guide for law enforcement agents and military …

NOTE: Copies of the Guide for Law Enforcement Agents and Military Personnel in Implementing the ATA of 2020

and Its IRR and its Annexes are also posted on the ATC website (atc.gov.ph) and the NICA website (nica.gov.ph)

GUIDE FOR LAW ENFORCEMENT AGENTS AND

MILITARY PERSONNEL IN IMPLEMENTING THE

ANTI-TERRORISM ACT OF 2020

AND ITS IMPLEMENTING RULES AND

REGULATIONS

1st Edition 22 February 2021

1st Edition

Guide for Law Enforcement Agents and Military Personnel in Implementing the

ATA of 2020 and Its IRR

of 38 pages

TABLE OF CONTENTS

Page No.

Message of ATC Secretariat Head 4

The ATA 2020 and This Guide (Introduction) 5

1. Surveillance 7

Flowchart (Surveillance) 7

A. When Applicable 8

Exceptions to Surveillance 8

B. Procedure in Applying for Surveillance, Interception, and

Recording of Communications

9

B.1 Application for Extension of Surveillance 10

B.2 Submission to the Court of Appeals (CA) 11

C. Flowchart (Application for Order to Compel TSP/ISP) 13

Procedure in Applying for an Order to Compel

Telecommunication Service Providers (TSP) and Internet Service

Providers (ISP) to Produce all Customer Information and Others

14

C.1 Submission to the CA 15

2. Warrantless Arrest 17

Flowchart (Warrantless Arrest) 17

A. When Applicable 18

B. Important Things to Remember in Implementing Warrantless

Arrest

18

C. Guide in Implementing Warrantless Arrest 18

C.1 Extension of Period of Detention 19

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C.2 Responsibilities of the LEA/MP and Head of Detention

Facility

20

3. Official Logbook for Detained Suspected Terrorists 21

A. Contents of the Logbook 21

B. Who May Demand Copies of the Entries of Logbook 22

4. Filing of Charges against Suspected Terrorists 22

A. Terrorism Acts Punishable under the ATA of 2020 22

B. What to Remember in Filing Charges against Suspected Terrorist 29

C. Filing Charges at the Regional Trial Court 30

Applying for Preliminary Hold Departure Order (PHDO) 30

5. Prohibited Acts and Their Penalties 31

6. Frequently Asked Questions 33

7. Table of Annexes 37

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Office of the President

ANTI-TERRORISM COUNCIL Malacañang, Manila

MESSAGE

The passage of the Anti-Terrorism Act of 2020 (ATA of 2020) demonstrates

the Philippines’ commitment to address the evolving threat of terrorism and boost

the capability of our country to promote domestic and global security. In

implementing the law, definite procedures and proper accountabilities are

primordial in order for our security sector to more effectively and efficiently

undertake counter-terrorism measures.

On this note, I commend the Technical Working Group of the Anti-Terrorism

Council Secretariat for coming up with The Guide for Law Enforcement Agents

and Military Personnel in implementing the ATA of 2020 and its Implementing Rules

and Regulations. This Guide prescribes the procedures and forms for the effective

implementation of certain provisions of the ATA of 2020 by our law enforcers.

I encourage all law enforcement agents and military personnel to use this

Guide as we all endeavor to achieve a peaceful and secured country for our

people, and the generations to come. Again, my congratulations to all those

who contributed to this Guide.

ALEX PAUL I. MONTEAGUDO, PhD, CESE Head,

Anti-Terrorism Council Secretariat

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INTRODUCTION

One of the significant legislations of our time is Republic Act No. 11479,

otherwise known as the Anti-Terrorism Act (ATA) of 2020. It is a crucial step in

addressing violent extremism and terrorism in the country. Recognizing the

dangers posed by terrorism to our people, economy and way of life, the

Philippine government has always sought for more proactive and stronger

measures against terrorist groups and their allies.

While it repeals the weak and underutilized RA 9372 or the Human Security

Act of 2007, the ATA 2020, along with its Implementing Rules and Regulations

(IRR), equips our law enforcers and military personnel with the necessary tools,

both new and enhanced, to protect the people from the threat of terrorism,

especially by providing for more realistic and operational mechanisms to arrest,

prosecute and penalize those who plan, conduct, finance and support terrorist

acts. At the same time, the ATA 2020 provides sufficient safeguards to prevent

abuses of fundamental liberties and basic rights, and adequate remedies in case

of abuses and lapses in complying with these safeguards.

Given the importance of the ATA 2020 and its IRR in the country’s overall

campaign against terrorism, it is imperative that our government security forces

know fully well its provisions and the procedures involved, and how to implement

these effectively and efficiently, while protecting and respecting human rights

and civil liberties.

To empower and assist our government security forces, the Anti-Terrorism

Council Secretariat drafted this Guide for Law Enforcement Agents and Military

Personnel in Implementing the ATA 2020 and Its IRR, which focuses primarily on

the following relevant provisions: the conduct of SURVEILLANCE; WARRANTLESS

ARREST; OFFICIAL LOGBOOK FOR DETAINED SUSPECTED TERRORISTS; the FILING OF

CHARGES AGAINST SUSPECTED TERRORISTS; and PROHIBITED ACTS AND THEIR

PENALTIES. These focus areas were preliminarily identified as the key areas

essential for operational units in conducting counter-terrorism operations.

This Guide contains visualized process flows and template forms that would

help our law enforcers and military personnel, especially our operating units,

understand better the steps and processes they have to undertake in the course

of enforcing and implementing the provisions of the law. The template forms

were designed to ensure that compliance with the safeguards in the ATA 2020 is

observed. Though it is highly recommended that the template forms be adopted

and used by operational units, there is no prohibition for our government security

forces from developing, adopting and using their own template forms as they

may deem fit as long as they are compliant with the ATA 2020, its IRR and other

relevant laws, rules and regulations.

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This Guide remains a work-in-progress and subject to periodic review as

well as amendments and revisions, as may be deemed necessary.

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A. When Applicable

The Law Enforcement Agents (LEAs) or Military Personnel (MP) may conduct

electronic surveillance by secretly wiretapping, overhearing, listening to,

intercepting, screening, reading, surveilling, recording or collecting, with the use

of any mode, form, kind or type of electronic, mechanical or other equipment or

device or technology any private communications, conversations, discussions,

data information, messages in whatever form, kind or nature, spoken or written

words between and among the following:

1. members of a judicially proscribed, declared and outlawed terrorist

organization;

2. members of a designated organization as defined in Section 3 (e) of

Republic Act (RA) 10168 otherwise known as the Terrorism Financing

Prevention and Suppression Act of 20121; or

3. any person charged with or suspected of committing any of the crimes

defined under the ATA of 2020.2

Exceptions to Surveillance/Recording

Communications between the following may not be the subject of

surveillance, interception, and recording:

1. lawyers and clients;

2. doctors of medicine and patients;

3. journalists and their sources; and

4. confidential business correspondence.3

1Section 3 (e) Designated persons refers to:

(1) any person or entity designated and/or identified as a terrorist, one who finances terrorism, or a terrorist

organization or group under the applicable United Nations Security Council Resolution or by another

jurisdiction or supranational jurisdiction;

(2) any organization, association, or group of persons proscribed pursuant to Section 17 of the Human

Security Act of 2007; or

(3) any person, organization, association, or group of persons whose funds or property, based on

probable cause are subject to seizure and sequestration under Section 39 of the Human Security Act of

2007. 2 Section 16 of ATA of 2020 and Rule 5.1 of the IRR 3 Section 16 of ATA of 2020 and Rule 5.3 of the IRR

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B. Procedure in Applying for Surveillance, Interception and Recording of

Communications4:

1. The LEA/MP must secure a certification from his/her office/unit

designating him/her as the authorized person to apply with the

Anti-Terrorism Council (ATC) for the authorization to file for court authority

to conduct surveillance, interception, and recording of

communications.5 (Annex “A”: Surveillance Form 1 – Authority to Apply

for Surveillance Authority)

2. The Agency-designated LEA/MP shall attach the certification

mentioned in Item No.1 to the application for authorization to file court

authority to conduct surveillance, interception, and recording of

communications, and submit them to the ATC, through the Department

of Justice (DOJ) which serves as the deputized representative of the

ATC.6 The LEA/MP shall attach supporting documents to his/her

application. (Annex “B”: Surveillance Form 2 - Request for Authority to File

Application to the ATC for Authority to Apply for Surveillance Authority

from the Court of Appeals)

3. The DOJ shall immediately assess and submit to the ATC the application

from the LEA/MP with its recommendation on whether or not to grant the

applicant the Authority to proceed with applying for Surveillance

Authority from the Court of Appeals. After finding sufficient basis on the

application, the ATC shall issue the written authority to LEA/MP to file with

the Court of Appeals (CA) for an authority to conduct surveillance,

interception, and recording of communications. (Annex “C”:

Surveillance Form 3 – Certificate of Authority to File Application for

Surveillance Authority with the Court of Appeals)

4. The LEA/MP must attach the certificate of authority issued by the ATC to

his/her application with the CA for a court order to conduct surveillance,

interception and recording of communications.7 The LEA/MP shall

attach evidence and other supporting documents in support of his/her

application with the CA. (Annex “D”: Surveillance Form 4 – In Re:

Application for Judicial Authority to Conduct Surveillance)

5. If the CA grants the application for surveillance, the LEA/MP shall

conduct the surveillance within the period specified in the Order of the

court which shall not exceed sixty (60) days.

4 Section 16 of ATA of 2020 and Rule V of the IRR 5 Rule 5.6 of the IRR 6 Rule 5.6 of the IRR 7 Section 18 of ATA and Rule 5.6 of the IRR

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B.1. Application for Extension of Surveillance

1. If the LEA/MP deems it necessary to extend the conduct of surveillance,

he/she shall again secure authority to file for extension of surveillance

from his/her agency/unit. (Annex “E”: Surveillance Form 5 - Authority to

Apply for Extension of Surveillance)

2. The LEA/MP must attach the certificate of authority issued by his/her

unit/agency to his/her application with the ATC for an extension or

renewal of authorization to conduct surveillance which shall not exceed

thirty (30) days. The LEA/MP shall file the said application to the ATC8

through the DOJ before the original period granted by the CA expires.

(Annex “F”: Surveillance Form 6 – Request for Authority to File Application

to Extend Period of Surveillance)

If the original applicant died or 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 team named in the original written

order of the court shall file the application for extension or renewal.9


for extension of period to conduct surveillance from the LEA/MP with its

recommendation on whether or not to grant such application. If the ATC

finds sufficient basis to extend surveillance, it shall approve and issue a

written authorization to the LEA/MP to apply for extension of surveillance

with the CA.10 (Annex “G”: Surveillance Form 7 – ATC Certificate of

Authority to File Application for Extension of Surveillance Authority to the

Court of Appeals)

4. The LEA/MP must attach the certificate of authority to apply for extension

of surveillance issued by the ATC to his/her application with the CA for a

court order to extend the conduct of surveillance, interception and

recording of communications.11 The LEA/MP shall attach evidence and

other supporting documents in support of his/her application with the

CA. (Annex “H”: Surveillance Form 8 – In Re: Application for Judicial

Authority for Extension of Period to Conduct Surveillance)

5. If the CA grants the request for extension, the LEA/MP may extend the

conduct of surveillance within the period specified in the Order of the

court which shall not exceed thirty (30) days.

8 Second paragraph, Section 19 9 Section 19 of the ATA and Rule 5.10 of the IRR 10 Section 19 of the ATA and Rule 5.10 of the IRR 11 Section 19 of the ATA and Rule 5.10 of the IRR

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B.2. Submission to the CA

1. Within 48 hours after the expiration of the period fixed in the written order

or extension or renewal granted for the conduct of surveillance, the

LEA/MP shall deposit all tapes, discs, other storage devices, recordings,

notes, memoranda, summaries, excerpts with all their copies to the CA in

a sealed envelope together with a Joint Affidavit by the LEA/MP and all

members of his/her team. (Annex “I”: Surveillance Form 9 – Joint Affidavit

on Collected Materials from Authorized Surveillance)

If the original applicant died or is physically disabled to execute the

required affidavit, the one next in rank to the applicant among the

members of the team named in the written order of the CA shall execute

the affidavit together with the other members of the team.

2. The LEA/MP shall have thirty (30) calendar days after the termination of

the period granted by the CA within which to file the complaint for any

violation of the ATA at the Prosecutor’s Office.12

3. After the lapse of thirty (30) calendar days, the LEA/MP shall inform the

issuing court of the fact that the appropriate charges have been filed at

the Prosecutor’s Office. If no case has been filed, the LEA/MP shall still

inform the issuing court of the fact that no case has been filed within the

same period, stating the reason for non-filing.13 (Annex “J”: Surveillance

Form 10 – In Re: Notice to Issuing Court of Legal Action Taken Based on

Surveillance)

4. On the part of the Public Prosecutor, if he/she finds sufficient basis that a

case must be filed, the Public Prosecutor shall secure a written

authorization from the ATC to file an application with the CA for authority

to use the deposited materials as evidence.14 (Annex “K”: ATC Certificate

of Authority to File Application to Access the Deposited Sealed

Envelope/Package with the Court of Appeals)

5. The Public Prosecutor shall file the petition before the CA to open and

use the contents of the deposited sealed envelope or sealed package

as evidence. The Public Prosecutor shall likewise inform the person whose

conversation, communication or message have been the subject of

12 Third paragraph, Section 19 of ATA and Rule 5.1 of the IRR 13 Fourth paragraph, Section 19 and Rule 5.12 of the IRR 14 Section 22 of the ATA and Rule 5.19 of the IRR

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surveillance.15 (Annex “L”: Surveillance Form 12 – In Re: Petition to Use

Deposited Materials)

Note: The removal, deletion, destruction, cancellation or shredding of any

tapes, discs, other storage devices recordings, notes, memoranda,

summaries, excerpts and all their copies gathered from the

surveillance shall be penalized by imprisonment of ten (10) years.

15 Section 22 of the ATA and Rule 5.19 of the IRR

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C. Procedure in Applying for an Order to Compel TSP and ISP to Produce all

Customer Information, Among Others

1. The LEA/MP must secure a certification from his/her office/unit

designating him/her as the authorized person to apply with the

ATC for the authorization to file for court authority to compel the

Telecommunication Service Provider (TSP)/Internet Service Provider (ISP)

to produce all relevant customer information, identification records, call

and text data records, and content, and cellular and internet

metadata.16 (Annex “M”: Surveillance Form 13 – Authority to Apply for

Issuance of an Order to Compel TSP/ISP to Produce Customer Records,

etc)

2. The designated LEA/MP shall attach the certification mentioned in

Item 1 hereof to his/her application to the ATC for authorization to file

court authority to compel TSP/ISP to produce all relevant customer

information, records, data, etc.17 The LEA/MP shall attach supporting

documents to his application for authorization and submit such

application to the ATC through the DOJ which serves as the deputized

representative of the ATC. (Use Surveillance Form 2 – Request for Authority

to File Application for Surveillance Authority from the Court of Appeals

attached as Annex “B”)


from the LEA/MP with its recommendation on whether to grant the

applicant the Authority to proceed with applying for the appropriate

Order to Compel TSP/ISP from the Court of Appeals.

4. After finding sufficient basis on the application, the ATC shall issue the

written authority to LEA/MP to file with the CA for an authority to compel

TSP/ISP to produce all relevant customer information, records, data, etc.

(Annex “N”: Surveillance Form 14 - Certificate of Authority to File

Application to Compel TSP and ISP to Produce Information, Data,

Records, etc)

5. The LEA/MP must attach the certificate of authority issued by the ATC to

his/her application with the CA for a court authority to compel TSP/ISP to

produce all relevant customer information, records, data, etc.18 The

LEA/MP shall attach evidence and other supporting documents in

support of his/her application with the CA. (Annex “O”: - Form 15

16 Sections 16 and 17 of the ATA and Rule 5.6 (a) of the IRR 17 Section 17 of the ATA and Rule 5.6 (a) of the IRR 18 Section 17 (a) of ATA and Rule 5.6 of the IRR

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Surveillance – In Re: Application for Judicial Authority to Compel TSP/ISP

to Produce All Information, Records, Data, etc)

6. The LEA/MP shall immediately furnish the National Telecommunications

Commission (NTC) a copy of the application with the CA for an authority

to compel TSP/ISP to produce all relevant customer information, records,

data, etc. The LEA/MP shall also notify the NTC upon issuance of the

court order for the purpose of ensuring immediate compliance.19

7. If the CA grants the application for a court authority to compel TSP/ISP

to produce such relevant customer information, records, data, etc., the

concerned TSP/ISP shall release within 48 hours from the time it received

the order of the Court, to the authorized LEA/MP all such relevant

customer information, records, data, etc in accordance with such

order.20

C.1. Submission to the CA

1. Within 48 hours after the LEA/MP obtains the relevant customer

information, records, data, etc in accordance with the order of the

Court, the LEA/MP shall deposit all obtained relevant customer

information, records, data, etc including all their copies to the issuing

Court in a sealed envelope together with a Joint Affidavit of the LEA/MP

and the members of his/her team.21 (Annex “P”: Surveillance Form 16 –

Joint Affidavit on Collected Materials from TSP/ISP)

2. The LEA/MP shall have thirty (30) calendar days from receipt of the said

customer information, records, data, etc from the TSP/ISP to file the

appropriate complaint before the Prosecutor’s Office.22 If the LEA/MP

finds it necessary to use the deposited materials as evidence, he/she

shall request to the Public Prosecutor to apply with the issuing Court for

authority to access deposited materials and use the same as evidence.

3. After the lapse of thirty (30) calendar days, the LEA/MP shall inform the

issuing court of the fact that the appropriate charges have been filed at

the Prosecutor’s Office. If no case has been filed, the LEA/MP shall still

inform the issuing court of the fact that no case has been filed within the

same period, stating the reason for non-filing.23 (Use Surveillance Form 10

– In Re: Notice to Issuing Court of Legal Action Taken Based on

Surveillance attached as Annex “J”)

19 Second Paragraph, Section 16 of ATA and Rule 5.5 of the IRR 20 Rule 5.4 of the IRR 21 Rule 5.14 of the IRR 22 Third paragraph, Section 19 of ATA and Rule 5.11 of IRR 23 Fourth paragraph, Section 19 and Rule 5.12 of the IRR

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4. On the part of the Public Prosecutor, if he/she finds a sufficient basis that

a case must be filed, he/she shall secure a written authorization from the

ATC to file an application with the CA for authority to use the deposited

materials as evidence.24 (Annex “Q”: Surveillance Form 17 – Application

to ATC for Authorization to File with CA for Authority to Use the Deposited

Materials as Evidence)

5. If the ATC finds merit to the application, it shall issue the authority to the

Public Prosecutor to file with the issuing Court an application to access

the sealed package/envelope containing customer information,

identification records, call and text data records and content, and use

the same as evidence. (Use Surveillance Form 11 - ATC Authorization for

DOJ to Request Authority from the Issuing Court to Open and Use

Deposited Materials as Evidence attached as Annex “K”)

6. The Public Prosecutor shall file the petition before the CA to open and

use the contents of the deposited sealed envelope or sealed package

as evidence. The Public Prosecutor shall likewise inform the person whose

conversation, communication or message have been the subject of

surveillance.25 (Use Surveillance Form 12 – In Re: Petition to Use Deposited

Materials attached as Annex “L”)

Note: Any surveillance activity without a valid judicial authorization from

the CA is punishable by imprisonment of ten (10) years.

24 Section 22 of the ATA and Rule 5.19 of the IRR 25 Section 22 of the ATA and Rule 5.19 of the IRR

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A. When Applicable26

A suspected terrorist may be arrested without a judicial warrant in any of

the three (3) instances:

1. Suspect is attempting to commit, committing, or has just committed an

offense punishable under the ATA of 2020. 27

2. Suspect has just committed an offense and the LEA/MP has probable

cause to make the arrest based on personal knowledge of facts and

circumstances.28

3. A prisoner who has escaped from penal establishment or place where he

is serving final judgment for an ATA offense or is temporarily confined while

case for ATA is pending, or has escaped while being transferred from one

confinement to another.29

B. Important Things to Remember in Implementing Warrantless Arrest

A warrantless arrest may only be implemented in any of the three

circumstances mentioned above.

Any arrest or search not premised on the said three (3) instances may only

be conducted by the LEA/MP by virtue of a Warrant of Arrest or Search Warrant

issued by the court.

C. Guide in Implementing Warrantless Arrest

1. When the LEA/MP apprehends a person suspected of committing any

of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11

and 12 of ATA of 2020 without a Warrant of Arrest, he/she must notify in

writing within 48 hours from the time of arrest30 the following: (Annex “R”:

Form 1 Warrantless Arrest – Notice of Warrantless Arrest)

a. Judge of the court nearest the place of apprehension or arrest;

(Note: The notice to the judge must be personally delivered.31)

b. the CHR; and

c. the ATC.32 (Note: Must be notified within 24 hours)

26 Rule 9.2 of IRR of the ATA 27 Rule 113 of Rules of Court and Rule 9.2 (a) of IRR of the ATA 28 Rule 113 of the Rules of Court and Rule 9.2 (b) of IRR of the ATA 29 Rule 113 of the Rules of Court and Rule 9.2 (c) of IRR of the ATA 30 Rule 9.3 of the IRR 31 Rule 9.3 of the IRR 32 Second paragraph, Section 29 of ATA and Rule 9.5 of the IRR

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Note: Failure of the LEA/MP to notify the judge shall be punished with

ten (10) years imprisonment.

2. If there is a need to extend the pre-charge detention to more than thirty

six (36) hours but not more than 14 days, the LEA/MP must also submit

his/her Statement and Verified Request to the ATC, through the DOJ,

aside from the Notice of Arrest. The Sworn Statement and Verified

Request must state the details of the person suspected of committing

acts of terrorism and the relevant circumstances surrounding the arrest

as basis for taking custody of said person.33 (Annex “S”: Form 2

Warrantless Arrest – Sworn Statement and Verified Request of LEA/MP)

3. If the ATC grants the request, it shall issue a certification granting the

request of the LEA/MP.34 (Annex “T”: Form 3 Warrantless Arrest – ATC

Certificate of Authority to Conduct Custodial Investigation and Deliver

the Detainee to Proper Judicial Authority Within 14 Days)

Note: The ATC Authorization to detain a suspect for 14 days must be

secured within 36 hours from the arrest of the suspect. Otherwise,

the suspect must be presented to the Public Prosecutor for inquest.

Note further that continuous detention of a suspect for more than

36 hours without the required ATC authority shall be penalized with

imprisonment of at least ten (10) years, with administrative and civil

liabilities as well.

C.1. Extension of Period of Detention

1. If there is a need to extend the pre-charge detention to more than

fourteen (14) days from the time of the arrest of the suspect, the LEA/MP

shall again notify the following of the extension of detention three (3)

days prior to the expiration of the initial 14-day detention: (Annex “U”:

Form 4 Warrantless Arrest – Notice of Extension of Detention)

a. Judge of the court nearest the place of apprehension or arrest;

(Note: The notice to the judge must be personally delivered.);

b. the CHR; and

c. ATC.

2. The LEA/MP must also submit his/her Statement and Verified Request for

Extension of Detention to the ATC, through the DOJ, aside from the

Notice of Arrest. The Sworn Statement and Verified Request must state

the need to extend the detention to (i) preserve evidence related to

33 Second paragraph, Rule 9.1 of the IRR 34 Rule 9.1 of the IRR

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terrorism or complete the investigation; (ii) prevent the commission of

another terrorism; and (iii) the investigation is being conducted properly

and without delay.35 (Annex “V”: Form 5 Warrantless Arrest – Sworn

Statement and Verified Request for Extension of Detention)

3. If the ATC grants the request, it shall issue a certification to the LEA/MP

for the purpose.36 (Annex “W”: Form 6 Warrantless Arrest – ATC Certificate

of Authority to Extend Detention)

Note: In no case that the extension of detention shall exceed ten (10)

days from the end of the initial 14-day pre-charge detention.

Note further that the extension of detention without authority of

the ATC may be penalized with imprisonment as well as civil and

administrative liabilities.

C.2. Responsibilities of the LEA/MP and Head of Detention Facility

1. The Head of Detention Facility must inform the detained suspect of his

rights (List of Rights are found in Page 3 of the Notice of Warrantless Arrest

form) and ensure access of the following people:

a. lawyer; and

b. agencies, entities authorized by law to exercise visitorial powers over

detention facilities.37

2. The LEA/MP shall immediately contact the free legal assistance unit of

the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office

(PAO) if the person cannot afford the services of counsel of his/her

choice.38 (Annex “X”: Form 7 Warrantless Arrest – Notice to PAO or IBP)

Note: The LEA/MP may be punished with imprisonment of ten (10) years

if he/she violates Sections 29 (Detention Without Judicial Warrant

of Arrest) and Section 30 (Rights a Person under Custodial

Investigation)

35 Second paragraph, Rule 9.1 of the IRR 36 Rule 9.1 of the IRR 37 Third paragraph, Section 29 of the ATA and 9.6 of the IRR 38 Section 30 of the ATA and Rule 11.2 of the IRR

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OFFICIAL LOGBOOK FOR DETAINED SUSPECTED TERRORISTS

A. Contents of the Official Logbook

The law enforcement custodial unit whose taking custody of the person

suspected of committing acts of terrorism shall keep an Official Logbook

containing the following information:

a. name, description and address of the detained person;

b. date and exact time of his/her initial admission for custodial arrest

and detention;

c. name and address of the physician or physicians who examined

him/her physically and medically;

d. state of his/her health and physical condition at the time of his/her

initial admission for custodial detention;

e. date and time of each removal of the detained person from his/her

cell for interrogation or for any purpose;

f. date and time of his/her return to his/her cell;

g. name and address of the physician or physicians who physically and

medically examined him/her after each interrogation;

h. a summary of the physical and medical findings on the detained

person after each of such interrogation;

i. names and addresses of his/her family members and nearest

relatives;

j. names and addresses of persons who visit the detained person;

k. date and time of each of such visit;

l. date and time of each request of the detained person to

communicate and confer with his/her legal counsel;

m. date and time of each visit and departure of his/her legal counsel;

and

n. all other important events bearing on and all relevant details with

regard to the treatment of the detained person while under custodial

arrest and detention.39 (Annex “Y”: Form 8 Arrest – Logbook Guide for

ATA 2020 Detainees)

39 Section 32 of the ATA and Rule 11.5 of the IRR

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B. Who May Demand Copies of the Entries of Logbook

1. Upon demand of the lawyer, physician or any members of the family or

relatives within fourth civil degree of consanguinity and affinity of the

person detained (i.e first cousin, great great grandparent, great

aunt/uncle, grandnephew/niece), the law enforcement custodial unit

shall issue a certified true copy of the entries of the logbook subject to the

reasonable restrictions by the custodial facility.40

2. The certified true copy may be attested by the person who has custody of

the logbook or who allowed the party concerned to scrutinize it at the time

of the demand for the certified true copy is made.41 (Annex “Z”: Form 9

Arrest – Copy of the Certification from the Person Having Custody of the

Logbook)

Note: Failure to keep, maintain and allow access to the Official Custodial

Logbook shall be punished with imprisonment of ten (10) years.

FILING OF CHARGES AGAINST INDIVIDUAL TERRORISTS

AT THE REGIONAL TRIAL COURT

A. Terrorism Acts Punishable Under the ATA of 2020

The following are the acts of terrorism, with their corresponding elements,

punishable under the ATA of 2020 that law enforcers may file against a suspected

terrorist individual at the Regional Trial Court:

Note: An individual may be charged with acts of terrorism defined and

penalized under the ATA of 2020 even if his/her organization has yet

to be proscribed or designated as terrorist organizations.

1. Acts of Terrorism (Section 4) – a person may be charged with acts of

terrorism under Section 4 if the following elements are present:

a. if a person commits the following acts within or outside the

Philippine territory, regardless of the stage of execution

(i.e. consummated, frustrated or attempted)

i. acts intended to: (1) cause death or serious bodily injury

to another person; or (2) endangers a person’s life; or

40 Second paragraph, Section 32 of the ATA and Third paragraph of Rule 11.5 of the IRR 41 Second paragraph, Section 32 of the ATA and Third paragraph of Rule 11.5 of the IRR

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ii. acts intended to cause extensive damage or destruction to

a government or public facility, public place or private

property; or

iii. acts intended to cause extensive interference with, damage

or destruction to critical infrastructure; or

iv. develops, manufactures, possesses, acquires, transports,

supplies or uses weapons, explosives or of biological, nuclear,

radiological or chemical weapons; or

v. release of dangerous substances, or causing fire, floods or

explosions.

b. the purpose of any of the acts mentioned above, by its nature and

context, is to:

i. intimidate the general public or a segment thereof; or

ii. create an atmosphere or spread a message of fear; or

iii. provoke or influence by intimidation the government or any

international organization; or

iv. seriously destabilize or destroy the fundamental political,

economic, or social structures of the country; or

v. create a public emergency or seriously undermine public

safety.

Note: The following are not considered acts of terrorism if they are

not intended to cause death or serious physical harm to a person; to

endanger a person’s life; or to create a serious risk to public safety:

i. advocacy;

ii. protest;

iii. dissent;

iv. stoppage of work;

v. industrial or mass action; or

vi. creative, artistic and cultural expressions; or

vii. other similar exercises of political or civil rights.

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2. Threat to Commit Terrorism (Section 5) – a person may be charged

with Threat to Commit Terrorism if he threatens to commit any of the

acts mention in Section 4. There is threat to commit terrorism when:

a. an intent to commit terrorism as defined in Section 4 is

communicated to another person or entity;

b. the intent to commit terrorism is communicated through any

means used; and

c. threat is communicated under circumstances which indicate

its credibility.

3. Planning, Training, Preparing, and Facilitating the Commission of

Terrorism (Section 6) - a person may be charged under Section 6 if

he/she:

a. participates in the following for the commission of terrorism:

i. planning; or

ii. training such as giving of instruction or teaching designed

to impart a specific skill in relation to terrorism; or

iii. preparation; or

iv. facilitation of the commission of terrorism.

b. possesses objects with knowledge and intent that these are to

be used in the preparation for the commission of terrorism; or

c. collects or makes documents with knowledge and intent that

these are to be used in the preparation for the commission of

terrorism.

4. Conspiracy to Commit Terrorism (Section 7) – any person who

conspire to commit terrorism shall be punished under the law. There

is conspiracy to commit terrorism as defined in Section 4 if the

following elements are present:

a. when two (2) or more persons come to an agreement

concerning the commission of terrorism; and

b. decide to commit acts of terrorism.

5. Proposal to Commit Terrorism (Section 8) - any person who proposes

to commit terrorism as defined in Section 4 may be charged under

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Section 8. There is proposal to commit terrorism when the following

elements are present:

a. when a person has decided to commit acts of terrorism as

defined in Section 4; and

b. proposes its execution to another.

6. Inciting to Commit Terrorism (Section 9) - a person may be charged

with Inciting to Commit Terrorism if the following elements are

present:

a. without taking any direct part in the commission of terrorism;

b. incite others to commit the execution of any acts of terrorism

as defined in Section 4;

c. means to incite others may be through the following:

i. speeches; or

ii. proclamation; or

iii. writings; or

iv. emblems; or

v. banners; or

vi. other representations; and

d. the incitement is done under circumstances that show

reasonable probability of success in inciting the commission of

terrorism. (See Rule 4.9 of the IRR in determining reasonable

probability)

7. Recruitment to a Terrorist Organization (Section 10) – a person may

be charged with violation of Section 10 if the following elements are

present:

a. intentionally or knowingly recruit another;

b. the recruitment of another is for the purpose of participating

in, joining, committing to, and/or supporting terrorism or a

terrorist individual, or any terrorist organization, association, or

group of persons; and

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c. the terrorist organization, association, or group of persons is

either:

i. proscribed under Section 26 of the ATA of 2020; or

ii. designated by the United Nations Security Council (UNSC)

as a terrorist organization; or

iii. organized for the purpose of engaging in terrorism.

8. Membership in a Terrorist Organization (Section 10) – there is

membership to terrorist organization if the following elements

concur:

a. a person voluntarily and knowingly joins any organization,

association, or group of persons; and

b. the organization, association, or group of persons is either:


ii. designated by the UNSC as a terrorist organization; or

iii. organized for the purpose of engaging in terrorism as

defined in Section 4 of the ATA of 2020.

9. Organizing or Facilitating Travel for Purposes Related to the

Commission of Terrorism (Section 10) – a person may be charged

with violation of Section 10 if the following elements are present:

a. he/she organizes, or facilitates, or finances the travel of

another person to a state other than his state of residence or

nationality;

b. the purpose of such travel is either to:

i. recruit to a terrorist organization; or

ii. perpetrate, plan, train, prepare for, or participate in

terrorism; or

iii. provide or receive terrorist training.

c. the act of organizing, facilitating or financing the travel may be

committed through any of the following means:

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i. recruiting a person to serve in any capacity in or with an

armed force in a foreign state, whether the armed force

forms part of the armed forces of the government of that

foreign state or otherwise; or

ii. publishing an advertisement or propaganda for the

purpose of recruiting a person to serve in any capacity in

or with such an armed force; or

iii. publishing an advertisement or propaganda containing

any information relating to:

(1) the place at which, or the manner in which, persons

may apply to serve or obtain information relating to

service in any capacity in or with such armed force; or

(2) the manner in which persons may travel to a foreign

state for the purpose of serving in any capacity in or

with such armed force.

iv. performing any other act with the intention of facilitating

or promoting the recruitment of persons to serve in any

capacity in or with such armed force.

10. Foreign Terrorists (Section 11) – Foreign terrorists may be charged in

domestic courts under Section 11 if he commits the following

unlawful acts:

a. travels or attempts to travel to a state other than his/her state of

residence or nationality for the purpose of:

i. perpetrating, planning, or preparing for, or participating in

terrorism; or

ii. providing or receiving terrorist training; or

b. any person residing abroad to come to the Philippines for the

purpose of:

i. perpetrating, planning, training, or preparing for, or

participating in terrorism; or

ii. providing support for, or facilitating, or receiving terrorist

training here in the country or abroad.

Note: The Philippines shall exercise jurisdiction over foreign

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terrorists only when such foreigner enters or is inside the

territory of the Philippines.

11. Providing Material Support to Terrorists (Section 12) – Any person may

be charged with violation of Section 12 if the following elements are

present:

a. he/she provided material support to any terrorist individual or

terrorist organization, association or group of persons

committing terrorism as defined in Section 4;

b. the terrorist organization, association, or group of persons is

either:


ii. designated by the United Nations Security Council (UNSC)

as a terrorist organization; or

iii. organized for the purpose of engaging in terrorism; and

c. there is knowledge on the part of the person providing support

that such individual or organization, association, or group of

persons is committing or planning to commit such act.

Material support shall refer any property, whether tangible or

intangible, or service including the following:

i. currency, or monetary instrument, or financial securities;

ii. financial services;

iii. lodging;

iv. training;

v. expert advice or assistance including information

related to movement and activities of government

forces, or to the situation surrounding the areas that are

possible targets and basis of terrorist attack;

vi. safe houses;

vii. false documentation or identification;

viii. communications equipment;

ix. facilities;

x. weapons;

xi. lethal substances;

xii. explosives;

xiii. personnel; and

xiv. transportation.

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Note: Humanitarian activities undertaken by the International

Committee of the Red Cross (ICRC), the Philippine Red Cross

(PRC), and other state-recognized impartial humanitarian

partners or organizations are exempted from the implementation

of Section 12.

12. Accessory (Section 14) – A person may be charged for being an accessory

to the crime of terrorism if the following elements are present:

a. he/she has knowledge of the commission of any of the crimes

defined and penalized under Section 4 of ATA;

b. he/she did not participate in the commission of such act;

c. he/she later takes part in the commission of the crime by:

i. profiting himself or assisting the offender to profit by the effects

of the crime; or

ii. concealing or destroying the body of the crime, or the effects, or

instruments thereof, in order to prevent its discovery; or

iii. harboring, concealing or assisting in the escape of the principal

or conspirator of the crime.

B. What to Remember in Filing Charges against Suspected Terrorist

In filing charges against suspected terrorist individuals, the LEA or MP must

determine two things:

First: What offense has been committed by the suspected terrorist under

the ATA of 2020; and

Second: All the elements of such offense must be present.

Note: The LEA/MP may face criminal, civil and administrative charges for

maliciously filing a groundless or false charge against any person.

C. Filing Charges at the Regional Trial Court

1. After determining what provision in the ATA was violated and finding

that all elements of such offense are present, the LEA/MP may then proceed with

the filing of the complaint against any suspected terrorist individual at the Public

Prosecutor’s Office.

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2. The LEA/MP must attach to the complaint the sworn

statements/affidavits of the witnesses and other supporting documents he/she

may produce. In case there is a need to restrict the movement of the suspect,

the LEA/MP must include in the complaint a request for the issuance of the

Precautionary Hold Departure Order (PHDO).

3. If the complaint filed by the LEA/MP contains a request for the

issuance of a Precautionary Hold Departure Order, the investigating prosecutor

shall determine if there is a need and basis for such. If the investigating prosecutor

determines there is a need for the issuance of a PHDO, the investigating

prosecutor shall file with the appropriate RTC a motion for the issuance of a PHDO

even while the inquest or preliminary investigation is ongoing.

4. If the investigating prosecutor determines that there is probable

cause, the investigating prosecutor shall prepare the proper information for filing

with the appropriate Regional Trial Court.

5. As previously mentioned, prior to the filing of the Information at the

RTC for any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of ATA of 2020, the

LEA/MP may also move for the investigating prosecutor to apply for the issuance

of a precautionary hold departure order (PHDO) against the respondent upon a

preliminary determination of probable cause at the RTC.42

42 Section 34 of the ATA

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PROHIBITED ACTS AND THEIR PENALTIES

The following are the prohibited acts and their respective penalties under

the ATA of 2020:

1. Any person, LEA or MP who conducts surveillance activities without a

valid judicial authorization from the CA shall suffer the penalty of

imprisonment of ten (10) years.43

2. Any person who removes, deletes, expunges, incinerates, shreds or

destroys any tapes, discs, other storage devices recordings, notes,

memoranda, summaries, excerpts and all their copies gathered from

surveillance, recording or interception of communications shall suffer

the penalty of imprisonment of ten (10) years.44

3. It shall be unlawful for any person, LEA or MP to omit or exclude any

item or portion mentioned in Section 21 from the Joint Affidavit

pertaining to the custody of intercepted and recorded

communications that shall be deposited with the issuing CA. Any

person, LEA or MP who violates the said section shall suffer the penalty

of imprisonment of ten (10) years.45

4. Any person, LEA or MP who opens, discloses, reveals or uses as

evidence any tapes, discs, other storage devices recordings, notes,

memoranda, summaries, excerpts contained in a sealed envelope

deposited at the issuing CA without the latter’s written order authorizing

the opening, disclosure, revelation or using as evidence of said

materials shall be penalized by imprisonment of ten (10) years.46

5. The penalty of ten (10) years shall be imposed upon the LEA or MP who

fails to immediately notify any judge of the court nearest the place of

apprehension or arrest of a person suspected of committing terrorism

or any member of a group of persons proscribed as terrorist

organizations.47

6. The LEA or MP shall be penalized pursuant to Article 125 of the Revised

Penal Code if he/she shall detain a person suspected of committing

acts of terrorism as defined and penalized under the ATA of 2020

without the authorization from the ATC. 48

43 Section 24 of the ATA 44 Second and Third paragraphs, Section 20 of the ATA 45 Second and Third paragraphs, Section 21 of ATA 46 Section 22 of ATA 47 Third paragraph, Section 29 of the ATA 48 Rule 9.1 of the IRR

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7. The penalty of imprisonment of ten (10) years shall be imposed upon

any LEA or MP who has violated the rights of persons under their custody

as provided for in Sections 29 and 30 of the ATA of 2020.49


law enforcement custodial unit who fails to keep, maintain and allow

access to the Official Custodial Logbook.50

9. The use of torture and other cruel, inhumane and degrading treatment

or punishment at any time during the investigation or interrogation of a

detained suspected terrorist shall be penalized under Republic Act

9745 otherwise known as the “Anti-Torture Act of 2009”.51


any public officer, LEA or MP who has direct custody of a detained

person, who, by his deliberate act, misconduct or inexcusable

negligence causes or allows the escape of such detained person.52

11. The penalty of imprisonment of six (6) years shall be imposed upon any

person who knowingly furnishes false testimony, forged document or

false evidence in any investigation or hearing conducted in relation to

any violations of the ATA of 2020.53

49 Section 31 of the ATA 50 Third paragraph of Section 32 of the ATA 51 Section 33 of the ATA 52 Section 42 of the ATA 53 Section 43 of the ATA

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FREQUENTLY ASKED QUESTIONS

The following are some of the frequently asked questions of law enforcers

and military personnel as regards the implementation of the ATA of 2020:

Question #1 : Can previous publications (ex. books, documents and

pamphlets) of suspected terrorists be used in filing terrorism

cases against them?

Answer : It depends on the contents of the publication and how and

when they were used. If the publication contain materials

(1) inciting others to commit terrorism, (2) are used to recruit

others to be members of proscribed or UN-designated terrorists

organizations, or (3) used for planning, preparing, facilitating

or training to commit acts of terrorism, and they are used on

or after July 18, 2020 (effectivity date of the ATA 2020), these

materials can be used as evidence for filing appropriate

criminal cases against suspected terrorists.

Question #2 : Can the law enforcers / military personnel based in Metro

Manila file their application for surveillance in the NCR if their

targets are in Mindanao?

Answer : Yes. Terrorism is considered a “continuing or transitory

offense”55, hence, may be heard or prosecuted at the place

where any of the essential elements of the crime took place.

Thus, law enforcers/military personnel may apply for

surveillance in the NCR even if their targets are in Mindanao or

other part of the country.

Furthermore, the applications for Surveillance Authority are

under the jurisdiction of the Court of Appeals whose territorial

jurisdiction is nationwide.

Question #3 : Can pieces of evidence gathered through “illegal means"

(through intelligence operations) be used as attachments

(justifications) in the application for surveillance?

Answer : No. Evidence gathered through “illegal means” may not be

used as attachments in application for surveillance as they are

inadmissible in court and considered as “fruit of the poisonous

55Continuing or Transitory Offense: An offense where some acts material and essential to

the crime and requisite to its consummation occur in one province, and some in another.

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tree” or evidence gathered through illegal means. Similarly,

intelligence reports may not be admitted in evidence as they

are treated as mere “hearsay” by our courts. However,

intelligence reports may be used by law enforcers and military

personnel as “lead” in its evidence gathering.

Question #4 : Is there a need to give real identities of Action Agents (AAs) or

witnesses when filing for application for surveillance?

Answer : Yes. The ATA of 202056 requires that the applicant and

witnesses must give their true identities especially so that the

Court of Appeals (CA) shall specify in the written order to

conduct surveillance the identity of the law enforcement

agent or military personnel, including the individual identity of

the members of his team, judicially authorized to undertake

the surveillance.57

Moreover, law enforcers or military personnel may be

punished for any untruthful statements in their application for

surveillance submitted in the CA.

It is important to note though that ALL APPLICATIONS and

ORDERS for surveillance are legally deemed CONFIDENTIAL

thus only a limited number of people can have access to it.

Question #5 : Can a specific operating unit utilize the same surveillance

team for all its applications for surveillance and

other documents with the ATC?

Answer : Yes. There is nothing in the ATA of 2020 that prohibits

an operating unit from applying and conducting surveillance

more than once. In the same vein, there is nothing in the law

that prohibits the use of the same document as attachment in

a different application for surveillance provided that such

document was validly obtained and can substantially support

the application of the law enforcers or military personnel.

56 Section 17 (b) – after examination under oath or affirmation of the applicant and the

witnesses he/she may produce, the issuing court determines: xxx

57 Section 18 (b) – The written order of the authorizing division of the Court of Appeals shall

specify the following xxx the identity of the law enforcement agent or military personnel,

including the individual identity of the members of his team, judicially authorized to

undertake the surveillance.

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Question #6 : Under RA 11479, can military personnel already file “Notice of

Warrantless Arrest” and “Verified Request” because under the

current situation, the military personnel usually turn over their

arrested suspects to the PNP/law enforcement agent for

proper disposition.

Answer : Yes. The ATA of 2020 requires law enforcers and military

personnel conducting a valid warrantless arrest to

immediately inform in writing the judge of the court nearest the

place of arrest, the CHR and the ATC the fact of such arrest.58

The law does not make any distinction thus there is no need for

the AFP to turn over to the PNP the ATA suspect arrested

without a warrant. But note that the military personnel shall be

bound by all the safeguards and requirements for a valid

warrantless arrest under the law and shall be liable for its non-

compliance.

Question #7 : Can the military also conduct arrest even without the presence

of law enforcers? Does the military have to turn over the

arrested person to law enforcement agencies?

Answer : Yes. Military personnel may arrest a person suspected of

committing violations defined and penalized under the ATA of

2020 pursuant to Section 5, Rule 113 of the Rules of Court.59

Section 29 of the ATA of 2020 also allows the military personnel

to take custody of the person suspected of committing

terrorism acts and deliver such person to the proper judicial

authorities within the proper period provided under the ATA

and its IRR (i.e. 36 hours if without ATC authorization; fourteen

calendar (14) days if with ATC Authority; and additional 10

days if with proper Court Authority)counted from the moment

the said suspected person has been apprehended or arrested,

detained and taken into custody.

58 Section 29 (Detention Without Judicial Warrant of Arrest) of ATA of 2020 59Rule 113. Section 5. Arrest without warrant; when lawful – a peace officer or a private person,

may without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is

attempting to commit an offense;

b. When an offense has just been committed, and he has probable cause to believe based on

personal knowledge of facts or circumstances that a person to be arrested has committed it;

and

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or

place where he is serving final judgment or is temporarily confined while his case is pending,

or has escaped while being transferred from one confinement to another.”

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TABLE OF ANNEXES

ANNEX “A” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR A

SURVEILLANCE AUTHORITY

ANNEX “B” . . . . . . . . . . . . . . . REQUEST FOR AUTHORITY TO FILE

APPLICATION FOR SURVEILLANCE

AUTHORITY FROM THE COURT OF

APPEALS

ANNEX “C” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE

APPLICATION FOR SURVEILLANCE

AUTHORITY WITH THE COURT OF

APPEALS

ANNEX “D” . . . . . . . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL

AUTHORITY TO CONDUCT

SURVEILLANCE

ANNEX “E” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR

EXTENSION OF SURVEILLANCE

ANNEX “F” . . . . . . . . . . . . . . .REQUEST FOR AUTHORITY TO FILE

APPLICATION TO EXTEND PERIOD

OF SURVEILLANCE

ANNEX “G” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE

APPLICATION FOR EXTENSION OF

SURVEILLANCE AUTHORITY TO THE

COURT OF APPEALS

ANNEX “H” . . . . . .. . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL

AUTHORITY FOR EXTENSION OF

PERIOD TO CONDUCT

SURVEILLANCE

ANNEX “I” . . . . . . . . . . . . . . . . . . JOINT AFFIDAVIT ON COLLECTED

MATERIALS FROM AUTHORIZED

SURVEILLANCE

ANNEX “J” . . . . . . . . . . . . . . . . . . . . . NOTICE TO ISSUING COURT OF

LEGAL ACTION TAKEN BASED ON

SURVEILLANCE

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ANNEX “K” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO

APPLY FOR SURVEILLANCE

AUTHORITY

ANNEX “L” . . . . . . . . . . . . . . . . . . . . . . . PETITION TO USE DEPOSITED

MATERIALS AS EVIDENCE

PURSUANT TO A JUDICIAL

AUTHORITY TO CONDUCT

SURVEILLANCE

ANNEX “M” . . . . . . . . . . . . . . . . . . . . . AUTHORITY TO APPLY FOR

ISSUANCE OF AN ORDER TO

COMPEL TSP/ISP TO PRODUCE

CUSTOMER RECORDS ETC

ANNEX “N” . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO FILE

APPLICATION TO COMPEL TSP

AND ISP TO PRODUCE

INFORMATION, DATA, RECORDS

ETC

ANNEX “O” . . . . . . . . . . . . . . . . . . . . . APPLICATION FOR JUDICIAL

AUTHORITY TO COMPLE, TO

PRODUCE CUSTOMER

INFORMATION ETC

ANNEX “P” . . . . . . . . . . . . . . . . . . JOINT AFFIDAVIT ON COLLECTED

MATERIALS FROM ISP/TSP

ANNEX “Q” . . . . . . . . . . . . . . . REQUEST FOR AUTHORITY TO FILE

APPLICATION TO ACCESS AND

USE DEPOSITED MATERIALS WITH

THE COURT OF APPEALS

ANNEX “R” . . . . . . . . . . . . . . . . . . . . . . NOTICE OF WARRANTLESS ARREST

(In accordance with Sec. 29 of

R.A. No. 11479 otherwise known as

the Anti-Terrorism Act of 2020)

ANNEX “S” . . . . . . . . . . . . . . . . . . . . . SWORN STATEMENT AND VERIFIED

REQUEST (TO CONDUCT CUSTODIAL INVESTIGATION AND DELIVER THE DETAINEE FOR PROPER JUDICIAL

AUTHORITY WITHIN 14 DAYS IN

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ACCORDANCE WITH SECTION 29

OF THE ATA 2020)

ANNEX “T” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY

TO CONDUCT CUSTODIAL

INVESTIGATION AND DELIVER THE

DETAINEE FOR PROPER JUDICIAL

AUTHORITY WITHIN 14 DAYS

ANNEX “U” . . . . . . . . . . . . . . . . . . . . . NOTICE OF EXTENSION OF

DETENTION

ANNEX “V” . . . . . . . . . . . . . . . . . . . SWORN STATEMENT AND VERIFIED

REQUEST (TO EXTEND THE

CONDUCT OF CUSTODIAL

INVESTIGATION AND DETAIN THE

PERSON FOR ANOTHER TEN (10)

DAYS IN ACCORDANCE WITH

SECTION 29 OF THE ATA 2020)

ANNEX “W” . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF AUTHORITY TO

EXTEND DETENTION OF PERSON

FOR ANOTHER 10 DAYS

TO CONDUCT CUSTODIAL

INVESTIGATION

ANNEX “X” . . . . . . . . . . . . . . . . . . . . . . NOTICE TO PAO/IBP

ANNEX “Y” . . . . . . . . . . . . . . . . . . LOGBOOK GUIDE FOR ATA 2020

DETAINEES

ANNEX “Z” . . . . . . . . . . . . . . . . . . . CERTIFICATION FROM DETENTION

FACILITY

guide for law enforcement agents and military …

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