Article 86Act No. 3815, Sec./Art. 86

Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor.-The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional, and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

terrorism,

to

condemn

terrorism

as

inimical

and

dangerous to the national security of the country and to

the welfare of the people, and to make terrorism a crime

against

the

Filipino

people,

against

humanity,

and

against the law of nations.

In the implementation of the policy stated above, the

State shall uphold the basic rights and fundamental

liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism

requires a comprehensive approach, comprising political,

economic, diplomatic, military, and legal means duly

taking into account the root causes of terrorism without

acknowledging these as justifications for terrorist and/or

criminal activities. Such measures shall include conflict

management

and

post-conflict

peace-building,

addressing the roots of conflict by building state capacity

and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment,

restriction or diminution of constitutionally recognized

powers of the executive branch of the government. It is to

be

understood,

however

that

the

exercise

of

the

constitutionally

recognized

powers

of

the

executive

department

of

the

government

shall

not

prejudice

respect for human rights which shall be absolute and

protected at all times.

SEC. 3. Terrorism . - Any person who commits an act

punishable under any of the following provisions of the

Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High

Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d' Etat), including acts committed

by private persons;

d. Article 248 (Murder);

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

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

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

2. Republic Act No. 6969 (Toxic Substances and Hazardous

and Nuclear Waste Control Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and

Liability Act of 1968);

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

5.

Presidential

Decree

No.

532

(Anti-Piracy

and

Anti-Highway Robbery Law of 1974); and,

6. Presidential Decree No. 1866, as amended (Decree

Codifying the Laws on Illegal and Unlawful Possession,

Manufacture, Dealing in, Acquisition or Disposition of

Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread

and extraordinary fear and panic among the populace, in

order to coerce the government to give in to an unlawful

demand shall be guilty of the crime of terrorism and shall

suffer the penalty of forty (40) years of imprisonment,

without the benefit of parole as provided for under Act

No.

4103,

otherwise

known

as

the

Indeterminate

Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism . - Persons who

conspire to commit the crime of terrorism shall suffer the

penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to

an agreement concerning the commission of the crime

of terrorism as defined in Section 3 hereof and decide to

commit the same.

SEC. 5. Accomplice . - Any person who, not being a

principal under Article 17 of the Revised Penal Code or a

conspirator as defined in Section 4 hereof, cooperates in

the

execution

of

either

the

crime

of

terrorism

or

conspiracy

to

commit

terrorism

by

previous

or

simultaneous

acts

shall

suffer

the

penalty

of

from

seventeen (17) years, four months one day to twenty (20)

years of imprisonment.

SEC. 6. Accessory . - Any person who, having knowledge

of the commission of the crime of terrorism or conspiracy

to commit terrorism, and without having participated

therein, either as principal or accomplice under Articles 17

and 18 of the Revised Penal Code, takes part subsequent

to its commission in any of the following manner: (a) by

profiting himself or assisting the offender to profit by the

effects of the crime; (b) by concealing or destroying the

body of the crime, or the effects, or instruments thereof,

in

order

to

prevent

its

discovery;

(c)

by

harboring,

concealing, or assisting in the escape of the principal or

conspirator of the crime, shall suffer the penalty of ten (10)

years and one day to twelve (12) years of imprisonment.

Notwithstanding

the

above paragraph, the penalties

prescribed for accessories shall not be imposed upon

those

who

are

such

with respect to their spouses,

ascendants,

descendants,

legitimate,

natural,

and

adopted brothers and sisters, or relatives by affinity within

the

same

degrees,

with

the

single

exception

of

accessories falling within the provisions of subparagraph

(a).

SEC. 7. Surveillance of Suspects and Interception and

Recording

of

Communications .

-The

provisions

of

Republic Act No. 4200 (Anti-Wire Tapping Law) to the

contrary notwithstanding, a police or law enforcement

official and the members of his team may, upon a written

order of the Court of Appeals, listen to, intercept and

record, with the use of any mode, form, kind or type of

electronic

or

other

surveillance

equipment

or

intercepting and tracking devices, or with the use of any

other suitable ways and means for that purpose, any

communication, message, conversation, discussion, or

spoken or written words between members of a judicially

declared and outlawed terrorist organization, association,

or group of persons or of any person charged with or

suspected of the crime of terrorism or conspiracy to

commit terrorism.

Provided , That surveillance, interception and recording of

communications between lawyers and clients, doctors

and

patients,

journalists

and

their

sources

and

confidential

business

correspondence

shall

not

be

authorized.

SEC. 8. Formal Application for Judicial Authorization . -

The written order of the authorizing division of the Court

of Appeals to track down, tap, listen to, intercept, and

record

communications,

messages,

conversations,

discussions, or spoken or written words of any person

suspected of the crime of terrorism or the crime of

conspiracy to commit terrorism shall only be granted by

the authorizing division of the Court of Appeals upon an

ex parte written application of a police or of a law

enforcement official who has been duly authorized in

writing by the Anti-Terrorism Council created in Section

53 of this Act to file such ex parte application, and upon

examination under oath or affirmation of the applicant

and the witnesses he may produce to establish: (a) that

there is probable cause to believe based on personal

knowledge of facts or circumstances that the said crime

of terrorism or conspiracy to commit terrorism has been

committed, or is being committed, or is about to be

committed; (b) that there is probable cause to believe

based on personal knowledge of facts or circumstances

that evidence, which is essential to the conviction of any

charged or suspected person for, or to the solution or

prevention of, any such crimes, will be obtained; and, (c)

that there is no other effective means readily available for

acquiring such evidence.

SEC. 9. Classification and Contents of the Order of the

Court . - The written order granted by the authorizing

division of the Court of Appeals as well as its order, if any,

to extend or renew the same, the original application of

the applicant, including his application to extend or

renew, if any, and the written authorizations of the

Anti-Terrorism Council shall be deemed and are hereby

declared as classified information: Provided, That the

person

being

surveilled

or

whose

communications,

letters,

papers,

messages,

conversations,

discussions,

© Compiled By RGL

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