Article 88Act No. 3815, Sec./Art. 88

Arresto menor.-The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it.

TITLE FOUR

EXTINCTION OF CRIMINAL LIABILITY AND OF CIVIL LIABILITY RESULTING FROM CRIME

CHAPTER ONE

EXTINCTION OF CRIMINAL LIABILITY

SECTION ONE.-Total extinction of criminal liability

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

excerpts and summaries thereof and the notes and

memoranda made in connection therewith) shall not be

divulged, revealed, read, replayed, or used as evidence

unless authorized by written order of the authorizing

division of the Court of Appeals, which written order shall

be

granted

only

upon

a written application of the

Department

of

Justice

filed

before

the

authorizing

division of the Court of Appeals and only upon a showing

that the Department of Justice has been duly authorized

in

writing

by

the Anti-Terrorism Council to file the

application with proper written notice the person whose

conversation,

communication,

message

discussion or

spoken

or

written

words have been the subject of

surveillance, monitoring, recording and interception to

open, reveal, divulge, and use the contents of the sealed

envelope or sealed package as evidence.

Any person, law enforcement official or judicial authority

who violates his duty to notify in writing the persons

subject of the surveillance as defined above shall suffer

the penalty of six years and one day to eight years of

imprisonment.

SEC.

14.

Application

to

Open

Deposited

Sealed

Envelope or Sealed Package . - The written application

with notice to the party concerned to open the deposited

sealed envelope or sealed package shall clearly state the

purpose or reason: (a) for opening the sealed envelope or

sealed package; (b) for revealing or disclosing its classified

contents; (c) for replaying, divulging, and or reading any

of

the

listened

to,

intercepted,

and

recorded

communications, messages, conversations, discussions,

or spoken or written words (including any of the excerpts

and

summaries

thereof

and

any

of

the

notes

or

memoranda made in connection therewith); [ and, (d) for

using any of said listened to, intercepted, and recorded

communications, messages, conversations, discussions,

or spoken or written words (including any of the excerpts

and

summaries

thereof

and

any

of

the

notes

or

memoranda made in connection therewith) as evidence.

Any person, law enforcement official or judicial authority

who violates his duty to notify as defined above shall

suffer the penalty of six years and one day to eight years

of imprisonment.

SEC. 15. Evidentiary Value of Deposited Materials . - Any

listened to, intercepted, and recorded communications,

messages,

conversations,

discussions,

or

spoken

or

written

words, or any part or parts thereof, or any

information or fact contained therein, including their

existence, content, substance, purport, effect, or meaning,

which have been secured in violation of the pertinent

provisions of this Act, shall absolutely not be admissible

and usable as evidence against anybody in any judicial,

quasi-judicial, legislative, or administrative investigation,

inquiry, proceeding, or hearing.

SEC.

16.

Penalty

for

Unauthorized

or

Malicious

Interceptions and/or Recordings . - Any police or law

enforcement personnel who, not being authorized to do

so by the authorizing division of the Court of Appeals,

tracks down, taps, listens to, intercepts, and records in

whatever manner or form any communication, message,

conversation, discussion, or spoken or written word of a

person

charged

with

or suspected of the crime of

terrorism or the crime of conspiracy to commit terrorism

shall be guilty of an offense and shall suffer the penalty of

ten

(10)

years

and

one day to twelve (12) years of

imprisonment.

In addition to the liability attaching to the offender for the

commission of any other offense, the penalty of ten (10)

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

and

the

accessory

penalty

of

perpetual

absolute

disqualification from public office shall be imposed upon

any police or law enforcement personnel who maliciously

obtained an authority from the Court of Appeals to track

down, tap, listen to, intercept, and record in whatever

manner

or

form

any

communication,

message,

conversation, discussion, or spoken or written words of a

person

charged

with

or suspected of the crime of

terrorism or conspiracy to commit terrorism: Provided,

That notwithstanding Section 13 of this Act, the party

aggrieved by such authorization shall be allowed access

to

the

sealed envelope or sealed package and the

contents thereof as evidence for the prosecution of any

police or law enforcement personnel who maliciously

procured said authorization.

SEC.

17.

Proscription

of

Terrorist

Organizations,

Association, or Group of Persons . - Any organization,

association,

or

group

of

persons

organized

for

the

purpose of engaging in terrorism, or which, although not

organized for that purpose, actually uses the acts to

terrorize mentioned in this Act or to sow and create a

condition of widespread and extraordinary fear and panic

among the populace in order to coerce the government

to give in to an unlawful demand shall, upon application

of

the

Department

of

Justice

before

a

competent

Regional Trial Court, with due notice and opportunity to

be heard given to the organization, association, or group

of persons concerned, be declared as a terrorist and

outlawed organization, association, or group of persons

by the said Regional Trial Court.

SEC. 18. Period of Detention Without Judicial Warrant

of Arrest . - The provisions of Article 125 of the Revised

Penal Code to the contrary notwithstanding, any police or

law

enforcement

personnel,

who,

having been duly

authorized in writing by the Anti-Terrorism Council has

taken custody of a person charged with or suspected of

the crime of terrorism or the crime of conspiracy to

commit terrorism shall, without incurring any criminal

liability for delay in the delivery of detained persons to the

proper

judicial

authorities,

deliver

said

charged

or

suspected person to the proper judicial authority within a

period of three days counted from the moment the said

charged or suspected person has been apprehended or

arrested, detained, and taken into custody by the said

police, or law enforcement personnel: Provided, That the

arrest of those suspected of the crime of terrorism or

conspiracy to commit terrorism must result from the

surveillance under Section 7 and examination of bank

deposits under Section 27 of this Act.

The police or law enforcement personnel concerned shall,

before detaining the person suspected of the crime of

terrorism, present him or her before any judge at the

latter's residence or office nearest the place where the

arrest took place at any time of the day or night. It shall

be

the

duty

of the judge, among other things, to

ascertain the identity of the police or law enforcement

personnel and the person or persons they have arrested

and presented before him or her, to inquire of them the

reasons

why

they

have

arrested

the

person

and

determine

by

questioning

and

personal

observation

whether or not the suspect has been subjected to any

physical, moral or psychological torture by whom and

why. The judge shall then submit a written report of what

he/she had observed when the subject was brought

before him to the proper court that has jurisdiction over

the case of the person thus arrested. The judge shall

forthwith submit his/her report within three calendar

days from the time the suspect was brought to his/her

residence or office.

Immediately after taking custody of a person charged

with or suspected of the crime of terrorism or conspiracy

to commit terrorism, the police or law enforcement

personnel shall notify in writing the judge of the court

nearest the place of apprehension or arrest: Provided

,That where the arrest is made during Saturdays, Sundays,

holidays or after office hours, the written notice shall be

served at the residence of the judge nearest the place

where the accused was arrested.

The penalty of ten (10) years and one day to twelve (12)

years of imprisonment shall be imposed upon the police

or law enforcement personnel who fails to notify and

judge as Provided in the preceding paragraph.

SEC. 19. Period of Detention in the Event of an Actual

or Imminent Terrorist Attack . - In the event of an actual

or

imminent

terrorist

attack,

suspects

may

not

be

detained for more than three days without the written

© Compiled By RGL

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