Article 92Act No. 3815, Sec./Art. 92

When and how penalties prescribe.-The penalties imposed by final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;

4. Light penalties, in one year.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

of persons: Provided, That notwithstanding Section 33 of

this Act, the party aggrieved by such authorization shall

upon motion duly filed 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. 37. Penalty of Bank Officials and Employees

Defying a Court Authorization . - An employee, official, or

a member of the board of directors of a bank or financial

institution, who refuses to allow the examination of the

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

organization,

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

judicially

declared

and

outlawed

organization,

association, or group of persons in said bank or financial

institution, when duly served with the written order of the

authorizing division of 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.

SEC. 38. Penalty for False or Untruthful Statement or

Misrepresentation of Material Fact in Joint Affidavits . -

Any false or untruthful statement or misrepresentation of

material fact in the joint affidavits required respectively in

Section 12 and Section 32 of this Act shall constitute a

criminal offense and the affiants shall suffer individually

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

years of imprisonment.

SEC. 39. Seizure and Sequestration . - The deposits and

their outstanding balances, placements, trust accounts,

assets, and records in any bank or financial institution,

moneys, businesses, transportation and communication

equipment, supplies and other implements, and property

of whatever kind and nature belonging: (1) to any person

suspected of or charged before a competent Regional

Trial Court for the crime of terrorism or the crime of

conspiracy to commit terrorism; (2) to a judicially declared

and

outlawed

organization,

association,

or group of

persons;

or

(3)

to

a

member

of

such organization,

association,

or

group

of

persons

shall

be

seized,

sequestered, and frozen in order to prevent their use,

transfer, or conveyance for purposes that are inimical to

the safety and security of the people or injurious to the

interest of the State.

The accused or a person suspected of may withdraw such

sums as may be reasonably needed by the monthly

needs of his family including the services of his or her

counsel and his or her family's medical needs upon

approval of the court. He or she may also use any of his

property that is under seizure or sequestration or frozen

because

of

his/her

indictment

as

a

terrorist

upon

permission of the court for any legitimate reason.

Any person who unjustifiably refuses to follow the order

of the proper division of the Court of Appeals to allow the

person accused of the crime of terrorism or of the crime

of conspiracy to commit terrorism to withdraw such sums

from sequestered or frozen deposits, placements, trust

accounts, assets and records as may be necessary for the

regular sustenance of his/her family or to use any of

his/her property that has been seized, sequestered or

frozen

for

legitimate purposes while his/her case is

pending shall suffer the penalty of ten (10) years and one

day to twelve (12) years of imprisonment.

SEC. 40. Nature of Seized. Sequestered and Frozen

Bank Deposits, Placements, Trust Accounts, Assets

and Records . - The seized, sequestered and frozen bank

deposits, placements, trust accounts, assets and records

belonging to a person suspected of or charged with the

crime of terrorism or conspiracy to commit terrorism shall

be deemed as property held in trust by the bank or

financial institution for such person and the government

during the pendency of the investigation of the person

suspected of or during the pendency of the trial of the

person charged with any of the said crimes, as the case

may be and their use or disposition while the case is

pending shall be subject to the approval of the court

before which the case or cases are pending.

SEC. 41. Disposition of the Seized, Sequestered and

Frozen Bank Deposits, Placements, Trust Accounts,

Assets and Record . - If the person suspected of or

charged with the crime of terrorism or conspiracy to

commit terrorism is found, after his investigation, to be

innocent by the investigating body, or is acquitted, after

his arraignment or his case is dismissed before his

arraignment

by

a

competent

court,

the

seizure,

sequestration

and

freezing

of

his

bank

deposits,

placements,

trust accounts, assets and records shall

forthwith be deemed lifted by the investigating body or

by the competent court, as the case may be, and his bank

deposits, placements, trust accounts, assets and records

shall

be

deemed

released

from

such

seizure,

sequestration and freezing, and shall be restored to him

without any delay by the bank or financial institution

concerned without any further action on his part. The

filing of any appeal on motion for reconsideration shall

not

state

the

release

of

said

funds

from

seizure,

sequestration and freezing.

If the person charged with the crime of terrorism or

conspiracy to commit terrorism is convicted by a final

judgment

of

a

competent

trial

court,

his

seized,

sequestered and frozen bank deposits, placements, trust

accounts,

assets

and

records

shall

be automatically

forfeited in favor of the government.

Upon his or her acquittal or the dismissal of the charges

against him or her, the amount of Five hundred thousand

pesos (P500.000.00) a day for the period in which his

properties, assets or funds were seized shall be paid to

him on the concept of liquidated damages. The amount

shall be taken from the appropriations of the police or law

enforcement

agency

that

caused

the

filing

of

the

enumerated charges against him/her.

SEC. 42. Penalty for Unjustified Refusal to Restore or

Delay in Restoring Seized, Sequestered and Frozen

Bank Deposits, Placements, Trust Accounts, Assets

and Records . - Any person who unjustifiably refuses to

restore or delays the restoration of seized, sequestered

and frozen bank deposits, placements, trust accounts,

assets and records of a person suspected of or charged

with the crime of terrorism or conspiracy to commit

terrorism after such suspected person has been found

innocent by the investigating body or after the case

against such charged person has been dismissed or after

he is acquitted by a competent court shall suffer the

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

imprisonment.

SEC. 43. Penalty for the Loss, Misuse, Diversion or

Dissipation of Seized, Sequestered and Frozen Bank

Deposits,

Placements,

Trust

Accounts, Assets and

Records . - Any person who is responsible for the loss,

misuse, diversion, or dissipation of the whole or any part

of the seized, sequestered and frozen bank deposits,

placements, trust accounts, assets and records of a

person

suspected

of

or charged with the crime of

terrorism or conspiracy to commit terrorism shall suffer

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

years of imprisonment.

SEC. 44. Infidelity in the Custody of Detained Persons .

- Any public officer who has direct custody of a detained

person or under the provisions of this Act and who by his

deliberate act, misconduct, or inexcusable negligence

causes or allows the escape of such detained person shall

be guilty of an offense and shall suffer the penalty of: (a)

twelve (12) years and one day to twenty (20) years of

imprisonment, if the detained person has already been

convicted

and

sentenced

in

a final judgment of a

competent court; and (b) six years and one day to twelve

(12) years of imprisonment, if the detained person has not

been convicted and sentenced in a final judgment of a

competent court.

SEC.

45. Immunity and Protection of Government

Witnesses . - The provisions of Republic Act No. 6981

(Witness Protection, Security and Benefits Act) to the

© Compiled By RGL

92 of 201