32 Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders 48 hours after the period fixed in the written order. All recordings made (in whatever form) and excerpts and summaries thereof and notes or memoranda are required to be placed in a sealed package and accompanied by a joint affidavit of the applicant law enforcement officer and members of his or her team.207 No duplicate copies may be made of the materials gathered from the surveillance.208 The sealed package and the contents therein deposited with the Court of Appeals are deemed classified information, and ”shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasijudicial, legislative, or administrative investigation, inquiry, proceeding, or hearing”.209 The sealed package may only be opened and the contents therein divulged upon a written order from the Court of Appeals. The written order may only be granted after a written application from the Department of Justice (DOJ), which has to show that it has been authorized in writing to do so by the Anti-Terrorism Council. The person subject of the surveillance shall be notified of the application in writing. The law enforcement officer who fails to notify the subject of the surveillance shall suffer the penalty of 6 to 8 years’ imprisonment.210 Any information gathered from the surveillance is inadmissible as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.211 Any charge against the subject of the surveillance related to the surveillance must be brought within 30 days after the termination of the period of surveillance set out in the written order of the Court of Appeals. If no case is filed within the 30-day period, the subject of the surveillance must be notified of the surveillance. If the subject is not notified, the law enforcement officer may be subject to a penalty of imprisonment from 10 to 12 years.212 Immediately after apprehending or arresting a person as a result of the authorized surveillance, law enforcement officers shall notify in writing a judge of the court nearest the place of apprehension or arrest. However, in contravention of Article 9(3) of the ICCPR, law enforcement officers are not required to bring the arrested person promptly before the competent judicial authorities to be charged. They may detain the person for a period of up to three days prior to presenting him before a judge. 213 Within a period of three days, law enforcement officers must present the person arrested before any judge nearest the place of the arrest. The judge has the duty to ascertain the identity of the law enforcement officers, the person arrested, and the reason for the arrest. The judge also has the duty to check for signs or indications of torture – whether physical or psychological – of the arrested person. The judge shall make a written report on this matter.214 A law enforcement officer who fails to bring an arrested person before the proper judicial authorities within a period of three days shall be subject, upon conviction, to ten to twelve years’ imprisonment.215 In situations where there is an actual or imminent terrorist attack, detention of the person arrested may be extended for more than three days upon the written approval of a judge or the Commission on Human Rights of the Philippines (CHRP).216 Immediately upon his arrest, the person arrested shall be informed of his or her rights as required under Section 12(1) of the Constitution to remain silent and to counsel.217 The law explicitly states that no torture, coercion, or any form of cruel, inhuman, or degrading treatment, shall be inflicted upon the detained person during investigation or interrogation.218 Any law enforcement officer found guilty of violating the rights of the accused as provided in the law shall be subject to a term of imprisonment of ten to twelve years. 207 208 209 210 211 212 213 214 215 216 217 Section 11 of the Human Security Act. Section 12 of the Human Security Act. Section 15 of the Human Security Act. Section 13 of the Human Security Act. Section 15 of the Human Security Act. Section 10 of the Human Security Act. Section 18 of the Human Security Act. Section 18 of the Human Security Act. Section 20 of the Human Security Act. Section 19 of the Human Security Act. Section 21 of the Human Security Act . Article III, Section 12(1) of the Philippine Constitution provides: Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 218 Section 24 of the Human Security Act.