Article 87Act No. 3815, Sec./Art. 87

Destierro.-Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

spoken

or

written

words

and

effects

have

been

monitored,

listened

to,

bugged

or

recorded by law

enforcement authorities has the right to be informed of

the acts done by the law enforcement authorities in the

premises or to challenge, if he or she intends to do so, the

legality of the interference before the Court of Appeals

which issued the written order. The written order of the

authorizing division of the Court of Appeals shall specify

the following: (a) the identity, such as name and address,

if known, of the charged or suspected person whose

communications, messages, conversations, discussions,

or spoken or written words are to be tracked down,

tapped, listened to, intercepted, and recorded and, in the

case of radio, electronic, or telephonic (whether wireless

or otherwise) communications, messages, conversations,

discussions, or spoken or written words, the electronic

transmission systems or the telephone numbers to be

tracked

down,

tapped,

listened

to,

intercepted,

and

recorded and their locations or if the person suspected of

the crime of terrorism or conspiracy to commit terrorism

is not fully known, such person shall be subject to

continuous surveillance provided there is a reasonable

ground to do so; (b) the identity (name, address, and the

police or law enforcement organization) of the police or of

the law enforcement official, including the individual

identity

(names,

addresses,

and

the

police

or

law

enforcement organization) of the members of his team,

judicially

authorized

to

track

down,

tap,

listen

to,

intercept, and record the communications, messages,

conversations, discussions, or spoken or written words; (c)

the offense or offenses committed, or being committed,

or sought to be prevented; and, (d) the length of time

within which the authorization shall be used or carried

out.

SEC. 10. Effective Period of Judicial Authorization . - Any

authorization granted by the authorizing division of the

Court of Appeals, pursuant to Section 9(d) of this Act, shall

only be effective for the length of time specified in the

written order of the authorizing division of the Court of

Appeals, which shall not exceed a period of thirty (30)

days from the date of receipt of the written order of the

authorizing division of the Court of Appeals by the

applicant police or law enforcement official.

The authorizing division of the Court of Appeals may

extend

or

renew

the said authorization for another

non-extendible period, which shall not exceed thirty (30)

days from the expiration of the original period: Provided,

That the authorizing division of the Court of Appeals is

satisfied that such extension or renewal is in the public

interest:

and

Provided,

further ,

That

the

ex

parte

application for extension or renewal, which must be filed

by the original applicant, has been duly authorized in

writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is

physically disabled to file the application for extension or

renewal, the one next in rank to the original applicant

among the members of the team named in the original

written order of the authorizing division of the Court of

Appeals shall file the application for extension or renewal:

Provided, That, without prejudice to the liability of the

police or law enforcement personnel under Section 20

hereof, the applicant police or law enforcement official

shall have thirty (30) days after the termination of the

period granted by the Court of Appeals as provided in the

preceding

paragraphs

within

which

to

file

the

appropriate case before the Public Prosecutor's Office for

any violation of this Act.

If no case is filed within the thirty (30)-day period, the

applicant

police

or

law

enforcement

official

shall

immediately notify the person subject of the surveillance,

interception and recording of the termination of the said

surveillance, interception and recording. The penalty of

ten

(10)

years

and

one day to twelve (12) years of

imprisonment

shall

be imposed upon the applicant

police or law enforcement official who fails to notify the

person

subject

of

the

surveillance,

monitoring,

interception and recording as specified above.

SEC.

11.

Custody

of

Intercepted

and

Recorded

Communications . - All tapes, discs, and recordings made

pursuant to the authorization of the authorizing division

of

the

Court of Appeals, including all excerpts and

summaries

thereof

as

well

as

all

written

notes

or

memoranda made in connection therewith, shall, within

forty-eight (48) hours after the expiration of the period

fixed in the written order of the authorizing division of the

Court of Appeals or within forty-eight (48) hours after the

expiration of any extension or renewal granted by the

authorizing division of the Court of Appeals, be deposited

with the authorizing Division of the Court of Appeals in a

sealed envelope or sealed package, as the case may be,

and shall be accompanied by a joint affidavit of the

applicant police or law enforcement official and the

members of his team.

In case of death of the applicant or in case he is physically

disabled to execute the required affidavit, the one next in

rank to the applicant among the members of the team

named in the written order of the authorizing division of

the Court of Appeals shall execute with the members of

the team that required affidavit.

It shall be unlawful for any person, police officer or any

custodian of the tapes, discs and recording, and their

excerpts and summaries, written notes or memoranda to

copy in whatever form, to remove, delete, expunge,

incinerate, shred or destroy in any manner the items

enumerated above in whole or in part under any pretext

whatsoever.

Any person who removes, deletes, expunges, incinerates,

shreds or destroys the items enumerated above shall

suffer a penalty of not less than six years and one day to

twelve (12) years of imprisonment.

SEC. 12. Contents of Joint Affidavit . - The joint affidavit

of the police or of the law enforcement official and the

individual

members of his team shall state: (a) the

number of tapes, discs, and recordings that have been

made, as well as the number of excerpts and summaries

thereof

and

the

number

of

written

notes

and

memoranda, if any, made in connection therewith; (b) the

dates and times covered by each of such tapes, discs, and

recordings; (c) the number of tapes, discs, and recordings,

as well as the number of excerpts and summaries thereof

and the number of written notes and memoranda made

in connection therewith that have been included in the

deposit;

and

(d)

the

date

of

the

original

written

authorization granted by the Anti-Terrorism Council to

the applicant to file the ex parte application to conduct

the tracking down, tapping, intercepting, and recording,

as well as the date of any extension or renewal of the

original written authority granted by the authorizing

division of the Court of Appeals.

The joint affidavit shall also certify under oath that no

duplicates or copies of the whole or any part of any of

such tapes, discs, and recordings, and that no duplicates

or copies of the whole or any part of any of such excerpts,

summaries, written notes, and memoranda, have been

made, or, if made, that all such duplicates and copies are

included in the sealed envelope or sealed package, as the

case may be, deposited with the authorizing division of

the Court of Appeals.

It

shall

be

unlawful

for

any

person,

police

or

law

enforcement official to omit or exclude from the joint

affidavit any item or portion thereof mentioned in this

Section.

Any

person,

police

or

law enforcement officer who

violates any of the acts prescribed in the preceding

paragraph shall suffer the penalty of not less than ten (10)

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

SEC. 13. Disposition of Deposited Material . -The sealed

envelope or sealed package and the contents thereof,

which are deposited with the authorizing division of the

Court

of Appeals, shall be deemed and are hereby

declared classified information, and the sealed envelope

or sealed package shall not be opened and its contents

(including the tapes, discs, and recordings and all the

© Compiled By RGL

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