30/07/2019 Republic Act No. 9372 | Official Gazette of the Republic of the Philippines SEC. 33. Disposition of Bank Materials. — The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classi ed information and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice led before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to le the application, with notice in writing to the party concerned not later than three days before the scheduled opening, to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence. Any person, law enforcement o cial or judicial authority who violates his duty to notify in writing as de ned above shall suffer the penalty of six years and one day to eight years of imprisonment. SEC. 34. Application to Open Deposited Bank Materials. — The written application, with notice in writing to the party concerned not later than three days of the scheduled opening, to open the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed envelope or sealed package; (b) for revealing and disclosing its classi ed contents; and, (c) for using the classi ed information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents as evidence. SEC. 35. Evidentiary Value of Deposited Bank Materials. — Any information, data, excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism: (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of such organization, association, or group of persons, which have been secured in violation of the provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing. SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. — Any person, police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or nancial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of persons; or (3) a member of such organization, association, or group of persons, without being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. https://www.officialgazette.gov.ph/2007/03/06/republic-act-no-9372/ 16/26