30/07/2019 Republic Act No. 9372 | Official Gazette of the Republic of the Philippines In case of death of the applicant or in case he is physically disabled to execute the required a davit, the one next in rank to the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals shall execute with the members of the team that required a davit. It shall be unlawful for any person, police o cer or any custodian of the tapes, discs and recording, and their excerpts and summaries, written notes or memoranda to copy in whatever form, 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 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. 12. Contents of Joint A davit. — The joint a davit of the police or of the law enforcement o cial and the individual members of his team shall state: (a) the number of tapes, discs, and recordings that have been made, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda, if any, made in connection therewith; (b) the dates and times covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit; and (d) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to le the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the date of any extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals. The joint a davit shall also certify under oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all such duplicates and copies are included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing division of the Court of Appeals. It shall be unlawful for any person, police or law enforcement o cial to omit or exclude from the joint a davit any item or portion thereof mentioned in this Section. Any person, police or law enforcement o cer who violates any of the acts prescribed in the preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of imprisonment. https://www.officialgazette.gov.ph/2007/03/06/republic-act-no-9372/ 6/26