Article 91Act No. 3815, Sec./Art. 91

Computation of prescription of offenses.-The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

placements,

trust

accounts,

assets and records. 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 in

writing the person subject of the bank examination and

freezing of bank deposits, placements, trust accounts,

assets and records.

Any person, law enforcement official or judicial authority

who violates his duty to notify in writing as defined above

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

years of imprisonment.

SEC.

31.

Custody

of

Bank

Data

and

Information

Obtained after Examination of Deposits, Placements,

Trust Accounts, Assets and Records . - All information,

data, excerpts, summaries, notes, memoranda, working

sheets, reports, and other documents obtained from the

examination of the bank deposits, placements, trust

accounts, assets and records of: (1) a person charged with

or suspected of the crime of terrorism or the crime of

conspiracy to commit terrorism; (2) a judicially declared

and outlawed terrorist organization, association, or group

of persons; or (3) a member of any such organization,

association, or group of persons 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 the 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

persons who actually conducted the examination of said

bank deposits, placements, trust accounts, assets and

records.

SEC. 32. Contents of Joint Affidavit . - The joint affidavit

shall state: (a) the identifying marks, numbers, or symbols

of the deposits, placements, trust accounts, assets, and

records examined; (b) the identity and address of the

bank

or

financial

institution

where

such

deposits,

placements, trust accounts, assets, and records are held

and

maintained;

(c)

the

number

of

bank

deposits,

placements,

trust

accounts,

assets,

and

records

discovered, examined, and frozen; (d) the outstanding

balances of each of such deposits, placements, trust

accounts,

assets;

(e)

all

information,

data,

excerpts,

summaries, notes, memoranda, working sheets, reports,

documents, records examined and placed in the sealed

envelope

or

sealed

package

deposited

with

the

authorizing division of the Court of Appeals; (f) 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 examination of the said bank

deposits, placements, trust accounts, assets and records,

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

original written authorization granted by the authorizing

division of the Court of Appeals; and (g) that the items

Enumerated were all that were found in the bank or

financial

institution

examined

at

the

time

of

the

completion of the examination.

The joint affidavit shall also certify under oath that no

duplicates or copies of the information, data, excerpts,

summaries, notes, memoranda, working sheets, reports,

and documents acquired from the examination of the

bank deposits, placements, trust accounts, assets and

records have been made, or, if made, that all such

duplicates and copies are placed in the sealed envelope

or sealed package deposited with the authorizing division

of the Court of Appeals.

It shall be unlawful for any person, police officer or

custodian of the bank data and information obtained

after examination of deposits, placements, trust accounts,

assets and records to copy, 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 copies, 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. 33. Disposition of Bank Materials . - 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

shall not be divulged, revealed, read, or used as evidence

unless authorized in a 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 notice in writing to the party concerned

not later than three days before the scheduled opening,

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 as defined above

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

years of imprisonment.

SEC.

34.

Application

to

Open

Deposited

Bank

Materials . - The written application, with notice in writing

to the party concerned not later than three days of the

scheduled opening, to open the sealed envelope or

sealed package shall clearly state the purpose and reason:

(a) for opening the sealed envelope or sealed package; (b)

for revealing and disclosing its classified contents; and, (c)

for

using

the

classified

information,

data,

excerpts,

summaries, notes, memoranda, working sheets, reports,

and documents as evidence.

SEC.

35.

Evidentiary

Value

of

Deposited

Bank

Materials . - Any information, data, excerpts, summaries,

notes, memoranda, work sheets, reports, or documents

acquired from the examination of the bank deposits,

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

person charged or suspected of the crime of terrorism or

the

crime

of

conspiracy

to commit terrorism; (2) a

judicially declared and outlawed terrorist organization,

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

organization, association, or group of persons, which have

been secured in violation of the 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.

36.

Penalty

for

Unauthorized

or

Malicious

Examination of a Bank or a Financial Institution . - Any

person,

police

or

law

enforcement

personnel

who

examines

the

deposits,

placements,

trust

accounts,

assets, or records in a bank or financial institution of: (1) a

person

charged

with

or suspected of the crime of

terrorism or the crime of conspiracy to commit terrorism;

(2)

a

judicially

declared

and

outlawed

terrorist

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

member of such organization, association, or group of

persons, without being authorized to do so by the Court

of Appeals, 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

shall be imposed upon any police or law enforcement

personnel, who maliciously obtained an authority from

the

Court

of

Appeals

to

examine

the

deposits,

placements, trust accounts, assets, or records in a bank or

financial institution of: (1) a person charged with or

suspected of the crime of terrorism or conspiracy to

commit terrorism; (2) a judicially declared and outlawed

terrorist organization, association, or group of persons; or

(3) a member of such organization, association, or group

© Compiled By RGL

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