background of their detention, and alleged errors in the interpretation of the factual background of their detention. The detainees may also make representations with the Implementing Authority for possible cooperation with the Government and the State in addressing the threats to internal security.

Section 15. Suspension of Writ of Habeas Corpus.- Unless ordered otherwise by the Implementing Authority, the privilege of the writ of habeas corpus shall be suspended with respect to preventive detention action taken by the Implementing Authority for security offenses under this Act.

Section 16. Disclosure of information.-  Nothing in this Act  or in any implementing rules and regulations issued  thereunder shall require the President or the Secretary of Defense  or any public officer  to disclose facts or to produce documents whose disclosure or production he/she considers to be against national security, public security or national interest.


Section 17. Power to order removal.- (1)  The President or the Secretary of Defense may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained in pursuance of the provisions of this Act .
(2)  Any person in course of removal under Subsection (1) shall be deemed to be in lawful custody.

Section 18. Power to order production of detained person.- (1)  On proof to his/her satisfaction that the presence at any place of any person detained under the provisions of this Act, or lawfully in the custody of the police or confined in any prison whether in pursuance of the provisions of this Act or under an order of any court or otherwise whatsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest,  the President or the Secretary of Defense  may order that such person be taken to that place.
(2)  Any person in course of being taken to any place in pursuance of Subsection (1) and while at such place shall be kept in such custody as the President or the Secretary of Defense may direct and while in that custody shall be deemed to be in lawful custody.

Section 19.  Criminal prosecution of persons detained.- The detention of any person under this Act shall be without prejudice to the taking of any criminal proceedings against such person, whether during or after the period of his/her detention.

Chapter III - Special powers relating to subversive publications

Section 20. Prohibition of printing, sale or distribution, and uploading, posting or viraling, of traditional or electronic documents and publications. - (1)  Where it appears to the reasonable satisfaction of the President or the Secretary of Defense  that any document or publication, whether by traditional or electronic means -
(a) contains any incitement to violence;
(b) counsels disobedience to the law or to any lawful order;
(c) is calculated or likely to lead to a breach of the peace, or to promote feelings of hostility between different races or classes of the population; or
(d) is prejudicial to the national interest, public order or security of the Philippines ,
he/she may by order published in the Official Gazette prohibit either absolutely or subject to such conditions as may be prescribed therein the printing, publication, sale, issue, circulation or possession, uploading, posting or viraling of such traditional or electronic document or publication.

(2)  An order under Subsection (1) may, if the order so provides, be extended so as -
(a) in the case of a periodical publication, to prohibit the publication, sale, issue, circulation, possession or importation of any past or future issue thereof;
(b) in the case of a publication which has or appears or purports to have issued from a specified publishing house, agency or other source, to prohibit the publication, sale, issue, circulation or importation of any other publication which may at any time whether before or after the date of the order have or appear or purport to have issued from such specified publishing house, agency or other source;
(c) in the case of a website, to prohibit the online presence of the said website.

Section 21.  Objections against orders under Section 20.- The proprietor or agent in the Philippines  of the proprietor of any publication which is the subject of an order made under Section 20 may, within one month of the date of publication of the order in the Official Gazette, make representations against the order with the Implementing Authority who issued such order .

Section 22.  Printing, publishing, uploading, posting, in contravention of order under Section 20.- Any person who prints, publishes, sells, issues, circulates or reproduces, uploads, posts or virals, a document or publication which is the subject of an order under Section 20, or any extract therefrom, shall be guilty of an offense under this Act .

No person shall be convicted of an offense  under this Section if he/she proves to the satisfaction of the court that the document or publication in respect of which he/she is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his/her authority, consent and knowledge, and without any want of due care or caution on his/her part, and that he/she did not know and had no reason to suspect the nature of the document or publication.

Section 23. Possession of documents, soft copies, in contravention of order under Section 20.-(1)  Any person who without lawful excuse has in his/her possession any document or publication the possession of which is prohibited by an order under Section 20, or any extract therefrom, shall be guilty of an offense  under this Act.

(2)  In any proceedings against any person for an offense under this Section such person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any document or publication immediately after the document or publication came into his/her possession.

Section 24.  Importation or downloading in contravention of order under Section 20.- Any person who imports or attempts to import or abets the importation, or downloads or attempts to download or abets the downloading from an online source, of any document or publication or without lawful excuse has in his/her possession any document or publication imported in contravention of an order under Section 20 shall be guilty of an offense  under this Act .

Section 25.  Posting of placards.- Any person who posts or distributes, physically or electronically, any placard, circular or other document containing any incitement to violence, or counseling disobedience to the law or to any lawful order, or likely to lead to any breach of the peace, shall be guilty of an offense  under this Act.

Section 26.  Dissemination of false reports.- Any person who, by word of mouth or in writing or by electronic means or by the internet, in any newspaper, periodical, book, circular or other printed publication, or website, blogsite, electronic mail, or by any other means, spreads false reports or makes false statements likely to cause public alarm, shall be guilty of an offense  under this Act .

Section 27. Possession of subversive documents.- (1)  Any person who without lawful excuse carries or has in his/her possession or under his/her control any subversive document shall be guilty of an offense under this Act .

(2)  Any person or any office bearer of any association or any responsible member or agent of any organization who receives any subversive document shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorized to do so by a police officer not below the rank of superintendent of police, communicates to any other person, or publishes or causes to be published the contents of any such document, shall be guilty of an offense under this Act .

(3)  In this Section, “subversive document” means any document having in part or in whole a tendency -
(a) to excite organized violence against persons or property in the Philippines;
(b) to support, propagate or advocate any act prejudicial to the security of the Philippines  or the maintenance or restoration of public order therein or inciting to violence therein or counseling disobedience to the law thereof or to any lawful order therein; or
(c) to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of the Philippines or to the maintenance of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful order therein.

(4)  Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved; and where in any prosecution under this Section it is proved that a person was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the contents and the nature of the contents of such document; provided that no person shall be convicted of an offense  under this Section if he/she proves to the satisfaction of the court -
(a) that he/she was not aware of the contents and the nature of the contents of the subversive document which he/she was carrying or had in his/her possession or under his/her control; and
(b) that he/she was carrying or had the subversive document in his/her possession or under his/her control in such circumstances that at no time did he/she have reasonable cause to believe or suspect that such document was a subversive document.

Section 28. Powers of search and seizure of documents.- (1)  The President or the Secretary of Defense may order any member of the security forces to  -
(a) enter any search any premises;
(b) stop and search any vehicle, vessel, train, aircraft or individual, whether in a public place or not, if he/she is reasonably satisfied that any document, publication, material or article being evidence of the commission of a security offense under this Act is likely to be found in such vehicle, vessel, train, aircraft or on such individual, and may seize any document, publication, material or article so found.

(2)  Any document, publication, material or article seized under Subsection (1) shall be destroyed or otherwise disposed of in such manner as the President or the Secretary of Defense may order.

(3)  The President or the Secretary of Defense  shall, on making an order under Subsection (2), if he/she has reason to believe that the owner, or person who was in possession immediately before such document, publication, material or article was seized, is in Philippines, cause a notice to be served on that person informing him/her of the terms of the order.

(4)  No woman shall be searched under this Section except by a woman.

Section 29. Disposal of subversive documents.- (1)  Where proceedings are taken in respect of any security offense  under this Act , the court by or before which the alleged offender is tried shall, on the request of the President or the Secretary of Defense or his/her authorized representative, on the final determination of those proceedings order that any document, publication, material or article being an exhibit in such proceedings be delivered to such public officer designated in the request for disposal under Section 28(2).

(2)  For the purpose of this Section, any proceedings shall not be deemed to have been finally determined so long as there is pending any appeal in the matter of the proceedings; and an appeal in the matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged the appeal shall be deemed to be pending until it is decided or withdrawn.

Chapter IV - Control of entertainments and exhibitions

Section 30. Power to require information.-(1)  The promoter and every person concerned in the promotion of any entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held shall upon the order in writing of the President or the Secretary of Defense or of their respective authorized representatives,  furnish to the President or the Secretary of Defense or the designated authorized representative such information as he/she may specify relating to the following matters:
(a) particulars of persons concerned in the promotion of the entertainment or exhibition and the interests represented by those persons;
(b) particulars of the persons who have agreed to participate or participated in the entertainment or exhibition or have been invited to do so and the interests represented by those persons;
(c) the purposes to which any profits from the entertainment or exhibition are intended to be or have been applied; and
(d) such other matters as the  President or the Secretary of Defense or their respective authorized representatives may direct.

(2)  Any person furnishing as true information required under Subsection (1) which he/she knows or has reason to believe to be false or incomplete shall be guilty of an offense  under this Act .

(3)  In the event of any entertainment or exhibition in respect of which information has been furnished under Subsection (1) being conducted in any manner contrary to the information so furnished, the person by whom the information was furnished shall be guilty of an offense  under this Act .

Section 31. Power to impose conditions.- (1)  The President or the Secretary of Defense may, if he/she is reasonably satisfied that it is necessary to do so in order to ensure that any entertainment or exhibition shall not be an entertainment or exhibition to which Section 33 would apply, by order in writing require the promoter and every person concerned in the promotion of the entertainment or exhibition and the proprietor of any premises upon which any such entertainment or exhibition is held or is intended to be held to observe such conditions relating to the holding of such entertainment or exhibition as he/she may specify.

(2)  Every person who commits any breach of or fails to comply with any conditions imposed under Subsection (1) shall be guilty of an offense  under this Act; provided that no person shall be convicted of an offense  under this Section if he proves that the breach of or failure to comply with the conditions in respect of which he is charged was done without his/her authority, consent and knowledge, and without any want of due care or caution on his/her part.

(3)  The President or the Secretary of Defense  may, if in any particular case he/she thinks it necessary, require any person in respect of whom an order under Subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the President or the Secretary of Defense  may direct, that the conditions contained in such order shall be observed.

Section 32. Promoter to be in attendance at entertainment or exhibition.- (1)  The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under Section 31 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duly authorized agent approved in that behalf by a police officer not below the rank of inspector, be present throughout the period of every performance or display of every such entertainment or exhibition.

(2)  The President or the Secretary of Defense may by writing exempt any person either absolutely or subject to such conditions as the President or the Secretary of Defense may prescribe from Subsection (1).

Section 33. Power to prohibit certain entertainments or exhibitions.- (1)  The President or the Secretary of Defense  may by order prohibit the holding of or may direct the closing of any entertainment or exhibition -
(a) if he/she is reasonably satisfied that such entertainment or exhibition is or is likely to be in any way detrimental to the national interest;
(b) if there has been in respect of such entertainment or exhibition any refusal of or failure to furnish any information required to be furnished under Section 30, or if any information so furnished is false or incomplete; or
(c) if there has been in respect of such entertainment or exhibition any breach of or failure to comply with any conditions imposed under Section 31.

(2)  The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under Subsection (1) and the proprietor of any premises upon which such exhibition is held shall be guilty of an offense  under this Act; provided that no person shall be convicted of an offense  under this Section if he/she proves that the entertainment or exhibition in respect of which he/she is charged was promoted or continued without his/her authority, consent and knowledge and without any want of due care or caution on his/her part.

Section 34. Powers of entry and investigation.- (1)  Any police officer or any person authorized by the President or the Secretary of Defense  in writing in that behalf may without warrant enter any premises upon which any entertainment or exhibition is being held or is intended to be held with a view to ascertaining whether the provisions of this Chapter or of any order made thereunder are being complied with, and may make such investigation and inspection of such premises and call upon any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as such officer or person may consider necessary for such purpose; provided that any person not in uniform purporting to exercise any powers under this Subsection shall on demand produce his/her written authority to exercise such powers to any person lawfully demanding the written authority.

(2)  Any person who -
(a) obstructs any officer or authorized person lawfully exercising any powers conferred on him/her by or under Subsection (1) in entering or inspecting any premises or delays in producing any articles, books, accounts or other documents or things which he/she has been called upon by such officer or authorized  person to produce and which are or ought to be in the ordinary course of business in his/her power to produce;
(b) refuses to furnish any information which he/she may be required to furnish by such officer or authorized person or who, being required to furnish information by such officer or authorized person, furnishes false or misleading information; or
(c) obstructs the seizure of any document or other thing under Section 36, or the closure of any entertainment or exhibition under Section 37, shall be guilty of an offense under this Act .

Section 35. Search.- (1)  Any officer or person authorized to exercise the powers of entry or investigation under Section 34 may without warrant and with or without assistance enter any premises if he/she considers it to be necessary and has reason to believe that an offense  under this Chapter or any order made thereunder has been committed and may search such place and any person whom he/she reasonably believes to be concerned in the management or promotion of any entertainment or exhibition or to be an agent or employee of the promoter or of the proprietor of those premises.
(2)  No woman shall be searched under this Section except by a woman.

Section 36.  Powers of seizure.- Any officer or person authorized to exercise the powers of entry or investigation under Section 34 may seize any document or other thing in respect of which he/she reasonably believes an offense  to have been committed under this Chapter or any order made thereunder or which he/she reasonably believes to be or to contain evidence relating to such an offense .

Section 37. Powers of closure.-  Any officer or person authorised to exercise the powers of entry or investigation under Section 34 may, without prejudice to the exercise of the powers conferred on him/her by that Section, forthwith take such steps as he/she may consider necessary to close any entertainment or exhibition which he/she is reasonably satisfied is kept open in contravention of any order made under Section 31 or 33.

Section 38.  Liability of principal for acts of employee.- For the purposes of this Chapter and any orders made thereunder every person shall be liable for every act, omission, neglect or default of any agent or employee employed by him/her, as fully and effectually as if such act, omission, neglect or default were done or committed by such person; but so that nothing in this Section shall affect the liability of such agent or employee, and provided that the liability of a principal shall not extend to criminal liability  unless he/she is privy to the offense .

Section 39.  Abetment and penalty.- Any person who contravenes or fails to comply with any provision of this Chapter or any order made or any condition imposed thereunder, or abets such contravention or failure, shall be guilty of an offense  under this Act .

Chapter V - Other powers for the prevention of subversion

Section 40. Powers relating to appointments.- (1)  Where any written law confers any power relating to any appointment upon any person, body or authority constituted under such law, the President or the Secretary of Defense  may by order require that, before making any appointment, that person, body or authority shall submit to him/her -
(a) a list of the names of the persons from whom such appointment will be made; and
(b) such other information as may be specified in the order.

(2)  Such person, body or authority shall not appoint or recruit any person whose appointment is in the reasonable opinion of the President or the Secretary of Defense  prejudicial to the interests of the Philippines.

(3)  No person otherwise than in the course of his/her official duty shall disclose to any person any communication which he/she may have received from the President or the Secretary of Defense  under Subsection (2).

Section 41. Power to close schools or educational institutions.- (1)  The President or the Secretary of Defense, if he/she is reasonably satisfied at any time that a school or educational institution is being used -
(a) for a purpose detrimental to the national interest or the public interest;
(b) for the purpose of instruction detrimental to the national interest or the public interest; or
(c) as a meeting-place of an unlawful society,
and that the circumstances so require, may make an order closing such school or educational institution for such period, not exceeding six (6) months at any one time, as may be specified in the order.

(2)  The board of managers or governors of any school or educational institution, aggrieved by any order made under Subsection (1), may within one (1) month of the date of the order make  representations with the Implementing Authority who issued such order.

(3)  In this Section -
“school” means -
(a) a place where ten (10) or more persons are or are habitually taught, whether in one or more classes; or
(b) in the case of a correspondence school, the place or places where instruction is prepared or where answers are examined or corrected, but does not include any place where the teaching is of a purely religious character, or for a purely religious purpose;

“educational institution” means any place (including a school) where, in the carrying on of the work of any organization or institution, persons are taught or are habitually taught, whether in one or more classes, except that it does not include any place where the teaching is of a purely religious character or for purely religious purposes.

Section 42. Control of admission to institutions of higher education.- The President or the Secretary of Defense, if he/she is reasonably satisfied at any time that an applicant for admission to an institution of higher education, would likely promote, or otherwise participate in, action prejudicial to the interests or security of the Philippines or any part thereof, if admitted to the said institution, may make an order prohibiting such institution from admitting the applicant.

Section 43. Powers in relation to pupils visiting the Philippines.- (1)  The President or the Secretary of Defense  may from time to time by order in writing forbid, except in accordance with the written permission of  any police officer not below the rank of superintendent of police  first obtained -
(a)
the pupils, students, teachers or members;
(b)
any class of pupils, students, teachers or members; or
(c)
any named pupil, student, teacher or member,
of any school, college, educational institution or students’ union or association, as the case may be, specified in the order and situated or established outside the Philippines  to enter into or travel within the Philippines  as a group, or as one of a group of 5 or more such pupils, students, teachers or members, or, for the purpose of effecting as one of a group of such persons some common object within the Philippines , otherwise to enter into or travel therein.

(2)  The  police officer in accordance with Subsection (1) may grant permission under Subsection (1) subject to such conditions (if any) as he/she may think fit to impose, and he/she may further require as a condition precedent thereto that a pupil, student, teacher or member to whom he/she proposes to grant such permission or the parent of a pupil, student or member or such other person as he/she, the  police officer reasonably thinks satisfactory, shall furnish such security by bond or otherwise as the  police officer may think sufficient to secure the due observance and fulfillment of the conditions imposed.

(3)  Where the police officer in accordance with Subsection (1)  has reason to believe -
(a) that any person -
(i) is a pupil, student, teacher or member affected by an order made under Subsection (1);
(ii) has entered Philippines  from a place outside and has not since the date of such entry continuously remained in the Philippines  for a period exceeding 3 months;
(iii) is not the holder of a valid identity card issued to him/her in the Philippines  in accordance with the provisions of any written law or implementing rules and regulations for the time being in force relating to identity cards and which bears an address within the Philippines ; and
(iv) has contravened or intends to contravene the provisions of any such order; or
(b) that any person having obtained written permission under Subsection (1) has failed to observe any conditions imposed upon him/her under Subsection (2) in respect of such permission,
the police officer  may by order in writing -
(i)
direct that such person be required to leave the Philippines  within such time as may be specified in the order and thereafter remain out of the Philippines  for a period of six (6) months from the date of the service of the order upon him/her, or for such lesser period as the police officer may specify; or
(ii) direct that such person be taken into custody and, as speedily as may be, conducted across the frontier, and that person may lawfully be detained for so long as may be necessary for his/her removal to take effect; and such person so removed shall remain out of the Philippines  for a period of six (6) months from the date of his/her removal.

(4)  Any person who contravenes or fails to obey any order made under this Section or who commits a breach of any conditions imposed under Subsection (2) shall be guilty of an offense  under this Act.

(5)  This Section shall not operate to authorize the removal from the Philippines of any person who is a citizen of the Philippines .

Chapter VI - Miscellaneous


Section 44. Attempts to commit offenses and assisting offenders.- (1)   Any person who attempts to commit, or does any act preparatory to the commission of an offense  under this Act,  shall be deemed to be guilty of an offense  under this Act .
(2)  No person knowing or having reasonable cause to believe that another person is guilty of an offense  under this Act , shall give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for such offense .

Section 45.  Abetment and general penalty.- Any person who contravenes or fails to comply with any provision of this Act  or any order made or any direction or instruction given or requirement imposed thereunder or abets such contravention or failure for which no special penalty is provided shall be guilty of an offense  under this Act.

Section 46.  Arrest.- Any police officer may without warrant arrest any person ordered in pursuance of this Act  to be detained.

Section 47. Enforcement of bonds.- (1)  Where any person is required to enter into a bond under Section 8(1), 10 or 31(3), such bond may be enforced by  the courts of competent jurisdiction in accordance with the applicable rules of procedure.

PART III
SPECIAL PROVISIONS RELATING TO SECURITY AREAS

Chapter I - Proclamation of security areas

Section 48. Proclamation of security areas.- (1)  If in the reasonable opinion of the President or the Secretary of Defense, public security in any area in Philippines  is seriously disturbed or threatened by reason of any action taken or threatened by any substantial body of persons, whether inside or outside the Philippines, to cause  a substantial number of citizens to fear organized violence against persons or property, he/she may, if he/she considers it to be necessary for the purpose of suppressing such organized violence, proclaim such area as a security area for the purposes of this Act.

(2)  Every proclamation made under Subsection (1) shall apply only to such area as is therein specified and shall remain in force until it is revoked by the President or the Secretary of Defense; provided that such revocation or annulment shall be without prejudice to anything previously done by virtue of the proclamation.

(3)  A proclamation made under Subsection (1) shall be published in such manner as the Minister thinks necessary for bringing it to the notice of all persons who in his/her opinion ought to have notice thereof and shall have effect as soon as such notice has been given, without publication in the Official Gazette.

(4)  A copy of every proclamation made under Subsection (1) shall be published in the Official Gazette within a reasonable time from its issuance.

Chapter II - Powers relating to preservation of public security

Section 49. Danger area.- (1)  The President or the Secretary of Defense, if he/she considers it reasonably necessary or expedient in the public security to do so, may, by order to be published in the Official Gazette, declare any area within a security area to be a danger area.

(2)  The limits and extent of every danger area shall be demarcated at the site by such means as will, in the opinion of the President or Secretary of Defense, make apparent to persons in or about the area concerned that such area has been declared a danger area.

(3)  No person shall enter or remain in a danger area, and any person who fails to comply with this Subsection shall be guilty of an offense under this Act; provided that this Subsection shall not apply to members of the security forces in the performance of their duty, or to any person accompanied by any such member.

(4)  Any member of the security forces may within a danger area take such measures, including means dangerous or fatal to human life, as he/she considers necessary to ensure that no person prohibited from entering or remaining in a danger area shall enter or remain in such area.

(5)  No claim of any kind shall accrue to, or in respect of any injury sustained by, any person as a result of his/her having entered or remained in a danger area in contravention of Subsection (3); provided that this Subsection shall not preclude the award of compensation under any implementing rules and regulations made under Section 66 if, in the particular circumstances under which the person sustaining the injury entered or remained in a danger area, the authority empowered to award compensation thereunder considers it equitable to award such compensation.

(6)  Where any land, building or other immovable property is within a danger area, a claim for compensation in respect of such land, building or other immovable property may be made in the manner prescribed by the implementing rules and regulations made under Section 66.

Section 50. Controlled area.- (1)  The President or the Secretary of Defense may, if he/she considers it expedient in the public security to do so, make an order, which shall be published in the Official Gazette, declaring any area within a security area to be a controlled area, and in the same or any subsequent order may declare any specified part of such controlled area to be a residential area.

(2)  Every such order shall declare -
(a) that after the expiration of a period to be specified in the order (which shall not be less than seven (7) days from the date thereof) and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall reside or continue to reside in any part of a controlled area other than a residential area;
(b) that between such hours or at such times as may be specified in the order and subject to any exemption for which provision may be made by the same or by a subsequent order and to any conditions upon which such exemption may be granted, no person shall enter or remain in any part of the controlled area other than a residential area.

(3)  Any person who contravenes the provisions of an order made under this Section shall be guilty of an offense under this Act.

(4)  No order under this Section shall apply to -
(a) the President;
(b) the Secretary of Defense;
(c)  any member of the security forces when acting in the course of his/her duty;
(d) any person or class of persons exempted from the provisions of such order by the  Police Director General or his/her authorized representative.

Section 51. Protected place.- (1)  If, as respects any place or premises in any security area, it appears to the Police Director General  to be necessary or expedient in the interests of public security or order, or for the maintenance of supplies or services essential to the life of the community, that special precautions should be taken to prevent the entry of unauthorized persons, he/she may by order declare such place or premises to be a protected place for the purposes of this Act; and so long as the order is in force, no person shall, subject to any exemptions for which provision may be made in the order, enter or remain in that place or those premises without the permission of such authority or person as may be specified in the order.

(2)  Where, in pursuance of this Section, any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his/her conduct as may be given by the Police Director General or by the authority or person granting the permission.

(3)  Any police officer may search any person entering or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him/her.

(4)  If any person is in a protected place in contravention of this Section, or, while in such a place, fails to comply with any directions given under this Section, then without prejudice to any proceedings which may be taken against him/her, he/she may be removed from the place by any police officer.

(5)  Any person who is in a protected place in contravention of this Section or who on being challenged by a police officer willfully fails to stop or who unlawfully refuses to submit to search shall be guilty of an offense under this Act.

(6)  It shall be lawful for the Police Director General to take or cause to be taken such steps as he/she may consider necessary for the protection of any protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter the protected place.

(7)  Where any measures involving such danger as aforesaid are adopted, the Police Director General  shall cause such precautions to be taken, including the prominent display of warning notices, as he/she considers reasonably necessary to prevent inadvertent or accidental entry into any protected place, and where such precautions have been duly taken, no person shall be entitled to compensation or damages in respect of injury received or death caused as a result of any unauthorized entry into any such protected place.

(8)  For the purposes of this Section, “police officer” shall include -
(a) any member of the security forces;
(b) any other person performing the duties of a guard or watchman in a protected place, the appointment of whom has been either specially or generally authorized  by the Police Director General .

(9)  No woman shall be searched under this Section except by a woman.

Section 52. Exclusion of persons.- The officer in charge of a division may by order in writing exclude any person or persons from the division under his/her charge or from any part thereof, such division or part being part of a security area.

Section 53. Curfew.- (1)  Every person within any division or part thereof within a security area which may be designated by order by the officer in charge of the division shall remain within doors, or within such area as may be defined in the order, between such hours as may be specified in the order, unless in possession of a written permit in that behalf issued by the officer in charge of the division.

(2)  No order under this Section shall apply to -
(a) the President;
(b) the Secretary of Defense;
(c) the Secretary of Interior and Local Government;
(d) any member of the security forces when acting in the course of his/her duty;
(e) any person or class of persons exempted from the provisions of such order by Police Director General  or the officer in charge of the division.

Section 54. Power to take possession of land or buildings.- (1)  The President or the Secretary of Defense  may if it appears to him/her to be necessary or expedient to do so in the interests of public security, or for the accommodation of any security forces, take possession of any land or of any building or part of a building in any security area and may give such directions as appear to him/her necessary or expedient in connection with the taking of possession of that land or building.

(2)  Any police officer may take such steps and use such force as appears to him/her to be reasonably necessary for securing compliance with directions given to any person under Subsection (1).

(3)  While any land or building is in the possession of the President or the Secretary of Defense  by virtue of this Section, the land or building may be used by, or under the authority of, the President or the Secretary of Defense  for such purpose, and in such manner, as the President or the Secretary of Defense  thinks expedient in the interests of public security or for the accommodation of any security forces; and the President or the Secretary of Defense, so far as appears to him/her to be necessary or expedient in connection with the taking of possession or use of the land or building in pursuance of this Subsection -
(a) may do, or authorize  persons using the land or building as aforesaid to do, in relation to the land or building, anything any person having an interest in the land or building would be entitled to do by virtue of that interest; and
(b) may by order provide for prohibiting or restricting the exercise of rights of way over the land or building, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.

(4)  The owner or occupier of any land or building shall, if requested by or on behalf of the President or the Secretary of Defense to do so, furnish to such authority or person as may be specified in the request, such information in his/her possession relating to the land or building (being information which may reasonably be demanded of him/her in connection with the execution of this Section) as may be so specified.

(5)  Any person aggrieved by reason of the taking possession of any land or building under this Section may within fourteen (14) days after such possession has been taken give notice of his/her objection thereto to the Implementing Authority.

(6)  The Implementing Authority  shall thereupon consider the objection made by the aggrieved person and any grounds which may be put forward against such objections by the person on whose behalf such possession has been taken, and  after considering the matter  shall give such directions thereon as he/she may think fit.

Section 55. Power to order destruction of certain unoccupied buildings.- (1)  Where in any security area any building or structure is left unoccupied by reason of the operation of any order made under this Act , the officer in charge of the division in which such building or structure is situated may if it appears to him/her -
(a) to be likely that such building or structure will if left standing be used by any person or persons who intend, or are about, to act or have recently acted in a manner prejudicial to public security or by any other person who is likely to harbor  any such persons; and
(b) to be impracticable in any other way to prevent such use,
destroy or authorize  the destruction of that building or structure.

(2)  Compensation shall be payable in respect of the destruction of any building or structure under this Section if the claimant satisfies the Implementing Authority  -
(a) that such building or structure was erected by or with the consent of the person lawfully entitled to the land on which the same was erected; and
(b) that such building or structure was not liable to forfeiture under any regulations made under Section 66; provided that compensation may be paid to the owner or occupier of any building or structure erected by or with the consent of the person lawfully entitled to the land on which it was erected, notwithstanding that such building or structure is liable to forfeiture under any regulations made under Section 66, if such owner or occupier satisfies the Implementing Authority  that the building or structure was used by persons who intend, or are about, to act or have recently acted, in a manner prejudicial to public security or that such persons were being or had been harbored  by his/her employee or agent, as the case may be, without his/her knowledge or consent, and that he/she exercised all due diligence to prevent such building or structure being so used or the harboring  of such persons, as the case may be.

(3)  Any compensation payable under this Section shall be assessed in accordance with regulations made under Section 66.

Section 56. Power to control roads.- (1)  Any officer in charge of a division or any person duly authorized  by any such officer may by order, or by giving directions, or in any other manner, regulate, restrict, control or prohibit the use of any road or waterway in any security area by any person or class of persons or any vehicle or vessel or type or description of vehicle or vessel or close any road or waterway in such area.
(2)  Any officer in charge of a division may, by the issue of permits to which conditions may be attached or in any other manner, regulate, restrict, control or prohibit the traveling by any person or class of persons in any train, motor car, motor bus or vehicle of any description in any security area, and may similarly regulate, restrict, control or prohibit the traveling by any person in any vessel in such area.

Section 57. Power to seize rice and other food.- (1)  When on duty, any police officer or  any person authorize  in writing to do so by the officer in charge of the division may seize any rice or any other article of food in any security area which by reason of its quantity or its situation is or is likely to or may become available to any persons who intend or are about to act or have recently acted in a manner prejudicial to public security or to the maintenance of public order.

(2)  Any such police officer or person may without warrant enter and search any premises if he/she has reasonable grounds to believe that any rice or any food liable to seizure under this Section is likely to be found on such premises.

(3)  When on duty any police officer or any member of the security forces or any person who is authorized  in writing to do so by the officer in charge of the division may stop and search any vessel, vehicle or individual in any security area, whether in a public place or not, if he/she has reasonable grounds to believe  that any rice or any food liable to seizure under this Section is likely to be found on such vessel, vehicle or individual.

(4)  No woman shall be searched under this Section except by a woman.

Chapter III - Offense relating to security areas

Section 58. Offenses  relating to firearms, ammunition and explosives.- (1)  Any person who without lawful excuse, the onus of proving which shall be on such person, in any security area carries or has in his/her possession or under his/her control -
(a) any firearm without lawful authority therefor; or
(b) any ammunition or explosive without lawful authority therefor,
shall be guilty of an offense  under this Act  and shall be liable on conviction to be punished with reclusion perpetua.

(2)  A person shall be deemed to have lawful authority for the purposes of this Section only if he/she -
(a) is a police officer or a member of the security forces,  and in every such case is carrying or is in possession of or has under his/her control such firearm, ammunition or explosive in or in connection with the performance of his/her duty;
(b) is a person duly licensed, or authorized  without a license , under the provisions of any written law for the time being in force to carry, possess or have under his/her control such firearm, ammunition or explosive; or
(c) is a person exempted from this Section by an officer in charge of a division, or is a member of any class of persons so exempted by the Police Director General  by notification in the Official Gazette; provided that no person shall be deemed to have lawful authority for the purposes of this Section or to be exempt from this Section if he/she carries or has in his/her possession or under his/her control any such firearm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public security or the maintenance of public order.

(3)  A person shall be deemed to have lawful excuse for the purposes of this Section only if he/she proves -
(a) that he/she acquired such firearm, ammunition or explosive in a lawful manner and for a lawful purpose; and
(b) that he/she has not at any time while carrying or having in his/her possession or under his/her control such firearm, ammunition or explosive acted in a manner prejudicial to public security or the maintenance of public order.

(4)  A person charged with an offense  under this Section shall not be granted bail when the evidence of guilt is strong.

Section 59. Consorting with person carrying or having possession of fire arms or explosives.- (1)  Any person who in any security area consorts with or is found in the company of another person who is carrying or has in his/her possession or under his/her control any firearm, ammunition or explosive in contravention of Section 58, in circumstances which raise a reasonable presumption that he/she intends, or is about, to act, or has recently acted, with such other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offense  under this Act  and shall be liable on conviction to be punished with reclusion perpetua .
(2)  Any person who in any security area consorts with, or is found in the company of, another person who is carrying or has in his/her possession, or under his/her control any firearm, ammunition or explosive in contravention of Section 58, in circumstances which raise a reasonable presumption that he/she knew that such other person was carrying or had in his/her possession or under his/her control any such firearm, ammunition or explosive shall be guilty of an offense  under this Act  .
(3)  Where, in any prosecution for an offense  under this Section, it is established to the satisfaction of the court that the accused person was consorting with or in the company of any person who was carrying or had in his/her possession or under his/her control any firearm, ammunition or explosive, it shall be presumed, until the contrary is proved, that such last-mentioned person was carrying or had in his/her possession or under his/her control such firearm, ammunition or explosive in contravention of Section 58.

Section 60. Supplies.- (1)  Any person who whether within or outside a security area demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he/she intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so demanded, collected or received are intended for the use of any person who intends or is about, so to act, or has recently so acted, or for the use of any unlawful combatant or terrorist, shall be guilty of an offense under this Act and shall be liable on conviction to reclusion perpetua.

(2)  Any person who whether within or outside a security area is found in possession of any supplies for which he/she cannot satisfactorily account in circumstances which raise a reasonable presumption that such supplies are intended for the use of any person who intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that such supplies are intended for the use of any unlawful combatant or terrorist shall be guilty of an offense  under this Act  and shall be liable on conviction to reclusion perpetua.

(3)  Any person who whether within or outside a security area provides, whether directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that such other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so provided are intended for the use of any person who intends or is about, so to act, or has recently so acted, or that such supplies are intended for the use of any unlawful combatant or terrorist shall be guilty of an offense under this Act  and shall be liable on conviction to reclusion perpetua; provided that no person shall be convicted of any offense  under this Subsection if he/she proves that prior to being charged with or accused of such offense by a police officer or a person in authority he/she voluntarily gave full information of the offense  to a police officer.

(4)  In any charge for an offense  under this Section it shall not be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided or intended to be provided.

Section 61. Failure to report offense or to give information.-  Any person who, whether within or outside a security area, while any proclamation under Section 48 is in force -
(a) knowing or having reasonable cause to believe that another person has committed an offense  under this Part fails to report that offense  to a police officer; or
(b) having in his/her possession any information as to the present or intended movements or whereabouts of any person whom he/she knows or has reasonable cause to believe to be an unlawful combatant or a  terrorist or a financier of terrorism fails to report the same to a police officer, shall be guilty of an offense  under this Act; provided that no person shall be convicted of any offense  under this Section if he/she proves that prior to being charged with or accused of such offense by a police officer or a person in authority, he/she voluntarily gave full information of such other offense or of such movements or whereabouts to a police officer.

Section 62.  Attempt to commit offences.- Any person who whether within or outside a security area, while any proclamation under Section 48 is in force, attempts to commit, or does any act preparatory to the commission of an offense  under this Act , shall be deemed to be guilty of that offense  under this Act .

Section 63.  Assisting offenders.- No person, knowing or having reasonable cause to believe that another person has committed an offense  under this Part, shall, whether within or outside a security area, give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for the offense . Any giving person giving such assistance shall be guilty of offense under this Act.

Section 64. Abetment and general penalty.- If any person contravenes or fails to comply with any provision of this Act , or any order made under or direction given or requirement imposed under any such Section of this Act  or, whether within or outside a security area, abets such contravention or failure, he/she shall be guilty of an offense  under this Act .

Chapter IV - Compensation

Section 65. Compensation.- (1)  Where in the exercise of the powers conferred by Section 54 or by any regulations made under Section 66, possession is taken of any land, building or other structure or of any movable property or of any space or accommodation in any vessel, aircraft, train or vehicle, compensation in respect of such possession shall be assessed in accordance with regulations made under Section 66.

(2)  For the avoidance of doubt it is hereby declared that no compensation shall be payable to any person in respect of any damage or injury to his/her person or property caused by or consequent upon any act authorized  by this Act  or any implementing rules and regulations made under Section 66, except in accordance with the provision for such compensation  made under this Act  or any implementing rules and regulations issued  under Section 66. In the issuance of implementing rules and regulations, the following principles shall be observed where applicable: (a) that no person shall be deprived of property without due process of law; (b) that no person shall be denied the equal protection of the laws; and (c) that private property shall not be taken for public use without just compensation.

Chapter V - Power to make regulations

Section 66. Power to make regulations.- (1)  The Secretary of Defense, in consultation with the Secretary of Interior and Local Government and the Secretary of Justice, shall issue implementing rules and regulations governing security areas to protect public security.

(2)  Without prejudice to the generality or scope of the powers conferred by Subsection (1), implementing rules and regulations may be made under Subsection (1) in respect of any matters coming within the classes of subjects hereinafter specified:
(a) the assessment and payment of remuneration, compensation and allowances in respect of all matters done under this Act  or any implementing rules and regulations made thereunder or in respect of injuries occasioned by or resulting from any proclamation under Section 48;
(b) the restriction of the movement of persons in any security area;
(c) processions and meetings in any security area;
(d) the supply and distribution of food, water, fuel, light and other necessities in any security area;
(e) the declaration of fences or barriers surrounding any area in a security area as perimeter fences, and the regulation of traffic and supplies from within and outside any such areas;
(f) the eviction of persons unlawfully in occupation of land within any security area;
(g) the seizure, occupation and forfeiture of land, buildings and other structures and movable property within any security area belonging to or used by persons who intend or are about to act or have acted in a manner prejudicial to the public security of the Philippines , or belonging to or used by persons who are harboring  or have harbored  or who by their employees or agents are harboring  or have harbored  any such persons;
(h) the appropriation, control, forfeiture, disposition and use of property in any security area;
(i) the requisition of space or accommodation in any vessel, aircraft, train or vehicle within any security area;
(j) the destruction of buildings and other structures within any security area;
(k) the clearance of lands within any security area, the recovery of the costs of and the payment of compensation in respect of such clearance;
(l) the payment of gratuities to workmen injured or to the dependents or workmen killed by acts of terrorism in any security area;
(m) the restriction and prohibition in any security area of foodstuffs and other supplies;
(n) the registration of persons or any class of persons and the control of occupations and industries within any security area;
(o) the control of the movement of rubber and the protection of rubber plants in any security area;
(p) modification, amendment, supersession or suspension of the provisions of any written law for the time being in force in any security area;
(q) entry into and search of premises or other places and the arrest, search and interrogation of persons within any security area;
(r) the formation of  bodies for the purpose of deciding any matters specified in such implementing rules and regulations, but having no powers to inflict fines or imprisonment;
(s) the prescription of fees and other payments;
(t) any other matter in respect of which it is in the reasonable opinion of the Secretary of Defense  desirable in the interests of public security that regulations should be made.

(3)  Any implementing rules and regulations made under this Section may provide for the  imposition of penalties in accordance with the applicable laws.

(4)  Any implementing rules and regulations made under this Section shall  have effect only within the security area or areas to which the proclamation under Section 48 applies.

PART IV
MISCELLANEOUS PROVISIONS

Section 67. Use of lethal weapons in effecting arrests.- (1)  Notwithstanding anything to the contrary in any other written law, it shall be lawful for any police officer or security officer in order -
(a) to effect the arrest of any person liable to detention under any order made under Section 8;
(b) to overcome forcible resistance offered by any person to such arrest; or
(c) to prevent the escape from arrest or the rescue of any person arrested as aforesaid,
to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.

(2)  Every person arrested for any of the offense  referred to in Subsection (1) shall as soon as possible after his/her arrest be clearly warned of his/her liability to be shot at if he/she endeavors  to escape from custody.

(3)  The powers conferred upon a police officer by Subsection (1) may be exercised by any member of the security forces, and by any person performing the duties of a guard or watchman in a protected place, and by any other person generally authorized or deputized  in that behalf by the Police Director General.

Section 68. Admission of statements in evidence.- No person charged with a security offense under this Act shall be compelled to be a witness against himself/herself. Any person under criminal investigation for the commission of a security offense under this Act shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him/her. Any confession obtained in violation of this Section shall be inadmissible in evidence.

Section 69. Inspection of bankers’ books.- The President or the Secretary of Defense  may, if he/she is reasonably satisfied that any evidence of the commission of an offense  under this Act  is likely to be found in any banker’s book, by order authorize  any police officer to inspect any such book, and a police officer so authorized  may, at all reasonable times, enter the bank specified in the order and inspect the banker’s books kept therein, and may take copies of any entry in any such book. The investigation of security offenses under this Section shall be excluded from the coverage of bank secrecy laws which otherwise prevent the disclosure of information without the consent of the account holder.

Section 70. Confiscation or forfeiture of proceeds or instruments of offenses.- Every penalty imposed for the commission of a security offense shall carry with it the forfeiture of the proceeds of the offense and the instruments or tools with which it was committed. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

[NOTE: See Revised Penal Code, Act No. 3815, as amended, Art. 45.]

Section 71. Power to sequester private properties.- (1) If the President or the Secretary of Defense is reasonably satisfied with respect to any private property that, with a view to preventing that property from being used in committing a security offense, or used in any manner prejudicial to the internal security of the Philippines or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the President or the Secretary of Defense shall make an order directing that such property be sequestered for any period not exceeding one year two years.

The private properties that may be subject of sequestration include but are not limited to all facilities, assets, real and personal properties, television and radio facilities, newspapers and magazines, online internet websites, mass media facilities, aircrafts, watercrafts, motor vehicles, heavy equipment, firearms, ammunition, explosives, bank accounts, investments, shares of stock, bonds.

The President or the Secretary of Defense may at his/her reasonable discretion direct that the period of any order made under Subsection (1) be extended for a further period or periods not exceeding one year  at a time.

Section 72. Management of sequestered private properties.- The President or the Secretary of National Defense, in the national interest, may by order provisionally take over the control, management, operation or use of the sequestered private properties, assets and business enterprises, for the duration of the sequestration.

Section 73. Purpose of sequestration of private properties.- The sequestration of private properties under this Act is for the purpose of preventing the property sequestered from being used in any manner prejudicial to the internal security of the Philippines or any part thereof or to the maintenance of public order or essential services therein. It is not for the purpose of criminal prosecution nor for civil forfeiture, which may proceed independently of the sequestration.

Section 74. Duration of sequestration.- By reason of the purpose and nature of the sequestration of private properties, it may be extended until such time that the threat of such private properties being used in any manner prejudicial to the internal security of the Philippines ceases to exist.

Section 75. Representations with the Implementing Authority.- To ensure that the sequestration of private properties is carried out properly to promote the national interest, the owners of said properties shall be granted the limited privilege to make representations with the Implementing Authority to raise issues concerning alleged errors in the identification of the property, alleged errors in the factual background of the sequestration, and alleged errors in the interpretation of the factual background of the sequestration. The owners of such properties may also make representations with the Implementing Authority for possible cooperation with the Government and the State in addressing the threats to internal security.

Section 76. Publication of Orders.- (1)  When any order  is made or direction or instruction is given under this Act, the Implementing Authority  making such order  or giving such direction or instruction shall cause notice of its effect to be given as soon as possible in such manner as he/she thinks necessary for bringing it to the notice of all persons who in his/her reasonable opinion ought to have notice of it, and such order, direction or instruction shall have effect as soon as notice as aforesaid has been given, without publication in the Official Gazette.

(2)  Without prejudice to any special provisions in this Act or in any rules or regulations made thereunder, a notice to be served on any person for the purposes of any Section may be served by leaving it at, or by sending it by post in a letter addressed to that person at, his/her last or usual place of abode or place of business.

(3)  Any order or regulation made or any direction or instruction given under this Act may at any time during its continuance be cancelled by the person empowered to make such order or regulation or to give such direction or instruction, but without prejudice to the previous validity thereof or to anything done thereunder or to the power of that person to make a fresh order or regulation or give a fresh direction or instruction under such provisions.

Section 77. Penalties.- Unless otherwise provided under this Act, any person found guilty of committing any of the security offenses defined herein shall for the first conviction suffer the penalty of arresto mayor and shall be disqualified permanently from holding any public office, appointive and elective, and from exercising the right to vote. In case of a second conviction, the principal penalty shall be prision correctional. In all subsequent convictions the penalty of prision mayor shall be imposed. Any alien convicted under this Act shall be deported immediately after he/she shall have served the sentence imposed upon him/her.
All the other security offenses defined in other laws but incorporated by reference under this Act, shall be subject to the penalties provided in the said laws.

Section 78. Extra-Territorial Application.- Subject to the provisions of an existing treaty, and to any contrary provision of any law of preferential application, the criminal provisions of this Act shall apply: (a) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit inside the territorial limits of the Philippines, any of the security offenses defined, punished or cited in this Act; (b) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said security offenses on board a Philippine ship or Philippine airship; (c) to individual persons who commit any of said security offenses within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (d) to individual persons who, although physically outside the territorial limits of the Philippines, commit said security offenses against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the offense; and (e) to individual persons who, although physically outside the territorial limits of the Philippines, commit said security offenses directly against the Philippine government.

Section 79. Rules and Regulations.- The Secretary of National Defense shall issue the rules and regulations to implement the provisions of this Act.

Section 80. Separability.- If, for any reason, any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in force and effect.

Section 81. Repeal.- All laws, presidential decrees, executive orders, letters of instruction, proclamations, rules and regulations, and other issuances, or parts thereof, which are inconsistent with or contrary to the provisions of this Act, are hereby repealed, amended or modified accordingly.

Sections 41 and 50 of Republic Act No. 9372 known as the “Human Security Act of 2007” are hereby repealed.

Section 82. Saving.-  Nothing in this Act shall be deemed to amend or repeal any other law relating to crimes or criminal offenses; provided, that no person shall be twice put in jeopardy of punishment for the same offense.

Section 83. Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette, or in at least two (2) national newspapers of general circulation.

Approved:

HON. JUAN MAKABAYAN

Senator

Draft Bill to Modernize the Government Arsenal

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO DEVELOP AND MODERNIZE THE GOVERNMENT ARSENAL,

PROVIDE FOR ITS OPERATION AND OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to develop and modernize the government arsenal.

Logistics, particularly the government arsenal, is an important if not the most important pillar of national defense. The critical importance of the government arsenal remains whether the threat to national security is internal or external.

However, the design and operation of the government arsenal has always been limited to small arms, for more than a half a century of Philippine independence. This is certainly inadequate to suppress armed rebellion and subversion, repel transnational terrorism, and protect the integrity of the national territory including our exclusive economic zone.

In order to address these serious threats to national security, and sustain the independent foreign policy to be “friend to all, enemy of none,” the country will need to strengthen its national defense by promoting self-reliance.

To this end, the government arsenal will need to operate beyond small arms, develop into heavy and other conventional weapons, and lay the foundation for a strong Philippine defense industry.     

In view of the foregoing, the immediate approval of this measure is earnestly requested.

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO DEVELOP AND MODERNIZE THE GOVERNMENT ARSENAL,

PROVIDE FOR ITS OPERATION AND OTHER PURPOSES

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

SECTION 1.    Declaration of Policy. — The Government hereby declares it its policy to achieve a reasonable time sufficiency in MODERN SMALL ARMS AND LIGHT WEAPONS (INCLUDING FIREARMS, GUNS, RIFLES, MORTARS, BULLETS, SHELLS, GRENADES, MINES, ROCKETS AND MISSILES), HEAVY WEAPONS (INCLUDING ARTILLERY, GUNS, CANNONS,  SHELLS, MINES, TORPEDOES, ROCKETS AND MISSILES), SELF-PROPELLED ARTILLERY, ARMORED VEHICLES, AMPHIBIOUS VEHICLES, TANKS, BODY ARMOR, NIGHT VISION GOGGLES, RADIOS, DRONES, ROBOTS AND OTHER CONVENTIONAL WEAPONS THAT USE EXPLOSIVE MATERIAL BASED ON CHEMICAL ENERGY AND ARE NOT WEAPONS OF MASS DESTRUCTION (I.E. NUCLEAR, CHEMICAL, BIOLOGICAL WEAPONS) AMMUNITION FOR THESE WEAPONS, AND OTHER MUNITIONS, EQUIPMENT AND SUPPLIES FOR THE USE OF THE MILITARY ESTABLISHMENTS [small arms, mortars, and other weapons, ammunition for these weapons, and other munitions for the use of the military establishments].  

SECTION 2.    Designation of Agency. — a. In addition to the functions and duties vested in him by existing laws, the Secretary of National Defense shall exercise supervision and control over the government arsenal and is hereby authorized to establish, operate and maintain SUCH A MODERN ARSENAL, AS WELL AS ACCESSORY PLANTS FOR THE CONTINUED AND EFFICIENT OPERATION OF THIS ARSENAL, AND TO CONDUCT RESEARCH AND DEVELOPMENT IN THE DESIGN, INNOVATION, PRODUCTION, BUILD, MANUFACTURE, REBUILD, REMANUFACTURE, FABRICATION, ASSEMBLY, REPAIR, MAINTENANCE, REFURBISHMENT, RE-LIFE, UPGRADE, MODIFICATION, REVERSE ENGINEERING AND INVENTION OF SMALL ARMS, LIGHT WEAPONS, HEAVY WEAPONS, VEHICLES, PERSONAL EQUIPMENT, DRONES, ROBOTS AND OTHER CONVENTIONAL WEAPONS, AMMUNITION OF THESE WEAPONS, AND OTHER MUNITIONS, EQUIPMENT AND SUPPLIES [such an arsenal, as well as accessory plants for the continued and efficient operation of this arsenal, for the design, research development of production techniques, manufacture and repair of small arms, mortars, and other weapons, ammunition of these weapons, and other munitions].

b.    The Director of the Government Arsenal shall be charged with the responsibility of making continuous study of and to advise the Secretary of National Defense on all matters pertaining to the design, development, manufacture, procurement, stockpiling, and allocation of conventional weapons; to recommend policies, rules and regulations to the Secretary of National Defense for the efficient operation, maintenance and security of the government arsenal; and to devise ways and means for the efficient mobilization of civilian industry to augment the production of the government arsenal in an emergency. 

c.    Subject to the approval of the Secretary of National Defense, the Director of the Government Arsenal shall have such number of military and civilian personnel as the Director may deem necessary, by detail, whenever possible, from the Armed Forces of the Philippines.

d.    No person shall be appointed Director of the Government Arsenal, unless he or she be a natural born citizen of the Philippines, a person with technical education, and with at least five (5) years experience in MUNITION.

SECTION 3.    Location. — The government arsenal and all other plants to be established shall be located and constructed at such places suitable and consistent with the safety of communities adjacent to such plants and with the requirements of security and the principles of modern warfare.

SECTION 4.    Appropriations. — For the purposes provided for in this Act, there is hereby authorized to be appropriated and made available from funds in the National Treasury not otherwise appropriated the sum of    ______________________________________________ pesos (P_________) to implement initially the provisions of this Act for a period of ___________  fiscal years: Provided, however, That of the said amount, not more than  __________________________ shall be spent for overhead expenses, nor more than _________________________ for fixed assets nor more than  ______________________ for working capital.

SECTION 5.   Rules and Regulations. —  The Secretary of National Defense shall issue the rules and regulations to implement the provisions of this Act.

SECTION 6.  Repeal. —  All laws, presidential decrees, executive orders, letters of instruction, proclamations, rules and regulations, and other issuances, or any part thereof, including the provisions of Republic Act No. 1884 establishing the government arsenal and Executive Order No. 292 also known as the “Administrative Code of 1987”, which are inconsistent with or contrary to the provisions of this Act, are hereby repealed, amended or modified accordingly.

SECTION 7.  Effectivity. —  This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette, or in at least two (2) national newspapers of general circulation.

Approved:

HON. JUAN MAKABAYAN

Senator