Article 90Act No. 3815, Sec./Art. 90

Prescription of crimes.-Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in two years.

The offenses of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

pain or torment, or as a consequence of the infliction on

him of such mental, moral, or psychological pressure, the

penalty shall be twelve (12) years and one day to twenty

(20) years of imprisonment.

SEC. 26. Restriction on Travel . - In cases where evidence

of guilt is not strong, and the person charged with the

crime of terrorism or conspiracy to commit terrorism is

entitled to bail and is granted the same, the court, upon

application by the prosecutor, shall limit the right of travel

of the accused to within the municipality or city where he

resides or where the case is pending, in the interest of

national security and public safety, consistent with Article

III, Section 6 of the Constitution. Travel outside of said

municipality or city, without the authorization of the

court, shall be deemed a violation of the terms and

conditions of his bail, which shall then be forfeited as

provided under the Rules of Court.

He/she may also be placed under house arrest by order of

the court at his or her usual place of residence.

While

under

house

arrest, he or she may not use

telephones, cellphones, e-mails, computers, the internet

or other means of communications with people outside

the residence until otherwise ordered by the court.

The restrictions abovementioned shall be terminated

upon the acquittal of the accused or of the dismissal of

the case filed against him or earlier upon the discretion of

the court on motion of the prosecutor or of the accused.

SEC. 27. Judicial Authorization Required to Examine

Bank Deposits, Accounts, and Records . - The provisions

of Republic Act No. 1405 as amended, to the contrary

notwithstanding, the justices of the Court of Appeals

designated as a special court to handle anti-terrorism

cases after satisfying themselves of the existence of

probable cause in a hearing called for that purpose that:

(1) a person charged with or suspected of the crime of

terrorism or, conspiracy to commit terrorism, (2) of a

judicially declared and outlawed terrorist organization,

association, or group of persons; and (3) of a member of

such

judicially

declared

and

outlawed

organization,

association, or group of persons, may authorize in writing

any police or law enforcement officer and the members

of

his/her

team

duly

authorized

in

writing

by

the

anti-terrorism

council

to:

(a)

examine,

or cause the

examination of, the deposits, placements, trust accounts,

assets and records in a bank or financial institution; and

(b)

gather

or

cause

the

gathering

of

any

relevant

information

about

such

deposits,

placements,

trust

accounts, assets, and records from a bank or financial

institution. The bank or financial institution concerned,

shall not refuse to allow such examination or to provide

the desired information, when so, ordered by and served

with the written order of the Court of Appeals.

SEC.

28.

Application

to

Examine

Bank

Deposits,

Accounts, and Records . - The written order of the Court

of Appeals authorizing the examination of bank deposits,

placements, trust accounts, assets, and records: (1) of a

person

charged

with

or suspected of the crime of

terrorism or conspiracy to commit terrorism; (2) of any

judicially declared and outlawed terrorist organization,

association, or group of persons, or (3) of any member of

such organization, association, or group of persons in a

bank or financial institution, and the gathering of any

relevant information about the same from said bank or

financial

institution,

shall

only

be

granted

by

the

authorizing division of the Court of Appeals upon an ex

parte application to that effect of a police or of a law

enforcement official who has been duly authorized in

writing

to

file

such

ex

parte

application

by

the

Anti-Terrorism Council created in Section 53 of this Act to

file such ex parte application, and upon examination

under oath or affirmation of the applicant and, the

witnesses he may produce to establish the facts that will

justify the need and urgency of examining and freezing

the bank deposits, placements, trust accounts, assets,

and records: (1) of the person charged with or suspected

of

the

crime

of

terrorism or conspiracy to commit

terrorism;

(2)

of

a

judicially

declared

and

outlawed

terrorist organization, association or group of persons; or

(3) of any member of such organization, association, or

group of persons.

SEC. 29. Classification and Contents of the Court Order

Authorizing

the

Examination

of

Bank

Deposits,

Accounts, and Records . - The written order granted by

the authorizing division of the Court of Appeals as well as

its order, if any, to extend or renew the same, the original

ex parte application of the applicant, including his ex

parte application to extend or renew, if any, and the

written authorizations of the Anti-Terrorism Council, shall

be

deemed

and

are

hereby

declared

as

classified

information:

Provided,

That

the

person whose bank

deposits, placements, trust accounts, assets, and records

have been examined, frozen, sequestered and seized by

law enforcement authorities has the right to be informed

of the acts done by the law enforcement authorities in

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

the legality of the interference. The written order of the

authorizing division of the Court of Appeals designated to

handle cases involving terrorism shall specify: (a) the

identify of the said: (1) person charged with or suspected

of

the

crime

of

terrorism or conspiracy to commit

terrorism; (2) judicially declared and outlawed terrorist

organization, association, or group of persons; and (3)

member

of

such

judicially

declared

and

outlawed

organization, association, or group of persons, as the case

may be. whose deposits, placements, trust accounts,

assets, and records are to be examined or the information

to be gathered; (b) the identity of the bank or financial

Institution

where

such

deposits,

placements,

trust

accounts, assets, and records are held and maintained; (c)

the identity of the persons who will conduct the said

examination

and

the

gathering

of

the

desired

information; and, (d) the length of time the authorization

shall be carried out.

SEC. 30. Effective Period of Court Authorization to

Examine and Obtain Information on Bank Deposits,

Accounts, and Records . - The authorization issued or

granted by the authorizing division of the Court of

Appeals to examine or cause the examination of and to

freeze bank deposits, placements, trust accounts, assets,

and records, or to gather information about the same,

shall be effective for the length of time specified in the

written order of the authorizing division of the Court of

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

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

authorizing division of the Court of Appeals by the

applicant police or law enforcement official.

The authorizing division of the Court of Appeals may

extend or renew the said authorization for another period,

which shall not exceed thirty (30) days renewable to

another thirty (30) days from the expiration of the original

period: Provided, That the authorizing division of the

Court of Appeals is satisfied that such extension or

renewal is in the public interest: and, Provided, further,

That the application for extension or renewal, which must

be

filed

by

the

original

applicant,

has

been

duly

authorized in writing by the Anti-Terrorism Council.

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

physically disabled to file the application for extension or

renewal, the one next in rank to the original applicant

among the members of the ream named in the original

written order of the authorizing division of the Court of

Appeals shall file the application for extension or renewal:

Provided, That, without prejudice to the liability of the

police or law enforcement personnel under Section 19

hereof, the applicant police or law enforcement official

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

period granted by the Court of Appeals as provided in the

preceding

paragraphs

within

which

to

file

the

appropriate case before the Public Prosecutor's Office for

any violation of this Act.

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

applicant

police

or

law

enforcement

official

shall

immediately notify in writing the person subject of the

bank

examination

and

freezing

of

bank

deposits,

© Compiled By RGL

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