You are on page 1of 72

CRIM SPECIAL LAWS (6-14)

PRESIDENTIAL DECREE No. 1602 (amended by RA 9287)


PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code (Forms of Gambling
and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot
Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other
City and Municipal Ordinances or gambling all over the country prescribe penalties which are inadequate to
discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in combating this social
menace which dissipate the energy and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand
pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five
thousand to ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or
indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing
to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang
and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat,
cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic
tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat
racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and other machinations; banking or percentage
game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of
value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is a public or government building or barangay hall, the
malfactor shall be punished by prision correccional in its maximum period and a fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon
the maintainer or conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six
thousand pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government
official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game
fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand
pesos shall be imposed upon any person who shall, knowingly and without lawful purpose in any hour of any day,
possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any
manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers
which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with
knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in
connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two
thousand pesos shall be imposed upon any security officer, security guard, watchman, private or house detective of
hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling
activities are being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final
conviction of the malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or
forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as amended, Republic Act No.
3063, Presidential Decrees Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive orders, rules
and regulations, city and municipal ordinances which are inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon publication at least once in a newspaper of
general circulation.
REPUBLIC ACT NO. 9287 April 2, 2004
AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES, AMENDING CERTAIN
PROVISIONS OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of Policy. - It is the policy of the State to promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved quality of life for
all. It is likewise the policy of the State that the promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling activities such as illegal numbers games as this
has become an influential factor in an individual's disregard for the value of dignified work, perseverance and thrift
since instant monetary gains from it are being equated to success, thereby becoming a widespread social menace and
a source of corruption.
Towards this end, the State shall therefore adopt more stringent measures to stop and eradicate the existence of
illegal numbers games in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or combinations thereof as
factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-
seven (37) numbers from number one (1) to thirty seven (37) or the combination of thirty-eight (38) numbers in
some areas, serving as a form of local lottery where bets are placed and accepted per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning combination is derived from the results of the last game of
Jai Alai or the Special Llave portion or any result thereof based on any fictitious Jai Alai game consisting of ten (10)
players pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning combination is derived from the last two (2) numbers of
the first prize of the winning Sweepstakes ticket which comes out during the weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets for himself/herself or in
behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in the interest of the maintainer,
manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or
any other place where an illegal numbers game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - Any person who collects, solicits or
produces bets in behalf of his/her principal for any illegal numbers game who is usually in possession of gambling
paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any person who exercises control
and supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any person who maintains, manages or operates any illegal number game in
a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal numbers game.
k) Protector or Coddler. - Any person who lends or provides protection, or receives benefits in any manner in the
operation of any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the following
penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as a
personnel or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to be used
in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts as a
collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if such
person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such person acts as
a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person acts as
protector or coddler.
Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of any gambling paraphernalia and
other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense
covered by this Act.
Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator, financier or capitalist of any illegal numbers game is a
government employee and/or public official, whether elected or appointed shall suffer the penalty of twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from Three million pesos (P3,000,000.00) to Five
million pesos (P5,000,000.00) and perpetual absolute disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory penalty of perpetual
disqualification from public office shall be imposed upon any local government official who, having knowledge of
the existence of the operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take action, or
tolerates the same in connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an
administrative penalty of suspension or dismissal, as the case may be, to be imposed by the appropriate authority.
Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1) day to one
(1) year or fine ranging from One hundred thousand pesos (P100,000.00) to Four hundred thousand pesos
(P400,000.00) shall be imposed upon any parent, guardian or person exercising moral authority or ascendancy over
a minor, ward or incapacitated person, and not otherwise falling under any of the foregoing subsections, who
induces or causes such minor, ward or incapacitated person to commit any of the offenses punishable in this Act.
Upon conviction, the parent, guardian or person exercising moral authority or ascendancy over the minor, ward or
incapacitated person shall be deprived of his/her authority over such person in addition to the penalty imposed.
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof shall be imposed upon
a recidivist who commits any of the offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the government or provides evidence
in a criminal case involving any violation of this Act, or who voluntarily or by virtue of a subpoena testificandum or
duces tecum, produces, identifies, or gives testimony shall be immune from any criminal prosecution, subject to the
compliance with the provisions of Presidential Decree No. 1732, otherwise known as Decree Providing Immunity
from Criminal Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court.
Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be charged with or convicted of the
offenses covered by this Act without prejudice to the prosecution of any act or acts penalized under the Revised
Penal Code or existing laws.
During the pendency of the case, no property or income used or derived therefrom which may be confiscated and
forfeited shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be
admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on Criminal
Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including any real or
personal property used in any illegal numbers game operation shall be confiscated and forfeited in favor of the State.
All assets and properties of the accused either owned or held by him/her in his/her name or in the name of another
person found to be manifestly out of proportion to his/her lawful income shall be prima facie presumed to be
proceeds of the offense and shall likewise be confiscated and forfeited in favor of the State.
Sec. 10. Witness Protection. - Any person who provides material information, whether testimonial or documentary,
necessary for the investigation or prosecution of individuals committing any of the offenses under Sections 3, 4, 5
and 6 herein shall be placed under the Witness Protection Program pursuant to Republic Act. No. 6981.
Sec. 11. Informer's Reward. - Any person who, having knowledge or information of any offense committed under
this Act and who shall disclose the same which may lead to the arrest and final conviction of the offender, may be
rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the
government, which shall be determined through a policy guideline promulgated by the Department of Justice (DOJ)
in coordination with the Department of Interior and Local Government (DILG) and the National Police Commission
(NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for law enforcement
officers and for local government official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the DILG,
DOJ, NAPOLCOM, and other concerned government agencies shall jointly promulgate the implementing rules and
regulations, as may be necessary to ensure the efficient and effective implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of this Act, or any portion thereof, or the
application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remaining provisions of this Act shall not be affected by such declaration and shall remain in
force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No. 1602, in so far as they are
inconsistent herewith, are hereby expressly amended or modified accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.
REPUBLIC Act No. 9208 May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES
FOR ITS VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of every human person and
guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined
in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the
Child, United Nations Convention on the Protection of Migrant Workers and their Families. United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human
rights instruments and other international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in
the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this
Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person
held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case,
shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair
and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-
door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the
accused, or any other information tending to establish their identities and such circumstances or information shall
not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under
this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction
to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses
enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty
of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five
million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and
a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any
place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for
by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction, be dismissed from
the service and be barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released
from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall
commence to run again when such proceedings terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they
are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender;Provided, further, That if such properties
are insufficient, the balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise
rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed,
converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender
shall be ordered to pay the amount equal to the value of the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated
pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the Council to be
used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked
persons into the mainstream of society. Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data collection system
for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government agencies and
non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public,
the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies
are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked
persons and develop a system for accreditation among NGOs for purposes of establishing centers and
programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance
with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise
monitor, document and report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancs/fiances and spouses of foreign nationals
with the guidance and counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It
shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory and Information
Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine Information
Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall
encourage and support community based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the act or
acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated
in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a
trafficked person to the intended exploitation set forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program
provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be
permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to effect
the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary
of the Department of Social Welfare and Development as Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively address the issues
and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law
and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and
NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system for migration established under Republic Act
No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on
cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study
on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation and
program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking
in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in
persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the
Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government agencies shall make available the following services to trafficked
persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines
as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status
in the host country.
(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993,
shall be the operational scheme under which Philippine embassies abroad shall provide protection to
trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they
are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of appropriate residency permits and protection, as may
be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to Congress
an annual report of the policies, programs and activities relative to the implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their
programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be
included in the annual General Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing rules
and regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. - Nothing in
this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to
travel for purposes not contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided, That
this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.
REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public
office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or
corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned and
government-controlled corporations, and all other instrumentalities or agencies of the Republic of the
Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the
government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a
member of the public officer's immediate family, in behalf of himself or of any member of his family or
relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized
by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be
unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent authority or an offense in connection with the official
duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or
offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself
or for any other person, in connection with any contract or transaction between the Government and any
other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from
any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating against any other
interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by
the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the action
of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they
belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account
of his official position to unauthorized persons, or releasing such information in advance of its authorized
release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering
or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely
release of the confidential information referred to in subparagraph (k) of this section shall, together with the
offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal
relation with any public official to capitalize or exploit or take advantage of such family or close personal relation
by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other
person having some business, transaction, application, request or contract with the government, in which such
public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in
the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which assures free access to such public
officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of
the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity
or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines,
the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in
any business, transaction, contract or application with the Government: Provided, That this section shall not apply
to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been
already dealing with the Government along the same line of business, nor to any transaction, contract or application
already existing or pending at the time of such assumption of public office, nor to any application filed by him the
approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance
with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in
an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific
business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by
him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress of
the enactment or adoption of any law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to
the approval of such law or resolution authored or recommended by him, continues for thirty days after such
approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act
or after assuming office, and within the month of January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the
office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent
office, with the Office of the President, or in the case of members of the Congress and the officials and employees
thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets
and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and
family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public
officers assuming office less than two months before the end of the calendar year, may file their statements in the
following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered
One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal.
Properties in the name of the spouse and unmarried children of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than
one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in
favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his
salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government,
the amount of money or the thing he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of
not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one
year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or
dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court,
shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed
against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions
of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or
occupation involves conspiracy with any other person or public official to commit any of the violations penalized in
this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or
circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained
wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.
REPUBLIC ACT NO. 7080 (amended by RA 7659) July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of the Republic of the
Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person
within the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any combination or series of the following
means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the
public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or entity in connection with any government
contract or project or by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-owned or -
controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any
other form of interest or participation including promise of future employment in any business
enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or influence
to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts
as described in Section 1(d) hereof, in the aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life imprisonment with perpetual
absolute disqualification from holding any public office. Any person who participated with said public officer in the
commission of plunder shall likewise be punished. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances shall be considered by the court. The court shall declare any
and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stock
derived from the deposit or investment thereof forfeited in favor of the State.
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence- For purposes of establishing the crime of plunder, it shall not be necessary to prove
each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution under a
valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall
be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other benefits which
he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against
him.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Scope- This Act shall not apply to or affect pending prosecutions or proceedings, or those which may be
instituted under Executive Order No. 1, issued and promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette
and in a newspaper of general circulation.
RA 7659
Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby
amended to read as follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as
described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any
person who participated with the said public officer in the commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and
the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes
and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in
favor of the State.
---
RA 9372
REPUBLIC ACT NO. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions
prejudicial to his/her development;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to:
(1) the use of a child in pornographic performances and materials; and
(2) the inducement or coercion of a child to engage or be involved in pornography through
whatever means; and
(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning
the rights of children which include, but not limited to, the Convention on the Rights of the Child, the
Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child
Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the
Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized
Crime.
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein;
and
(2) computer-generated, digitally or manually crafted images or graphics of a person who is
represented or who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or
opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any
other internet or shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public
for the use of its computer/s or computer system for the purpose of accessing the internet, computer games
or related services.
(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the
Philippines.
(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an
internet carriage service to the public.
(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for
sexual activity or sexual relationship by communicating any form of child pornography. It includes online
enticement or enticement through any other means.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone
who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through
any means any material or purported material that is intended to cause another to believe that the material
or purported material contains any form of child pornography, regardless of the actual content of the
material or purported material.
(k) "Person" refers to any natural or juridical entity.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any
form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of
child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but
not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a
legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with
other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form
of child pornography shall be committed when two (2) or more persons come to an agreement concerning
the commission of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act.
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses
punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under
this Act.
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate
special prosecutors to prosecute cases for the violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court
which has territorial jurisdiction over the place where the offense or any of its essential elements was committed
pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".
Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child pornography is being committed using its server or facility.
Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or
customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly
liable for damages on account of any notice given in good faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain
access to an internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of
child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall
include, among others, the installation of filtering software that will block access to or transmission of any form of
the child pornography.
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. -
All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their
premises. Provided, That public display of any form of child pornography within their premises is a conclusive
presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments
of the violation of this Act: Provided, further, That a disputable presumption of knowledge by mall
owners/operators and owners or lessors of other business establishments should know or reasonably know that a
violation of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any person who has
direct knowledge of any form of child pornography activities shall have the duty to report any suspected child
pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of
this Act.
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars
of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to
the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address that contains any form of child pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to
the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to
remove any form of child pornography within forty-eight (48) hours from receiving the notice that any form of
child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Caf or Kiosk. - The local government unit (LGU) of the city or
municipality where an internet caf or kiosk is located shall have the authority to monitor and regulate the
establishment and operation of the same or similar establishments in order to prevent violation of the provisions of
this Act.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may,
whenever necessary to ensure a fair and impartial proceeding and after considering all circumstances for
the best interest of the child conduct a closed-door investigation, prosecution or trial;
(b) The name and personal circumstances of the child, including the child's immediate family, or any other
information tending to establish his/her identity shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and
order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records shall be subject to a protective order
that provides as follows:
(1) Any form of child pornography may be viewed only by the parties, their counsel, their expert
witness and guardian ad litem;
(2) Neither form of child pornography nor any portion thereof shall be divulged to any other
person, except as necessary for investigation, prosecution or trial; and
(3) No person shall be granted access to any form of child pornography or any part thereof unless
he/she signs a written affirmation that he/she has received and read a copy of the protection order;
that he/she submits to the jurisdiction of the court with respect to the protective order; and that, in
case of violation thereof, he/she will be subject to the contempt power of the court; and
(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor,
publisher and reporter or columnist in case of printed materials, announcer or producer in case of television
and radio, producer and director of a film in case of the movie industry, or any person utilizing the tri-
media facilities or information technology to publish or broadcast the names of the victims of any case of
child pornography.
Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim
of any form of child pornography is provided appropriate care, custody and support for their recovery and
reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses
underRepublic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No.
7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child may
claim compensation therein.
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses
enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer
the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not
more than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty
ofreclusion temporal in its maximum period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty
ofreclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos
(Php750,000.00) but not more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion
temporalin its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Seven hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00)
but not more than Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in
its minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not
more than Five hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision
correccionalin its maximum period and a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision
correccionalin its medium period and a fine of not less than One hundred thousand pesos (php100,000.00)
but not more than Two hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in
its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One
hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not
more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,
the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three
million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment;
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license to
operate;
(l) Any mall owner-operator and owner or lessor of other business establishments including photo
developers, information technology professionals, credit card companies and banks, found guilty of
willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act shall
suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall
be a fine of not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment; and
(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in
its minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more
than Three hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree
of consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty
provided herein shall be in its maximum duration; Provided, That this provision shall not apply to Section
4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner,
member of the board of directors and/or any responsible officer who participated in the commission of the
crime or shall have knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her
sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a
public officer or employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture in
favor of the government of all the proceeds, tools and instruments used in the commission of the crime, unless they
are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties
are insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child pornography shall
accrue to the special account of the DSWD which shall be used exclusively for the implementation of this Act.
When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished in
value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, tools and
instruments used in the commission of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned government agencies and the LGUs shall make available the
following services to victims of any form of child pornography:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include information about the victim's rights and the procedure for
filing of complaints, claims for compensation and such other legal remedies available to them in a
language understood by the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the child victims shall adopted and carried out.
Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography
created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any form
of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society. Such
programs shall include beat but not limited to the following:
(a) Provision of mandatory services including counseling free legal services, medical or psychological
services, livelihood and skills training and educational assistance to the child pursuant to Section 18 of this
Act;
(b) Sponsorship of a national research program on any form of child pornography and other acts covered
by the law and the establishment of a data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government agencies and
nongovernmental organizations:
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public,
the academe , government, nongovernmental and international organizations and
(e) Promotion of information and education campaign.
Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency
Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the following
as members:
(a) Secretary of the Department of Justice:
(b) Secretary of the Department of Labor and Employment
(c) Secretary of the Department of Science and Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
(i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall be
nominated by the government agency representatives of the Council for appointment by the President for a
term of three (3) years and may be renewed upon renomination and reappointment by the Council and the
President respectively.
The members of the Council mat designate their permanent representatives, who shall have a rank not lower than
assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the Council
in accordance with existing budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for the Council.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of child
pornography;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various members agencies effectively address the issues
and problems attendant to child pornography;
(e) Conduct and coordinate massive information disseminations and campaign on the existence of the law
and the various issues and problems attendant to child pornography;
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on the action taken;
(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of victims of child pornography;
(i) Secure from any department, bureau, office, agency or instrumentality of the government or from NGOs
and other civic organizations such assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system relative to child abuse and exploitation and
ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of any
form of child pornography which form basis for policy formulation and program direction;
(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child
pornography;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography;
(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who
are foreign nationals in the Philippines;
(n) maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
victims of child pornography.
(p) Submit to the President and the Congressional Oversight committee credited herein the annual report
on the policies, plans, programs and activities of the Council relative to the implementation of this Act; and
(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized
Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or prosecution of any
form of child pornography by: (1) conducting a preliminary investigation against the offender and, if appropriate, to
file the necessary charges in court; (2) giving information needed by the foreign state; and (3) to apply for an order
of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with
child pornography in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution
thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at all times
recognized.
Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor
to include child pornography among extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight Committee
composed of five (5) members from the Senate and five (5) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate President based on proportional representation of the
parties or coalition therein with at least one (1) member representing the Minority. The members from the House of
Representative shall be appointed by the Speaker, also based on proportional representation of the parties or
coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one (1) member
representing the Minority
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family
relations and the House of Representatives Committee on Justice. The Secretariat of the Congressional Oversight
Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the House of
Representatives concerned.
The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness and
loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform such
other duties and functions as may be necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography
Act and the operationalization of the Inter-Agency Council Against Child Pornography shall be included in the
annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography shall
promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this
Act.
Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be suppletorily
applicable to this Act.
Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other provisions
not affected thereby shall continue to be in full force and effect.
Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed
accordingly.
Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police,
Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army
Training. The physical, mental and psychological testing and training procedure and practices to determine and
enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the
Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National
Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director
General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be
allowed without prior written notice to the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an
undertaking that no physical violence be employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of
such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a
result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall
suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there
from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if
in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and
4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such
member shall have become incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8
months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on
the activity or work in which he was habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of
the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall
require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of
the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require
medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if
in consequence of the hazing the victim sustained physical injuries which do not prevent him from
engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training organization, may impose
the appropriate administrative sanctions on the person or the persons charged under this provision even before their
conviction. The maximum penalty herein provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of
the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities,
through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where 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. If the hazing is
held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held
liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to
prevent the same from occurring.
The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof,
but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of
hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the
hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A
fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to
take action to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he
prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no
intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in
hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this Act
are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national
newspapers of general circulation.
REPUBLIC ACT NO. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation
and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State to
provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.
The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody
of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no
control.
The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of
the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; 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.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with
their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to
basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements
or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of
age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under Section
5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is
receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section
5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this
Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer
the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when
the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under Section 7
of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be
imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and I ndecent Shows. Any person who shall hire, employ, use, persuade, induce
or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of
prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be
imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow
such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts
covered by this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000):
Provided, That this provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in
its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall
be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the
loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows
any person to take along with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000),
and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph
2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide,
other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim
is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340
and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively,
shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and I ndecent
Shows, and Other Acts of Abuse. All establishments and enterprises which promote or facilitate child prostitution
and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be
immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager
thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with
the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department
of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department
may determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur
in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An
enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of
a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the
same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent
or guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements in all instances are
strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance
of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of Education, Culture and Sports
shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under given
circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall employ
child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles 108 and 109
of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty of a fine
of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of
not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided,
That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be
revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights guaranteed to children under this Act
and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective communities.
Section 18. System of and Access to Education. The Department of Education, Culture and Sports shall develop
and institute an alternative system of education for children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing situation in their communities. The Department of Education,
Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural communities are given equal attention. In the
provision of health and nutrition services to children of indigenous cultural communities, indigenous health
practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any and all
forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and
respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its
civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers,
or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding
missions from both government and non-government institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during evacuation
as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same family shall be
housed in the same premises and given separate accommodation from other evacuees and provided with facilities to
lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given
additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities
for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has been
arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following
rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the
acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to
such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately placed under the protective
custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986.
In the regular performance of this function, the officer of the Department of Social Welfare and Development shall
be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the
provisions of Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the public until
the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in the chambers of
the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give
preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim,
or any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is hereby authorized to
be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least two (2)
national newspapers of general circulation.
[REPUBLIC ACT NO. 10630] (amended RA 9344)
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE JUVENILE JUSTICE
AND WELFARE ACT OF 2006 AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: An Act Establishing a
Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the
Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.
SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 4. Definition of Terms. The following terms as used in this Act shall be defined as follows:
x x x
(s) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-
term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years
of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and support center. This will cater to
children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical
doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC) member
shall operate the Bahay Pag-asa. The team will work on the individualized intervention plan with the child and the
childs family.
x x x.
SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.
SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Social Welfare and Development and placed under its administrative
supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination among the following
agencies:
(a) Department of Justice (DOJ);
(b) Council for the Welfare of Children (CWC);
(c) Department of Education (DepED);
(d) Department of the Interior and Local Government (DILG);
(e) Public Attorneys Office (PAO);
(f) Bureau of Corrections (BUCOR);
(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (NBI);
(i) Philippine National Police (PNP);
(j) Bureau of Jail Management and Penology (BJMP);
(k) Commission on Human Rights (CHR);
(l) Technical Education and Skills Development Authority (TESDA);
(m) National Youth Commission (NYC); and
(n) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by
the concerned heads of the following departments or agencies and shall receive emoluments as may be determined
by the Council in accordance with existing budget and accounting rules and regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development (DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government (DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and Development, to
be selected based on the criteria established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities and
League of Barangays.
There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The RJJWCs will be
under the administration and supervision of the JJWC. The RJJWC shall be chaired by the director of the regional
office of the DSWD. It shall ensure the effective implementation of this Act at the regional and LGU levels and the
coordination among its member agencies.
The RJJWC will be composed of permanent representatives who shall have a rank not lower than an assistant
regional director or its equivalent to be designated by the concerned department heads from the following agencies
and shall receive emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations:
(i) Department of Justice (DOJ);
(ii) Department of Social Welfare and Development (DSWD);
(iii) Department of Education (DepED);
(iv) Department of the Interior and Local Government (DILG);
(v) Commission on Human Rights (CHR);
(vi) Department of Health (DOH);
(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the criteria
established by the JJWC;
(viii) One (1) sectoral representative from the children or youth sector within the region; and
(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the Philippines.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Social Welfare
and Development shall determine the organizational structure and staffing pattern of the JJWC national secretariat
and the RJJWC secretariat.
In the implementation of this Act, the JJWC shall consult with the various leagues of local government officials.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to
ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.
SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 9. Duties and Functions of the JJWC. The JJWC shall have the following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the
participation of government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities by national government
agencies and other activities which may have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the
JJWC;
(f) To consult with the various leagues of local government officials in the formulation and recommendation of
policies and strategies for the prevention of juvenile delinquency and the promotion of juvenile justice and welfare;
(g) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile
delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in
conflict with the law;
(h) To collect relevant information and conduct continuing research and support evaluations and studies on all
matters relating to juvenile justice and welfare, such as, but not limited to:
(1) The performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) The particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and
welfare system.
The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act.
The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.
(i) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to
conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided herein and to make the necessary
recommendations to appropriate agencies;
(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;
(k) To submit an annual report to the President on the implementation of this Act; and
(l) To perform such other functions as may be necessary to implement the provisions of this Act.
SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall have the following duties and functions:
(a) To oversee and ensure the effective implementation of this Act at the regional level and at the level of the
LGUs;
(b) To assist the concerned agencies in the implementation and in compliance with the JJWCs adopted
policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with the
provisions of this Act;
(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program, with the
participation of concerned LGUs, NGOs and youth organizations within the region and monitor its implementation;
(d) To coordinate the implementation of the juvenile intervention programs and activities by national government
agencies and other activities within the region;
(e) To oversee the programs and operation of the intensive juvenile intervention and support center established
within the region;
(f) To collect relevant regional information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare within the region, such as, but not limited to:
(1) Performance and results achieved by juvenile intervention programs and by activities of the LGUs and other
government agencies within the region;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to the
regional level; and
(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction.
The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be deemed
necessary by the JJWC.
(g) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to
conduct regular inspections in detention and rehabilitation facilities within the region and to undertake spot
inspections on their own initiative in order to check compliance with the standards provided herein and to make the
necessary reports and recommendations to appropriate agencies and to the JJWC;
(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program within the region;
(i) To submit an annual report to the JJWC on the implementation of this Act; and
(j) To perform such other functions as may be determined by the JJWC to implement the provisions of this Act.
SEC. 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 20. Children Below the Age of Criminal Responsibility. If it has been determined that the child taken into
custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in
consultation with the local social welfare and development officer, has the duty to immediately release the child to
the custody of his/her parents or guardian, or in the absence thereof, the childs nearest relative. The child shall be
subjected to a community-based intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a youth care facility or Bahay Pag-
asa managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.
The local social welfare and development officer shall determine the appropriate programs for the child who has
been released, in consultation with the child and the person having custody over the child. If the parents, guardians
or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the
following:
(a) A duly registered nongovernmental or religious organization;
(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.
If the child has been found by the local social welfare and development officer to be dependent, abandoned,
neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care
facility or Bahay Pag-asa, the childs parents or guardians shall execute a written authorization for the voluntary
commitment of the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute
the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to
Presidential Decree No. 603, as amended, otherwise known as The Child and Youth Welfare Code and the
Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed
to a youth care facility or Bahay Pag-asa shall be twelve (12) years old.
SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. A child who
is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act
No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of
imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care faculty or Bahay Pag-asa called the Intensive
Juvenile Intervention and Support Center (IJISC).
In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment
and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where
the offense was committed, or by the DSWD social worker in the local social welfare and development officers
absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said
child. The court, where the petition for involuntary commitment has been filed shall decide on the petition within
seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. The
multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a
psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the services
extended to the parents and family of the child and the compliance of the parents in the intervention program. The
court will decide whether the child has successfully completed the center-based intervention program and is already
prepared to be reintegrated with his/her family or if there is a need for the continuation of the center-based
rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of
the child.
SEC. 20-B. Repetition of Offenses. A child who is above twelve (12) years of age up to fifteen (15) years of age
and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a
community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as
amended, and shall undergo an intensive intervention program supervised by the local social welfare and
development officer: Provided, further, That, if the best interest of the child requires that he/she be placed in a
youth care facility or Bahay Pag-asa, the childs parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if the child has no parents or guardians or if they refuse
or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as
amended.
SEC. 20-C. Exploitation of Children for Commission of Crimes. Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from the use of children, including any person who abuses his/her
authority over the child or who, with abuse of confidence, takes advantage of the vulnerabilities of the child and
shall induce, threaten or instigate the commission of the crime, shall be imposed the penalty prescribed by law for
the crime committed in its maximum period.
SEC. 20-D. Joint Parental Responsibility. Based on the recommendation of the multi-disciplinary team of the
IJISC, the LSWDO or the DSWD, the court may require the parents of a child in conflict with the law to undergo
counseling or any other intervention that, in the opinion of the court, would advance the welfare and best interest of
the child.
As used in this Act, parents shall mean any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
A court exercising jurisdiction over a child in conflict with the law may require the attendance of one or both
parents of the child at the place where the proceedings are to be conducted.
The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising
reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and
utmost diligence to prevent or discourage the child from committing another offense.
SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The victim of the offense committed by a
child and the victims family shall be provided the appropriate assistance and psychological intervention by the
LSWDO, the DSWD and other concerned agencies.
SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 22. Duties During Initial Investigation. The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) childs counsel of
choice or in the absence thereof, a lawyer from the Public Attorneys Office; (2) the childs parents, guardian, or
nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the
childs parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.
The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the
child acted with discernment, using the discernment assessment tools developed by the DSWD. The initial
assessment shall be without prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below
eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to
diversion under the following chapter.
SEC. 8. Section 33 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 33. Preliminary Investigation and Filing of Information. The prosecutor shall conduct a preliminary
investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion;
(b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and
(c) when considering the assessment and recommendation of the social worker, the prosecutor determines that
diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorneys Office
of such service, as well as the personal information, and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the
Family Court within forty-five (45) days from the start of the preliminary investigation. The information must
allege that the child acted with discernment.
SEC. 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 49. Establishment of Bahay Pag-Asa. Each province and highly-urbanized city (the LGUs) shall be
responsible for building, funding and operating a Bahay Pag-asa within their jurisdiction following the standards
that will be set by the DSWD and adopted by the JJWC.
Every Bahay Pag-asa will have a special facility called the IJISC. This Center will be allocated for children in
conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children will be required to
undergo a more intensive multi-disciplinary intervention program. The JJWC in partnership with, but not limited to,
the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the implementation of the
multi-disciplinary intervention program of the IJISC. Upon institutionalization of the IJISC program, the JJWC will
continue to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers.
SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. x x x
The LGUs expected expenditures on the local juvenile intervention program for children at risk and children in
conflict with the law shall be included in the LGUs annual budget. Highly-urbanized cities and provincial
governments should include a separate budget for the construction and maintenance of the Bahay Pag-asa
including the operation of the IJISC within the Bahay Pag-asa.
SEC. 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 57. Status Offenses. Any conduct not considered an offense or not penalized if committed by an adult shall
not be considered an offense and shall not be punished if committed by a child.
SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local governments concerning juvenile status
offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-
drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to,
disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No penalty
shall be imposed on children for said violations, and they shall instead be brought to their residence or to any
barangay official at the barangay hall to be released to the custody of their parents. Appropriate intervention
programs shall be provided for in such ordinances. The child shall also be recorded as a child at risk and not as a
child in conflict with the law. The ordinance shall also provide for intervention programs, such as counseling,
attendance in group activities for children, and for the parents, attendance in parenting education seminars.
SEC. 12. Mandatory Registry of Children in Conflict with the Law. All duty-bearers, including barangay/BCPC
workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who will receive report,
handle or refer cases of children in conflict with the law, shall ensure a faithful recordation of all pertinent
information, such as age, residence, gender, crime committed or accused of and the details of the intervention or
diversion, as the case may be, under which they will undergo or has undergone, of all children in conflict with the
law to guarantee the correct application of the provisions of this Act and other laws. The JJWC shall lead in the
establishment of a centralized information management system on children in conflict with the law. This provision
is however without prejudice to Section 43 of this Act.
SEC. 13. Section 63 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 63. Appropriations. The amount necessary to carry out the provisions of this Act shall be charged against
the current years appropriations of the JJWC under the budget of the Department of Justice. Thereafter, such sums
as may be necessary for the continued implementation of this Act shall be included in the budget of the DSWD
under the annual General Appropriations Act: Provided, That the amount of Four hundred million pesos
(P400,000,000.00) shall be appropriated for the construction of Bahay Pag-asa rehabilitation centers in provinces
or cities with high incidence of children in conflict with the law to be determined and identified by the DSWD and
the JJWC on a priority basis:Provided, further, That the said amount shall be coursed through the Department of
Public Works and Highways (DPWH) for its proper implementation.
The LGUs concerned shall make available, from its own resources or assets, their counterpart share equivalent to
the national government contribution of Five million pesos (P5,000,000.00) per rehabilitation center.
In addition, the Council may accept donations, grants and contributions from various sources, in cash or in kind,
for purposes relevant to its functions, subject to the usual government accounting and auditing rules and
regulations.
SEC. 14. Implementing Rules and Regulations. The JJWC shall promulgate the necessary rules and regulations
within sixty (60) days from the effectivity of this Act.
SEC. 15. Separability Clause. If any provision of this Act is held unconstitutional, other provisions not affected
thereby shall remain valid and binding.
SEC. 16. Repealing Clause. All laws, decrees, ordinances and rules inconsistent with the provisions of this Act
are hereby modified or repealed accordingly.
SEC. 17. Effectivity Clause. This Act shall take effect fifteen (15) days after the completion of its publication in
theOfficial Gazette or in at least two (2) national newspapers of general circulation.
REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF
THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication
or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding
sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured either before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the
contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to
any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who violates the provisions of the following section or of any
order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by
imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual
absolute disqualification from public office if the offender be a public official at the time of the commission of the
offense, and, if the offender is an alien he shall be subject to deportation proceedings.
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding
sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy,
mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations
of Commonwealth Act No. 616, punishing espionage and other offenses against national security: Provided, That
such written order shall only be issued or granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds
to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to
be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually
been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained
essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and
(3) that there are no other means readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose communications,
conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location; (2)
the identity of the peace officer authorized to overhear, intercept, or record the communications, conversations,
discussions, or spoken words; (3) the offense or offenses committed or sought to be prevented; and (4) the period of
the authorization. The authorization shall be effective for the period specified in the order which shall not exceed
sixty (60) days from the date of issuance of the order, unless extended or renewed by the court upon being satisfied
that such extension or renewal is in the public interest.
All recordings made under court authorization shall, within forty-eight hours after the expiration of the period fixed
in the order, be deposited with the court in a sealed envelope or sealed package, and shall be accompanied by an
affidavit of the peace officer granted such authority stating the number of recordings made, the dates and times
covered by each recording, the number of tapes, discs, or records included in the deposit, and certifying that no
duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies
are included in the envelope or package deposited with the court. The envelope or package so deposited shall not be
opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court,
which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons
whose conversation or communications have been recorded.
The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial
jurisdiction the acts for which authority is applied for are to be executed.
Section 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of
the same or any part thereof, or any information therein contained obtained or secured by any person in violation of
the preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended.
Section 6. This Act shall take effect upon its approval.
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of
government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the
existence of ready buyers, commonly known as fence, of stolen properties;lawphil.net
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery
and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not
exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but
the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code
shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property
robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property
involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the
value of the property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding
50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof who knows or should have known the commission of the offense
shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which
has been the subject of robbery or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments
or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an
unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary
clearance or permit from the station commander of the Integrated National Police in the town or city where such
store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police
shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to
secure the clearance or permit required by this section or who violates any of the provisions of the rules and
regulations promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are
hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF
PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and
regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles
obtained from an unlicensed dealer or supplier thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained
from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.
2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or any
other entity or establishment not licensed by the government to engage in the business of dealing in or of
supplying the articles defined in the preceding paragraph.
3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying
and selling used secondhand articles, as defined in paragraph hereof.
4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose
of resale to third persons.
5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the
territorial limits of the town or city district where the store, establishment or entity dealing in the buying
and selling of used secondhand articles is located.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without
first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated
National Police.
2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group
of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or
other responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or
subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public,
the said branch or subsidiary shall secure the required clearance or permit.
4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or
equivalent document evidencing the legality of its acquisition could be presented by the present possessor
or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly
obtained, shall be presumed as having been acquired from an unlicensed dealer or supplier and the
possessor or holder thereof must secure the required clearance or permit before the same can be sold or
offered for sale to the public.
III. Procedure for Procurement of Clearances or Permits
1. The Station Commanders concerned shall require the owner of a store or the president, manager or
responsible officer-in-charge of a firm, establishment or other entity located within their respective
jurisdictions and in possession of or having in stock used secondhand articles as defined herein, to submit
an initial affidavit within thirty (30) days from receipt of notice for the purpose thereof and subsequent
affidavits once every fifteen (15) days within five (5) days after the period covered, which shall contain:
(a) A complete inventory of such articles acquired daily from whatever source and the names and
addresses of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the place where the date when the
sale or offer for sale shall commence.
(c) The place where the articles are presently deposited or kept in stock.
The Station Commander may, at his discretion when the circumstances of each case warrant, require that
the affidavit submitted be accompanied by other documents showing proof of legitimacy of the acquisition
of the articles.
2. A party required to secure a clearance or permit under these rules and regulations shall file an
application therefor with the Station Commander concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the persons, in case of an individual
or, in the case of a firm, corporation, association, partnership or other entity, the name, address
and other pertinent circumstances of the president, manager or officer-in-charge.
(b) The article to be sold or offered for sale to the public and the name and address of the
unlicensed dealer or supplier from whom such article was acquired.
In support of the application, there shall be attached to it the corresponding receipt or other equivalent
document to show proof of the legitimacy of acquisition of the article.
3. The Station Commander shall examine the documents attached to the application and may require the
presentation of other additional documents, if necessary, to show satisfactory proof of the legitimacy of
acquisition of the article, subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station Commander shall, upon
approval of the INP Superintendent in the district and at the expense of the party seeking the
clearance/permit, cause the publication of a notice in a newspaper of general circulation for two
(2) successive days enumerating therein the articles acquired from an unlicensed dealer or
supplier, the names and addresses of the persons from whom they were acquired and shall state
that such articles are to be sold or offered for sale to the public at the address of the store,
establishment or other entity seeking the clearance/permit. In places where no newspapers are in
general circulation, the party seeking the clearance or permit shall, instead, post a notice daily for
one week on the bulletin board of the municipal building of the town where the store, firm,
establishment or entity concerned is located or, in the case of an individual, where the articles in
his possession are to be sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of the notice referred to in the
preceding paragraph, no claim is made with respect to any of the articles enumerated in the notice,
the Station Commander shall issue the clearance or permit sought.
(c) If, before expiration of the same period for publication of the notice or its posting, it shall
appear that any of the articles in question is stolen property, the Station Commander shall hold the
article in restraint as evidence in any appropriate case to be filed. Articles held in restraint shall be
kept and disposed of as the circumstances of each case permit, taking into account all
considerations of right and justice in the case. In any case where any article is held in restraint, it
shall be the duty of the Station Commander concerned to advise/notify the Commission on Audit
of the case and comply with such procedure as may be proper under applicable existing laws,
rules and regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the application,
act thereon by either issuing the clearance/permit requested or denying the same. Denial of an application
shall be in writing and shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such other documents as may be
pertinent in the implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in Annexes
"A", "B", "C", "D", and "E" hereof, which are made integral parts of these rules and regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be
charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case to the
proper INP District Superintendent and, if he is still dissatisfied therewith may take the same on appeal to the INP
Director. The decision of the INP Director may also be appealed to the INP Director-General whose decision may
likewise be appealed to the Minister of National Defense. The decision of the Minister of National Defense on the
case shall be final. The appeal against the decision taken by a Commander lower than the INP Director-General
should be filed to the next higher Commander within ten (10) days from receipt of notice of the decision. The
decision of the INP Director-General should be appealed within fifteen (15) days from receipt of notice of the
decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who
violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the business
license of the erring individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the
provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are
found to be stolen property shall likewise be held under restraint and shall, furthermore, be subject to
confiscation as evidence in the appropriate case to be filed. If, upon termination of the case, the same is not
claimed by their legitimate owners, the article/s shall be forfeited in favor of the government and made
subject to disposition as the circumstances warrant in accordance with applicable existing laws, rules and
regulations. The Commission on Audit shall, in all cases, be notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No.
1612 or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or
through his negligence or inaction makes possible the commission of such violations by any party required
to comply with the law and its implementing rules and regulations, shall be prosecuted criminally without
prejudice to the imposition of administrative penalties.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any
firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to
the public to allow the Station Commander or his authorized representative to exercise visitorial powers. For this
purpose, however, the power to conduct visitations shall be exercise only during office or business hours and upon
authority in writing from and by the INP Superintendent in the district and for the sole purpose of determining
whether articles are kept in possession or stock contrary to the intents of Section 6 of P.D. No. 1612 and of these
rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following
Action on Applications for Clearances or Permits
1. At the end of each month, it shall be the duty of the Station Commander concerned to:
(a) Make and maintain a file in his office of all clearances/permit issued by him.
(b) Submit a full report to the INP District Superintendent on the number of applications for
clearances or permits processed by his office, indicating therein the number of clearances/permits
issued and the number of applications denied. The report shall state the reasons for denial of an
application and the corresponding follow-up actions taken and shall be accompanied by an
inventory of the articles to be sold or offered for sale in his jurisdiction.
2. The INP District Superintendent shall, on the basis of the reports submitted by the Station Commander,
in turn submit quarterly reports to the appropriate INP Director containing a consolidation of the
information stated in the reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted
semi-annually by INP Directors to the Director-General, Integrated National Police.
4. In all cases, reports emanating from the different levels of the Integrated National Police shall be
accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or
suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report.
These implementing rules and regulations, having been published in a newspaper of national circulation, shall take
effect on June 15, 1979.
BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on
account or for value, 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, 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, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less
than thirty days but not more than one (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, or both such fine and imprisonment at
the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check, 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 ninety (90) days from the date appearing thereon, for which
reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check
in behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of
which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, 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, 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.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay
the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language
thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where there
are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of
dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any unpaid and dishonored
check, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as
aforesaid, shall be prima facie evidence of the making or issuance of said check, and the due presentment to the
drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written,
stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code.
Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the remaining
provisions shall continue to be in force.
Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.
ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21, 2001
RE : PENALTY FOR VIOLATION OF B.P. BLG. 22
Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient
Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but
not more than one (1) year or a fine of not less than but not more than double the amount of the check, which fine
shall in no case exceed P200,000, or both such fine and imprisonment at the discretion of the court.
In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 131714, 16 November 1998; 298 SCRA 656, 664)
the Supreme Court (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for violation of
B.P. Blg. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the
amount of the check. In justification thereof, the Court said:
Petitioners are first-time offenders. They are Filipino entrepreneurs who presumably contribute to the
national economy. Apparently, they brought this appeal, believing in all good faith, although mistakenly
that they had not committed a violation of B.P. Blg. 22. Otherwise, they could simply have accepted the
judgment of the trial court and applied for probation to evade a prison term. It would best serve the ends of
criminal justice if in fixing the penalty within the range of discretion allowed by Section 1, par. 1, the same
philosophy underlying the Indeterminate Sentence Law is observed, namely, that of redeeming valuable
human material and preventing unnecessary deprivation f personal liberty and economic usefulness with
due regard to the protection of the social order. In this case, we believe that a fine in an amount equal to
double the amount of the check involved is an appropriate penalty to impose on each of the petitioners In
the recent case of Rosa Lim v. People of the Philippines (G. R. No. 130038, 18 September 2000), the
Supreme Court en banc, applying Vaca also deleted the penalty of imprisonment and sentenced the drawer
of the bounced check to the maximum of the fine allowed by B.P. Blg. 22, i.e., P200,000, and concluded
that such would best serve the ends of criminal justice.
All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the
matter of the imposition of penalties for violations of B.P. Blg. 22. The Court Administrator shall cause the
immediate dissemination of this Administrative Circular to all courts and judges concerned.
This Administrative Circular, referred to and approved by the Supreme Court en banc, shall take effect upon its
issuance.
ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001
TO : ALL JUDGES
SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 12-2000 ON THE PENALTY
FOR VIOLATION OF BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS THE BOUNCING
CHECK LAW.
Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative
Circular 12-2000 issued on 21 November 2000. In particular, queries have been made regarding the authority of
Judges to:
1. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22; and
2. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the
provisions of B.P. Blg. 22, is unable to pay the fine which he is sentenced to pay considering
that Administrative Circular No. 12-2000 adopted the rulings in Eduardo Vaca v. Court of Appeals (G.R.
No. 131714, 16 November 1998, 298 SCRA 656) and Rosa Lim v. People of the Philippines (G.R. No.
130038, 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties
for violations of B.P. Blg. 22, without mentioning whether subsidiary imprisonment could be resorted to in
case of the accused's inability to pay the fine.
The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove imprisonment as an
alternative penalty, but to lay down a rule of preference in the application of the penalties provided for in B.P. Blg.
22.
The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B.P. Blg. 22.
Neither does it defeat the legislative intent behind the law.
Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions
of B.P. Blg. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or
a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more
appropriate penalty. Needless to say, the determination of whether the circumstances warrant the imposition of a
fine alone rests solely upon the Judge. Should the Judge decide that imprisonment is the more appropriate
penalty, Administrative Circular No. 12-2000 ought not be deemed a hindrance.
It is, therefore, understood that:
1. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations
of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the
peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the
interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the
offense, work violence on the social order, or otherwise be contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the
application of the Revised Penal Code provisions on subsidiary imprisonment.
The issuance of this Administrative Circular was authorized by the Court En Banc in A.M. No. 00-11-01-SC at its
session of 13 February 2001.
The Clerk of Court of the Supreme Court and the Court Administrator shall immediately cause the implementation
of this Administrative Circular.
This Administrative Circular shall be published in a newspaper of general circulation not later than 20 February
2001.
PRESIDENTIAL DECREE No. 1689 April 6, 1980

INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA

WHEREAS, there is an upsurge in the commission of swindling and other forms of frauds in rural banks,
cooperatives, "samahang nayon (s)", and farmers' associations or corporations/associations operating on funds
solicited from the general public;

WHEREAS, such defraudation or misappropriation of funds contributed by stockholders or members of such rural
banks, cooperatives, "samahang nayon(s)", or farmers' associations, or of funds solicited by
corporations/associations from the general public, erodes the confidence of the public in the banking and
cooperative system, contravenes the public interest, and constitutes economic sabotage that threatens the stability of
the nation;

WHEREAS, it is imperative that the resurgence of said crimes be checked, or at least minimized, by imposing
capital punishment on certain forms of swindling and other frauds involving rural banks, cooperatives, "samahang
nayon(s)", farmers' associations or corporations/associations operating on funds solicited from the general public;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby decree and order as follows:

Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and
316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling
(estafa) is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of
money contributed by stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers
association, or of funds solicited by corporations/associations from the general public.

When not committed by a syndicate as above defined, the penalty imposable shall be reclusion temporal to
reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.

Section 2. This decree shall take effect immediately.

REPUBLIC ACT No. 6539 (amended by RA 7659) August 26, 1972
AN ACT PREVENTING AND PENALIZING CARNAPPING
Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of 1972."
Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or tampering with", "repainting",
"body-building", "remodeling", "dismantling", and "overhauling", as used in this Act, shall be understood,
respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's
consent, or by means of violence against or intimidation of persons, or by using force upon things.
"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only
on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment
to a motor vehicle, shall be classified as separate motor vehicle with no power rating.
"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original
factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis
which is different from that which is listed in the records of the Bureau of Customs for motor vehicles
imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with
serial number.
"Repainting" is changing the color of a motor vehicle by means of painting. There is repainting whenever
the new color of a motor vehicle is different from its color as registered in the Land Transportation
Commission.
"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body.
"Remodeling" is the introduction of some changes in the shape or form of the body of the motor
vehicle.lawphi1
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor
engine and its parts from the body of the motor vehicle.
Section 3. Registration of motor vehicle engine, engine block and chassis. Within one year after the approval of this
Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register
with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the
name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine,
engine block or chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the
Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or
carnapped, and shall be confiscated in favor of the Government.
All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police
without paying any charges.
Section 4. Permanent registry of motor vehicle engines, engine blocks and chassis. The Land Transportation
Commission shall keep a permanent registry of motor vehicle engines, engine blocks and chassis of all motor
vehicles, specifying therein their type, make and serial numbers and stating therein the names and addresses of their
present and previous owners. Copies of the registry and of all entries made thereon shall be furnished the Philippine
Constabulary and all Land Transportation Commission regional, provincial and city branch offices:Provided, That
all Land Transportation Commission regional, provincial and city branch offices are likewise obliged to furnish
copies of all registration of motor vehicles to the main office and to the Philippine Constabulary.
Section 5. Registration of sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine
block or chassis. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine
block or chassis of a motor vehicle shall be registered with the Land Transportation Commission. Motor vehicles
assembled and rebuilt or repaired by replacement with motor vehicle engines, engine blocks and chassis not
registered with the Land Transportation Commission shall not be issued certificates of registration and shall be
considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources.
Section 6. Original Registration of motor vehicles. Any person seeking the original registration of a motor vehicle,
whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, shall within one week
after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner, apply to
the Philippine Constabulary for clearance of the motor vehicle for registration with the Land Transportation
Commission. The Philippine Constabulary shall, upon receipt of the application, verify if the motor vehicle or its
numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or any
of its numbered parts is not in that list, the Philippine Constabulary shall forthwith issue a certificate of clearance.
Upon presentation of the certificate of clearance from the Philippine Constabulary and after verification of the
registration of the motor vehicle engine, engine block and chassis in the permanent registry of motor vehicle
engines, engine blocks and chassis, the Land Transportation Commission shall register the motor vehicle in
accordance with existing laws, rules and regulations.
Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle, etc. The Collector of Customs
of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block chassis or body is
unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated
herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial
numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses
of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any
serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or
body until it is numbered by the Land Transportation Commission.
Section 8. Duty of importers, distributors and sellers of motor vehicles to keep record of stocks. Any person
engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine
blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial
numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses
of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor
vehicles to the Land Transportation Commission.
Section 9. Duty of manufacturers of engine blocks, chassis or body to cause numbering of engine blocks, chassis or
body manufactured. Any person engaged in the manufacture of engine blocks, chassis or body shall cause the
numbering of every engine block, chassis or body manufactured in a convenient and conspicuous part thereof which
the Land Transportation Commission may direct for the purpose of uniformity and identification of the factory and
shall submit to the Land Transportation Commission a monthly report of the manufacture and sale of engine blocks,
chassis or body.
Section 10. Clearance and permit required for assembly or rebuilding of motor vehicles. Any person who shall
undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the
applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis
and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together
with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the
applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land
Transportation Commission the pertinent data concerning the motor vehicle engines including their type, make and
serial numbers.
Section 11. Clearance required for shipment of motor vehicles, motor vehicle engines, engine blocks, chassis or
body. Any person who owns or operates inter-island shipping or any water transportation with launches, boats,
vessels or ships shall within seven days submit a report to the Philippine Constabulary on all motor vehicle, motor
vehicle engines, engine blocks, chassis or bodies transported by it for the motor vehicle, motor vehicle engine,
engine block, chassis or body to be loaded on board the launch, boat vessel or ship.
Section 12. Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and chassis. It shall
be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor
vehicle engines, engine blocks and chassis.
Section 13. Penal Provisions. Any person who violates any provisions of this Act shall be punished with
imprisonment for not less than two years nor more than six years and a fine equal in amount to the acquisition cost
of the motor vehicle, motor vehicle engine or any other part involved in the violation: Provided, That if the person
violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its
president or secretary and/or members of the board of directors or any of its officers and employees who may have
directly participated in the violation.
Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall, in
addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election and from appointment to any
public office.
Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in
Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not
less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping
is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less
than seventeen years and four months and not more than thirty years, when the carnapping is committed by means
of violence against or intimidation of any person, or force upon things; and the penalty of life imprisonment to
death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the
commission of the carnapping.
Section 15. Aliens. Aliens convicted under the provisions of this Act shall be deported immediately after service of
sentence without further proceedings by the Deportation Board.
Section 16. Reward. Any person who voluntarily gives information leading to the recovery of carnapped vehicles
and for the conviction of the persons charged with carnapping shall be given as reward so much reward money as
the Philippine Constabulary may fix. The Philippine Constabulary is authorized to include in its annual budget the
amount necessary to carry out the purposes of this section. Any information given by informers shall be treated as
confidential matter.
Section 17. Separability clause. If any provisions of this Act is declared invalid, the provisions thereof not affected
by such declaration shall remain in force and effect.
Section 18. Repealing clause. All laws, executive orders, rules and regulations, or parts thereof, inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.
Section 19. Effectivity. This Act shall take effect upon its approval.
REPUBLIC ACT NO. 7659 December 13, 1993
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR
THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS,
AND FOR OTHER PURPOSES

Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is hereby
amended to read as follows:
"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping, as this term is defined
in Section Two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not more than seventeen years and four
months, when the carnapping is committed without violence or intimidation of persons, or force upon
things; and by imprisonment for not less than seventeen years and four months and not more than thirty
years, when the carnapping is committed by means of violence against or intimidation of any person, or
force upon things; and the penalty of reclusion perpetua to death shall be imposed when the owner, driver
or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the
carnapping or on the occasion thereof."

PRESIDENTIAL DECREE No. 1613 March 7, 1979
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other crimes
involving destruction in Metro Manila and other urban centers in the country are being perpetrated by criminal
syndicates, some of which have foreign connections;
WHEREAS, the current law on arson suffers from certain inadequacies that impede the successful enforcement and
prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be prevented to
protect the national economy and preserve the social, economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land, the following:
Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose
to danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible
materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property
4. Any building where evidence is kept for use in any legislative, judicial, administrative or other official
proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be imposed in its
maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima facie evidence
of arson:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building note necessary
in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked
therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned
building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the
same or other premises owned or under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property
had been withdrawn from the premises except in the ordinary course of business.
6. If a demand for money or other valuable consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its
minimum period.
Section 8. Confiscation of Object of Arson. The building which is the object of arson including the land on which it
is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no
participation in nor knowledge of such arson despite the exercise of due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby
repealed or amended accordingly.
Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at least once in a
newspaper of general circulation.
REPUBLIC ACT No. 9995 February 15, 2010
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees
full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity
and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a
person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or
broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity or of capturing an image of the private area of a
person or persons without the latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device without the written consent of
the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was
given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being concerned that an image or a private area of the person was
being captured; or circumstances in which a reasonable person would believe that a private area of the
person would not be visible to the public, regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar
activity or to capture an image of the private area of a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of
sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7) years
and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of
violating Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the
persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the
station manager, editor and broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and
payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in
any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That such written order
shall only be issued or granted upon written application and the examination under oath or affirmation of the
applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that
photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the solution or prevention of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any
person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.1avvphi1
Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remaining
provisions not affected thereby shall remain valid and subsisting.
Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction ,
administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in two(2) newspapers of general circulation.
ADMINISTRATIVE CIRCULAR No. 08-2008
TO: ALL JUDGES
SUBJECT: GUIDELINES IN THE OBSERVANCE OF A RULE OF PREFERENCE IN THE
IMPOSITION OF PENALTIES IN LIBEL CASES.
Article 355 of the Revised Penal Code penalizes libel, committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means,
with prision correctional in its minimum and medium periods or fine ranging from 200 to 6,000 pesos, or both, in
addition to the civil action which may be brought by the offended party.
In the following cases, the Court opted to impose only a fine on the person convicted of the crime of libel:
In Fernando Sazon v. Court of Appeals and People of the Philippines,
1
the Court modified the penalty imposed
upon petitioner, an officer of a homeowners association, for the crime of libel from imprisonment and fine in the
amount of P200.00, to fine only of P3,000.00, with subsidiary imprisonment in case of insolvency, for the reason
that he wrote the libelous article merely to defend his honor against the malicious messages that earlier circulated
around the subdivision, which he thought was the handiwork of the private complainant.
In Quirico Mari v. Court of Appeals and People of the Philippines,
2
where the crime involved is slander by deed,
the Court modified the penalty imposed on the petitioner, an ordinary government employee, from imprisonment to
fine of P1,000.00, with subsidiary imprisonment in case of insolvency, on the ground that the latter committed the
offense in the heat of anger and in reaction to a perceived provocation.
In Roberto Brillante v. Court of Appeals and People of the Philippines,
3
the Court deleted the penalty of
imprisonment imposed upon petitioner, a local politician, but maintained the penalty of fine of P4,0000.00, with
subsidiary imprisonment in case of insolvency, in each of the (5) cases of libel, on the ground that the intensely
feverish passions evoked during the election period in 1988 must have agitated petitioner into writing his open
letter; and that incomplete privileged communication should be appreciated in favor of petitioner, especially
considering the wide latitude traditionally given to defamatory utterances against public officials in connection with
or relevant to their performance of official duties or against public figures in relation to matters of public interest
involving them.
In Jose Alemania Buatis, Jr. v. People of the Philippines and Atty. Jose Pieraz,
4
the Court opted to impose upon
petitioner, a lawyer, the penalty of fine only for the crime of libel considering that it was his first offense and he was
motivated purely by his belief that he was merely exercising a civic or moral duty to his client when wrote the
defamatory letter to private complainant.
The foregoing cases indicate an emergent rule of preference for the imposition of fine only rather than
imprisonment in libel cases under the circumstances therein specified.
All courts and judges concerned should henceforth take note of the foregoing rule of preference set by the Supreme
Court on the matter of the imposition of penalties for the crime of libel bearing in mind the following principles:
1. This Administrative Circular does not remove imprisonment as an alternative penalty for the
crime libel under Article 355 of the Revised Penal Code;
2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the
peculiar circumstances of each case, determine whether the imposition of a fine alone would best
serve the interests of justice or whether forbearing to impose imprisonment would depreciate the
seriousness of the offense, work violence on the social order, or otherwise be contrary to the
imperative of justice;
3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle
to the application of the Revised Penal Code provision on subsidiary imprisonment.
The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and
judges concerned.
This Administrative Circular, approved by the Supreme Court En Banc in A.M. No. 08-1-17 SC at its session of 22
January 2008 shall take effect upon its issuance.
Issued this 25th day of January 2008