Article 94Act No. 3815, Sec./Art. 94

Partial extinction of criminal liability.-Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his sentence.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

apprehension,

arrest,

detention,

prosecution,

and

conviction of person or persons who are liable for the

crime of terrorism or conspiracy to commit terrorism;

7. Establish and maintain coordination with and the

cooperation

and

assistance

of

other

nations in the

struggle against international terrorism; and

8. Request the Supreme Court to designate specific

divisions of the Court of Appeals and Regional Trial Courts

in Manila, Cebu City and Cagayan de Oro City, as the case

may be, to handle all cases involving the crime of

terrorism or conspiracy to commit terrorism and all

matters incident to said crimes. The Secretary of Justice

shall assign a team of prosecutors from: (a) Luzon to

handle terrorism cases filed in the Regional Trial Court in

Manila; (b) from the Visayas to handle cases filed in Cebu

City; and (c) from Mindanao to handle cases filed in

Cagayan de Oro City.

SEC. 55. Role of the Commission on Human Rights . -

The Commission on Human Rights shall give the highest

priority to the investigation and prosecution of violations

of civil and political rights of persons in relation to the

implementation of this Act; and for this purpose, the

Commission shall have the concurrent jurisdiction to

prosecute

public

officials,

law

enforcers,

and

other

persons who may have violated the civil and political

rights of persons suspected of, or detained for the crime

of terrorism or conspiracy to commit terrorism.

SEC. 56. Creation of a Grievance Committee . - There is

hereby created a Grievance Committee composed of the

Ombudsman, as chair, and the Solicitor General, and an

undersecretary from the Department of Justice (DOJ), as

members, to receive and evaluate complaints against the

actuations of the police and law enforcement officials in

the implementation of this Act. The Committee shall hold

office

in

Manila.

The

Committee

shall

have

three

subcommittees that will be respectively headed by the

Deputy

Ombudsmen

in

Luzon,

the

Visayas

and

Mindanao. The subcommittees shall respectively hold

office

at

the Offices of Deputy Ombudsman. Three

Assistant Solicitors General designated by the Solicitor

General,

and

the

regional

prosecutors

of

the

DOJ

assigned to the regions where the Deputy Ombudsmen

hold

office

shall

be

members

thereof.

The

three

subcommittees shall assist the Grievance Committee in

receiving,

investigating

and

evaluating

complaints

against the police and other law enforcement officers in

the implementation of this Act. If the evidence warrants

it, they may file the appropriate cases against the erring

police and law enforcement officers. Unless seasonably

disowned or denounced by the complainants, decisions

or judgments in the said cases shall preclude the filing of

other cases based on the same cause or causes of action

as those that were filed with the Grievance Committee or

its branches.

SEC. 57. Ban on Extraordinary Rendition . - No person

suspected or convicted of the crime of terrorism shall be

subjected

to

extraordinary

rendition

to

any country

unless his or her testimony is needed for terrorist related

police investigations or judicial trials in the said country

and unless his or her human rights, including the right

against torture, and right to counsel, are officially assured

by the requesting country and transmitted accordingly

and approved by the Department of Justice.

SEC. 58. Extra-Territorial Application of this Act . -

Subject to the provision of an existing treaty of which the

Philippines is a signatory and to any contrary provision of

any law of preferential application, the provisions of this

Act shall apply: (1) to individual persons who commit any

of the crimes defined and punished in this Act within the

terrestrial domain, interior waters, maritime zone, and

airspace of the Philippines; (2) to individual persons who,

although physically outside the territorial limits of the

Philippines, commit, conspire or plot to commit any of

the crimes defined and punished in this Act inside the

territorial

limits

of

the

Philippines;

(3)

to

individual

persons who, although physically outside the territorial

limits of the Philippines, commit any of the said crimes on

board

Philippine

ship

or

Philippine

airship;

(4)

to

individual persons who commit any of said crimes within

any

embassy,

consulate,

or

diplomatic

premises

belonging to or occupied by the Philippine government

in an official capacity; (5) to individual persons who,

although physically outside the territorial limits of the

Philippines,

commit

said

crimes

against

Philippine

citizens or persons of Philippines descent, where their

citizenship or ethnicity was a factor in the commission of

the crime; and (6) to individual persons who, although

physically outside the territorial limits of the Philippines,

commit

said

crimes

directly

against

the

Philippine

government.

SEC. 59. Joint Oversight Committee . - There is hereby

created a Joint Oversight Committee to oversee the

implementation of this Act. The Oversight Committee

shall be composed of five members each from the Senate

and

the

House

in

addition

to

the

Chairs

of

the

Committees of Public Order of both Houses who shall

also Chair the Oversight Committee in the order specified

herein. The membership of the Committee for every

House shall at least have two opposition or minority

members. The Joint Oversight Committee shall have its

own independent counsel. The Chair of the Committee

shall rotate every six months with the Senate chairing it

for the first six months and the House for the next six

months. In every case, the ranking opposition or minority

member of the Committee shall be the Vice Chair. Upon

the expiration of one year after this Act is approved by the

President, the Committee shall review the Act particularly

the provision that authorize the surveillance of suspects

of or persons charged with the crime of terrorism. To that

end, the Committee shall summon the police and law

enforcement

officers

and

the

members

of

the

Anti-Terrorism

Council

and

require

them

to

answer

questions from the members of Congress and to submit

a written report of the acts they have done in the

implementation of the law including the manner in

which the persons suspected of or charged with the

crime of terrorism have been dealt with in their custody

and from the date when the movements of the latter

were

subjected

to

surveillance

and

his

or

her

correspondences, messages, conversations and the like

were listened to or subjected to monitoring, recording

and tapping. Without prejudice to its submitting other

reports, the Committee shall render a semiannual report

to both Houses of Congress. The report may include

where necessary a recommendation to reassess the

effects

of

globalization on terrorist activities on the

people, provide a sunset clause to or amend any portion

of the Act or to repeal the Act in its entirety. The courts

dealing

with

anti-terrorism

cases

shall

submit

to

Congress and the President a report every six months of

the status of anti-terrorism cases that have been filed

with

them

starting

from

the

date

this

Act

is

implemented.

SEC. 60. Separability Clause . - If for any reason any part

or provision of this Act is declared unconstitutional or

invalid, the other parts or provisions hereof which are not

affected thereby shall remain and continue to be in full

force and effect.

SEC. 61. Repealing Clause . - All laws, decrees, executive

orders, rules or regulations or parts thereof, inconsistent

with the provisions of this Act are hereby repealed,

amended, or modified accordingly.

SEC. 62. Special Effectivity Clause . - After the bill shall

have been signed into law by the President, the Act shall

be published in three newspapers of national circulation;

three newspapers of local circulation, one each in llocos

Norte, Baguio City and Pampanga; three newspapers of

local circulation, one each in Cebu, lloilo and Tacloban;

and three newspapers of local circulation, one each in

Cagayan de Oro, Davao and General Santos city.

The title of the Act and its provisions defining the acts of

terrorism that are punished shall be aired everyday at

primetime for seven days, morning, noon and night over

three national television and radio networks; three radio

© Compiled By RGL

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