MANILA — The Supreme Court (SC) has mandated that law enforcement agents and military personnel should secure a prior written surveillance order from the Court of Appeals (CA) to be able to wiretap and collect private communications between proscribed terrorist organizations.

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The provision on wiretapping is among the rules on the Anti-Terrorism Act of 2020 which was approved by the SC in an en banc resolution dated December 5, 2023 and will take effect on January 15, 2024.

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The rules laid down the procedures to be followed by persons or organizations who seek to obtain judicial relief from the designation as terrorist by the Anti-Terrorism Council and the issuance of freeze order by the Anti-Money Laundering Council.

“Under the rules, the ATC may, in its application for a surveillance order, pray for the issuance of a data preservation order to compel any service provider to preserve all existing data pertaining to subscriber information, traffic data, and communication content data of any person or entity subject of the surveillance,” the SC said in a statement.

The SC also said that detention of a person suspected of committing any of the acts defined and penalized under the anti-terror law cannot exceed the period provided under Article 125 of the Revised Penal Code unless authorized in writing by the ATC for a period of up to 14 calendar days and by a designated Regional Trial Court for a period of not more than 10 calendar days.

Under Article 125, penalties shall be imposed upon a public officer who detained a person and failed to deliver such person to the proper authorities within 12 to 36 hours, depending on the crimes committed.

“The use of torture and other cruel, inhumane, and degrading treatment or punishment during investigation or interrogation is prohibited."

Other rules include procedures on filing by an investigating prosecutor for a precautionary hold departure order against a suspected terrorist before a regional trial court where the alleged crime was committed.

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The rules also provide for a court-appointed guardian to protect the rights of the elderly, pregnant women, persons with disability and children.

The SC also noted that parties may avail existing judicial remedies.

“The parties can likewise avail of other existing remedies, such as the writs of habeas corpus, amparo, and habeas data, and appeals to the Supreme Court when appropriate,” the SC said.

The court said violation of the rules shall be a ground for contempt.