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therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows: (1) Life imprisonment and a fine ranging from P400,000.00 to P500,000.00, if the quantity of methamphetamine hydrochloride or "shabu" is 10 grams or more but less than 50 grams; (2) Imprisonment of 20 years and 1 day to life imprisonment and a fine ranging from P400,000.00 to P500,000.00, if the quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or 300 grams or more but less than 500 grams of marijuana; and (3) Imprisonment of 12 years and 1 day to 20 years and a fine ranging from P300,000.00 to P400,000.00, if the quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than 300 grams of marijuana. Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of 6 months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from 6 years and 1 day to 12 years and a fine ranging from P50,000.00 1
REPUBLIC ACT NO. 9165 "Comprehensive Dangerous Drugs Act of 2002" Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from 12 years and 1 day to 20 years and a fine ranging from P100,000.00 to P500,000.00 shall be imposed upon: (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same Section 11. Possession of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from P500,000.00 to P10,000,000.00 shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: (1) 10 grams or more of opium; (2) 10 grams or more of morphine; (3) 10 grams or more of heroin; (4) 10 grams or more of cocaine or cocaine hydrochloride; (5) 50 grams or more of methamphetamine hydrochloride or "shabu"; (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and (8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
P200,000.00: Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. Section 66. Suspension of Sentence of a FirstTime Minor Offender. – An accused who is over 15 years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than 18 years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and (c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from 6 months to 18 months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOHaccredited physician for at least 6 months, with after-care and follow-up program for not more than 18 months. In the case of minors under1 15 years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section. 2
PD 705 Revised Forestry Code of the Philippines Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. The Court shall further order the confiscation in favor of the government of the timber or forest products to cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and the forfeiture of his improvements in the area. The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may bring against the offender. Republic Act No. 8294 "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION… OF FIREARMS, AMMUNITION ...” Section 2. Par. 3 "When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance.” Republic Act 8369 “Family Courts Act of 1997” Sec. 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: a) Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age but not less than 9 years of age or where one or more of the victims is a
As used in this Act. -The mitigating circumstance that there was no intention to commit so grave a wrong shall not apply. Knowingly aids or protects pirates 2. REPUBLIC ACT No. neglect. 3. such as food and shelter. 8049 “ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES.e. . (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife. w/n member of the fraternity. (b) "Child abuse" refers to the maltreatment. and similar activities otherwise subjecting hi to physical or psychological suffering of injury. Officers and members of the fraternity. 7610 "Special Protection of Children Against Abuse. Section 2. silly. No hazing or initiation rites in any form or manner by a fraternity. or in any manner derives any benefit therefrom 3. SORORITIES. but failed to prevent the same. sorority or organization by placing the recruit. AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR” Hazing – an initiation rite or practice as a prerequisite for admission into membership in a fraternity. piracy in Philippine waters may be committed even by a passenger or member of the complement of the vessel. sexual abuse and emotional maltreatment. Republic Act No. 3 PD 532 Anti-Piracy and Anti-Robbery Law of 1974 Vessel – any cargo or watercraft used for (a) transport of passengers and cargo or (b) for fishing Punishes the act of AIDING or ABETTING PIRACY Requisites: 1. Acquires or receives property taken by such pirates. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. Owner if the place where the hazing is conducted shall be liable as an accomplice – when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. (2) Any act by deeds or words which debases. or with whom he has a common child. whether habitual or not. sorority or organization) during hazing is prima facie evidence of participation therein as a principal UNLESS he prevented the commission of the prohibited acts. the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. Republic Act No. 9262 “Anti-Violence Against Women and Their Children Act of 2004" SECTION 3. Exploitation and Discrimination Act. and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. sexual.The presence of “any person” (i. within or without the family abode. Parents shall be liable as principals – when they have actual knowledge of the hazing conducted in the home of one of the officers or members of the fraternity. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do mentally. sorority or organization. Definition of Terms. former wife. Directly or indirectly abets the commission of piracy Note: Under PD 532. That if the minor is found guilty. degrades or demeans the intrinsic worth and dignity of a child as a human being. sorority or organization who actually participated in the infliction of physical harm shall be liable as PRINCIPALS – if the person subjected to hazing suffers any physical injury or dies as a result thereof. or against her child whether legitimate or illegitimate. sorority or organization shall be allowed without prior written notice to the school authorities or head of organization 7 days before the conduct of such initiation. or against a woman with whom the person has or had a sexual or dating relationship. . Persons liable: 1.minor at the time of the commission of the offense: Provided. of the child which includes any of the following: (1) Psychological and physical abuse. 2. shall include the names of those to be subjected to such activities. The written notice shall indicate the period of the initiation activities which shall not exceed 3 days.. cruelty." Section 3. (3) Unreasonable deprivation of his basic needs for survival. which result in or is likely to result in physical. foolish.
B. destroying household property. (b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. 4. (g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof. physically attacking the sexual parts of the victim's body. (f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child. but is not limited to: a) rape. public ridicule or humiliation. forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser. harassment. physical or other harm or threat of physical or other harm or coercion. assault. sexual harassment. (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation. damage to property. acts of lasciviousness. or economic abuse including threats of such acts. It includes. making demeaning and sexually suggestive remarks. battery. b) acts causing or attempting to cause the victim to engage in any sexual activity by force. or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. but is not limited to. committed against a woman or her child. "Sexual violence" refers to an act which is sexual in nature. occupation. c) Prostituting the woman or child. C.psychological harm or suffering. controlling the victims' own money or properties or solely controlling the conjugal money or properties. It includes. threat of force. harassment or arbitrary deprivation of liberty. withdrawal of financial support or preventing the victim from engaging 4 in any legitimate profession. business or activity. stalking. 3. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. (d) "Stalking" refers to an intentional act committed by a person who. D. . (e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. 2. but is not limited to the following: 1. knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes. It includes causing or allowing the victim to witness the physical. serious and moral grounds as defined in Article 73 of the Family Code. except in cases wherein the other spouse/partner objects on valid. community or property owned in common. coercion. sexual or psychological abuse of a member of the family to which the victim belongs. "Physical Violence" refers to acts that include bodily or physical harm. repeated verbal abuse and mental infidelity. the following acts: A. treating a woman or her child as a sex object.
The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. that alarms or causes substantial emotional or psychological distress to the woman or her child. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. personally or through another. (3) Depriving or threatening to deprive the woman or her child of a legal right. (2) Peering in the window or lingering outside the residence of the woman or her child. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. or 5 solely controlling the conj ugal or common money. including. the following acts: (1) Stalking or following the woman or her child in public or private places. and (5) Engaging in any form of harassment or violence. or deliberately providing the woman's children insufficient financial support. or intimidation directed against the woman or child. This shall include. Penalties. SECTION 6. or through intimidation directed against the woman or her child or her/his immediate family. (h) Engaging in purposeful. repeated verbal and emotional abuse. occupation. frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. but not be limited to. (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape.. it shall be punishable in accordance with the Revised Penal Code. (4) Preventing the woman in engaging in any legitimate profession.(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. or properties. and denial of financial support or custody of minor children of access to the woman's child/children. Acts of Violence Against Women and Their Children. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. (b) Threatening to cause the woman or her child physical harm.This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. SECTION 4. or reckless conduct. it includes the biological children of the victim and other children under her care. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. (c) Attempting to cause the woman or her child physical harm. SECTION 5. If these acts resulted in mutilation. but not limited to. (i) Causing mental or emotional anguish.. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. those constituting serious . This shall include. As used in this Act. physical or other harm or threat of physical or other harm. but not limited to.. Construction. knowing. by force or threat of force. business or activity or controlling the victim's own mon4ey or properties. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child.The crime of violence against women and their children. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. (d) Placing the woman or her child in fear of imminent physical harm. physical harm. public ridicule or humiliation to the woman or her child. under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5(a) constituting attempted.
(b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. any of the acts mentioned in Section 5 of this Act. or permanently where no property rights are violated. the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence. and to stay away from the residence. and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects. annoying. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm. Venue. regardless of ownership of the residence. SECTION 7. and facilitating the opportunity 6 and ability of the victim to independently regain control over her life.. minimizing any disruption in the victim's daily life.000. (e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects. those constituting less serious physical injuries shall be punished by prision correccional.000. (d) Acts falling under Section 5(f) shall be punished by arresto mayor. the penalty to be applied shall be the maximum period of penalty prescribed in the section. regardless of ownership. The protection orders that may be issued under this Act are the barangay protection order (BPO).. The protection orders that may be issued under this Act shall include any. (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor. either temporarily for the purpose of protecting the petitioner. Protection Orders. Notwithstanding other laws to the contrary. (b) Prohibition of the respondent from harassing. In the absence of such court in the place where the offense was committed. the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.00. (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor. or any specified place frequented by the petitioner and any designated family or household member. school. and if respondent must remove personal effects from the residence. directly or indirectly. (f) Granting a temporary or permanent custody of a child/children to the petitioner. In addition to imprisonment. temporary protection order (TPO) and permanent protection order (PPO). place of employment.physical injuries shall have the penalty of prison mayor. the perpetrator shall (a) pay a fine in the amount of not less than P100. Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor. If the acts are committed while the woman or child is pregnant or committed in the presence of her child. (c) Acts falling under Section 5(e) shall be punished by prision correccional. the court shall order an appropriate percentage of the income or salary of the respondent to be . The provisions of the protection order shall be enforced by law enforcement agencies. (g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. (c) Removal and exclusion of the respondent from the residence of the petitioner.A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. telephoning. contacting or otherwise communicating with the petitioner.00 but not more than 300. (e) Acts falling under Section 5(g) shall be punished by prision mayor. SECTION 8. or to supervise the petitioner's or respondent's removal of personal belongings. personally or through another. some or all of the following reliefs: (a) Prohibition of the respondent from threatening to commit or committing.The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. and those constituting slight physical injuries shall be punished by arresto mayor. (d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court.
withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. but not limited to. (i) Restitution for actual damages caused by the violence inflicted. descendants or collateral relatives within the fourth civil degree of consanguinity or affinity. (c) ascendants. or direct any barangay official to effect is personal service. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. (g) lawyer. If the Punong Barangay is unavailable to act on the application for a BPO. therapist or healthcare provider of the petitioner. (d) officers or social workers of the DSWD or social workers of local government units (LGUs). A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. property damage. SECTION 9. Who May Issue and How. – A petition for protection order may be filed by any of the following: (a) the offended party. the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent. SECTION 14. . The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. (h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court. (f) Punong Barangay or Barangay Kagawad. and (k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member. (j) Directing the DSWD or any appropriate agency to provide petitioner may need. the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter. If the offender is a law enforcement agent. (e) police officers. the application shall be acted upon by any available Barangay Kagawad. including.Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. (b) parents or guardians of the offended party. medical expenses. childcare expenses and loss of income. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court. Barangay Protection Orders (BPOs). A court may grant in a TPO any. provided petitioner and any designated family or household member consents to such relief. preferably those in charge of women and children's desks. or the court from granting a TPO or PPO. The parties may be accompanied by a nonlawyer advocate in any proceeding before the Punong Barangay. Immediately after the issuance of an ex parte BPO. counselor. (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed. The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for. BPOs shall be effective for fifteen (15) days. Who may file Petition for Protection Orders. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date 7 . including revocation of license and disqualification to apply for any license to use or possess a firearm. SECTION 15. some or all of the reliefs mentioned in this Act and shall be effective for 30 days. Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.
– The woman victim of violence shall be entitled to the custody and support of her child/children. Battered Woman Syndrome as a Defense. The court shall. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of selfdefense under the Revised Penal Code. – Barangay officials and law enforcers shall have the following duties: (a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing. the court shall continuously extend or renew the TPO for a period of 30 days at each particular time until final judgment is issued. SECTION 30. Prescriptive Period. or any other mind-altering substance shall not be a defense under this Act. 8 SECTION 25. unless the court finds compelling reasons to order otherwise. Prohibited Defense. the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. SECTION 16. to the extent possible. a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.of the hearing on the merits of the issuance of a PPO. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. conduct the hearing on the merits of the issuance of a PPO in 1 day. In case the respondent fails to appear despite proper notice. the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome. or the nonavailability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. some or all of the reliefs specified in Section 8 hereof in a PPO. The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. the courts shall be assisted by expert psychiatrists/ psychologists. with right to support. any illicit drug. or his lack of a lawyer. and privileges for indigent litigants. Respondents non-appearance despite proper notice. The court shall ensure immediate personal service of the PPO on respondent. Duties of Barangay Officials and Law Enforcers. – Being under the influence of alcohol. SECTION 27. and b) inform the victim of her/his rights including legal remedies available and procedure. SECTION 26. Regardless of the conviction or acquittal of the respondent. the Court must determine whether or not the PPO shall become final. Custody of children. SECTION 29. Acts falling under Sections 5(g) to 5(I) shall prescribe in 10 years. – Acts falling under Sections 5(a) to 5(f) shall prescribe in 20 years. Permanent Protection Orders. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. If the respondents appears without counsel on the date of the hearing on the PPO. Children below 7 years old older but with mental or physical disabilities shall automatically be given to the mother. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. SECTION 28. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act: a) communicate with the victim in a language understood by the woman or her child. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made. . SECTION 24. Where the court is unable to conduct the hearing within 1 day and the TPO issued is due to expire. Even in a dismissal. Public Crime. The court may grant any. Duties of Prosecutors/Court Personnel.
– In every case of violence against women and their children as herein defined.000. Rights of Victims. (e) assist the barangay officials and other government officers and employees who respond to a call for help. (b) properly record any of victim's suspicions. Healthcare Provider Response to Abuse – Any healthcare provider. and there is imminent danger to the life or limb of the victim as defined in this Act. – Victims under this Act shall be entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. SECTION 35. acting in accordance with law. SECTION 31. extendible when the necessity arises as specified in the protection order. – In addition to their rights under existing laws. SECTION 36. and (e) To be informed of their rights and the services available to them including their right to apply for a protection order. shall not be liable for any criminal. and (e) provide the victim immediate and adequate notice of rights and remedies provided under this Act. social Welfare Department of LGUs or accredited non-government organizations (NGOs). an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order. or when he/she has personal knowledge that any act of abuse has just been committed. SECTION 43. (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts. (b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office. 9 SECTION 34. any person. compensatory. SECTION 38. Damages. civil or administrative liability resulting therefrom. Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.00 or whenever applicable criminal. moral and exemplary damages. Likewise. barangay health worker. but not limited to. Exemption from Payment of Docket Fee and Other Expenses. civil or administrative liability.(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view. emotional or psychological injuries. victims of violence against women and their children shall have the following rights: (a) to be treated with respect and dignity. (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital. (g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring. Persons Intervening Exempt from Liability. Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding P10. nurse. – Any victim of violence under this Act shall be entitled to actual. (d) safeguard the records and make them available to the victim upon request at actual cost. . and (h) immediately report the call for assessment or assistance of the DSWD. and services available to them. Entitled to Leave. clinician. the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. (d) assist the victim in removing personal belongs from the house. an attending physician. (c) automatically provide the victim free of charge a medical certificate concerning the examination or visit. private individual or police authority or barangay official who. therapist or counselor who suspects abuse or has been informed by the victim of violence shall: (a) properly document any of the victim's physical. observations and circumstances of the examination or visit. including. responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim. (c) To be entitled to support services form the DSWD and LGUs' (d) To be entitled to all legal remedies and support as provided for under the Family Code.
6713 "Code of Conduct and Ethical Standards for Public Officials and Employees. Corrupt practices of public officers. SECTION 47. except those who serve in an honorary capacity. including the Bureau of Internal Revenue. evident bad faith or gross inexcusable negligence. and. (c) all other assets such as investments. liabilities. without the latter's consent. The Statements of Assets. Confidentiality. business address. the Revised Penal Code and other applicable laws. (b) on or before April 30. Any person who violates this provision shall suffer the penalty of 1 year imprisonment and a fine of not more than P500. . the year when they first assumed any office in the Government. net worth. within thirty (30) days from the date of their assumption of office. (b) personal property and acquisition cost. in any format. REPUBLIC ACT No. (d) liabilities.Public officials and employees have an obligation to accomplish and submit declarations under oath of. and (c) within thirty (30) days after separation from the service. bonds. their assets. of every year thereafter. The two documents shall contain information on the following: (a) real property. .000. Liabilities and Net Worth and a Disclosure of Business Interests 10 and Financial Connections and those of their spouses and unmarried children under 18 years of age living in their households.SECTION 44. employer. net worth and financial and business interests including those of their spouses and of unmarried children under 18 years of age living in their households. acquisition costs. cash on hand or in banks. shall be liable to the contempt power of the court. or giving any private party any unwarranted benefits. school. Suppletory Application – For purposes of this Act. and the public has the right to know. Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by: (1) Constitutional and national elective officials. 3019 “ANTI-GRAFT AND CORRUPT PRACTICES ACT” Section 3. laborers and casual or temporary workers. and the like. shall have suppletory application. Husband and wife who are both public officials or employees may file the required statements jointly or separately. All public officials and employees required under this section to file the aforestated documents shall also execute. including the Government.All public officials and employees. the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (e) Causing any undue injury to any party. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. the name. the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies. telephone number. including. shall file under oath their Statement of Assets. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. and also their business interests and financial connections in previous years. In addition to acts or omissions of public officers already penalized by existing law. or other identifying information of a victim or an immediate family member. Republic Act No. liabilities. advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality. its improvements.00. Whoever publishes or causes to be published. assessed value and current fair market value. with the national office of the Ombudsman. . if possible. (e) all business interests and financial connections." Section 8. (A) Statements of Assets and Liabilities and Financial Disclosure. The documents must be filed: (a) within thirty (30) days after assumption of office. such documents as may show their assets. stocks. address. Statements and Disclosure.
BATAS PAMBANSA BLG. . Work. with the Clerk of Court of the Supreme Court. manager. and all national executive officials with the Office of the President. The same rule shall apply where the public official or employee is a partner in a partnership. or both such fine and imprisonment at the discretion of the court. with the Court Administrator. Where the check is drawn by a corporation. 9160 "Anti-Money Laundering Act of 2001. 3019. as amended." Section 3. Section 1. regardless of whether the demand. Definitions. Judges. the following terms are hereby defined as follows: (a) "Covered Institution" refers to: 11 . shall be punished by imprisonment of not less than thirty days but not more than 1 year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos. having authority. without any valid reason. . REPUBLIC ACT NO. education or training-related sexual harassment is committed by an employer. which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer. . or any other person who. or makes arrangements for payment in full by the drawee of such check within 5 banking days after receiving notice that such check has not been paid by the drawee. respectively. knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. ordered the bank to stop payment.A public official or employee shall avoid conflicts of interest at all times. he shall resign from his position in any private business enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings or interest within 60 days from such assumption. Republic Act No. teacher. Section 9. defined in Republic Act No. shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. employee. influence or moral ascendancy over another in a work or training or education environment. coach. when presented within 90 days from the date of the check. request or requirement for submission is accepted by the object of said act.Work. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. 22 AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. (4) Officers of the armed forces from the rank of colonel or naval captain. professor. with the Secretaries of the Senate and the House of Representatives. Evidence of knowledge of insufficient funds. For purposes of this Act. trainor. Sexual Harassment Defined. shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon. 7877 “Anti-Sexual Harassment Act of 1995” Section 3. for which reason it is dishonored by the drawee bank. with the Civil Service Commission.The making.(2) Senators and Congressmen. with the Office of the President. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank. Justices. and (5) All other public officials and employees. and those below said ranks. requests or otherwise requires any sexual favor from the other. . The same penalty shall be imposed upon any person who. (3) Regional and local officials and employees. company or entity. demands. The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers. supervisor. the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act. Checks without sufficient funds. Divestment. with the Deputy Ombudsman in their respective regions. Education or Training-Related. instructor.Any person who makes or draws and issues any check to apply on account or for value. When a conflict of interest arises. with the Deputy Ombudsman in their respective regions. Section 2. agent of the employer.
4. 3815. 300. . or consultant. as amended. 6425. the transaction is in any way related to an unlawful activity or offense under this Act 12 that is about to be. as amended and Presidential Decree No. 3. G. 2. money payment. (4) Plunder under Republic Act No. as defined under the Revised Penal Code. 3019. as amended. 8792. pre-need companies and other similar entities. 5. the amount involved is not commensurate with the business or financial capacity of the client. and (3) (i) securities dealers. and all other institutions and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP). (3) Section 3 paragraphs B. (2) Sections 3. 8799. 5. (6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. commodities or financial derivatives based thereon. H and I of Republic Act No. as amended. it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the Act. 455 and 1937. (l) "Unlawful activity" refers to any act or omission or series or combination thereof involving or having relation to the following: (1) Kidnapping for ransom under Article 267 of Act No. 6235. cash substitutes and other similar monetary instruments or property supervised or regulated by Securities and Exchange Commission. (b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of P500. (9) Swindling under Article 315 of the Revised Penal Code. (12) Hijacking and other violations under Republic Act No. taking into account all known circumstances. the client is not properly identified. (11) Violations under Republic Act No. there is no underlying legal or trade obligation. non-banks. including those perpetrated by terrorists against noncombatant persons and similar targets. as amended. valuable objects. otherwise known as the Electronic Commerce Act of 2000. or 7.(1) banks. (13) Fraudulent practices and other violations under Republic Act No. otherwise known as the Dangerous Drugs Act of 1972. C. 8 and 9 of Article Two of Republic Act No. Article 310 of the Revised Penal Code. as amended. (2) Insurance companies and all other institutions supervised or regulated by the Insurance Commission. trust entities. (10) Smuggling under Republic Act Nos. investment houses and other similar entities managing securities or rendering services as investment agent. advisor. (ii) mutual funds. remittance. purpose or economic justification. otherwise known as the Revised Penal Code. 296. 7080. E. 295. and transfer companies and other similar entities. (5) Robbery and extortion under Articles 294. destructive arson and murder. any transaction that is similar or analogous to any of the foregoing.000. as amended. as amended. as amended. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client’s past transactions with the covered institution. (b-1) 'Suspicious transaction' are transactions with covered institutions. 6. 4. otherwise known as the Anti-Graft and Corrupt Practices Act. (iii) foreign exchange corporations. common trust funds. (8) Qualified theft under. 301 and 302 of the Revised Penal Code. 7.00 within 1 banking day. money changers. 532. quasi-banks. (7) Piracy on the high seas under the Revised Penal Code. is being or has been committed. salesmen. 1602. where any of the following circumstances exist: 1. 299. and (iv) other entities administering or otherwise dealing in currency. regardless of the amounts involved. brokers. close and investment companies.
Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters). (2) of a judicially declared and outlawed terrorist organization. -The provisions of Republic Act No. 4. a police or law enforcement official and the members of his team may. doctors and patients. or group of persons. 13 5. The act involves sowing and creating a condition of widespread and extraordinary fear and panic among the populace. Acquisition or Disposition of Firearms. 9372 "Human Security Act of 2007. Article 134-a (Coup d' Etat). Article 324 (Crimes Involving Destruction). d. as amended. Coverage: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. 3. However. kind or type of electronic or other surveillance equipment or intercepting and tracking devices.The written order of the authorizing division of the Court of Appeals to track down. c. e. 2. upon a written order of the Court of Appeals. SEC. 6. covered institutions and their offices and employees are not deemed to have violated the bank deposit secrecy laws. form. or under 1. The act is committed to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism Penalty: The offender shall suffer the penalty of 40 years of imprisonment. tap. (Atomic Energy Regulatory and Liability Act of 1968). f. Presidential Decree No. Article 248 (Murder). Republic Act No. Article 267 (Kidnapping and Serious Illegal Detention).Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Ammunitions or Explosives) Requisites: 1. with the use of any mode. conversation. . interception and recording of communications between lawyers and clients. Dealing in. discussion. association or group of persons. Article 134 (Rebellion or Insurrection). listen to. Republic Act No. Republic Act No. any communication.otherwise known as the Securities Regulation Code of 2000.. 1613 (The Law on Arson). including acts committed by private persons. listen to. and the proceeds thereof can be confiscated or forfeited in favor of the government What is the effect of the bank deposit secrecy laws on the implementation of AMLA? When reporting covered or suspicious transactions to the AMLC. intercept. as amended (Decree Codifying the Laws on Illegal and Unlawful Possession. That surveillance. 1866. Terrorism. 8. they are strictly prohibited from disclosing such transactions to any person in any manner or by any means. Provided. without the benefit of parole as provided for under Act No. otherwise known as the Indeterminate Sentence Law. Manufacture. journalists and their sources and confidential business correspondence shall not be authorized." SEC. 6235 (Anti-Hijacking Law). b. or (3) of any member of such organization. NB Under the AMLA. SEC. Presidential Decree No. or spoken or written words . 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding. 2. Presidential Decree No. 5207. 532 (AntiPiracy and Anti-Highway Robbery Law of 1974). Republic Act No. 7. message. and. and record . Surveillance of Suspects and Interception and Recording of Communications. a person can prosecuted and punished for both the underlying unlawful activity and the money laundering offense. (14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries. Formal Application for Judicial Authorization. or with the use of any other suitable ways and means for that purpose. 4103. 3. The violation of confidentiality makes them criminally liable. association. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990). intercept and record.
to extend or renew the same. intercepted. The written order of the authorizing division of the Court of Appeals shall specify the following: (a) the identity. if any. if he or she intends to do so. will be obtained. or spoken or written words shall only be granted by the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application. listened to. of the charged or suspected person whose communications. and. messages. (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence. messages. or sought to be prevented. which shall not exceed 30 days from the expiration of the original period: Provided. The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible period. such person shall be subject to continuous surveillance provided there is a reasonable ground to do so. and record the communications. without prejudice to the liability of the police or law enforcement personnel under Section 20 hereof. spoken or written words and effects have been monitored. the applicant police or law enforcement official shall have 30 days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the . and the written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided. Classification and Contents of the Order of the Court. pursuant to Section 9(d) of this Act. and recorded and. or to the solution or prevention of. or being committed.communications. and recorded 14 and their locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known. discussions. the electronic transmission systems or the telephone numbers to be tracked down. address. messages. listen to. which must be filed by the original applicant. or spoken or written words are to be tracked down. the original application of the applicant. such as name and address. intercept. including the individual identity (names. intercepted. the legality of the interference before the Court of Appeals which issued the written order. which is essential to the conviction of any charged or suspected person for. That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided. any such crimes. or spoken or written words. discussions. conversations. discussions. and the police or law enforcement organization) of the members of his team. and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed. electronic.The written order granted by the authorizing division of the Court of Appeals as well as its order. tapped. conversations. judicially authorized to track down. listened to. including his application to extend or renew. conversations. SEC. discussions. (b) the identity (name. addresses. That the person being surveilled or whose communications. conversations. further. and. Effective Period of Judicial Authorization. listened to. conversations. . if any. 10. messages.Any authorization granted by the authorizing division of the Court of Appeals. tapped. which shall not exceed a period of 30 days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. 9. discussions. papers. and the police or law enforcement organization) of the police or of the law enforcement official. That. if known. (c) that there is no other effective means readily available for acquiring such evidence. (d) the length of time within which the authorization shall be used or carried out. or spoken or written words. in the case of radio. SEC. or is about to be committed. tap. shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals. That the ex parte application for extension or renewal. letters. or telephonic (whether wireless or otherwise) communications. bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge. (c) the offense or offenses committed. has been duly authorized in writing by the Anti-Terrorism Council. or is being committed. messages. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal. . the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided.
shreds or destroys the items enumerated above shall suffer a penalty of not less than 6 years and 1 day to 12 years of imprisonment. The penalty of 10 years and one day to 12 years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person subject of the surveillance. association. read. interception and recording. shall. written notes or memoranda to copy in whatever form. any police or law enforcement personnel. replayed.The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding. which written order shall be granted only upon a written application of the Department of Justice filed 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 file the application with proper written notice the person whose conversation. expunges. who. to remove. If no case is filed within the 30-day period. Any person. . and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team. revealed. shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. which are deposited with the authorizing division of the Court of Appeals. interception and recording of the termination of the said surveillance. be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package. . divulge. having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall. be declared as a terrorist and outlawed organization. or group of persons: organized for the purpose of engaging in terrorism. In case of death of the applicant or in case he is physically disabled to execute the required affidavit. and recordings made pursuant to the authorization of the authorizing division of the Court of Appeals. 17.Any organization. recording and interception to open. SEC. or group of persons by the said Regional Trial Court. discs. SEC. discs. or which. the applicant police or law enforcement official shall immediately notify the person subject of the surveillance. Disposition of Deposited Material. communication. deletes. as the case may be. message discussion or spoken or written words have been the subject of surveillance. deliver said charged or suspected person to the proper judicial authority . police officer or any custodian of the tapes. with due notice and opportunity to be heard given to the organization. and their excerpts and summaries. Proscription of Terrorist Organizations. The sealed envelope or sealed package and the contents thereof. and recordings and all the excerpts and summaries thereof and the notes and memoranda made in connection therewith) shall not be divulged. incinerates. upon application of the Department of Justice before a competent Regional Trial Court. association. actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand shall. and the sealed envelope or sealed package shall not be opened and its contents (including the tapes. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities. expunge. and use the contents of the sealed envelope or sealed package as evidence.Public Prosecutor's Office for any violation of this Act. interception and recording as specified above. discs and recording. within 48 hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within 48 hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals. or group of persons concerned. Custody of Intercepted and Recorded Communications. Any person who removes. 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 affidavit. or Group of Persons. It shall be unlawful for any person. law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance as defined above shall suffer the penalty of 6 yrs and 1 day to 8years of imprisonment. reveal. Association. or used as evidence unless authorized by written order of the authorizing division of the Court of Appeals. monitoring. 11. SEC. incinerate. Period of Detention Without Judicial Warrant of Arrest. although not organized for that purpose. monitoring. including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith. . 18.All tapes. association. 13. shall be deemed and are hereby declared classified 15 information. SEC. delete.
before detaining the person suspected of the crime of terrorism. It shall be the duty of the judge. he shall forthwith be informed. present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested.within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested. moral or psychological torture by whom and why. If the person cannot afford the services of counsel of his or her choice. regional trial court. and. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. or law enforcement personnel: Provided. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. These rights cannot be waived except in writing and in the presence of the counsel of choice. and taken into custody by the said police. (f) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them. SEC. 19. Sundays. That within three days after the detention the suspects. however. by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought.In the event of an actual or imminent terrorist 16 attack. suspects may not be detained for more than three days without the written approval of: a municipal. city. Rights of a Person under Custodial Detention. shall be released immediately. holidays or after office hours. . detained. of his or her right: (a) to be informed of the nature and cause of his arrest. the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO). holidays or after office hours.That where the arrest is made during Saturdays. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided. . among other things to: ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her. That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from: the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act. If the arrest is made during Saturdays. whose connection with the terror attack or threat is not established. The penalty of 10 years and 1 day to 12 years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. (e) allowed to communicate freely with his legal counsel and to confer with them at any time without restriction. provincial or regional official of a Human Rights Commission or judge of the municipal. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. The police or law enforcement personnel concerned shall. Sundays. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided . (b) to remain silent (c) to have competent and independent counsel preferably of his choice. It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. to inquire of them the reasons why they have arrested the person and to determine by questioning and personal observation whether or not the suspect has been subjected to any physical. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. . (d) informed of the cause or causes of his detention in the presence of his legal counsel. 21. SEC.
. which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period: Provided. or cause the examination of. placements. Travel outside of said municipality or city. he or she may not use telephones. the one next in rank to the original applicant among the members of the ream named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided. placements. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. the deposits. placements. further. trust accounts. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and.The provisions of Republic Act No. cellphones. and records. which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. and Records. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. without prejudice to the liability of the police or law enforcement personnel under Section 19 hereof. The authorizing division of the Court of Appeals may extend or renew the said authorization for another period. SEC. . assets. assets. when so. and records.(g) allowed freely to avail of the service of a physician or physicians of choice. While under house arrest. That the application for extension or renewal. assets. which shall then be forfeited as provided under the Rules of Court. 27. placements. Accounts. shall be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals. and (b) gather or cause the gathering of any relevant information about such deposits. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. which must be filed by the original applicant. Section 6 of the Constitution. the applicant police or law enforcement official shall have thirty (30) days after the termination of 17 . without the authorization of the court. and records shall only be granted by the authorizing division of the Court of Appeals upon: an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits. trust accounts. Accounts. The bank or financial institution concerned. Provided. SEC. That. the court. He/she may also be placed under house arrest by order of the court at his or her usual place of residence. Application to Examine Bank Deposits. assets. shall be deemed a violation of the terms and conditions of his bail. 28. trust accounts. upon application by the prosecutor. SEC.In cases where evidence of guilt is not strong. to the contrary notwithstanding. and Records. 1405 as amended. in the interest of national security and public safety. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. computers. . shall not refuse to allow such examination or to provide the desired information. 30. and Records. Restriction on Travel. trust accounts. Judicial Authorization Required to Examine Bank Deposits. assets and records in a bank or financial institution. and upon examination under oath or affirmation of the applicant and. has been duly authorized in writing by the Anti-Terrorism Council. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal. placements. . trust accounts. e-mails.The written order of the Court of Appeals authorizing the examination of bank deposits. or to gather information about the same. ordered by and served with the written order of the Court of Appeals. 26. and records from a bank or financial institution. Accounts. the internet or other means of communications with people outside the residence until otherwise ordered by the court. consistent with Article III. SEC.The authorization issued or granted by the authorizing division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits.
transfer. (2) a judicially declared and outlawed terrorist organization. assets and records. or (3) a member of any such organization. legislative. placements. Requisites on which written order shall be granted only upon: A written application of the Department of Justice filed before the authorizing division of the Court of Appeals Showing that the Department of Justice has been duly authorized in writing by the AntiTerrorism Council to file the application Notice in writing to the party concerned not later than three days before the scheduled opening The application and notice must clearly state the reason for opening or using the information. . as the case may be. law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment. within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of the extension or renewal granted by the authorizing division of the Court of Appeals. work sheets. be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package. supplies and other implements. . assets. and property of whatever kind and nature shall be seized. or group of persons.The deposits and their outstanding balances. He or she may also use any of his property that is under seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the court for any legitimate reason. or administrative investigation. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits. quasi-judicial. placements. which are deposited with the authorizing division of the Court of Appeals. summaries. assets and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. or documents acquired from the examination of the bank deposits. . SEC. businesses. or used as 18 evidence unless authorized in a written order of the authorizing division of the Court of Appeals. excerpts. trust accounts.The sealed envelope or sealed package and the contents thereof. or hearing. trust accounts. trust accounts. SEC. revealed. . law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment. Disposition of Bank Materials. Trust Accounts. placements. SEC. memoranda. trust accounts. notes. data. reports. placements. and frozen in order to prevent their use. working sheets. proceeding. Any person.the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act. transportation and communication equipment.All information. Seizure and Sequestration. or group of persons shall. summaries. inquiry. placements. or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State. Custody of Bank Data and Information Obtained after Examination of Deposits. . data. reports. trust accounts. trust accounts. Placements. which have been secured in violation of the provisions of this Act. 39. If no case is filed within the thirty (30)-day period. and records in any bank or financial institution. notes. excerpts. assets and records. SEC. read. shall absolutely not be admissible and usable as evidence against anybody in any judicial. association.Any information. sequestered. assets and records. The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly needs of his family including the services of his or her counsel and his or her family's medical needs upon approval of the court. 33. Evidentiary Value of Deposited Bank Materials. Assets and Records. assets and records. and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits. placements. shall be deemed and are hereby declared classified information and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged. 31. the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits. Any person. association. memoranda. and other documents obtained from the examination of the bank deposits. 35. moneys.
as its other members. as chair.The provisions of Book I of the Revised Penal Code shall be applicable to this Act. who shall be its Chairperson. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial Courts in Manila. Freeze the funds property. (2) the Secretary of Justice. SEC. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any Special Penal Laws. SEC. 50. Cebu City and Cagayan de Oro City. The amount shall be taken from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him/her. 5. 4. and conviction of person or persons who are liable for the crime of terrorism or conspiracy to commit terrorism. assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism. Formulate and adopt plans. who shall be its Vice Chairperson. 54. and (3) the Secretary of Foreign Affairs. Assets and Record. hereinafter referred to. 2.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. Upon his or her acquittal or the dismissal of the charges against him or her. as the case may be. programs and counter-measures against terrorists and acts of terrorism in the country. 49.There is hereby created a Grievance Committee composed of: the Ombudsman. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension. prosecution. terrorist activities. as amended. SEC. 56. 52. and counter-terrorism operations. . 41. (4) the Secretary of National Defense. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism prescribed in this Act.SEC. arrest. 7. (b) from the Visayas to handle cases filed in Cebu City. for brevity. and 8. pursuant to Republic Act No. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism. to receive and evaluate complaints against the actuations of the police and law enforcement officials in the implementation of this Act. 3. detention. 19 . SEC.In pursuit of its mandate in the previous Section. trust accounts.Upon acquittal. Applicability of the Revised Penal Code. Functions of the Council. and (7) the National Security Advisor.An AntiTerrorism Council. otherwise known as the Anti-Money Laundering Act of 2001. . . the Council shall have the following functions with due regard for the rights of the people as mandated by the Constitution and pertinent laws: 1. (6) the Secretary of Finance. assets or funds were seized shall be paid to him on the concept of liquidated damages. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act. and the Solicitor General. and (c) from Mindanao to handle cases filed in Cagayan de Oro City. to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. Anti-Terrorism Council.000. Trust Accounts. The members of the Council are: (1) the Executive Secretary. and monitor the progress of their cases. Establish and maintain comprehensive data-base information system on terrorism.000. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila. 53." is hereby created. 6. Creation of a Grievance Committee. Damages for Unproven Charge of Terrorism. SEC. as the "Council. Sequestered and Frozen Bank Deposits. . placements. 9160. (5) the Secretary of the Interior and Local Government. Disposition of the Seized. and an undersecretary from the Department of Justice (DOJ). .00) a day for the period in which his properties. bank deposits. the amount of Five hundred thousand pesos (P500. SEC. Placements.
Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application. conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines. . 8. maritime zone. Tampering with the examination records such as the Answer Data Files. although physically outside the territorial limits of the Philippines. (4) to individual persons who commit any of said crimes within any embassy. Employing a "poste" or a person inside or outside of the examination room who may or may not be a registered 20 examinee but who provides examinees with answers or "codigo" or "crib sheets" or such other assistance purportedly to enhance examinee’s better chances of passing. commit any of the said crimes on board Philippine ship or Philippine airship. (3) to individual persons who. 2. Such other acts of similar nature which facilitates the passing of an examination including those committed by review centers or entities offering refresher courses or tutorials. commit.refers to any act or omission before. 58. 9416 “AN ACT DECLARING AS UNLAWFUL ANY FORM OF CHEATING IN CIVIL SERVICE EXAMINATIONS. consulate. or diplomatic premises belonging to or occupied by the Philippine government in an official capacity. although physically outside the territorial limits of the Philippines. UNAUTHORIZED USE AND POSSESSION OF CIVIL SERVICE COMMISSION (CSC) EXAMINATIONRELATED MATERIALS. 4. the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain. and airspace of the Philippines. although physically outside the territorial limits of the Philippines. Extra-Territorial Application of this Act. interior waters. although physically outside the territorial limits of the Philippines. during or after any civil service examination that will directly or indirectly undermine the sanctity and integrity of the examination such as. 3. the Application Forms or the Picture-Seat Plan to facilitate the passing of an examinee who have failed. the following: 1. Use of "codigo" or crib sheets. 5. (5) to individual persons who. 7. Impersonation. but not limited to. and (6) to individual persons who. Examinee number switching. commit said crimes against Philippine citizens or persons of Philippines descent. Possession and or use of fake certificate of eligibility. 6. (2) to individual persons who. Republic Act No. AND GRANTING THE CSC EXCLUSIVE JURISDICTION OVER THESE CASES INCLUDING THOSE COMMITTED BY PRIVATE INDIVIDUALS” (b) Cheating . where their citizenship or ethnicity was a factor in the commission of the crime. Collusion of whatever nature between examinees and examination personnel. . commit said crimes directly against the Philippine government.SEC.
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