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Anti-Terrorism Act of 2005, Sections 13, 18-21 (Bill)

SECTION. 13. Prosecution, Judgment and/or Conviction- Any person may be charged with or convicted of acts of terrorism without prejudice to the prosecution of any other act or acts penalized under the Revised Penal Code which are not absorbed in the offense of terrorism.

When there is a variance between the act of terrorism charged in the complaint or information, and that proved or established by the evidence, the accused shall be convicted of the offense proved included in the charge of terrorism if the intent to sow danger, panic, fear or chaos to the general public or a group of persons or particular  persons, or to coerce or intimidate the government to do or to abstain from doing an act terror or intimidate or coerce the government or the public was not proven during the trial. No person, however, shall be twice put in jeopardy of punishment for the same offense.

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SECTION 18. Prosecution of and Jurisdiction Over Cases Involving Acts of Terrorism. – The Regional Trial Courts shall have jurisdiction to try all offenses punishable under this Act.

Any person may be charged with or convicted of any offense punishable under Sections 4, 5, 6 and 7 of this Act without prejudice to the prosecution of any act or acts penalized under the Revised Penal Code or other special laws provided that such acts or acts are not absorbed in the offense charged.

When there is a variance between the offense charged in the complaint or information, and that proved or established by the evidence, the accused shall be convicted of the offense proved included in the charge of the intent to create or sow a state of danger, panic, fear or chaos to the general public or a segment thereof was not proven during the trial. No person, however, shall be twice out in jeopardy of punishment for the same offense.

SECTION 19. Non Applicability of Probation and Plea-Bargaining. – The provisions of the Probation Law or Presidential Decree No. 968, as amended, shall not be applicable for offenses punishable under this Act. Neither shall the provisions on plea bargaining provided for in the Rules of Court be made applicable to offenses punishable by this Act.

SECTION 20. Anti-Terrorism Council. – There is hereby created an Anti-Terrorism Council, hereinafter referred to as the “Council,” which shall serve as the central policy‑ making, coordinating, supervising and monitoring body of the government on all matters of domestic and international terrorism. The Council shall be under the supervision and control of the President, who shall serve as its chairperson, with the National Security Adviser as its vice-chairperson, and with the following members: Secretary of Justice; Secretary of Foreign Affairs; Secretary of National Defense; Secretary of the Interior and local Government; Secretary of Transportation and Communications; Director General of the National Intelligence Coordinating Agency; and such of the members that may be designated by the President.

The Council shall keep records of its proceedings and decisions, and such records shall be subject  to such security classifications as the Council may, in its sound discretion, direct to safeguard the national interest.

The Council shall organize an Anti-Terrorism Command Center, hereinafter referred to as the “Center,” which shall carry out and implement policies of the Council.

The Center shall likewise serve as the secretariat for the Council from the existing government agencies involved on anti-terrorism efforts.

The Council shall, not later than one hundred eighty (180) days after the effectivity of the  Implementing Rules and Regulations, formulate and come up with a comprehensive and effective anti-terrorism plan and program to deter and prevent acts of terrorism, to include, among others, exhaustive preparations necessary for the government and the country to cope with all forms of terrorist attacks such as, but not limited to, the use of biological, chemical or nuclear weapons, or other weapons of mass destruction.

SECTION 21. Functions of the Council. – In pursuit of its mandate under Section 19, the council shall have the following functions:

  1. Formulate policies, plans and measures, and conduct research and studies in addressing terrorism;
  2. Formulate a comprehensive program and establish institutional mechanisms implementing the same;
  3. Coordinate and supervise the implementation of policies, plans and measures to prevent and suppress acts of terrorism;
  4. Direct and monitor the conduct of anti-terrorism and counter-terrorism measures and post-conflict actions to address the effects of terrorism;
  5. Cause or direct the immediate investigation and speedy prosecution of cases involving acts of terrorism and monitor the progress of such cases;
  6. Transfer the conduct of investigation of specific cases from one law enforcement agency to another;
  7. Establish a comprehensive data-base information systems on anti‑terrorism and counter- terrorism operations and post conflict actions;
  8. Approve the system of grant of monetary rewards and incentives to informants who are willing to give vital information to build up cases for the prosecution of those who committed acts of terrorism;
  9. Recommend the inclusion of vital witnesses under the Witness Protection, Security and Benefits Program;
  10. Exercise such other relevant functions as may be assigned by the President.

link to the complete text of the Anti-Terrorism Act: Philippines-Anti-Terrorism Act-2005-eng

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