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Title V.

Crimes Relative to Opium and Other


Prohibited Drugs

16. Unlawful Prescription of Dangerous Drugs


(Sec. 19)

NOTE: Art 190-194 were repealed by RA 6425,


known as the Dangerous Drug Act of 1972. RA No.
9165, known as the Comprehensive Dangerous
Drug Act of 2002 in turn repealed RA No. 6425

DEFINITION OF IMPORTANT TERMS

ACTS PUNISHED
1. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemical (Sec. 4)
2. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec.
5)
3. Maintenance of a Den, Dive or Resort. (Sec.
6)
4. Employees and Visitors of a Den, Dive or
Resort(Sec. 7)
5. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals (Sec. 8)
6. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. (Sec.
9)
7. Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. (Sec. 10)
8. Possession of Dangerous Drugs (Sec. 11)
9. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs (Sec. 12)
10. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings (Sec.
13)
11. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings (Sec. 14)
12. Use of Dangerous Drugs (Sec. 15)
13. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof.
(Sec. 16)
14. Maintenance and Keeping of Original
Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals (Sec. 17)
15. Unnecessary Prescription of Dangerous
Drugs (Sec. 18)

1.) Administer: Any act of introducing a dangerous


drug into a person's body with or without his/her
knowledge in any way. It doesn't matter if it's by
injection, inhalation, injection or any other method,
and it won't matter if it's self-administered or not. The
exception is if it's done by a licensed practitioner
(doctor, nurse, etc.) for medication purposes.
2.) Controlled precursors and essential chemicals:
These include the chemicals listed in Tables 1 and 2
of the UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances. They're called
"controlled" because they have legal uses (like
manufacture of medicines) but subject to regulation
because they're addictive.
3.) Dangerous drugs: Those listed in the schedules
attached to the 1961 Single Convention on Narcotic
Drugs (and its 1972 amendment.)
4.) Drug dependence: This follows the WHO
definition: a cluster of psychological, behavioral and
cognitive phenomena of variable intensity, in which
the use of psychoactive drugs takes on a high
priority thereby involving, among others, a strong
desire or a sense of compulsion to take the
substance and the difficulties in controlling
substance-taking behavior in terms of its
onset, termination or levels of use.
5.) Deliver: Knowingly passing a dangerous drug to
another. It may be personally or any other way and
by any means; consideration doesn't matter.
6.) Sell: Any act of giving away any dangerous drug
and/or controlled precursor and essential chemical
regardless if it was for money or another
consideration.
7.) Drug syndicate: Any group of 2 or more persons
formed or joining together in order to commit a
violation of the dangerous drugs act.
8.) Dispense: Any act of giving away, selling or
distributing medicine or any dangerous drug with or
without prescription. Dispensing isn't a crime per se.
It will depend on the other circumstances.
9.) Den, dive or resort: A place where any dangerous
drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.

10.) Illegal trafficking: Illegal cultivation, culture,


delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation,
export and possession of any dangerous drug and/or
controlled precursor and essential chemical.
11.) Trading: Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic
devices. This includes e-mail, text messages,
cellphones, landline, 2-way radios, the internet,
instant messages and chat rooms or acting as
brokers in any way of such transaction in violation of
the dangerous drugs act. It may be for money or any
other consideration.
12.) Employee of a den, dive or resort: A caretaker,
helper, watchman, lookout or other persons working
at the den, dive or resort. They're employed by the
person who runs the den, dive or resort with or
without compensation in connection with the illegal
drugs operation
13.) Financier: Any person who pays for, raises or
supplies money for or underwrites any of the illegal
activities under the dangerous drugs act.
14.) Protector/coddler: Any person who knowingly
and willfully consents to the violations of the
dangerous drugs act and uses his/her power,
influence or position to shield, harbor, screen or
facilitate the escape of any person he/she knows,
suspects or has reason to believe has violated the
dangerous drugs act in order to prevent the violator
from being arrested, prosecuted and/or convicted.
15.) Pusher: Any person who sells, trades,
administers, dispenses, gives away on whatever
terms, distributes, dispatches in transit, transports
dangerous drugs or acts as a broker in any
transaction that violates the dangerous drugs act.
OTHER IMPORTANT POINTS
May a drug dependent who is found guilty of the
use of dangerous drugs voluntarily submit
himself for treatment and rehabilitation? Yes. The
drug dependent may, by himself/herself or through
his/her parent, spouse, guardian or relative within
How long will the drug dependent be confined
for treatment and rehabilitation? Confinement in a
Center for treatment and rehabilitation shall not
exceed one (1) year, after which time the Court, as
well as the Board, shall be apprised by the head of
the treatment and rehabilitation center of the status

of said drug dependent and determine whether


further confinement will be for the welfare of the drug
dependent and his/her family or the community
(Section 54, Article VIII, RA 9165).
How will a drug dependent who is under the
voluntary submission program and is finally
discharged from confinement in the Center be
exempt from criminal liability?
1. He/she has complied with the rules and
regulations of the center, the applicable
rules and regulations of the Board, including
the after-care and follow-up program for at
least eighteen (18) months following
temporary discharge from confinement in
the Center
2. He/she has never been charged or
convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or
Republic Act No. 6425, as amended; the
Revised Penal Code, as amended; or any
special penal laws
3. He/she has no record of escape from a
Center
4. He/she poses no serious danger to
himself/herself, his/her family or the
community by his/her exemption from
criminal liability (Section 55, Article VIII, RA
916)
Sale, administration, delivery, distribution and
transaction of prohibited/regulated drugs.
Qualifying Circumstances if the victim of the
offense is a minor or should a prohibited/regulated
drug involve in any offense under this section be the
proximate cause of the death of a victim thereof, the
maximum penalty herein shall be imposed.
Maintenance of a den, dive, or resort for
prohibited/regulated drug users.
Qualifying
Circumstance

where
a
prohibited/regulated drug is administered, delivered,
or sold to a minor who is allowed to use the same in
such place, or should a prohibited drug be the
proximate cause of the death of the person using the
same in such den, dive or resort, the maximum of
the penalty shall be imposed.
Cultivation of plants which are sources of prohibited
drugs.

Note: The land/portions thereof and/or


greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
unless the owner thereof can prove that
he did not know of such cultivation or
culture despite the exercise of due
diligence on his part.

director, or manager who consents to or


knowingly tolerates such violation shall be
held criminally liable as co-principal.
b

Partner, president, director, manager, officer


or stockholder, who knowingly authorizes,
tolerates, or consents to the use of a
vehicle, vessel, or aircraft as an instrument
in the importation, sale, delivery, distribution
or transportation of dangerous drugs, or to
the use of their equipment, machines or
other instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
owned or under the control and supervision
of the partnership, corporation, association
or judicial entity to which they are affiliated.

Government official, employee or officer who


is found guilty of planting any dangerous
drugs in the person or in the immediate
vicinity of another as evidence to implicate
the latter.

Qualifying Circumstance if the land


involved is part of the public domain, the
maximum of the penalty herein provided
shall be imposed.

Failure to keep records of prescription, sales,


purchases, acquisitions and/or deliveries of
prohibited/regulated drugs
Persons liable: Pharmacist, Physician, Dentist,
Veterinarian, Manufacturer, Wholesaler,
Importer, Distributor, Dealer, Retailer
Unnecessary prescription of prohibited/regulated
drugs
Persons Liable: Physician or dentist who shall
prescribe any prohibited/regulated drug for any
person whose physical/physiological condition
does not require the use of thereof.
Attempt and conspiracy to commit the following
offenses:
a

Importation of dangerous drugs

Sale, administration, delivery, distribution


and transportation of dangerous drugs

Maintenance of a den, dive or resort for


prohibited drugs

Manufacture of dangerous drugs

Cultivation or culture of plants which are


sources of prohibited drugs

Other persons liable:


a

If the violation of the Act is committed by a


partnership, corporation, association or any
judicial person, the partner, president,

II. For the purpose of enforcing the provisions of


this Act, all school heads, supervisors and
teachers shall be deemed to be persons in
authority and, as such, are vested with the power
to apprehend, arrest, or cause the apprehension
or arrest of any person who shall violate any of
the said provision.
a. NOTE: They shall be considered as
persons in authority id they are in the
school or within its immediate vicinity, or
beyond such immediate vicinity of they
are in attendance in any school or class
function in their official capacity as
school heads, supervisors or teachers.
b. Any teacher or school employee who
discovers or finds that any person in the
school or within its immediate vicinity is
violating this Act shall have the duty to
report the violation to the school head or
supervisor who shall, in turn, report the
matter to the proper authorities. Failure
to report in either case shall, after
hearing, constitute sufficient cause for
disciplinary action. (Sec. 28)

PENALIZING BETTING, GAME-FIXING OR POINTSHAVING AND MACHINATIONS IN SPORTS


CONTESTS [PD 483]

legal holidays and during local fiestas


for not more than 3 days; or
2. During provincial, city or municipal,
agricultural, commercial or industrial fair,
carnival or exposition for a similar period
of 3 days upon resolution of the
province, city or municipality where such
fair, carnival or exposition is to be held,
subject to the approval of the Chief of
Constabulary
or
his
authorized
representative.

Acts Punishable:
a. Betting: Betting money or any object or article of
value of representative value upon the result of
any game, races and other sports contests.
b.

c.

d.

Game-fixing:
any
arrangement,
combination, scheme or agreement by which the
result of any game, races, or sports contests
shall be predicated and/or known other than on
the basis of the honest playing skill or ability of
the players or participants.

Limitations:
a) No cockfighting on the occasion of such
fair, carnival or exposition shall be
allowed within the month of the local
fiesta or for more than 2 occasions a
year in the same city of municipality.

Point-shaving: any such arrangement


combination, scheme or agreement by which the
skill or ability of any player or participant in a
fame, races, or sports contests to make points of
scores shall be limited deliberately in order to
influence the result thereof in favor of one or
other team, player or participant.
Game
Machination:
any
other
fraudulent, deceitful, unfair or dishonest means,
method, manner or practice employed for the
purpose of influencing the result of any game,
races or sports contest.

COCKFIGHTING LAW OF 1974 [PD 449]


Scope This law shall govern the establishment,
operation, maintenance and ownership of cockpits.
Rules:
A. Only Filipino citizens not otherwise inhibited by
existing laws shall be allowed to own, manage
and operated cockpits.
B.

C.

D.

Only one cockpit shall be allowed in


each city or municipality with a population of
100,000 or less.
Cockpits shall be constructed and
operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
When allowed:
1. Cockfighting shall be allowed only in
licensed cockpits during Sundays and

b)

No cockfighting shall be held on


December 30, June 12,November 30,
Holy Thursday, Good Friday, Election
Day and during registration days for
such election/referendum.

3.

If the purpose is for the


entertainment of foreign dignitaries or
for tourists, or for returning balikbayans,
or for the support of national fundraising
campaigns
for
charitable
purposes as may be authorized by the
Office of the President upon resolution
of a provincial board, city or municipal
council, in licensed cockpits or in
playgrounds or parks.

Limitations: This privilege shall be extended


for only one time, for a period not exceeding
3 days, within a year to a province, city or
municipality.
E. No gambling of any kind shall be permitted on
the premises of the cockpit or place of
cockfighting during cockfights.
F.

City or municipal mayors are authorized


to issue licenses for the operation and
maintenance of cockpits.

PRESIDENTIAL DECREE No. 1602


PRESCRIBING STIFFER PENALTIES ON
ILLEGAL GAMBLING
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. 195199 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.

PRESIDENTIAL DECREE No. 960 July 14, 1976


AMENDING ARTICLE 201 OF THE REVISED
PENAL CODE AND FOR OTHER PURPOSES
Section 1. Amendment of Article 201, Revised
Penal Code. Article 201 of Act Numbered Thirtyeight hundred and fifteen, otherwise known as the
Revised Penal Code, is hereby amended to read as
follows;
"Art. 201. Immoral doctrines, obscene publications
and exhibitions, and indecent shows. The penalty of
prision mayor or a fine ranging from six thousand to
twelve thousand pesos, or both such imprisonment
and fine, shall be imposed upon:
"1. Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
"2. The authors of obscene literature, published with
their knowledge in any form, the editors publishing
such literature, and the owners/operators of the book
store or other establishments selling the same;
"3. Those who in theaters, fairs cinematographs or
any other place, shall exhibit indecent or immoral
plays, scenes, acts or shows, including the following:
"(a) Films which tend to incite subversion,
insurrection or rebellion against the State;
"(b) Films which tend to undermine the faith and
confidence of the people in their Government and/or
duly constituted authorities;
"(c) Films which glorify criminals or condone crimes;
"(d) Films which serve no other purpose but to
satisfy the market for violence, lust or pornography;
"(e) Films which offend any race or religion;
"(f) Films which tend to abet traffic in the use of
prohibited drugs;
"(g) Films contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees, edicts, and any or all films which in the
judgment of the Board of Censors for Motion
Pictures or other agency established by the
Government to oversee such motion pictures are
objectionable on some other legal or moral grounds.

"4. Those who shall sell, give away of exhibit prints,


engravings, sculptures or literature which are
offensive to morals."
Section 2. Confiscation of articles. The literature,
films, prints, engravings, sculpture, paintings, or
other materials and articles involved in the violation
referred to in Section 1 hereof shall be confiscated
and forfeited in favor of the Government to be
destroyed.
Section 3. Jurisdiction. Violations of Section 1
hereof shall be subject to trial by the military
tribunals and the offenders shall be subject to arrest
and detention pursuant to existing laws, decrees,
orders and instructions promulgated pursuant to
Proclamations No. 1081, dated September 21, 1972
and No. 1104, dated January 17, 1973.
Section 4. Additional Penalties. Additional penalties
shall be imposed as follows:
1. In case the offender is a government official or
employee who allows the violations of Section 1
hereof, the penalty shall be imposed in the maximum
period and in addition, the accessory penalties
provided for in the Revised Penal Code, as
amended shall likewise be imposed.
2. The license or permit of the theater,
cinematograph or other place or establishment
where the violation has been committed shall be
canceled temporarily or permanently, depending
upon the gravity of the violation as determined by
the proper military tribunal.
Section 5. Effectivity. This Decree shall take effect
fifteen (15) days after its publication by the
Department of Information in two (2) newspapers of
general circulation.
Done in the City of Manila this 14th day of July in the
year of Our Lord, nineteen hundred and seventy-six.

PRESIDENTIAL DECREE No. 1563


ESTABLISHING AN INTEGRATED SYSTEM FOR
THE CONTROL AND ERADICATION OF
MENDICANCY, PROVIDING PENALTIES,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Section 1. Title And Scope Of The Decree. This
Decree shall be known as the Mendicancy Law of
1978. It shall apply to all mendicants, and exploited
infants or children who are 8 years old and below,
minors found begging and covered by Presidential
Decree No. 603 and parents of exploited infants and
children criminally liable under Article 59 and 60 of
Presidential Decree No. 603.
Section
2. Purpose. This
Decree
interpreted so as to, among others:

shall

be

a. Prevent the commission of mendicancy;


b. Prevent the exploitation of infants and children
through mendicancy and provide habilitative
services for those already exploited or in immediate
danger of exploitation; and
c. Promote the rehabilitation of minors found
begging and mendicants by providing an integrated
developmental package of preventive, habilitative
interceptive, remedial, and/or rehabilitative services.
Section 3. Definition Of Terms. As used in this
Decree, the following shall, unless the context
otherwise requires, be construed thus:
a. "Mendicant" refers to any person, except those
enumerated in Section 4 of this Decree, who has no
visible and legal means of support, or lawful
employment and who is physically able to work but
neglects to apply himself to some lawful calling and
instead uses begging as a means of living.
b. "Exploited Infant" or "Child" refers to an infant or
child 8 years and below who is used in begging or
one who accompanies a habitual vagrant or beggar.
c "Habitual Mendicant" refers to one who has been
convicted of mendicancy under this Decree two or
more times.
d. "Duly Licensed Child Placement Agency" or
"Individual" is an institution or person licensed by the
Department of Social Services and Development to

assume the care, custody, protection and


maintenance of children for placement in any childcaring institution or home under the care and
custody of any person for purposes of adoption,
guardianship or foster care.
e. Integrated Developmental Package of Services
include the following:
1. Preventive services to measures that forestall the
occurrence of situations identified as contributory to
mendicancy;
2. Habilitative services refer to measures which
provide environmental or socio-economic conditions
for the exploited infant or child which maximize
possibilities and opportunities for the enjoyment of
satisfactory equality of life before the formation of
undesirable attitudes and values or the onset of
conditions most conducive to mendicancy;
3. Interceptive services are measures which channel
or direct the growth potential and productive energy
of the mendicant infant, child, youth or adult to offset
the effect of factors contributing to mendicancy;
4. Remedial services refer to measures intended to
meet the basic needs and improve living condition of
the mendicant; and
5. Rehabilitative services refer to medical, social,
educational, psychological and vocational measures
to develop and/or restore the mendicant to the fullest
state of well-being or economic usefulness of which
he is capable, and to engage in a gainful occupation.
Section 4. Apprehension Of And Services For
Persons Found Begging. Any infants or child 8 years
old and below who is found begging or is being
utilized by a mendicant for purposes of begging shall
be apprehended as a neglected child under Article
141 of PD 603 and shall be committed to the
custody and care of the Department of Social
Services and Development or to any duly licensed
child placement agency or individual.
Any minor over 9 years of age under 15 found
begging or is being utilized for purposes of begging
and who acted without discernment shall be
apprehended as a neglected child under Article 141
of Presidential Decree No. 603 and shall be
committed to the custody and care of the

Department of Social Services and Development or


to any duly licensed placement agency or individual.
Any minor over 9 years of age and under 15 who is
found begging or is being utilized for the purpose of
begging and who acted with discernment shall be
proceeded against in accordance with the provisions
of Chapter 3, Title VIII of Presidential Decree No.
603.
Any person not otherwise covered in the preceding
paragraph of this Section who is found begging and
who is physically or mentally incapable of gainful
occupation shall be provided the integrated package
of services by the Department of Social Services
and Development, the Welfare units of local
governments and other cooperating agencies.
Section 5. Criminal Liability. A mendicant as defined
in Paragraph (a) Section 3 hereof, shall, upon
conviction, be punished by a fine not exceeding
P500.00 or by imprisonment for a period not
exceeding 2 years or both at the discretion of the
court.
A habitual mendicant shall be punished by a fine not
exceeding P1,000.00 or by imprisonment for a
period not exceeding 4 years or both at the
discretion of the court.
Parents of exploited infants or minors under Section
4 of this Decree shall be proceeded against in
accordance with Articles 59 and 60 of Presidential
Decree No. 603, unless they are themselves
mendicants.
Any person who abets mendicancy by giving alms
directly to mendicants, exploited infants and minors
on public roads, sidewalks, parks and bridges shall
be punished by a fine nor exceeding P20.00.
Section 6. Information Program. The Department of
Public Information shall conduct a nationwide
educational and information program on the
Mendicancy Law and educate the public to
contribute only to lawful fund raising projects and
prevent the community in giving alms except through
organized agencies, subject to such rules and
regulations as the Secretary of the Department of
Public Information may promulgate.
Section 7. Local Programs And Facilities. Local
governments shall provide socio-economic programs

and establish operating units including reception and


action centers, sheltered workshops, constitute
homes and other facilities for mendicants, subject to
such rules and regulations as the Secretary of the
Department of Local Government and Community
Development may promulgate.
Section 8. Health Needs. The Department of Health
shall provide the necessary measures in meeting the
health needs of mendicants, subject to such rules
and regulations as the Secretary of the Department
of Health may promulgate.
Section 9. Law Enforcement. The Department of
National Defense shall provide the necessary law
enforcement and other related services for the
implementation of this Decree, subject to such rules
and regulations as the Secretary of the Department
of National Defense may promulgate.
Section 10. Integrated Network Of Services. The
Department of Social Services and Development
shall provide an integrated network of appropriate
services to exploited infants and children 8 years old
and below as well as mendicant minors and adult
mendicants and shall coordinate the services related
to the implementation of this Decree, subject to such
rules and regulations as the Secretary of the
Department of Social Services and Development
may promulgate.
Section 11. Appropriations. The sum of two million
pesos (P2,000,000) is hereby authorized to be
appropriated out of any funds in the National
Treasury that are not otherwise appropriated, in
order to support the activities under this Decree.
Section 12. Repealing Clause. All laws, decrees,
orders, rules and regulations which are inconsistent
with this Decree are hereby repealed or modified
accordingly.
Section 13. Separability Of Provisions. If for any
reason any section of provision of this Decree is
declared unconstitutional or invalid, the other
sections or provisions thereof which are not affected
thereby shall continue in full force and effect.
Section 14. Effectivity. This Decree shall take effect
immediately.

REPUBLIC ACT NO. 10158

REPUBLIC ACT NO. 9208

AN ACT DECRIMINALIZING VAGRANCY,


AMENDING FOR THIS PURPOSE ARTICLE 202
OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Article 202 of the Revised Penal Code


is hereby, amended to read as follows:
Article 202. Prostitutes; Penalty. For the purposes
of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor in its medium
period to prision correctional in its minimum period
or a fine ranging from 200 to 2,000 pesos, or both, in
the discretion of the court.
SEC. 2. Effect on Pending Cases. All pending
cases under the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its
amendment by this Act shall be dismissed upon
effectivity of this Act.
SEC. 3. Immediate Release of Convicted Persons.
All persons serving sentence for violation of the
provisions of Article 202 of the Revised Penal Code
on Vagrancy prior to its amendment by this Act shall
be immediately released upon effectivity of this
Act:Provided, That they are not serving sentence or
detained for any other offense or felony.
SEC. 4. Repealing Clause. All laws, presidential
decrees, executive orders, rules and regulations and
other issuances, or any part thereof, inconsistent
with this Act are hereby repealed, modified or
amended accordingly.
SEC. 5. Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers
of general circulation.

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, debtbondage 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:

(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;

(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) 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;

(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) 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;

(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) 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;

(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

(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.

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);

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.

(d) Sponsorship of conferences and seminars to


provide venue for consensus building amongst the
public, the academe, government, NGOs and
international organizations; and

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.

(e) Promotion of information


campaign on trafficking.

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

and

education

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, onsite 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 preemployment 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 InterAgency 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,
Employment;

Department

of

Labor

and

(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
implementation of this Act.

relative

to

the

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.

votes against the same or does not participate in the


action of the board, committee, panel or group.

(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.

(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.

(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

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.

(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 VicePresident 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 seventynine, 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.
Approved: August 17, 1960

REPUBLIC ACT No. 1379


AN ACT DECLARING FORFEITURE IN FAVOR OF
THE STATE ANY PROPERTY FOUND TO HAVE
BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC
OFFICER OR EMPLOYEE AND PROVIDING FOR
THE PROCEEDINGS THEREFOR.
Section 1. Definitions. (a) For the purposes of this
Act, a "public officer or employee" means any
person holding any public office or employment by
virtue of an appointment, election or contract, and
any person holding any office or employment, by
appointment or contract, in any State owned or
controlled corporation or enterprise.
(b) "Other legitimately acquired property" means any
real or personal property, money or securities which
the respondent has at any time acquired by
inheritance and the income thereof, or by gift inter
vivos before his becoming a public officer or
employee, or any property (or income thereof)
already pertaining to him when he qualified for public
office or employment, or the fruits and income of the
exclusive property of the respondent's spouse. It
shall not include:
1. Property unlawfully acquired by the respondent,
but its ownership is concealed by its being recorded
in the name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other
person.
2. Property unlawfully acquired by the respondent,
but transferred by him to another person or persons
on or after the effectivity of this Act.
3. Property donated to the respondent during his
incumbency, unless he can prove to the satisfaction
of the court that the donation is lawful.
Section 2. Filing of petition. Whenever any public
officer or employee has acquired during his
incumbency an amount of property which is
manifestly out of proportion to his salary as such
public officer or employee and to his other lawful
income and the income from legitimately acquired
property, said property shall be presumed prima
facie to have been unlawfully acquired. The Solicitor
General, upon complaint by any taxpayer to the city
or provincial fiscal who shall conduct a previous
inquiry similar to preliminary investigations in
criminal cases and shall certify to the Solicitor

General that there is reasonable ground to believe


that there has been committed a violation of this Act
and the respondent is probably guilty thereof, shall
file, in the name and on behalf of the Republic of the
Philippines, in the Court of First Instance of the city
or province where said public officer or employee
resides or holds office, a petition for a writ
commanding said officer or employee to show cause
why the property aforesaid, or any part thereof,
should not be declared property of the
State: Provided, That no such petition shall be filed
within one year before any general election or within
three months before any special election.
The resignation, dismissal or separation of the
officer or employee from his office or employment in
the Government or in the Government-owned or
controlled corporation shall not be a bar to the filing
of the petition:Provided, however, That the right to
file such petition shall prescribe after four years from
the date of the resignation, dismissal or separation
or expiration of the term of the office or employee
concerned, except as to those who have ceased to
hold office within ten years prior to the approval of
this Act, in which case the proceedings shall
prescribe after four years from the approval hereof.
Section 3. The petition. The petition shall contain
the following information:
(a) The name and address of the respondent.
(b) The public officer or employment he holds and
such other public offices or employment which he
has previously held.
(c) The approximate amount of property he has
acquired during his incumbency in his past and
present offices and employments.
(d) A description of said property, or such thereof as
has been identified by the Solicitor General.
(e) The total amount of his government salary and
other proper earnings and incomes from legitimately
acquired property, and
(f) Such other information as may enable the court to
determine whether or not the respondent has
unlawfully acquired property during his incumbency.
Section 4. Period for the answer. The respondent
shall have a period of fifteen days within which to
present his answer.

Section 5. Hearing. The Court shall set a date for a


hearing, which may be open to the public, and
during which the respondent shall be given ample
opportunity to explain, to the satisfaction of the court,
how he has acquired the property in question.
Section 6. Judgment. If the respondent is unable to
show to the satisfaction of the court that he has
lawfully acquired the property in question, then the
court shall declare such property, forfeited in favor of
the State, and by virtue of such judgment the
property aforesaid shall become property of the
State: Provided, That no judgment shall be rendered
within six months before any general election or
within three months before any special election. The
Court may, in addition, refer this case to the
corresponding
Executive
Department
for
administrative or criminal action, or both.
Section 7. Appeal. The parties may appeal from the
judgment of the Court of First Instance as provided
in the Rules of Court for appeals in civil cases.
Section
8. Protection
against
selfincrimination. Neither the respondent nor any other
person shall be excused from attending and
testifying or from producing books, papers,
correspondence, memoranda and other records on
the ground that the testimony or evidence,
documentary or otherwise, required of him may tend
to incriminate him or subject him to prosecution; but
no individual shall be prosecuted criminally for or on
account of any transaction, matter or thing
concerning which he is compelled, after having
claimed his privilege against self-incrimination, to
testify or produce evidence, documentary or
otherwise, except that such individual so testifying
shall not be exempt from prosecution and conviction
for perjury or false testimony committed in so
testifying or from administrative proceedings.
Section 9. Immunity. The Solicitor General may
grant immunity from criminal prosecution to any
person who testifies to the unlawful manner in which
the respondent has acquired any of the property in
question in cases where such testimony is
necessary to prove violations of this Act.
Section 10. Effect of record of title. The fact that any
real property has been recorded in the Registry of
Property or office of the Register of Deeds in the
name of the respondent or of any person mentioned
in paragraphs (1) and (2) of subsection (b) of section

one hereof shall not prevent the rendering of the


judgment referred to in section six of this Act.
Section 11. Laws on prescription. The laws
concerning acquisitive prescription and limitation of
actions cannot be invoked by, nor shall they benefit
the respondent, in respect of any property unlawfully
acquired by him.
Section 12. Penalties. Any public officer or
employee who shall, after the effective date of this
Act, transfer or convey any unlawfully acquired
property shall be repressed with imprisonment for a
term not exceeding five years, or a fine not
exceeding ten thousand pesos, or both such
imprisonment and fine. The same repression shall
be imposed upon any person who shall knowingly
accept such transfer or conveyance.
Section 13. Separability of provisions. If any
provision of this Act or the application thereof to any
person or circumstance, is held invalid, the
remainder of the Act and the application of such
provision to other persons or circumstances shall not
be affected thereby.
Section 14. Effective date. This Act shall take effect
on its approval, and shall apply not only to property
thereafter unlawfully acquired but also to property
unlawfully acquired before the effective date of this
Act.
Approved: June 18, 1955

Republic Act No. 6713


AN ACT ESTABLISHING A CODE OF CONDUCT
AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES, TO UPHOLD THE
TIME-HONORED PRINCIPLE OF PUBLIC OFFICE
BEING A PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS
AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND
FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the
"Code of Conduct and Ethical Standards for Public
Officials and Employees."
Section 2. Declaration of Policies. - It is the policy of
the State to promote a high standard of ethics in
public service. Public officials and employees shall
at all times be accountable to the people and shall
discharge their duties with utmost responsibility,
integrity, competence, and loyalty, act with patriotism
and justice, lead modest lives, and uphold public
interest over personal interest.
Section 3. Definition of Terms. - As used in this Act,
the term:
(a) "Government" includes the National Government,
the
local
governments,
and
all
other
instrumentalities, agencies or branches of the
Republic of the Philippines including governmentowned or controlled corporations, and their
subsidiaries.lawphi1.net
(b) "Public Officials" includes elective and appointive
officials and employees, permanent or temporary,
whether in the career or non-career service,
including military and police personnel, whether or
not they receive compensation, regardless of
amount.
(c) "Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated
sale or an ostensibly onerous disposition thereof. It
shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in
exchange for, a favor from a public official or
employee.

(d) "Receiving any gift" includes the act of accepting


directly or indirectly, a gift from a person other than a
member of his family or relative as defined in this
Act, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the
gift is neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and
commodatum as well as guarantees, financing
arrangements or accommodations intended to
ensure its approval.
(f) "Substantial stockholder" means any person who
owns, directly or indirectly, shares of stock sufficient
to elect a director of a corporation. This term shall
also apply to the parties to a voting trust.
(g) "Family of public officials or employees" means
their spouses and unmarried children under eighteen
(18) years of age.
(h) "Person" includes natural and juridical persons
unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public official
or employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or
owner or has a substantial interest in a business,
and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or
affected by the faithful performance of official duty.
(j) "Divestment" is the transfer of title or disposal of
interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related
to a public official or employee within the fourth civil
degree of consanguinity or affinity, including bilas,
inso and balae.
Section 4. Norms of Conduct of Public Officials and
Employees. - (A) Every public official and employee
shall observe the following as standards of personal
conduct in the discharge and execution of official
duties:
(a) Commitment to public interest. - Public officials
and employees shall always uphold the public
interest over and above personal interest. All
government resources and powers of their

respective offices must be employed and used


efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and
revenues.

produced goods, resources and technology and


encourage appreciation and pride of country and
people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.

(b) Professionalism. - Public officials and employees


shall perform and discharge their duties with the
highest degree of excellence, professionalism,
intelligence and skill. They shall enter public service
with utmost devotion and dedication to duty. They
shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue
patronage.

(g) Commitment to democracy. - Public officials and


employees shall commit themselves to the
democratic way of life and values, maintain the
principle of public accountability, and manifest by
deeds the supremacy of civilian authority over the
military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty
to persons or party.

(c) Justness and sincerity. - Public officials and


employees shall remain true to the people at all
times. They must act with justness and sincerity and
shall not discriminate against anyone, especially the
poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good
customs, public policy, public order, public safety
and public interest. They shall not dispense or
extend undue favors on account of their office to
their relatives whether by consanguinity or affinity
except with respect to appointments of such
relatives to positions considered strictly confidential
or as members of their personal staff whose terms
are coterminous with theirs.

(h) Simple living. - Public officials and employees


and their families shall lead modest lives appropriate
to their positions and income. They shall not indulge
in extravagant or ostentatious display of wealth in
any form.

(d) Political neutrality. - Public officials and


employees shall provide service to everyone without
unfair discrimination and regardless of party
affiliation or preference.
(e) Responsiveness to the public. - Public officials
and employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise
provided by law or when required by the public
interest, public officials and employees shall provide
information of their policies and procedures in clear
and understandable language, ensure openness of
information, public consultations and hearings
whenever appropriate, encourage suggestions,
simplify and systematize policy, rules and
procedures, avoid red tape and develop an
understanding and appreciation of the socioeconomic conditions prevailing in the country,
especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and
employees shall at all times be loyal to the Republic
and to the Filipino people, promote the use of locally

(B) The Civil Service Commission shall adopt


positive measures to promote (1) observance of
these standards including the dissemination of
information programs and workshops authorizing
merit increases beyond regular progression steps, to
a limited number of employees recognized by their
office colleagues to be outstanding in their
observance of ethical standards; and (2) continuing
research and experimentation on measures which
provide positive motivation to public officials and
employees in raising the general level of observance
of these standards.
Section 5. Duties of Public Officials and
Employees. - In the performance of their duties, all
public officials and employees are under obligation
to:lawphi1.net
(a) Act promptly on letters and requests. - All public
officials and employees shall, within fifteen (15)
working days from receipt thereof, respond to letters,
telegrams or other means of communications sent
by the public. The reply must contain the action
taken on the request.
(b) Submit annual performance reports. - All heads
or other responsible officers of offices and agencies
of the government and of government-owned or
controlled corporations shall, within forty-five (45)
working days from the end of the year, render a
performance report of the agency or office or
corporation concerned. Such report shall be open

and available to the public within regular office


hours.
(c) Process documents and papers expeditiously. All official papers and documents must be processed
and completed within a reasonable time from the
preparation thereof and must contain, as far as
practicable, not more than three (3) signatories
therein. In the absence of duly authorized
signatories, the official next-in-rank or officer in
charge shall sign for and in their behalf.
(d) Act immediately on the public's personal
transactions. - All public officials and employees
must attend to anyone who wants to avail himself of
the services of their offices and must, at all times,
act promptly and expeditiously.
(e) Make documents accessible to the public. - All
public documents must be made accessible to, and
readily available for inspection by, the public within
reasonable working hours.
Section 6. System of Incentives and Rewards. - A
system of annual incentives and rewards is hereby
established in order to motivate and inspire public
servants to uphold the highest standards of ethics.
For this purpose, a Committee on Awards to
Outstanding Public Officials and Employees is
hereby created composed of the following: the
Ombudsman and Chairman of the Civil Service
Commission as Co-Chairmen, and the Chairman of
the Commission on Audit, and two government
employees to be appointed by the President, as
members.

be announced in public ceremonies honoring them


may take the form of bonuses, citations,
directorships in government-owned or controlled
corporations, local and foreign scholarship grants,
paid vacations and the like. They shall likewise be
automatically promoted to the next higher position
with the commensurate salary suitable to their
qualifications. In case there is no next higher
position or it is not vacant, said position shall be
included in the budget of the office in the next
General Appropriations Act. The Committee on
Awards shall adopt its own rules to govern the
conduct of its activities.
Section 7. Prohibited Acts and Transactions. - In
addition to acts and omissions of public officials and
employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited
acts and transactions of any public official and
employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials
and employees shall not, directly or indirectly, have
any financial or material interest in any transaction
requiring the approval of their office.
(b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as
officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise
regulated, supervised or licensed by their office
unless expressly allowed by law;

It shall be the task of this Committee to conduct a


periodic, continuing review of the performance of
public officials and employees, in all the branches
and agencies of Government and establish a system
of annual incentives and rewards to the end that due
recognition is given to public officials and employees
of outstanding merit on the basis of the standards
set forth in this Act.

(2) Engage in the private practice of their profession


unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend
to conflict with their official functions; or

The conferment of awards shall take into account,


among other things, the following: the years of
service and the quality and consistency of
performance, the obscurity of the position, the level
of salary, the unique and exemplary quality of a
certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to
government officials and employees of the year to

These prohibitions shall continue to apply for a


period of one (1) year after resignation, retirement,
or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in
connection with any matter before the office he used
to be with, in which case the one-year prohibition
shall likewise apply.

(3) Recommend any person to any position in a


private enterprise which has a regular or pending
official transaction with their office.

(c) Disclosure and/or misuse of confidential


information. - Public officials and employees shall
not use or divulge, confidential or classified
information officially known to them by reason of
their office and not made available to the public,
either:
(1) To further their private interests, or give undue
advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official duties
or in connection with any operation being regulated
by, or any transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign governments, the
Congress consents to:
(i) The acceptance and retention by a public official
or employee of a gift of nominal value tendered and
received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee
of a gift in the nature of a scholarship or fellowship
grant or medical treatment; or
(iii) The acceptance by a public official or employee
of travel grants or expenses for travel taking place
entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than
nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and
permitted by the head of office, branch or agency to
which he belongs.
The Ombudsman shall prescribe such regulations as
may be necessary to carry out the purpose of this
subsection, including pertinent reporting and
disclosure requirements.
Nothing in this Act shall be construed to restrict or
prohibit any educational, scientific or cultural
exchange programs subject to national security
requirements.
Section 8. Statements and Disclosure. - Public
officials and employees have an obligation to
accomplish and submit declarations under oath of,

and the public has the right to know, their assets,


liabilities, net worth and financial and business
interests including those of their spouses and of
unmarried children under eighteen (18) years of age
living in their households.
(A) Statements of Assets and Liabilities and
Financial Disclosure. - All public officials and
employees, except those who serve in an honorary
capacity, laborers and casual or temporary workers,
shall file under oath their Statement of Assets,
Liabilities and Net Worth and a Disclosure of
Business Interests and Financial Connections and
those of their spouses and unmarried children under
eighteen (18) years of age living in their households.
The two documents shall contain information on the
following:
(a) real property, its improvements, acquisition costs,
assessed value and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on
hand or in banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter;
and
(c) within thirty (30) days after separation from the
service.
All public officials and employees required under this
section to file the aforestated documents shall also
execute, within thirty (30) days from the date of their
assumption of office, the necessary authority in favor
of the Ombudsman to obtain from all appropriate
government agencies, including the Bureau of
Internal Revenue, such documents as may show
their assets, liabilities, net worth, and also their
business interests and financial connections in
previous years, including, if possible, the year when
they first assumed any office in the Government.

Husband and wife who are both public officials or


employees may file the required statements jointly or
separately.
The Statements of Assets, Liabilities and Net Worth
and the Disclosure of Business Interests and
Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with
the national office of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries
of the Senate and the House of Representatives,
respectively; Justices, with the Clerk of Court of the
Supreme
Court;
Judges,
with
the
Court
Administrator; and all national executive officials with
the Office of the President.
(3) Regional and local officials and employees, with
the Deputy Ombudsman in their respective regions;
(4) Officers of the armed forces from the rank of
colonel or naval captain, with the Office of the
President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and
(5) All other public officials and employees, defined
in Republic Act No. 3019, as amended, with the Civil
Service Commission.
(B) Identification and disclosure of relatives. - It shall
be the duty of every public official or employee to
identify and disclose, to the best of his knowledge
and information, his relatives in the Government in
the form, manner and frequency prescribed by the
Civil Service Commission.
(C) Accessibility of documents. - (1) Any and all
statements filed under this Act, shall be made
available for inspection at reasonable hours.
(2) Such statements shall be made available for
copying or reproduction after ten (10) working days
from the time they are filed as required by law.
(3) Any person requesting a copy of a statement
shall be required to pay a reasonable fee to cover
the cost of reproduction and mailing of such
statement, as well as the cost of certification.
(4) Any statement filed under this Act shall be
available to the public for a period of ten (10) years
after receipt of the statement. After such period, the

statement may be destroyed unless needed in an


ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any
person to obtain or use any statement filed under
this Act for:
(a) any purpose contrary to morals or public policy;
or
(b) any commercial purpose other than by news and
communications media for dissemination to the
general public.
Section 9. Divestment. - A public official or
employee shall avoid conflicts of interest at all times.
When a conflict of interest arises, he shall resign
from his position in any private business enterprise
within thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or interest
within sixty (60) days from such assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
The requirement of divestment shall not apply to
those who serve the Government in an honorary
capacity nor to laborers and casual or temporary
workers.
Section 10. Review and Compliance Procedure. (a) The designated Committees of both Houses of
the Congress shall establish procedures for the
review of statements to determine whether said
statements which have been submitted on time, are
complete, and are in proper form. In the event a
determination is made that a statement is not so
filed, the appropriate Committee shall so inform the
reporting individual and direct him to take the
necessary corrective action.
(b) In order to carry out their responsibilities under
this Act, the designated Committees of both Houses
of Congress shall have the power within their
respective jurisdictions, to render any opinion
interpreting this Act, in writing, to persons covered by
this Act, subject in each instance to the approval by
affirmative vote of the majority of the particular
House concerned.
The individual to whom an opinion is rendered, and
any other individual involved in a similar factual
situation, and who, after issuance of the opinion acts

in good faith in accordance with it shall not be


subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the
duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned,
subject to the approval of the Secretary of Justice, in
the case of the Executive Department and the Chief
Justice of the Supreme Court, in the case of the
Judicial Department.
Section 11. Penalties. - (a) Any public official or
employee, regardless of whether or not he holds
office or employment in a casual, temporary,
holdover, permanent or regular capacity, committing
any violation of this Act shall be punished with a fine
not exceeding the equivalent of six (6) months'
salary or suspension not exceeding one (1) year, or
removal depending on the gravity of the offense after
due notice and hearing by the appropriate body or
agency. If the violation is punishable by a heavier
penalty under another law, he shall be prosecuted
under the latter statute. Violations of Sections 7, 8 or
9 of this Act shall be punishable with imprisonment
not exceeding five (5) years, or a fine not exceeding
five thousand pesos (P5,000), or both, and, in the
discretion of the court of competent jurisdiction,
disqualification to hold public office.
(b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or
employee, even if no criminal prosecution is
instituted against him.
(c) Private individuals who participate in conspiracy
as co-principals, accomplices or accessories, with
public officials or employees, in violation of this Act,
shall be subject to the same penal liabilities as the
public officials or employees and shall be tried jointly
with them.
(d) The official or employee concerned may bring an
action against any person who obtains or uses a
report for any purpose prohibited by Section 8 (D) of
this Act. The Court in which such action is brought
may assess against such person a penalty in any
amount not to exceed twenty-five thousand pesos
(P25,000). If another sanction hereunder or under
any other law is heavier, the latter shall apply.
Section 12. Promulgation of Rules and Regulations,
Administration and Enforcement of this Act. - The

Civil Service Commission shall have the primary


responsibility for the administration and enforcement
of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to the proper
authorities for appropriate action: Provided, however,
That it may institute such administrative actions and
disciplinary measures as may be warranted in
accordance with law. Nothing in this provision shall
be construed as a deprivation of the right of each
House of Congress to discipline its Members for
disorderly behavior.
The Civil Service Commission is hereby authorized
to promulgate rules and regulations necessary to
carry out the provisions of this Act, including
guidelines for individuals who render free voluntary
service to the Government. The Ombudsman shall
likewise take steps to protect citizens who denounce
acts or omissions of public officials and employees
which are in violation of this Act.
Section 13. Provisions for More Stringent
Standards. - Nothing in this Act shall be construed to
derogate from any law, or any regulation prescribed
by any body or agency, which provides for more
stringent standards for its official and employees.
Section 14. Appropriations. - The sum necessary for
the effective implementation of this Act shall be
taken from the appropriations of the Civil Service
Commission. Thereafter, such sum as may be
needed for its continued implementation shall be
included in the annual General Appropriations Act.
Section 15. Separability Clause. - If any provision of
this Act or the application of such provision to any
person or circumstance 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. Repealing Clause. - All laws, decrees
and orders or parts thereof inconsistent herewith,
are deemed repealed or modified accordingly,
unless the same provide for a heavier penalty.
Section 17. Effectivity. - This Act shall take effect
after thirty (30) days following the completion of its
publication in the Official Gazette or in two (2)
national newspapers of general circulation.
Approved, February 20, 1989.

Republic Act No. 7080


AN ACT DEFINING AND PENALIZING THE CRIME
OF PLUNDER
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.
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 illgotten 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 illgotten 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.
Approved: July 12, 1991