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Republic of the Philippines

Congress of the Philippines
Metro Manila
Ninth Congress

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of
the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation
and discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of the child fails or is
unable to protect the child against abuse, exploitation and discrimination or when such acts against
the child are committed by the said parent, guardian, teacher or person having care and custody of
the same.
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It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development and
over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as
enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity or
death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development
of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or lacks or
has inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to
the coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development
of children.
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ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to be
formulated, by the Department of Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector concerned, within one (1) year from
the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which
endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon
the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child
prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a

use. Child Trafficking. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act. ARTICLE V Obscene Publications and Indecent Shows Section 9. There is also an attempt to commit child prostitution. motel. under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. vessel. midwife. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act. employ. agency. (c) When a person. hotel. or (e) When a person engages in the act of finding children among low-income families. ARTICLE IV Child Trafficking Section 7. or other child-during institutions who can be offered for the purpose of child trafficking. clinics. vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. nurseries. – Any person who shall hire. induce or coerce a child to perform in obscene exhibitions and indecent shows. hospital or clinic official or employee. Attempt to Commit Child Trafficking. . or for any other consideration. the act of buying and selling of a child for money. in the proper case. Section 8.child. If the child used as a performer. an inn. day-care centers. or. shall suffer the penalty of reclusion temporal to reclusion perpetua. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking. massage clinic. whether live or in video. Obscene Publications and Indecent Shows. under the Revised Penal Code. is found alone with the said child inside the room or cubicle of a house. health club and other similar establishments. hospitals. nurse. persuade. but not limited to. local civil registrar or any other person simulates birth for the purpose of child trafficking. apartelle or other similar establishments. – Any person who shall engage in trading and dealing with children including. or (d) When a doctor. – There is an attempt to commit child trafficking under Section 7 of this Act: 1awphi1@alf (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian. the penalty shall be imposed in its maximum period. subject or seller/distributor is below twelve (12) years of age. pension house. or barter.

(e) Any person who shall use. That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law. as amended. cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. Other Acts of Neglect. whether for occupancy. force or intimidate a street child or any other child to. stepparent or guardian of the minor. however. deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40. beer joint. moral or legal duty. (2) Act as conduit or middlemen in drug trafficking or pushing.000).000): Provided. owner. ARTICLE VI Other Acts of Abuse Section 10. a fine of not less than Fifty thousand pesos (P50. (1) Beg or use begging as a means of living. local custom and tradition or acts in the performance of a social. sauna or massage parlor. pension house. scene. 603. cabaret. but not covered by the Revised Penal Code. (c) Any person who shall induce. and the loss of the license to operate such a place or establishment. drink or otherwise. motel. as amended. beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development.000). or (3) Conduct any illegal activities. .Any ascendant. and the loss of parental authority over the minor. (b) Any person who shall keep or have in his company a minor. – (a) Any person who shall commit any other acts of child abuse. hotel. food. guardian. coerce. shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. act. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. Abuse. manager or one entrusted with the operation of any public or private place of accommodation. shall suffer the penalty of prision mayor in its minimum period. twelve (12) years or under or who in ten (10) years or more his junior in any public or private place. who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50. Provided. the penalty to be imposed shall be prision mayor in its maximum period. discotheque. (d) Any person. That should the perpetrator be an ascendant.000). including residential places.

radio or television is essential: Provided. An enterprise such as a sauna. or (2) When a child's employment or participation in public & entertainment or information through cinema. acts of lasciviousness with the consent of the offended party. provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers. homicide. obscene publications and indecent shows. 3815. as amended. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse. theater. for the crimes of qualified seduction. That his employment neither endangers his life. for the crimes of murder. the Revised Penal Code. the penalty for the commission of acts punishable under Articles 248. shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age. ARTICLE VIII Working Children Section 12.For purposes of this Act. travel agency. nor impairs his normal development: Provided. safety and health and morals. 340 and 341 of Act No. as the Department may determine. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year. Obscene Publications and Indecent Shows. without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code. corruption of minors. paragraph 2. and other acts of abuse shall be immediately closed and their authority or license to operate cancelled. as amended. 3815. or special laws. That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education. Child Trafficking. as amended. or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse. shall be reclusion perpetua when the victim is under twelve (12) years of age. child trafficking. respectively. and 263. Employment of Children. child trafficking. paragraph 1 of Act No. The employment contract concluded by the child's parent or guardian. Sanctions of Establishments or Enterprises which Promote. 262. and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code. The unauthorized removal of such sign shall be punishable by prision correccional. and white slave trade. Facilitate. and serious physical injuries. or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse. or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein. ARTICLE VII Sanctions for Establishments or Enterprises Section 11. however. The penalty for the commission of acts punishable under Article 337. with the express agreement of the child . and Other Acts of Abuse. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. 339. obscene publications and indecent shows. the Revised Penal Code. further. 249. exhibits children in a lewd or indecent show. other intentional mutilation. – Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided. as amended. respectively.

(c) The employer shall formulate and implement. Section 16. and the duration and arrangement of working time. Section 14. safety and morals of the child. That. Survival. Such course design shall integrate the learning process deemed most effective under given circumstances. That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages. Duty of Employer. the offender's license to operate shall be revoked. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No.000) but not more than Ten thousand pesos (P10. the employer shall first secure. Prohibition on the Employment of Children in Certain Advertisements. – In addition to the rights guaranteed to children under this Act and other existing laws. Section 18. before engaging such child. 603. subject to the approval and supervision of competent authorities. The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. or both at the discretion of the court. Protection and Development. intoxicating drinks. Non-formal Education for Working Children.000) or imprisonment of not less than three (3) months but not more than three (3) years. In the above exceptional cases where any such child may be employed. health. a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. The Department of Education. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1. survival and development consistent with the customs and traditions of their respective communities. a continuing program for training and skill acquisition of the child. (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration. and the approval of the Department of Labor and Employment: Provided. – The Department of Education. Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. tobacco and its byproducts and violence. – The Department of Education. in case of repeated violations of the provisions of this Article. and. Culture and Sports shall also accredit and support . Section 13. Section 15. Provided. System of and Access to Education.concerned. ARTICLE IX Children of Indigenous Cultural Communities Section 17. if possible. Penalties. children of indigenous cultural communities shall be entitled to protection. Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual.

– The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. – Indigenous cultural communities. ARTICLE X Children in Situations of Armed Conflict Section 22. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5. primary health and emergency relief services shall be kept unhampered. detachments. or used as guides.non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.000) more than Ten thousand pesos (P10. They shall be protected from any form of threat. through their duly-designated or appointed representatives shall be involved in planning. nor be allowed to take part in the fighting. and (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. or spies. inhumane or degrading treatment.000). – Children are hereby declared as Zones of Peace. and supply depots. hospitals and rural health units shall not be utilized for military purposes such as command posts. indigenous health practices shall be respected and recognized. the following policies shall be observed. They shall not be subjected to undue harassment in the performance of their work. To attain this objective. . (b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups. (d) The safety and protection of those who provide services including those involved in factfinding missions from both government and non-government institutions shall be ensured. and evaluation of all government programs affecting children of indigenous cultural communities. (a) Children shall not be the object of attack and shall be entitled to special respect. (e) Public infrastructure such as schools. Indigenous institution shall also be recognized and respected. In the provision of health and nutrition services to children of indigenous cultural communities. Section 20. Participation. Section 21. Discrimination. couriers. decision-making implementation. Section 19. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. barracks. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. assault. Health and Nutrition. Children as Zones of Peace. torture or other cruel. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. (c) Delivery of basic social services such as education.

the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government. Monitoring and Reporting of Children in Situations of Armed Conflict. expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. until he has had reached eighteen (18) years of age or. – Whenever possible. either as combatant. ARTICLE XI Remedial Procedures . However. Whenever feasible. guide or spy is entitled to the following rights. children shall be given opportunities for physical exercise. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. including any civil liability chargeable against him. (b) Immediate free legal assistance. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. Section 26. The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. (c) Immediate notice of such arrest to the parents or guardians of the child. courier. after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. – Children shall be given priority during evacuation as a result of armed conflict. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. or duly-licensed agencies or any other responsible person. Rights of Children Arrested for Reasons Related to Armed Conflict. Section 25. Section 24. Evacuation of Children During Armed Conflict. the court shall determine the imposable penalty. and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. – Any child who has been arrested for reasons related to armed conflict.Section 23. members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter. instead of pronouncing judgment of conviction. Family Life and Temporary Shelter. (a) Separate detention from adults except where families are accommodated as family units. sports and outdoor games. for a shorter period as the court may deem proper.

(c) Ascendant or collateral relative within the third degree of consanguinity. 603. announcer or producer in case of television and radio broadcasting. – At the instance of the offended party. Section 28. and cases involving detention prisoners and persons covered by Republic Act No. Protective Custody of the Child. Who May File a Complaint. . 1awphi1@ITC (d) Officer. producer and director of the film in case of the movie industry. to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. (e) Officer or social worker of the Department of Social Welfare and Development. series of 1986. – (a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act. Section 29.Section 27. 56. civil or criminal liability. publisher. the officer of the Department of Social Welfare and Development shall be free from any administrative. Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus. ARTICLE XII Common Penal Provisions Section 31. election cases. It shall be unlawful for any editor. Confidentiality. Common Penal Provisions. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court. Lawphi1@alf Section 30. his name may be withheld from the public until the court acquires jurisdiction over the case. or (g) At least three (3) concerned responsible citizens where the violation occurred. all courts shall give preference to the hearing or disposition of cases involving violations of this Act. (f) Barangay chairman. and reporter or columnist in case of printed materials. 4908. Special Court Proceedings. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party. In the regular performance of this function. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. social worker or representative of a licensed child-caring institution. (b) Parents or guardians. Custody proceedings shall be in accordance with the provisions of Presidential Decree No.

and (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim. parent guardian. Rules and Regulations. ARTICLE XIII Final Provisions Section 32. (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. – All laws. partnership or association. in coordination with the Department of Social Welfare and Development. the Department of Justice. Section 34. Appropriations.(b) When the offender is a corporation. Section 35. or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked. That if the penalty imposed is reclusion perpetua or reclusion temporal. shall promulgate rules and regulations of the effective implementation of this Act. That if the penalty imposed is prision correccional or arresto mayor. the remaining provisions not affected thereby shall continue in full force and effect. (d) When the offender is a foreigner. Effectivity Clause. decrees. he shall be deported immediately after service of sentence and forever barred from entry to the country. the penalty of suspension shall also be imposed. stepparent or collateral relative within the second degree of consanguinity or affinity. finally. the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period. – Unless otherwise provided in this Act. Section 36. or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. Section 33. Separability Clause. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. 1992 Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila . or any immediate member of his family if the latter is the perpetrator of the offense. however. then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided. Approved: June 17. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation. (c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant. – If any provision of this Act is declared invalid or unconstitutional. Repealing Clause.

It covers any type of computer device including devices with . and data processing. telecommunications. — This Act shall be known as the "Cybercrime Prevention Act of 2012″. the following terms are hereby defined as follows: (a) Access refers to the instruction.Fifteenth Congress Second Regular Session Begun and held in Metro Manila. the twenty-fifth day of July. including voice. investigation. or other data processing or communications device. — The State recognizes the vital role of information and communications industries such as content production. acceleration. routing. (b) Alteration refers to the modification or change. easy. In this light. and the confidentiality. magnetic. computer and communications systems. 10175 AN ACT DEFINING CYBERCRIME. video and other forms of data. communication with. in form or substance. networks. and intelligible access to exchange and/or delivery of information. from all forms of misuse. Section 3. or grouping of such devices. SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS Section 1. PROVIDING FOR THE PREVENTION. capable of performing logical. storing data in. (c) Communication refers to the transmission of information through ICT media. and availability of information and data stored therein. and prosecution at both the domestic and international levels. The State also recognizes the importance of providing an environment conducive to the development. two thousand eleven. Declaration of Policy. Section 2. or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. retrieving data from. of an existing computer data or program. electrochemical. and databases. and illegal access by making punishable under the law such conduct or conducts. or otherwise making use of any resources of a computer system or communication network. the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection. — For purposes of this Act. on Monday. Title. in the nation’s overall social and economic development. Definition of Terms. arithmetic. and the need to protect and safeguard the integrity of computer. integrity. broadcasting electronic commerce. abuse. and by providing arrangements for fast and reliable international cooperation. (d) Computer refers to an electronic. and rational application and exploitation of information and communications technology (ICT) to attain free. optical. INVESTIGATION. REPUBLIC ACT NO.

processed or stored in a formalized manner and which are intended for use in a computer system. and/or networks. or relevant principles under the law. facts. smart phones. or (ii) conduct not covered by established legal defenses. best practices. the electronic medium in which online communication takes place. or instructions which are being prepared. or any combination of those matters. performs automated processing of data. (e) Computer data refers to any representation of facts. (m) Interception refers to listening to. knowledge. (i) Cyber refers to a computer or a computer network. monitoring or surveillance of the content of communications. computer networks and other devices connected to the internet. court orders. computers and mobile phones. national public health and safety. whether physical or virtual. (g) Computer system refers to any device or group of interconnected or related devices. output and storage components which may stand alone or be connected in a network or other similar devices. pursuant to a program. one or more of which. It covers any type of device with data processing capabilities including. The device consisting of hardware and software may include input. or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online. at the same time that the communication is occurring. (l) Database refers to a representation of information. and . computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security. excuses. processed or stored or have been prepared. (j) Critical infrastructure refers to the computer systems. either directly. information. through access and use of a computer system or indirectly. through the use of electronic eavesdropping or tapping devices. policies. (f) Computer program refers to a set of instructions executed by the computer to achieve intended results. including procuring of the content of data. training. but not limited to. (k) Cybersecurity refers to the collection of tools. concepts. assurance and technologies that can be used to protect the cyber environment and organization and user’s assets. (h) Without right refers to either: (i) conduct undertaken without or in excess of authority. national or economic security. It also includes computer data storage devices or media. actions. and/or the computer programs. risk management approaches. justifications. recording. (n) Service provider refers to: (1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system.data processing capabilities like mobile phones.

. or within a computer system including electromagnetic emissions from a computer system carrying such computer data. telephone and other access numbers. (2) The subscriber’s identity. available on the basis of the service agreement or arrangement. altering or suppressing computer data or program. from. damaging. without right or authority. destination. route. billing and payment information. relating to subscribers of its services other than traffic or content data and by which identity can be established: (1) The type of communication service used. (5) Misuse of Devices. (4) System Interference. (2) Illegal Interception. available on the basis of the service agreement or arrangement. and (3) Any other available information on the site of the installation of communication equipment. or electronic data message. transmitting. the technical provisions taken thereto and the period of service. size. including the introduction or transmission of viruses. but not limited to. any assigned network address. electronic document. deletion or deterioration of computer data. the communication’s origin. damaging. electronic document. deteriorating. date. time. (o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider. or type of underlying service. or electronic data message. integrity and availability of computer data and systems: (1) Illegal Access. — The intentional or reckless alteration.(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service. — The following acts constitute the offense of cybercrime punishable under this Act: (a) Offenses against the confidentiality. duration. – The access to the whole or any part of a computer system without right. CHAPTER II PUNISHABLE ACTS Section 4. postal or geographic address. without right. deleting. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting. (3) Data Interference. (p) Traffic data or non-content data refers to any computer data other than the content of the communication including. Cybercrime Offenses. – The interception made by technical means without right of any non-public transmission of computer data to. including the introduction or transmission of viruses.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section. alteration. mislead. if such a domain name is: (i) Similar. sale. procurement. destroy reputation. or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic. — The unauthorized input. – The intentional acquisition. in case of a personal name. designed or adapted primarily for the purpose of committing any of the offenses under this Act. for the purpose of perpetuating a fraudulent or dishonest design. distribution. importation. alteration or deletion of identifying information belonging to . or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.(i) The use. without right. That if no damage has yet been caused. alteration. or deletion of computer data or program or interference in the functioning of a computer system. production. or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration: (ii) Identical or in any way similar with the name of a person other than the registrant. including a computer program. (2) Computer-related Fraud. and (iii) Acquired without right or with intellectual property interests in it. — (i) The input. misuse. use. of: (aa) A device. possession. and deprive others from registering the same. or (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein. causing damage thereby with fraudulent intent: Provided. access code. the penalty imposable shall be one (1) degree lower. – The acquisition of a domain name over the internet in bad faith to profit. transfer. or otherwise making available. regardless whether or not the data is directly readable and intelligible. (3) Computer-related Identity Theft. (6) Cyber-squatting. identical. or (bb) A computer password. (b) Computer-related Offenses: (1) Computer-related Forgery.

directly or indirectly. of any lascivious exhibition of sexual organs or sexual activity. subscribers or customers. (4) Libel. and (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. (2) Child Pornography. (bb) The commercial electronic communication does not purposely disguise the source of the electronic message. as amended. 1âwphi1 (3) Unsolicited Commercial Communications. That if no damage has yet been caused. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable. committed through a computer system: Provided. — The unlawful or prohibited acts defined and punishable by Republic Act No. — The transmission of commercial electronic communication with the use of computer system which seek to advertise. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. with the aid of a computer system.another. sell. the penalty imposable shall be one (1) degree lower. receipt of further commercial electronic messages (opt-out) from the same source. (b) Attempt in the Commission of Cybercrime. valid. and reliable way for the recipient to reject. maintenance. Section 6. or operation. as amended. through and with the use of information and communications technologies . (c) Content-related Offenses: (1) Cybersex. and special laws. All crimes defined and penalized by the Revised Penal Code. That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775. — The following acts shall also constitute an offense: (a) Aiding or Abetting in the Commission of Cybercrime. committed through a computer system or any other similar means which may be devised in the future. or (iii) The following conditions are present: (aa) The commercial electronic communication contains a simple. if committed by. for favor or consideration. Section 5. 9775 or the Anti-Child Pornography Act of 2009. or offer for sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient. — The willful engagement. without right: Provided. control. Other Offenses. whether natural or juridical. or (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users.

or special laws.00) but not exceeding Five hundred thousand pesos (PhP500.000.shall be covered by the relevant provisions of this Act: Provided. That the act committed falls within the scope of such authority. . If punishable acts in Section 4(a) are committed against critical infrastructure. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.000. as amended.00) but not exceeding One million pesos (PhPl. Corporate Liability.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No.00) up to maximum amount commensurate to the damage incurred or both. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00.000. Penalties. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50.000. by a natural person acting either individually or as part of an organ of the juridical person. who has a leading position within.000. Liability under Other Laws. Section 7.000.000. the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10. 9775 or the "Anti-Child Pornography Act of 2009″: Provided. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200.That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. Section 9. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200. as the case may be. CHAPTER III PENALTIES Section 8. the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500. Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500.00).000.00) or both. based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority. and special laws. if committed through a computer system.00) or both.00) or both.00) up to a maximum amount commensurate to the damage incurred or both. as amended.000.000. shall be imposed. or (c) an authority to exercise control within the juridical person.000. That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code. (b) an authority to take decisions on behalf of the juridical person: Provided. 9775. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person.000.00) but not exceeding Two hundred fifty thousand pesos (PhP250.

for the benefit of that juridical person by a natural person acting under its authority. date. or to the solution of. All other data to be collected or seized or disclosed will require a court warrant. but not content. size. — Law enforcement authorities.00).If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph. any such crimes. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation. nor identities. route. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation. CHAPTER IV ENFORCEMENT AND IMPLEMENTATION Section 10. or is being committed.000. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Section 11. the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5. time. destination. and (3) that there are no other means readily available for obtaining such evidence. duration. Law Enforcement Authorities. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system. . Section 13. Duties of Law Enforcement Authorities. Real-Time Collection of Traffic Data. post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.000. or to the prevention of. or type of underlying service. or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for. Traffic data refer only to the communication’s origin. Section 12. The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed. Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information. with due cause. The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense. Preservation of Computer Data.

within forty-eight (48) hours after the expiration of the period fixed therein. Section 16. and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination. among other relevant data. the law enforcement authorities shall likewise have the following powers and duties. or used in evidence. traffic data or relevant data in his/its possession or control within seventytwo (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation. or the recordings replayed. except upon order of the court. as is reasonable. examined under a proper warrant shall. (c) To maintain the integrity of the relevant stored computer data. Search. — All computer data. — Law enforcement authorities. Seizure and Examination of Computer Data. the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. (d) To conduct forensic analysis or examination of the computer data storage medium. that all such duplicates or copies are included in the package deposited with the court. Section 14. transmitted or stored by a service provider is used as evidence in a case. and (e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network. including content and traffic data. Section 15. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court. Disclosure of Computer Data. as defined in this Act. (b) To make and retain a copy of those computer data secured. Custody of Computer Data. Within the time period specified in the warrant. upon securing a court warrant. and the law enforcement authority who may access the deposit. and: (a) To secure a computer system or a computer data storage medium. the necessary information. Pursuant thereof. seizure and examination. or then contents revealed. or if made. The package so deposited shall not be opened. to enable the undertaking of the search. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made. be deposited with the court in a sealed package. to conduct interception. — Where a search and seizure warrant is properly issued. That once computer data preserved. the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.Law enforcement authorities may order a one-time extension for another six (6) months: Provided. shall issue an order requiring any person or service provider to disclose or submit subscriber’s information. which shall .

— Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. including any violation committed by a Filipino national regardless of the place of commission. offense shall be given full force and effect. Exclusionary Rule. or for the collection of evidence in electronic form of a criminal.000. Section 20. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal. with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. Department of Justice (DOJ). was in the Philippines. CHAPTER VII COMPETENT AUTHORITIES Section 23. — All relevant international instruments on international cooperation in criminal matters. at the time the offense was committed. There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100. Section 19.00) or both. Section 18. service providers and law enforcement authorities. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country. Noncompliance. Section 17. the DOJ shall issue an order to restrict or block access to such computer data. — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition. . — Upon expiration of the periods as provided in Sections 13 and 15. and domestic laws. arrangements agreed on the basis of uniform or reciprocal legislation. General Principles Relating to International Cooperation. Jurisdiction. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act. to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data. CHAPTER V JURISDICTION Section 21. CHAPTER VI INTERNATIONAL COOPERATION Section 22. for each and every noncompliance with an order issued by law enforcement authorities. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act.not be granted except upon motion. Destruction of Computer Data. shall immediately and completely destroy the computer data subject of a preservation and examination. as the case may be. or when by such commission any damage is caused to a natural or juridical person who.

Implementing Rules and Regulations.000. (g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions. for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan. (d) To facilitate international cooperation on intelligence. investigations. within thirty (30) days from the effectivity of this Act. training and capacity building related to cybercrime prevention. and one (1) representative from the private sector and academe. (b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act. — There is hereby created. under the administrative supervision of the Office of the President. CHAPTER VIII FINAL PROVISIONS Section 27. (c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies. Section 25. for its effective implementation. issuances. including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act. Powers and Functions. and (h) To perform all other matters related to cybercrime prevention and suppression. as members. Composition. Appropriations. — The ICTO-DOST. Cybercrime Investigation and Coordinating Center.000_00) shall be appropriated annually for the implementation of this Act. Head of the DOJ Office of Cybercrime. Section 28. — The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTODOST) as Chairperson with the Director of the NBI as Vice Chairperson. local government units and nongovernment organizations in cybercrime prevention programs and other related projects. suppression and prosecution. .Section 24. — The CICC shall have the following powers and functions: (a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT). (f) To recommend the enactment of appropriate laws. an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC). the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act. (e) To coordinate the support and participation of the business sector. 1âwphi1 Section 26. the Chief of the PNP. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies. — The amount of Fifty million pesos (PhP50. measures and policies.

Section 31. Repealing Clause. 2012. Effectivity. 2796 and House Bill No. ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS. AQUINO III President of the Philippines Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session Begun held in Metro Manila on Monday.Section 29. 8792 or the "Electronic Commerce Act" is hereby modified accordingly.) EMMA LIRIO-REYES Secretary of Senate Approved: SEP 12 2012 (Sgd. Section 30. the twenty-second day of July. two thousand two Republic Act No. Approved. (Sgd. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. BARUA-YAP Secretary General House of Representatives (Sgd. AND FOR OTHER .) BENIGNO S. decrees or rules inconsistent with this Act are hereby repealed or modified accordingly.) FELICIANO BELMONTE JR. Separability Clause — If any provision of this Act is held invalid. (Sgd. the other provisions not affected shall remain in full force and effect. respectively. Section 33(a) of Republic Act No. — All laws. 5808 was finally passed by the Senate and the House of Representatives on June 5. 2012 and June 4. 2003 AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN.) MARILYN B. 9208 May 26.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. Speaker of the House of Representatives (Sgd. PROVIDING PENALTIES FOR ITS VIOLATIONS.

. intimidation or threat. 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. utilizing and offering escort . or. eliminate trafficking in persons. for sexual intercourse or lascivious conduct in exchange for money.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. United Nations Convention on the Rights of the Child. violence. to ensure their recovery. – It is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. The recruitment. transportation. transfer. and mitigate pressures for involuntary migration and servitude of persons. transaction. neglect.Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: Section 1.refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities. fraud. forced labor or services. 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. within or across national borders by means of threat or use of force. (c) Prostitution . deception.refer to the extraction of work or services from any person by means of enticement. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003". 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. or discrimination because of a physical or mental disability or condition.refers to the recruitment. (d) Forced Labor and Slavery . abduction. debt-bondage or deception.refers to any act. Declaration of Policy. the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity. cruelty. Suppress and Punish Trafficking in Persons. the exploitation or the prostitution of others or other forms of sexual exploitation. including deprivation of freedom. (b) Child . Definition of Terms. Section 2. or other forms of coercion. United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent. profit or any other consideration. servitude or the removal or sale of organs. (e) Sex Tourism . abuse of power or of position. In pursuit of this policy. slavery. exploitation. Section 3. transportation. Title. not only to support trafficked persons but more importantly. taking advantage of the vulnerability of the person. or receipt of persons with or without the victim's consent or knowledge. United Nations Convention on the Protection of Migrant Workers and their Families.As used in this Act: (a) Trafficking in Persons . scheme or design involving the use of a person by another. transfer or harboring. use of force or coercion. protect the people from any threat of violence and exploitation. abuse of authority or moral ascendancy. 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. rehabilitation and reintegration into the mainstream of society.

by means of threat or use of force. information technology. pornography. indecent shows. forced labor. harbor. slavery. or material. through publication. debt bondage. involuntary servitude or debt bondage. fraud or through abuse of a victim's vulnerability. involuntary servitude or debt bondage. (c) To offer or contract marriage.shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act. selling. any person or. abuse of authority. violence. (f) Sexual Exploitation . (h) Pornography . (g) To recruit. cinematography. coercion. 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.refers to any representation. buying. including those done under the pretext of domestic or overseas employment or training or apprenticeship. force. (i) Council . pornography.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. transfer. or intimidation for the purpose of removal or sale of organs of said person. pornography. or by whatever means. forced labor. involuntary servitude or debt bondage. real or simulated. selling or trading him/her to engage in prostitution. exhibition. . adopt. forced labor. (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. offering. as provided for under Republic Act No.refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat. Acts of Trafficking in Persons. for the purpose of prostitution.and sexual services as enticement for tourists. natural or juridical. sexual exploitation. for the purpose of acquiring. This includes sexual services and practices offered during rest and recreation periods for members of the military. 6955. any Filipino woman to a foreign national. transport. buying. abduction. (g) Debt Bondage . involuntary servitude or debt bondage. offering. pornography or sexual exploitation. and . or trading them to engage in prostitution. sexual exploitation. coercion. pornography. forced labor or slavery. deception. hire. profit. sexual exploitation.It shall be unlawful for any person. 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. or receive a person by any means. transport or abduct a person. slavery. (e) To maintain or hire a person to engage in prostitution or pornography. fraud. (b) To introduce or match for money. deceit. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. provide. Section 4. sexual exploitation. slavery. economic or other consideration. for marriage for the purpose of acquiring. to commit any of the following acts: (a) To recruit.

. (c) When the crime is committed by a syndicate. building or establishment for the purpose of promoting trafficking in persons. printing.The following are considered as qualified trafficking: (a) When the trafficked person is a child. (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. flyer. forced labor. involuntary servitude or debt bondage. Section 5. (b) To produce. financial or otherwise. shall be unlawful: (a) To knowingly lease or sublease. broadcasting or distribution by any means. publish. of any brochure. 8043. territorial boundaries and seaports who are in possession of unissued. Acts that Promote Trafficking in Persons. and (g) To knowingly benefit from. (e) To facilitate. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. (f) To confiscate. Section 6. slavery.The following acts which promote or facilitate trafficking in persons. sexual exploitation. . (c) To advertise. pornography. use or allow to be used any house. or any propaganda material that promotes trafficking in persons. or slavery. forced labor. 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. assist or help in the exit and entry of persons from/to the country at international and local airports.(h) To recruit. transport or adopt a child to engage in armed activities in the Philippines or abroad. including the use of information technology and the internet. or destroy the passport. broadcast or distribute. publication. print and issue or distribute unissued. travel documents. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. . registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. (b) When the adoption is effected through Republic Act No. or cause the advertisement. It is deemed committed in large scale if committed against three (3) or more persons. print. the labor or services of a person held to a condition of involuntary servitude. conceal. individually or as a group. or make use of. Qualified Trafficking in Persons. tampered or fake counseling certificates. or in large scale. 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.

law enforcement officers. (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. it shall be unlawful for any editor. producer and director of a film in case of the movie industry. (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. In cases when prosecution or trial is conducted behind closed-doors. .000.00). becomes insane. children or legal guardian may file a complaint for trafficking. The name and personal circumstances of the trafficked person or of the accused.000. or where the trafficked person actually resides at the time of the commission of the offense: Provided. order a closed-door investigation. . judges.000. court personnel and medical practitioners.A criminal action arising from violation of this Act shall be filed where the offense was committed. Section 9. shall recognize the right to privacy of the trafficked person and the accused. law enforcement officers. . whenever necessary to ensure a fair and impartial proceeding. Section 10. Confidentiality. Section 6. as well as parties to the case. .00) but not more than Two million pesos (P2. the offended party dies. the trafficked person. Towards this end. and reporter or columnist in case of printed materials. or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.Any person who has personal knowledge of the commission of any offense under this Act. Venue. Penalties and Sanctions. prosecutors and judges to whom the complaint has been referred may. Section 8.(d) When the offender is an ascendant.000.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. publisher.00).00) but not more than One million pesos (P1. prosecution or trial. or where any of its elements occurred. prosecutors. announcer or producer in case of television and radio. and after considering all circumstances for the best interest of the parties. . or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons.At any stage of the investigation. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).000.000. spouse. parent. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. the parents. siblings. prosecution and trial of an offense under this Act. Prosecution of Cases. and (g) When by reason or on occasion of the act of trafficking in persons. (f) When the offender is a member of the military or law enforcement agencies.000. sibling.

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall likewise
be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate without

the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. - In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived
from the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and
separate properties of the offender; Provided, further, That if such properties are insufficient, the
balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in
value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or
it has been concealed, removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value
of the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited
and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and
managed by the Council to be used exclusively for programs that will prevent acts of trafficking and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs
shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data
collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose,
the following agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country,
and explore means to further enhance its assistance in eliminating trafficking activities
through closer networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine
Readable Passports to protect the integrity of Philippine passports, visas and other travel

documents to reduce the incidence of trafficking through the use of fraudulent identification
documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling
program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative
and protective programs for trafficked persons. It shall provide counseling and temporary
shelter to trafficked persons and develop a system for accreditation among NGOs for
purposes of establishing centers and programs for intervention in various levels of the
community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation
and compliance with the rules and guidelines relative to the employment of persons locally
and overseas. It shall likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and prosecute cases
of trafficking. It shall also establish a mechanism for free legal assistance for trafficked
persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other
NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate
and coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall likewise
advocate for the inclusion of the issue of trafficking in persons in both its local and
international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers
both at the place of arrival and departure and shall ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected to be
engaged in trafficking. It shall closely coordinate with various law enforcement agencies to
secure concerted efforts for effective investigation and apprehension of suspected traffickers.
It shall also establish a system to receive complaints and calls to assist trafficked persons
and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective
pre-employment orientation seminars and pre-departure counseling programs to applicants
for overseas employment. It shall likewise formulate a system of providing free legal
assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.

Philippine National Police. Department of Labor and Employment. Preferential Entitlement Under the Witness Protection Program. . These representatives shall be nominated by the government agency representatives of the Council. the consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant. . for appointment by the President for a term of three (3) years. any trafficked person shall be entitled to the witness protection program provided therein. with a proven record of involvement in the prevention and suppression of trafficking in persons. National Commission on the Role of Filipino Women. Philippine Overseas Employment Administration. . (c) Administrator. assistance and services available to trafficked persons under this Act: Provided.There is hereby established an Inter-Agency Council Against Trafficking. Legal Protection to Trafficked Persons. Section 18. In this regard. Section 20. and (g) Three (3) representatives from NGOs. trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate protection.shall monitor and document cases of trafficking in persons in their areas of jurisdiction. Inter-Agency Council Against Trafficking. to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the Department of Social Welfare and Development as CoChairperson and shall have the following as members: (a) Secretary. (f) Chairperson. . overseas Filipino workers (OFWs) and children. who shall be composed of one (1) representative each from among the sectors representing women. Department of Foreign Affairs. (b) Secretary.(j) Local government units (LGUs) . Commission on Filipinos Overseas (CFO).Any provision of Republic Act No. effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. Section 17. Trafficked Persons Who are Foreign Nationals. .Subject to the guidelines issued by the Council. Philippine Information Agency (PIA). civic organizations and other volunteer groups.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. (e) Director-General. They shall encourage and support community based initiatives which address the trafficking in persons. Section 19. NGOs and other concerned agencies. 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. 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. (d) Commissioner. Bureau of Immigration. 6981 to the contrary notwithstanding. In implementing this Act. people's organizations (Pos). the agencies concerned may seek and enlist the assistance of NGOs.

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons. office. concerned agencies. and effective response to cases of trafficking in persons. coordinated. agencies. (i) Secure from any department. (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. agency. DSWD. 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. and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting. (k) Develop the mechanism to ensure the timely.The Council shall have the following powers and functions: (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons. 8042. (b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act. . (h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE. rules and regulations. (j) Complement the shared government information system for migration established under Republic Act No. Technical Education and Skills Development Authority (TESDA). Commission on Higher Education (CHED). . institutions or establishments that violate the provisions of this Act.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. (g) Assist in filing of cases against individuals. or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act. LGUs and NGOs. Section 21. and NGOs. (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. (f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken. (c) Monitor and oversee the strict implementation of this Act. Functions of the Council. bureau.

(e) Livelihood and skills training. dignity and fundamental rights are concerned. . and (p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act. shall be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons insofar as the promotion of their welfare.The country team approach under Executive Order No. . 8042 shall also be extended to trafficked persons regardless of their immigration status in the host country. (c) The Country Team Approach. Secretariat to the Council. (n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines. 74 of 1993. (o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons. (a) Legal Assistance.To ensure recovery. Other Services for Trafficked Persons. (c) Free legal services which shall include information about the victims' rights and the procedure for filing complaints. Sustained supervision and follow through mechanism that will track the progress of recovery. (b) Overseas Filipino Resource Centers. .Trafficked persons shall be considered under the category "Overseas Filipino in Distress" and may avail of the legal assistance created by Republic Act No. (b) Counseling. rehabilitation and reintegration of the trafficked persons shall be adopted and carried out. claiming compensation and such other legal remedies available to them. in a language understood by the trafficked person. Section 22. Section 24. Section 23. . 8042. .(m) Coordinate with the Department of Transportation and Communications (DOTC). concerned government agencies shall make available the following services to trafficked persons: (a) Emergency shelter or appropriate housing. rehabilitation and reintegration into the mainstream of society. and (f) Educational assistance to a trafficked child. subject to the guidelines as provided by law. Mandatory Services to Trafficked Persons.The services available to overseas Filipinos as provided for by Republic Act No. Department of Trade and Industry (DTI). .The Department of Justice shall establish the necessary Secretariat for the Council. and other NGOs in monitoring the promotion of advertisement of trafficking in the internet. (d) Medical or psychological services.

That this Act shall not in any way amend or repeal the provision of Republic Act No. regardless of whether they are documented or undocumented.Section 25. . Section 26. Approved. however. Section 31. Separability Clause. the repatriation of the trafficked persons shall expose the victims to greater risks. Effectivity. 2003 respectively. as may be legally permissible in the host country.Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association. any section or provision of this Act is held unconstitutional or invalid. If. in consultation with DFA. otherwise known as the "Special Protection of Children Against Child Abuse. 2444 and House Bill No.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. FRANKLIN DRILON President of the Senate JOSE DE VENECIA JR. . the funding of which shall be included in the annual General Appropriations Act. the DFA shall make representation with the host government for the extension of appropriate residency permits and protection. Section 29. NAZARENO . 7610. Section 33. which is a consolidation of Senate Bill No. Non-restriction of Freedom of Speech and of Association.All laws. shall have the primary responsibility for the repatriation of trafficked persons.The Council shall promulgate the necessary implementing rules and regulations within sixty (60) days from the effectivity of this Act.The DFA. Section 27. Extradition. . Repatriation of Trafficked Persons.If. Section 28. executive orders and rules and regulations. shall endeavor to include offenses of trafficking in persons among extraditable offenses. 4432 was finally passed by the Senate and the House of Representatives on May 12. . inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided.This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.The DOJ. Repealing clause. YABES ROBERTO P. . Reporting Requirements. . . Exploitation and Discrimination Act". Religion and the Right to Travel. religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. . . presidential decrees. the other sections or provisions hereof shall not be affected thereby. Section 32. for any reason.The Council shall submit to the President of the Philippines and to Congress an annual report of the policies. Section 30. in coordination with DOLE and other appropriate agencies. Funding. or parts thereof. OSCAR G. Implementing Rules and Regulations. programs and activities relative to the implementation of this Act. Speaker of the House of Representatives This Act.

or (3) The above acts would result in an intimidating. EDUCATION OR TRAINING ENVIRONMENT. instruction or education. or any other person who. or the refusal to grant the sexual favor results in limiting. request or requirement for submission is accepted by the object of said Act. enhance the development of its human resources. education or training-related sexual harassment is committed by an employer. supervisor.Work. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. (a) In a work-related or employment environment. trainor. GLORIA MACAPAGAL-ARROYO President of the Philippines REPUBLIC ACT No. influence or moral ascendancy over another in a work or training or education environment. coach. or privileges. Declaration of Policy. applicants for employment. promotions. . requests or otherwise requires any sexual favor from the other. reemployment or continued employment of said individual. or offensive environment for the employee. students or those undergoing training. manager. Towards this end. deprive ordiminish employment opportunities or otherwise adversely affect said employee.The State shall value the dignity of every individual. . custody or supervision of the offender. Education or Training -Related. sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment. guarantee full respect for human rights. Sexual Harassment Defined. having authority. employees. . 7877 AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT. AND FOR OTHER PURPOSES. 2003. Section 3. segregating or classifying the employee which in any way would discriminate. terms of conditions. instructor. all forms of sexual harassment in the employment. . and uphold the dignity of workers. professor. demands. employee. (b) In an education or training environment. or in granting said individual favorable compensation. sexual harassment is committed: (1) Against one who is under the care.Secretary of Senate Secretary General House of Represenatives Approved: May 26. hostile. agent of the employer." Section 2. Title. education or training environment are hereby declared unlawful.This Act shall be known as the "Anti-Sexual Harassment Act of 1995. Work. teacher. (2) The above acts would impair the employee's rights or privileges under existing labor laws. regardless of whether the demand.

among others. trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined. Towards this end. professors. and students or trainees to increase understanding and prevent incidents of sexual harassment. or consideration. guidelines on proper decorum in the workplace and educational or training institutions. or who cooperates in the commission thereof by another without which it would not have been committed. or the granting of honors and scholarships. Duty of the Employer or Head of Office in a Work-related.(2) Against one whose education. instructors. to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution.It shall be the duty of the employer or the head of the work-related. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. allowance or other benefits. privileges. instructors. trainors. if any. the committee shall be composed of at least one (1) representative from the administration. It shall also conduct the investigation of alleged cases constituting sexual harassment. and from the rank and file employees. . teachers. the union. prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. the employees from the supervisory rank. . or the payment of a stipend. the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees. Section 4. the committee shall be composed of at least one (1) representative each from the management. educational or training environment or institution. educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. (3) When the sexual favor is made a condition to the giving of a passing grade. shall also be held liable under this Act. coaches. The committee shall conduct meetings. In the case of the educational or training institution. through their duly designated representatives. apprenticeship or tutorship is entrusted to the offender. the trainors. training. Education or Training Environment. with officers and employees. The said rules and regulations issued pursuant to this subsection (a) shall include. settlement or prosecution of acts of sexual harassment. as the case may be. as the case may be. professors or coaches and students or trainees. hostile or offensive environment for the student. (b) Create a committee on decorum and investigation of cases on sexual harassment. or (4) When the sexual advances result in an intimidating. In the case of a work-related environment. The employer or head of office.

educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment. upon conviction.) CAMILO L.This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. orders.If any portion or provision of this Act is declared void or unconstitutional. Section 9. Section 7. TUMANGAN Secretary of the Senate (Sgd. Approved: (Sgd. 1995. . . 1995 . be penalized by imprisonment of not less than one (1) month nor more than six (6) months. education or training environment if the employer or head of office. Effectivity Clause.) EDGARDO J. Section 10. 1632 was finally passed by the House of Representatives and the Senate on February 8. Speaker of the House of Representatives This Act is a consolidation of House Bill No.Any person who violates the provisions of this Act shall. Penalties. Head of Office. JR.) EDGARDO E. decrees. . . (Sgd. education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Educational or Training Institution.The employer or head of office. . educational or training institution is informed of such acts by the offended party and no immediate action is taken. rules and regulations. Separability Clause.. or a fine of not less than Ten thousand pesos (P10. Repealing Clause. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. the remaining portions or provisions hereof shall not be affected by such declaration. Section 8.All laws. or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. ANGARA President of the Senate (Sgd.Nothing in this Act shall preclude the victim of work.Section 5. or both such fine and imprisonment at the discretion of the court. 9425 and Senate Bill No.) JOSE DE VENECIA.000). SABIO Secretary General House of Representatives Approved: February 14. Section 6. Independent Action for Damages. other issuances. Liability of the Employer.000) nor more than Twenty thousand pesos (P20.

(e) "Private area of a person" means the naked or undergarment clad genitals. copying.) FIDEL V. Section 3. or the act of selling. or broadcast.The State values the dignity and privacy of every human person and guarantees full respect for human rights. buttocks or female breast of an individual.(Sgd. a visual image with the intent that it be viewed by a person or persons. the State shall penalize acts that would destroy the honor. public area. . RAMOS President of the Philippines Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fourteenth Congress Third Regular Session Begun and held in Metro Manila. Declaration of Policy. internet. under circumstances in which such person/s has/have a reasonable expectation of privacy. means to videotape. the twenty-seventh day of July. film.For purposes of this Act. the term: (a) "Broadcast" means to make public. (c) "Female breast" means any portion of the female breast. sharing. 9995 AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM. (b) "Capture" with respect to an image. reproducing. Toward this end. photograph. Definition of Terms. . on Monday. showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD. broadcasting. two thousand nine. (d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent.This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009". notwithstanding that consent to record or take photo or video coverage of same was given by such person's. record by any means. . AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section 1. Republic Act No. dignity and integrity of a person. PRESCRIBING PENALTIES THEREFOR. . by any means. cellular phones and similar means or device without the written consent of the person/s involved. Short Title. Section 2.

and upon showing that there are reasonable grounds to believe that photo or video . at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act. or a professional. Section 4. to use the record or any copy thereof as evidence in any civil. If the violator is a juridical person.The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100. its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media. he/she shall be administratively liable. shall render it unlawful or punishable for any peace officer. Exemption. however. If the offender is a public officer or employee. or cause to be published or broadcast. That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce. who is authorized by a written order of the court. or to cause to be copied or reproduced. or both. and the station manager. whether in print or broadcast media. (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. cellular phones and other similar means or device. (b) To copy or reproduce. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could disrobe in privacy. The prohibition under paragraphs (b). Section 6. (c) To sell or distribute.000. . internet. such photo or video or recording of sexual act or any similar activity with or without consideration. regardless of whether that person is in a public or private place. . he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines. Prohibited Acts. . or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public. such photo or video or recording of sexual act.00). If the offender is an alien. whether it be the original copy or reproduction thereof. or (d) To publish or broadcast.00) but not more than Five hundred thousand pesos (P500. public area.Nothing contained in this Act. Section 5.000. Penalties. or cause to be sold or distributed. without being concerned that an image or a private area of the person was being captured. editor and broadcaster in the case of a broadcast media. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. criminal investigation or trial of the crime of photo or video voyeurism: Provided.It is hereby prohibited and declared unlawful for any person: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals.

Approved (Sgd. Section 10. letter of instruction . AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR Section 1. NOGRALES Speaker of the House of Representatives (Sgd. and that the evidence to be obtained is essential to the conviction of any person for. 2009. respectively. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. photo or video. is an initiation rite or practice as a prerequisite for admission into membership in a fraternity.If any provision or part hereof is held invalid or unconstitutional. rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed. .) MARILYN B. 1avvphi1 Section 8. . crime.) PROSPERO C. 2010 (Sgd. 2357 and House Bill No.) GLORIA MACAPAGAL-ARROYO President of the Philippines REPUBLIC ACT No. or copy thereof. as used in this Act. . Inadmissibility of Evidence. Hazing. Repealing Clause. silly. executive order. . SORORITIES. or to the solution or prevention of such. foolish and . the remaining provisions not affected thereby shall remain valid and subsisting. 2009 and November 18. Section 9.) EMMA LIRIO-REYES Secretary of Senate Approved: FEB 15. Effectivity Clause.Any law. 6571 was finally passed by the Senate and the House of Representatives on December 1. obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial. presidential decree or issuance. administrative order. Section 7. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES. quasi-judicial.This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two(2) newspapers of general circulation. modified or amended accordingly. BARUA-YAP Secretary General House of Represenatives (Sgd.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. legislative or administrative hearing or investigation. sorority or organization by placing the recruit.Any record. (Sgd. Separability Clause.voyeurism has been committed or is about to be committed.

other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or
injury.
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and psychological fitness of
prospective regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved ny the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization
shall be allowed without prior written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice shall indicate the period of the
initiation activities which shall not exceed three (3) days, shall include the names of those to be
subjected to such activities, and shall further contain an undertaking that no physical violence be
employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two
(2) representatives of the school or organization, as the case may be, to be present during the
initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical
injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization
who actually participated in the infliction of physical harm shall be liable as principals. The person or
persons who participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation
results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to
20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent
or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to
17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of
speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a
leg or shall have lost the use of any such member shall have become incapacitated for the
activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years
and 8 months) if in consequence of the hazing the victim shall become deformed or shall
have lost any other part of his body, or shall have lost the use thereof, or shall have been ill
or incapacitated for the performance on the activity or work in which he was habitually
engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
on the activity or work in which he was habitually engaged for a period of more than thirty
(30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
on the activity or work in which he was habitually engaged for a period of ten (10) days or
more, or that the injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or
that the injury sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day
to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not
prevent him from engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training organization,
may impose the appropriate administrative sanctions on the person or the persons charged under
this provision even before their conviction. The maximum penalty herein provided shall be imposed
in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on
the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that
hazing will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the proper school authorities, or to
the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he has
actual knowledge of the hazing conducted therein but failed to take any action to prevent the same
from occurring. If the hazing is held in the home of one of the officers or members of the fraternity,
group, or organization, the parents shall be held liable as principals when they have actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring.
The school authorities including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring shall be
punished as accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts constituting the hazing were committed shall
be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the
hazing were committed and failed to take action to prevent the same from occurring shall be liable
as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as
principal unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that
there was no intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a
corporation engaged in hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2)
national newspapers of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;

torture shall include. inhuman and degrading treatment or punishment. but not limited to. the following terms shall mean: (a) "Torture" refers to an act by which severe pain or suffering. disability or dysfunction of one or more parts of the body. Section 3. exhaustion. the Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel. the International Covenant on Civil and Political Rights (ICCPR).(b) To ensure that the human rights of all persons. force. violence. and all other relevant international human rights instruments to which the Philippines is a signatory. Acts of Torture. or other cruel. listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as legitimate targets as combatants that it could deal with. or intimidating or coercing him/her or a third person. Definitions. through the use of means allowed by domestic and international law. are prohibited. punishing him/her for an act he/she or a third person has committed or is suspected of having committed. (c) To ensure that secret detention places. where torture may be carried out with impunity. incommunicado or other similar forms of detention. Inhuman or Degrading Treatment or Punishment (CAT). Section 4. and that no person placed under investigation or held in custody of any person in authority or. but not be limited to. (c) "Victim" refers to the person subjected to torture or other cruel. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. inflicted by a person in authority or agent of a person in authority against a person under his/her custody. psychological or mental harm. It does not include pain or Buffering arising only from. solitary.For purposes of this Act. agent of a person authority shall be subjected to physical. the Convention on the Rights of the Child (CRC). which attains a level of severity causing suffering. . inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture. threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans or degrades human dignity.For purposes of this Act. gross humiliation or debasement to the latter. whether physical or mental. such as: . . or for any reason based on discrimination of any kind. including suspects. various international instruments to which the Philippines is a State party such as. detainees and prisoners are respected at all times. inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. inherent in or incidental to lawful sanctions. (d) "Order of Battle" refers to any document or determination made by the military. and (d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987 Philippine Constitution. (b) "Other cruel. the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain. police or any law enforcement agency of the government. is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession.

(9) Dental torture or the forced extraction of the teeth. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. vomit and/or blood until the brink of suffocation. (4) Cigarette burning.(1) Systematic beating. . animal or human excreta and other stuff or substances not normally eaten. or electrical torture of the genitals. including the insertion of foreign objects into the sex organ or rectum. (5) The submersion of the head in water or water polluted with excrement. striking with truncheon or rifle butt or other similar objects. such as: (1) Blindfolding. and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. (3) Electric shock. (2) Threatening a person(s) or his/fher relative(s) with bodily harm. alertness or will of a person. and jumping on the stomach. etc. (7) Rape and sexual abuse. (2) Food deprivation or forcible feeding with spoiled food. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. burning by electrically heated rods. or acids or spices directly on the wound(s). headbanging. (11) Harmful exposure to the elements such as sunlight and extreme cold. tongue. (8) Mutilation or amputation of the essential parts of the body such as the genitalia. (10) Pulling out of fingernails. ear. by the rubbing of pepper or other chemical substances on mucous membranes. urine. and (14) Other analogous acts of physical torture. acid. punching. memory. kicking. such as: (i) The administration or drugs to induce confession and/or reduce mental competency.. (13) The use of psychoactive drugs to change the perception. execution or other wrongful acts. (6) Being tied or forced to assume fixed and stressful bodily position. hot oil.

relatives or any third party. Freedom from Torture and Other Cruel. or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture and other cruel. and the crime or offense committed. Inhuman and Degrading Treatment or Punishment. (8) Causing the torture sessions to be witnessed by the person's family. Prohibited Detention. . parading him/her in public places. Other Cruel. including the duration of the treatment or punishment. Inhuman and Degrading Treatment or Punishment. (10) Shame infliction such as stripping the person naked. . Are hereby prohibited. In which case. inflicted by a person in authority or agent of a person in authority against another person in custody. incommunicado or other similar forms of detention.(3) Confinement in solitary cells or secret detention places. date of arrest and incarceration. age and state of health of the victim. its physical and mental effects and. . where torture may be carried out with impunity. inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. Section 6. shaving the victim's head or putting marks on his/her body against his/her will. The assessment of the level of severity shall depend on all the circumstances of the case. (5) Preparing a prisoner for a "show trial". inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. This list shall be made available to the public at . the Philippine National Police (PNP). Section 5. the Armed Forces of the Philippines (AFP) and other law enforcement. internal political instability. among others. agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as. (9) Denial of sleep/rest.Secret detention places. or any other public emergency. A state of war or a threat of war. solitary confinement. creating the belief that he/she shall be summarily executed. names. religion. (4) Prolonged interrogation. and (12) Other analogous acts of mental/psychological torture. which attains a level of severity sufficient to cause suffering. Section 7. inhuman and degrading treatment or punishment. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. the sex. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. An Absolute Bight. public display or public humiliation of a detainee or prisoner. in some cases. (7) Maltreating a member/s of a person's family.Other cruel.Torture and other cruel. gross humiliation or debasement to the latter.

he/she . The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs). Section 10. witnesses and relatives. shall be executed or complied with immediately.The CHR and the PAO shall render legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel. his/her lawyer. threat and/or intimidation as a consequence of the filing of said complaint or the presentation of evidence therefor.A victim of torture shall have the following rights in the institution of a criminal complaint for torture: (a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the Department of Justice (DOJ). but not limited to. AFP and other law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas. within the first five (5) days of every month at the minimum. the PNP. if any. degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof. the Public Attorney's Office (PAO). An appeal whenever available shall be resolved within the same period prescribed herein. Section 8. such list to be periodically updated. detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. or for any interested party thereto. Section 11. the State through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons involved in the investigation and prosecution such as.all times. every person arrested. Section 9. Amparo and Habeas Data Proceedings and Compliance with a Judicial 07'der. by the same agencies. Medical and Psychological Examination. . and submit a copy. AFP and all other law enforcement agencies to the Commission on Human Rights (CHR). to the respective regional offices of the CHR. Assistance in Filing a Complaint. Institutional Protection of Torture Victims and Other Persons Involved. Every regional office of the PNP. (b) To have sufficient government protection against all forms of harassment.Any confession. A prompt investigation shall mean a maximum period of sixty (60) working days from the time a complaint for torture is filed within which an investigation report and/or resolution shall be completed and made available. the National Bureau of Investigation (NBI) and the AFP. Exception.A writ of habeas corpus or writ of amparo or writ of habeas data proceeding. filed on behalf of the victim of torture or other cruel. inhuman and degrading treatment or punishment. . Right to' Physical. and shall make the same available to the public at all times at their respective regional headquarters. If such person cannot afford the services of his/her own doctor. Applicability of the Exclusionary Rule. .Before and after interrogation. . and (c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid further trauma. admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings. updated in the same manner provided above. In which case. except if the same is used as evidence against a person or persons accused of committing torture. Section 12. Disposition of Writs of Habeas Corpus. . A copy of the complete list shall likewise be submitted by the PNP. with a copy of the complete list available at the respective national headquarters of the PNP and AFP. or other appropriate order of a court relative thereto.

assisted. including his/her immediate family. Furthermore. and which shall he attached to the custodial investigation report. age and address of the patient or victim. disease and/or trauma was/were sustained. Any person who does not wish to avail of the rights under this pr<. Such report shall be considered a public document. disease and/or trauma was/were sustained. executed in the presence and assistance of his/her counsel. (f) The place where the injury. psychological and mental examinations. If the person arrested is a female. (g) The time. (b) The name and address of the nearest kin of the patient or victim. Following applicable protocol agreed upon by agencies tasked to conduct physical. and (h) The diagnosis. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. or has . The physical examination and/or psychological evaluation of the victim shall be contained in a medical report.lvision may knowingly and voluntarily waive such rights in writing. the commission thereof by his/her subordinates. Who are Criminally Liable. inhuman and degrading treatment or punishment shall be committed. include: (a) The name. pain and disease and/or trauma. the prognosis and/or disposition of the patient. any person arrested. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. owing to the circumstances at the time. whether directly or indirectly. is being committed. (d) The nature and probable cause of the patient or victim's injury. date and nature of treatment necessary. abetted or allowed. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. the medical reports shall. which shall include in detail his/her medical history and findings. shall have the right to immediate access to proper and adequate medical treatment. and/or medical treatment. (e) The approximate time and date when the injury. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. psychological and mental examination. The State shall endeavor to provide the victim with psychological evaluation if available under the circumstances.shall he provided by the State with a competent and independent doctor to conduct physical examination. pain.Any person who actually participated Or induced another in the commission of torture or other cruel. she shall be attended to preferably by a female doctor. among others. (c) The name and address of the person who brought the patient or victim for physical. detained or under custodial investigation. If he/she has knowledge of or. . Section 13. should have known that acts of torture or other cruel. duly signed by the attending physician. or negligence committed by him/her that shall have led. pain.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. in consequence of torture. fear of becoming insane or suicidal tendencies of the victim due to guilt. in consequence of torture. imbecile. or shall have lost the use of any such member. a foot. either as principal or accomplice. Section 14. (4) Torture with other forms of sexual abuse and. despite such knowledge. blind or maimed for life. inhuman and degrading treatment or punishment.(a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts: (1) Torture resulting in the death of any person. during or immediately after its commission. (b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in insanity. concealing or assisting m the escape of the principal/s in the act of torture or other cruel. whether deliberately or due to negligence shall also be liable as principals. Or shall have become permanently incapacitated for labor. complete or partial amnesia. impotent. (3) Torture with rape. when he/she has the authority to prevent or investigate allegations of torture or other cruel. an arm or a leg.been committed by his/her subordinates or by others within his/her area of responsibility and. did not take preventive or corrective action either before. the victim shall have become insane. inhuman and degrading treatment or punishment: Provided. a hand. and (5) Torture committed against children. (c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in psychological. That the accessory acts are done with the abuse of the official's public functions. or(c) By harboring. (b) By concealing the act of torture or other cruel. the victim shall have become deformed or shall have lost any part of . Penalties. or shall have lost an eye. the victim shall have lost the power of speech or the power to hear or to smell. . (e) The penalty of prision mayor in its minimum and medium periods shall be imposed if. (2) Torture resulting in mutilation. worthlessness or shame. ' (d) The penalty of prision mayor in its medium and maximum periods shall be imposed if. in consequence of torture. mental and emotional harm other than those described 1n paragraph (b) of this section. inhuman and degrading treatment or punishment is being committed and without having participated therein. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel.

incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity. or shall have been ill or incapacitated for labor for a period of more than ninety (90) days. (g) The penalty of prision correccional in its minimum and medium period shall be imposed if. the victim shall have been ill or incapacitated for labor for thirty (30) days or less. in coordination with the Chairperson of the CHR. In which case. (h) The penalty of arresto mayor shall be imposed for acts constituting cruel. Victims of torture shall also have the right to claim for compensation from such other financial relief programs that may be made available to him/her under existing law and rules and regulations. Section 16.his/her body other than those aforecited. submit or make available to the public an updated list of detention centers and facilities with the corresponding data on the prisoners or detainees incarcerated or detained therein. Torture as a Separate and Independent Crime.000. in consequence of torture. pursuant to Section 7 of this Act. 7309: Provided.00). the victim shall have been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days. Section 17. persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions. in consequence of torture. .No person shall be expelled. . Applicability of Refouler.Any person who has suffered torture shall have the right to claim for compensation as provided for under Republic Act No. or shall have lost the use thereof. (f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed if. flagrant or mass violations of human rights. . the PNP and other law enforcement agencies for failure to perform his/her duty to maintain. torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws. (i) The penalty of prision correccional shall be imposed upon those who establish. returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to torture. (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP. That in no case shall compensation be any lower than Ten thousand pesos (P10. Compensation to Victims of Torture. . or as a means in the conduct or commission thereof. Section 15. where applicable and not limited to. Section 18. .Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence. Exclusion from the Coverage of Special Amnesty Law. inhuman or degrading treatment or punishment as defined in Section 5 of this Act. the existence in the requesting State of a consistent pattern of gross. operate and maintain secret detention places and/or effect or cause to effect solitary confinement.In order not to depreciate the crime of torture. shall take into account all relevant considerations including. the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ. For the purposes of determining whether such grounds exist.

the other provisions not affected thereby shall continue to be in full force and effect. .The amount of Five million pesos (Php5. . with the active participation of human rights nongovernmental organizations. . the penalty to be imposed shall be in its maximum period. . shall promulgate the rules and regulations for the effective implementation of tills Act. Section 22. the Department of National Defense (DND). The Committee shall be headed by a Commissioner of the CRR. Implementing Rules and Regulations.000. Section 25. Repealing Clause. Separability Clause. psychological healing and development of victims of torture and their families. decrees. inhuman and degrading treatment or punishment as defined herein. social. inhuman and degrading punishment shall likewise be formulated by the same agencies. Section 20. interrogation or treatment of any individual subjected to any form of arrest. inhuman and degrading treatment or punishment shall be fully included in the training of law enforcement personnel.Section 19. . public officials and other persons who may be involved in the custody. if the commission of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting torture and other cruel. The DSWD. and the Minority Leaders of both houses or their respective representatives in the minority. Section 24. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the integration of human rights education courses in all primary. Section 23. civil or military. with the following as members: the Chairperson of the Senate Committee on Justice and Human Rights. medical personnel.An Oversight Committee is hereby created to periodically oversee the implementation of this Act.The provisions of the Revised Penal Code insofar as they are applicable shall be suppletory to this Act. Education and Information Campaign. Thereafter. Toward the attainment of restorative justice. secondary and tertiary level academic institutions nationwide. the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by the government to actively participate in the formulation of such program that shall provide for the physical. .The DOJ and the CHR. They shall also ensure the full dissemination of such rules and regulations to all officers and members of various law enforcement agencies. such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. . the Department of the Interior and Local Government (DILG) and such other concerned parties in both the public and private sectors shall ensure that education and information regarding prohibition against torture and other cruel. Appropriations. and human rights organizations shall formulate a comprehensive rehabilitation program for victims of torture and their families.000. Monitoring of Compliance with this Act. . the Department of Social Welfare and Development (DSWD). a parallel rehabilitation program for persons who have committed torture and other cruel. Formulation of a Rehabilitation Program. mental. . the respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights. detention or imprisonment. Section 26. Applicability of the Revised Penal Code. Moreover.00) is hereby appropriated to the CHR for the initial implementation of tills Act. the DOJ and the Department of Health (DOH) and such other concerned government agencies. Section 21.All laws. the DOJ.The CHR.Within one (1) year from the effectivity of this Act. executive orders or rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.If any provision of this Act is declared invalid or unconstitutional.

. or however otherwise described: It shall also be unlawful for any person. (Sgd.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of House Bill No. either verbally or in writing. That the use of such record or any copies thereof as evidence in any civil. 5709 and Senate Bill No. to knowingly possess any tape record. or to furnish transcriptions thereof. Any person who willfully or knowingly does or who shall aid. 2009 (Sgd. NOGRALES Speaker of the House of Representatives (Sgd. (Sgd. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder. criminal investigation or trial of offenses mentioned in section 3 hereof.) EMMA LIRIO-REYES Secretary of Senate Approved: November 10. 1978 was finally passed by the House of Representatives and the Senate on September 2.) MARILYN B. AND FOR OTHER PURPOSES.) GLORIA MACAPAGAL-ARROYO President of the Philippines REPUBLIC ACT No. 4200 AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION. not being authorized by all the parties to any private communication or spoken word. to secretly overhear. be he a participant or not in the act or acts penalized in the next preceding sentence. or causes such violation shall. permits.2009. to any other person: Provided. Section 2. or by using any other device or arrangement. or to replay the same for any other person or persons. It shall be unlawful for any person. to tap any wire or cable. or aids. wire record. shall not be covered by this prohibition. Effectivity. whether complete or partial. intercept. . or to communicate the contents thereof.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. BARUA-YAP Secretary General House of Representives (Sgd. permit. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. or copies thereof.) PROSPERO C. Approved. disc record.Section 27. or any other such record.

or to the prevention of. inciting to rebellion.upon conviction thereof. or record the communications. or the recordings replayed. The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed. be deposited with the court in a sealed envelope or sealed package. The envelope or package so deposited shall not be opened. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. if the offender is an alien he shall be subject to deportation proceedings. discussions. Section 3. or used in evidence. which shall not be granted except upon motion. (2) the identity of the peace officer authorized to overhear. any of such crimes. and. punishing espionage and other offenses against national security:Provided. or to the solution of. or spoken words. with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. and shall be accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made. All recordings made under court authorization shall. piracy. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided. discussions. or recorded and. who is authorized by a written order of the Court. Any communication or spoken word. or meaning of the same or any part thereof. and (3) that there are no other means readily available for obtaining such evidence. conversations. conspiracy and proposal to commit rebellion. (3) the offense or offenses committed or sought to be prevented. and certifying that no duplicates or copies of the whole or any part thereof have been made. such authority shall be granted only upon prior proof that a rebellion or acts of sedition. or records included in the deposit. unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public interest. or their contents revealed. or the existence. except upon order of the court. contents. or any information therein contained obtained or . sedition. Section 4. conversations. provoking war and disloyalty in case of war. or if made. the telegraph line or the telephone number involved and its location. kidnapping as defined by the Revised Penal Code. mutiny in the high seas. That in cases involving the offenses of rebellion. within forty-eight hours after the expiration of the period fixed in the order. purport. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason. espionage. inciting to sedition. The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the order. the dates and times covered by each recording. sedition. conspiracy to commit sedition. 616. The order granted or issued shall specify: (1) the identity of the person or persons whose communications. in the case of telegraphic or telephonic communications. and violations of Commonwealth Act No. intercepted. discs. intercept. the number of tapes. inciting to rebellion. that all such duplicates or copies are included in the envelope or package deposited with the court. shall render it unlawful or punishable for any peace officer. effect. however. however. and inciting to sedition. Nothing contained in this Act. conspiracy to commit sedition. rebellion. and (4) the period of the authorization. substance. have actually been or are being committed. or spoken words are to be overheard. conspiracy and proposal to commit rebellion. as the case may be.

All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended. 9372 March 6. The State recognizes that the fight against terrorism requires a comprehensive approach. Section 5. Section 6. however that the exercise of the constitutionally recognized powers of the executive department of the . Approved: June 19. ." SEC. This Act shall take effect upon its approval.secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial. and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. on Monday. quasi-judicial. restriction or diminution of constitutionally recognized powers of the executive branch of the government. . It is to be understood. military. and to make terrorism a crime against the Filipino people. 2007 AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION 1.It is declared a policy of the State to protect life. the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution. addressing the roots of conflict by building state capacity and promoting equitable economic development. comprising political. the nineteenth day of February. 2. liberty. and against the law of nations. to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people. Short Title.This Act shall henceforth be known as the "Human Security Act of 2007. Republic Act No. diplomatic. two thousand seven. and property from acts of terrorism. 1965 Republic of the Philippines Congress of the Philippines Metro Manila Thirteenth Congress Third Regular Session Begun and held in Metro Manila. against humanity. Declaration of Policy. In the implementation of the policy stated above. Nothing in this Act shall be interpreted as a curtailment. Such measures shall include conflict management and post-conflict peace-building. economic. legislative or administrative hearing or investigation.

.Any person who. not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof. otherwise known as the Indeterminate Sentence Law. Ammunitions or Explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace. Article 134-a (Coup d' Etat). SEC. 4. 1613 (The Law on Arson). Presidential Decree No. c. SEC. Conspiracy to Commit Terrorism. Acquisition or Disposition of Firearms. as amended.Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Article 267 (Kidnapping and Serious Illegal Detention). Presidential Decree No. 5. 4. Terrorism. Article 134 (Rebellion or Insurrection). Republic Act No. 2. b. without the benefit of parole as provided for under Act No. . 3. f. SEC. (Atomic Energy Regulatory and Liability Act of 1968). Republic Act No..government shall not prejudice respect for human rights which shall be absolute and protected at all times. 6. e. as amended (Decree Codifying the Laws on Illegal and Unlawful Possession. 6235 (Anti-Hijacking Law). d. There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same. Republic Act No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974). or under 1. Manufacture. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990). Dealing in. and. . 3. including acts committed by private persons. four months one day to twenty (20) years of imprisonment. 4103. 5. Accomplice. 1866.Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years. Article 248 (Murder). 5207. Article 324 (Crimes Involving Destruction). Presidential Decree No. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters). in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment.

6. or the effects. any communication. form. and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed. to extend or renew the same. Accessory. and. and the written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided. natural. in order to prevent its discovery. listen to. (c) by harboring. the original application of the applicant.SEC.The written order granted by the authorizing division of the Court of Appeals as well as its order. and without having participated therein. (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence. conversations. 8. including his application to extend or renew. a police or law enforcement official and the members of his team may.Any person who. or relatives by affinity within the same degrees. with the single exception of accessories falling within the provisions of subparagraph (a). will be obtained.The written order of the authorizing division of the Court of Appeals to track down. message. or assisting in the escape of the principal or conspirator of the crime. the legality of the interference before the Court of Appeals which issued the . either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code. or to the solution or prevention of. the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge. if any. or instruments thereof. descendants. messages. messages. . if any. takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime. . papers. Formal Application for Judicial Authorization. having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. letters. Classification and Contents of the Order of the Court. listen to. . discussions. which is essential to the conviction of any charged or suspected person for. discussions. 7. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding. concealing. listened to. intercept and record. That surveillance. or is being committed. or spoken or written words between members of a judicially declared and outlawed terrorist organization. association. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. or is about to be committed. SEC. interception and recording of communications between lawyers and clients. SEC. or with the use of any other suitable ways and means for that purpose. doctors and patients. and record communications. Notwithstanding the above paragraph. upon a written order of the Court of Appeals. spoken or written words and effects have been monitored. and adopted brothers and sisters. -The provisions of Republic Act No. SEC. tap. Provided. if he or she intends to do so. any such crimes. (c) that there is no other effective means readily available for acquiring such evidence. Surveillance of Suspects and Interception and Recording of Communications. shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. 9. conversation. conversations. journalists and their sources and confidential business correspondence shall not be authorized. (b) by concealing or destroying the body of the crime. That the person being surveilled or whose communications. legitimate. with the use of any mode. intercept. ascendants. or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. discussion.

SEC. and the police or law enforcement organization) of the police or of the law enforcement official. which shall not exceed thirty (30) days from the expiration of the original period: Provided. Effective Period of Judicial Authorization. That the ex parte application for extension or renewal. or being committed. listened to. including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith. intercepted. within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals. or telephonic (whether wireless or otherwise) communications. (b) the identity (name. listen to. such person shall be subject to continuous surveillance provided there is a reasonable ground to do so. listened to. discussions. or sought to be prevented. and recorded and their locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known. if known. without prejudice to the liability of the police or law enforcement personnel under Section 20 hereof. interception and recording of the termination of the said surveillance. That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided. conversations. further. and. 11. If no case is filed within the thirty (30)-day period. discs. and recorded and. The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible period. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal. (d) the length of time within which the authorization shall be used or carried out. which must be filed by the original applicant. shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals. such as name and address. The written order of the authorizing division of the Court of Appeals shall specify the following: (a) the identity. (c) the offense or offenses committed. pursuant to Section 9(d) of this Act. messages. or spoken or written words. including the individual identity (names. in the case of radio. be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or . address. electronic. and recordings made pursuant to the authorization of the authorizing division of the Court of Appeals. interception and recording. of the charged or suspected person whose communications. which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. intercepted.written order. has been duly authorized in writing by the Anti-Terrorism Council. That. or spoken or written words. the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act. 10. tapped.Any authorization granted by the authorizing division of the Court of Appeals. interception and recording as specified above. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person subject of the surveillance. discussions. discussions. . the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided. the applicant police or law enforcement official shall immediately notify the person subject of the surveillance. intercept. conversations. Custody of Intercepted and Recorded Communications.All tapes. and the police or law enforcement organization) of the members of his team. tap. SEC. shall. monitoring. tapped. . or spoken or written words are to be tracked down. addresses. messages. judicially authorized to track down. and record the communications. messages. the electronic transmission systems or the telephone numbers to be tracked down. conversations.

incinerate. SEC. if made.sealed package. the one next in rank to the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals shall execute with the members of the team that required affidavit. The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any of such tapes. discs. -The sealed envelope or sealed package and the contents thereof. as the case may be. incinerates. have been made. and the sealed envelope or sealed package shall not be opened and its contents (including the tapes. written notes. It shall be unlawful for any person. discs. written notes or memoranda to copy in whatever form. if any. Disposition of Deposited Material. expunges. which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application with proper written notice the person whose . discs. shall be deemed and are hereby declared classified information. tapping. and recordings. replayed. (c) the number of tapes. and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team. to remove. discs. SEC. as well as the number of excerpts and summaries thereof and the number of written notes and memoranda. as the case may be. discs. shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. discs and recording. deposited with the authorizing division of the Court of Appeals. and recordings. police officer or any custodian of the tapes. that all such duplicates and copies are included in the sealed envelope or sealed package. Any person who removes. intercepting. police or law enforcement officer who violates any of the acts prescribed in the preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of imprisonment. and (d) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the tracking down. which are deposited with the authorizing division of the Court of Appeals. (b) the dates and times covered by each of such tapes. Any person. as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit. made in connection therewith. as well as the date of any extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals. and recording. .The joint affidavit of the police or of the law enforcement official and the individual members of his team shall state: (a) the number of tapes. and that no duplicates or copies of the whole or any part of any of such excerpts. revealed. It shall be unlawful for any person. or used as evidence unless authorized by written order of the authorizing division of the Court of Appeals. and memoranda. and recordings. and recordings and all the excerpts and summaries thereof and the notes and memoranda made in connection therewith) shall not be divulged. 13. shreds or destroys the items enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment. In case of death of the applicant or in case he is physically disabled to execute the required affidavit. and recordings that have been made. expunge. Contents of Joint Affidavit. deletes. or. summaries. read. delete. police or law enforcement official to omit or exclude from the joint affidavit any item or portion thereof mentioned in this Section. and their excerpts and summaries. 12.

listens to. conversations. discussion. divulge. conversations. (b) for revealing or disclosing its classified contents. association. Evidentiary Value of Deposited Materials.Any organization. intercept. communication. 17. quasi-judicial. law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance as defined above shall suffer the penalty of six years and one day to eight years of imprisonment. . and use the contents of the sealed envelope or sealed package as evidence. In addition to the liability attaching to the offender for the commission of any other offense. messages. message discussion or spoken or written words have been the subject of surveillance. Association. 14.conversation. Any person. including their existence. discussion. shall absolutely not be admissible and usable as evidence against anybody in any judicial. law enforcement official or judicial authority who violates his duty to notify as defined above shall suffer the penalty of six years and one day to eight years of imprisonment. which have been secured in violation of the pertinent provisions of this Act.The written application with notice to the party concerned to open the deposited sealed envelope or sealed package shall clearly state the purpose or reason: (a) for opening the sealed envelope or sealed package. discussions. . conversation. or which. or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith). tracks down. tap. although not organized for that purpose. substance. divulging. or meaning. . recording and interception to open. [ and. effect. conversations. intercepts. taps. and records in whatever manner or form any communication. the party aggrieved by such authorization shall be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization. or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith) as evidence. SEC. legislative. and recorded communications. That notwithstanding Section 13 of this Act. SEC. conversation. Application to Open Deposited Sealed Envelope or Sealed Package. or spoken or written words. content. inquiry. and recorded communications. SEC. or any information or fact contained therein. discussions. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the accessory penalty of perpetual absolute disqualification from public office shall be imposed upon any police or law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track down. intercepted. or Group of Persons. (c) for replaying. or spoken or written word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. and record in whatever manner or form any communication. and or reading any of the listened to. Proscription of Terrorist Organizations. message. or spoken or written words of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism: Provided. messages. not being authorized to do so by the authorizing division of the Court of Appeals. or administrative investigation. intercepted. and recorded communications. messages. actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the . 15. proceeding. or hearing. discussions. purport. (d) for using any of said listened to. or any part or parts thereof. reveal. monitoring. .Any listened to. 16. message. SEC.Any police or law enforcement personnel who. listen to. or group of persons organized for the purpose of engaging in terrorism. Any person. intercepted.

That within three days after the detention the suspects. detained. 18. and taken into custody by the said police. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall. That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. however. to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided . The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided. holidays or after office hours. moral or psychological torture by whom and why. whose connection with the terror attack or threat is not established. The police or law enforcement personnel concerned shall. . provincial or regional official of a Human Rights Commission or judge of the municipal.The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding. . 19. deliver said charged or suspected person to the proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested. association. suspects may not be detained for more than three days without the written approval of a municipal. present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. upon application of the Department of Justice before a competent Regional Trial Court. Period of Detention Without Judicial Warrant of Arrest. . regional trial court. SEC. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph. who. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Sundays.populace in order to coerce the government to give in to an unlawful demand shall. any police or law enforcement personnel. Sundays. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. or law enforcement personnel: Provided. It shall be the duty of the judge. city. holidays or after office hours.In the event of an actual or imminent terrorist attack. be declared as a terrorist and outlawed organization. to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her. shall be released immediately. SEC. If the arrest is made during Saturdays. association. among other things. or group of persons by the said Regional Trial Court. with due notice and opportunity to be heard given to the organization. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. before detaining the person suspected of the crime of terrorism. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. or group of persons concerned.That where the arrest is made during Saturdays.

to remain silent and to have competent and independent counsel preferably of his choice.The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested. SEC. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. 21. description. he shall forthwith be informed. (c) the name and address of the physician or physicians who examined him physically and medically. (k) the date and time of each of such visits. by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought. (d) the state of his health and physical condition at the time of his initial admission for custodial detention. SEC. the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO).SEC. (f) the date and time of his return to his cell. Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified. of his or her right: (a) to be informed of the nature and cause of his arrest.The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained. (e) the date and time of each removal of the detained person from his cell for interrogation or for any purpose. who visit the detained person. (d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them. If the person cannot afford the services of counsel of his or her choice. 22. It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. (b) informed of the cause or causes of his detention in the presence of his legal counsel. The logbook shall contain a clear and concise record of: (a) the name. (j) the names and addresses of persons. . (g) the name and address of the physician or physicians who physically and medically examined him after each interrogation. the same penalty shall be imposed on the police officer or hear or leader of the law enforcement unit having custody of the detainee at the time the violation was done.The police or other law enforcement custodial unit in whose care and control the person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been placed under custodial arrest and detention shall keep a securely and orderly maintained official logbook. Penalty for Violation of the Rights of a Detainee. detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days. (i) the names and addresses of his family members and nearest relatives. Rights of a Person under Custodial Detention. Requirement for an Official Custodial Logbook and its Contents. (c) allowed to communicate freely with his legal counsel and to confer with them at any time without restriction. and. (1) the date and . which is hereby declared as a public document and opened to and made available for . 20. These rights cannot be waived except in writing and in the presence of the counsel of choice. . if any and if available. (h) a summary of the physical and medical findings on the detained person after each of such interrogation. (b) the date and exact time of his initial admission for custodial arrest and detention. (e) allowed freely to avail of the service of a physician or physicians of choice. .Any police or law enforcement personnel. or any personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. and address of the detained person. . SEC. 23.the inspection and scrutiny of the lawyer or lawyers of the person under custody or any member of his or her family or relative by consanguinity or affinity within the fourth civil degree or his or her physician at any time of the day or night without any form of restriction.

shall be deemed a violation of the terms and conditions of his bail.Any person or persons who use threat.No threat. or psychological pressure. notarial fees. shall be. When death or serious permanent disability of said detained person occurs as a consequence of the use of such threat. or mental. or as a consequence of the infliction on him of such mental. legislative. or who inflict physical pain or torment. or hearing. or psychological pressure. in its entirety. inquiry. . . or administrative investigation. intimidation. The police or other law enforcement custodial unit who fails to comply with the preceding paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 24. Travel outside of said municipality or city. absolutely not admissible and usable as evidence in any judicial. Restriction on Travel. SEC. or psychological pressure. (n) all other important events bearing on and all relevant details regarding the treatment of the detained person while under custodial arrest and detention. or psychological pressure. SEC. He/she may also be placed under house arrest by order of the court at his or her usual place of residence. and. moral. otherwise. The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer or lawyers or members of the family or relatives within the fourth civil degree of consanguinity or affinity of the person under custody or his or her physician issue a certified true copy of the entries of the logbook relative to the concerned detained person without delay or restriction or requiring any fees whatsoever including documentary stamp tax. .In cases where evidence of guilt is not strong. intimidation. in the interest of national security and public safety. which shall vitiate the free-will of a charged or suspected person under investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment. No Torture or Coercion in Investigation and Interrogation. 25. Penalty for Threat. moral. proceeding. 26. or coercion. moral. (m) the date and time of each visit. the evidence obtained from said detained person resulting from such threat. moral. Section 6 of the Constitution. Coercion. This certified true copy may be attested by the person who has custody of the logbook or who allowed the party concerned to scrutinize it at the time the demand for the certified true copy is made. or coercion. on the detained person. intimidation. or from such inflicted physical pain or torment. quasi-judicial. shall be employed in his investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism. upon application by the prosecutor. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. without the authorization of the court. the court. or as a consequence of the infliction on him of such physical pain or torment. and the like.time of each request of the detained person to communicate and confer with his legal counsel or counsels. which shall then be forfeited as provided under the Rules of Court. the penalty shall be twelve (12) years and one day to twenty (20) years of imprisonment. or Torture in the Investigation and Interrogation of a Detained Person. and no act which will inflict any form of physical pain or torment. or mental. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. intimidation. Intimidation. consistent with Article III. which shall vitiate his freewill. or coercion. or coercion. . and date and time of each departure of his legal counsel or counsels. or mental.

conspiracy to commit terrorism. trust accounts. or group of persons. and the gathering of any relevant information about the same from said bank or financial institution. frozen. That the person whose bank deposits. assets. or group of persons. and Records. computers.The written order of the Court of Appeals authorizing the examination of bank deposits. when so. to extend or renew the same. placements. e-mails. Application to Examine Bank Deposits. and upon examination under oath or affirmation of the applicant and. cellphones. 28. 1405 as amended. or group of persons in a bank or financial institution. including his ex parte application to extend or renew. the deposits. and Records. association. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. 27. the legality of the interference. and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. shall not refuse to allow such examination or to provide the desired information. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. or (3) of any member of such organization. 29. trust accounts. Accounts. Judicial Authorization Required to Examine Bank Deposits. Accounts. association. ordered by and served with the written order of the Court of Appeals. trust accounts. . (2) of any judicially declared and outlawed terrorist organization. (2) of a judicially declared and outlawed terrorist organization. and records have been examined. (2) of a judicially declared and outlawed terrorist organization. or group of persons. assets.The written order granted by the authorizing division of the Court of Appeals as well as its order. and records from a bank or financial institution. . Accounts. association. and (3) of a member of such judicially declared and outlawed organization. The written order of the authorizing division of the Court of Appeals designated to handle cases involving terrorism shall specify: (a) the identify of the said: (1) person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. and the written authorizations of the Anti-Terrorism Council. or (3) of any member of such organization. and Records. assets. placements. SEC. (2) judicially declared and outlawed terrorist . association. if any. SEC. trust accounts. trust accounts. placements. placements. association or group of persons. placements.While under house arrest. shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application. assets. if any. Classification and Contents of the Court Order Authorizing the Examination of Bank Deposits. sequestered and seized by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge. association.The provisions of Republic Act No. if he or she intends to do so. shall be deemed and are hereby declared as classified information: Provided. . and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. The bank or financial institution concerned. he or she may not use telephones. to the contrary notwithstanding. and (b) gather or cause the gathering of any relevant information about such deposits. assets and records in a bank or financial institution. or group of persons. or cause the examination of. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. the original ex parte application of the applicant. SEC. the internet or other means of communications with people outside the residence until otherwise ordered by the court.

All information. or group of persons. placements. trust accounts. the one next in rank to the original applicant among the members of the ream named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided. (d) the length of time the authorization shall be carried out. or group of persons shall. placements. has been duly authorized in writing by the Anti-Terrorism Council. or to gather information about the same. which must be filed by the original applicant.The authorization issued or granted by the authorizing division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits. 31. placements. trust accounts. Custody of Bank Data and Information Obtained after Examination of Deposits. trust accounts. and Records. That the application for extension or renewal. without prejudice to the liability of the police or law enforcement personnel under Section 19 hereof. assets and records. . (c) the identity of the persons who will conduct the said examination and the gathering of the desired information. memoranda. shall be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals. (2) a judicially declared and outlawed terrorist organization. the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act. as the case may be. (b) the identity of the bank or financial Institution where such deposits. That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and. or (3) a member of any such organization. placements. which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. or group of persons. and. placements. association. and other documents obtained from the examination of the bank deposits. trust accounts. Provided. or group of persons. Assets and Records. If no case is filed within the thirty (30)-day period. association. and (3) member of such judicially declared and outlawed organization. within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of the extension or renewal granted by the . data. whose deposits. notes. trust accounts. and records. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal. reports. summaries. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits. further. trust accounts. That. and records are held and maintained. 30. assets. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits.organization. association. assets and records. law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment. assets and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. and records are to be examined or the information to be gathered. SEC. . Any person. working sheets. assets. association. Trust Accounts. excerpts. Placements. placements. Accounts. which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period: Provided. assets. SEC. The authorizing division of the Court of Appeals may extend or renew the said authorization for another period. the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits.

documents. . which are deposited with the authorizing division of the Court of Appeals. to remove. trust accounts. expunges. trust accounts. assets. with notice in writing to the party concerned not later than three days of the scheduled opening. trust accounts. trust accounts. assets and records. divulge. Application to Open Deposited Bank Materials. shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. . that all such duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals. placements. reports. trust accounts. placements. placements. excerpts. assets and records. 32. placements. removes. law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six years and one day to eight years of imprisonment.The sealed envelope or sealed package and the contents thereof. incinerate. and records discovered. (e) all information. The joint affidavit shall also certify under oath that no duplicates or copies of the information. and use the contents of the sealed envelope or sealed package as evidence. examined. notes. shall be deemed and are hereby declared classified information and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged. data. and (g) that the items Enumerated were all that were found in the bank or financial institution examined at the time of the completion of the examination. police officer or custodian of the bank data and information obtained after examination of deposits. and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits. reveal. numbers. placements. to open the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed . expunge. to open. as well as the date of any extension or renewal of the original written authorization granted by the authorizing division of the Court of Appeals. Disposition of Bank Materials. read. (b) the identity and address of the bank or financial institution where such deposits. assets and records to copy. data. working sheets. assets. incinerates. deletes.The written application. and records are held and maintained. placements. summaries. SEC. placements. excerpts. trust accounts. and documents acquired from the examination of the bank deposits. if made. assets and records have been made.authorizing division of the Court of Appeals. placements. or. reports. Any person who copies. trust accounts. and frozen. It shall be unlawful for any person. (f) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte Application to conduct the examination of the said bank deposits. delete. SEC. Contents of Joint Affidavit. Any person. as the case may be. (d) the outstanding balances of each of such deposits. summaries. trust accounts. or symbols of the deposits. or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals. shreds or destroys the items enumerated above shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment. 33. . assets. 34. with notice in writing to the party concerned not later than three days before the scheduled opening. memoranda. memoranda.The joint affidavit shall state: (a) the identifying marks. assets. working sheets. records examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals. notes. which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application. (c) the number of bank deposits. be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package. SEC. and records examined. revealed.

SEC. memoranda. quasi-judicial. notes. or group of persons in said bank or financial institution. placements. 35. memoranda. Evidentiary Value of Deposited Bank Materials. association. data. placements. without being authorized to do so by the Court of Appeals. or administrative investigation. trust accounts. or (3) a member of such organization. association. excerpts. 38. or (3) a member of such organization. official. moneys.An employee. association. SEC. assets.Any information.The deposits and their outstanding balances. proceeding. shall absolutely not be admissible and usable as evidence against anybody in any judicial. or (3) a member of such organization. 37.Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment. . and records in any bank or financial institution. the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel. . inquiry. . Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. assets and records of: (1) a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. excerpts. notes. when duly served with the written order of the authorizing division of the Court of Appeals. which have been secured in violation of the provisions of this Act. or group of persons. trust accounts. Penalty of Bank Officials and Employees Defying a Court Authorization. 36. work sheets. association. or group of persons. the party aggrieved by such authorization shall upon motion duly filed be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization. who maliciously obtained an authority from the Court of Appeals to examine the deposits. or documents acquired from the examination of the bank deposits. working sheets. or (3) a member of such judicially declared and outlawed organization. or a member of the board of directors of a bank or financial institution. trust accounts. 39. (2) a judicially declared and outlawed organization. (2) a judicially declared and outlawed terrorist organization. Seizure and Sequestration. placements. placements. assets. or group of persons. (c) for using the classified information. data. or group of persons. (2) a judicially declared and outlawed terrorist organization. summaries. summaries. association. . trust accounts. SEC. association. businesses. . (2) a judicially declared and outlawed terrorist organization. reports. That notwithstanding Section 33 of this Act. . SEC.Any person. or group of persons: Provided. placements. assets. association. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. trust accounts. SEC. or group of persons. In addition to the liability attaching to the offender for the commission of any other offense. (b) for revealing and disclosing its classified contents.envelope or sealed package. police or law enforcement personnel who examines the deposits. and. or group of persons. association. who refuses to allow the examination of the deposits. and documents as evidence. or hearing. or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. reports. legislative. and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. assets.

The filing of any appeal on motion for reconsideration shall not state the release of said funds from seizure. sequestered and frozen bank deposits. Upon his or her acquittal or the dismissal of the charges against him or her. Assets and Records. as the case may be and their use or disposition while the case is pending shall be subject to the approval of the court before which the case or cases are pending. as the case may be. Placements. Placements. placements. placements.The seized. or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State. assets and records shall be deemed released from such seizure. The amount shall be taken . The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly needs of his family including the services of his or her counsel and his or her family's medical needs upon approval of the court. placements. trust accounts. sequestration and freezing. SEC. sequestered or frozen for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to commit terrorism to withdraw such sums from sequestered or frozen deposits. Trust Accounts. He or she may also use any of his property that is under seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the court for any legitimate reason. the amount of Five hundred thousand pesos (P500. If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent trial court.000. placements. Trust Accounts. or group of persons. Nature of Seized. and his bank deposits. transfer. trust accounts. assets and records as may be necessary for the regular sustenance of his/her family or to use any of his/her property that has been seized. and frozen in order to prevent their use. after his arraignment or his case is dismissed before his arraignment by a competent court.transportation and communication equipment.00) a day for the period in which his properties. sequestered and frozen bank deposits. placements. 41. trust accounts. association. . the seizure. Sequestered and Frozen Bank Deposits. after his investigation. or group of persons shall be seized. sequestered. assets and records shall be automatically forfeited in favor of the government. assets and records shall forthwith be deemed lifted by the investigating body or by the competent court. association. sequestration and freezing. trust accounts. and shall be restored to him without any delay by the bank or financial institution concerned without any further action on his part. and property of whatever kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism. to be innocent by the investigating body. supplies and other implements.If the person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism is found. 40. Assets and Record. (2) to a judicially declared and outlawed organization. SEC. Sequestered and Frozen Bank Deposits. Disposition of the Seized. sequestration and freezing of his bank deposits. trust accounts. assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or financial institution for such person and the government during the pendency of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of the said crimes. assets or funds were seized shall be paid to him on the concept of liquidated damages. his seized. or (3) to a member of such organization. . or is acquitted.

Any person who unjustifiably refuses to restore or delays the restoration of seized. sequestered and frozen bank deposits. 44. 43. Sequestered and Frozen Bank Deposits. Trust Accounts. or Spurious Evidence. SEC. the acquittal . 42. Continuous Trial. placements. Placements. . Misuse. 49. Sequestered and Frozen Bank Deposits. trust accounts. Security and Benefits Act) to the contrary notwithstanding. if the detained person has already been convicted and sentenced in a final judgment of a competent court. Assets and Records. assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act. however. Immunity and Protection of Government Witnesses. Penalty for Unauthorized Revelation of Classified Materials. . if the detained person has not been convicted and sentenced in a final judgment of a competent court. SEC. reveals in any manner or form any classified information under this Act. sequestered and frozen bank deposits. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any Special Penal Laws. Diversion or Dissipation of Seized. SEC. diversion. Forged Document. 48. Trust Accounts.from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him/her. judicial officer or civil servant who. Placements. forged document or spurious evidence in any investigation or hearing under this Act. 47. police or law enforcement agent. SEC. SEC. The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly furnishes false testimony. Penalty for Furnishing False Evidence. SEC. the immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided. Penalty for the Loss. 45.Any person who is responsible for the loss. Infidelity in the Custody of Detained Persons.6981. not being authorized by the Court of Appeals to do so. . placements. SEC. misconduct. SEC. the judge shall set the continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial. . 46. misuse. or dissipation of the whole or any part of the seized.In cases of terrorism or conspiracy to commit terrorism. 6981 (Witness Protection. trust accounts. upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge. . or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment.When a person has been prosecuted under a provision of this Act. and (b) six years and one day to twelve (12) years of imprisonment. assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after such suspected person has been found innocent by the investigating body or after the case against such charged person has been dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No. .The provisions of Republic Act No. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized. Assets and Records. .The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person.

Duty to Record and Report the Name and Address of the Informant. 53. (4) the Secretary of National Defense. The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the anti-terrorism policy of the country. (5) the Secretary of the Interior and Local Government.Upon acquittal. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. and (3) the Secretary of Foreign Affairs.of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under this Act. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. SEC. The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed until after the proceedings against the suspect shall have been terminated.An Anti-Terrorism Council. SEC. who shall be its Chairperson. or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six months of imprisonment.The police or law enforcement officers to whom the name or a suspect in the crime of terrorism was first revealed shall record the real name and the specific address of the informant. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned. Any officer. .00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. 51. The police or law enforcement officials concerned shall report the informant's name and address to their superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within five days after the suspect was placed under arrest or his properties were sequestered. hereinafter referred to. as its other members. SEC. It shall also be released within fifteen (15) days from the date of the acquittal of the accused.000. Applicability of the Revised Penal Code. who shall be its Vice Chairperson. employee. The members of the Council are: (1) the Executive Secretary. . the amount needed to complete the compensation shall be taken from the current appropriations for intelligence. Anti-Terrorism Council. personnel. The Council shall keep records of its proceedings and decisions. All records of the Council shall be subject to such security classifications . social or other funds of the Office of the President. the amount shall be automatically included in the appropriations of the said agency for the coming year. and (7) the National Security Advisor. (6) the Secretary of Finance. for brevity. Damages for Unproven Charge of Terrorism.The provisions of Book I of the Revised Penal Code shall be applicable to this Act. seized or frozen. SEC. as the "Council. 50. . If the deductions are less than the amounts due to the detained persons. ." is hereby created. (2) the Secretary of Justice. 52. emergency.

and the welfare of the nation. 3. The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall formulate and adopt comprehensive. pursuant to Republic Act No. 9160. the Bureau of Immigration. placements. and 8. in its judgment and discretion. Establish and maintain comprehensive data-base information system on terrorism. arrest. trust accounts. efficient. prosecution. the Philippine Center on Transnational Crime. terrorist activities. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism prescribed in this Act. The Council shall define the powers. the Council shall have the following functions with due regard for the rights of the people as mandated by the Constitution and pertinent laws: 1. Formulate and adopt plans.as the Council may. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension.In pursuit of its mandate in the previous Section. the Intelligence Service of the Armed Forces of the Philippines. adequate. 6. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism. programs. and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. and effective antiterrorism plans. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority. Freeze the funds property. detention. . (b) from . 2. the AntiMoney Laundering Council. as the case may be. and functions of the National Intelligence Coordinating Agency as Secretariat of the Council. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial Courts in Manila. Cebu City and Cagayan de Oro City. and the Philippine National Police intelligence and investigative elements shall serve as support agencies for the Council. 7. and conviction of person or persons who are liable for the crime of terrorism or conspiracy to commit terrorism. The National Bureau of Investigation. the security of the Republic. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in Manila. 5. duties. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act. assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism. programs and counter-measures against terrorists and acts of terrorism in the country. the Office of Civil Defense. Functions of the Council. bank deposits. decide to adopt to safeguard the safety of the people. 54. SEC. otherwise known as the Anti-Money Laundering Act of 2001. 4. to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. and monitor the progress of their cases. as amended. and counter-terrorism operations.

There is hereby created a Joint Oversight Committee to oversee the implementation of this Act. or diplomatic premises belonging to or occupied by the Philippine government in an official capacity. although physically outside the territorial limits of the Philippines. Unless seasonably disowned or denounced by the complainants. as chair. and (6) to individual persons who. the Commission shall have the concurrent jurisdiction to prosecute public officials. and right to counsel. and an undersecretary from the Department of Justice (DOJ). where their citizenship or ethnicity was a factor in the commission of the crime. SEC. 56. Role of the Commission on Human Rights. commit. If the evidence warrants it.The Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act. consulate.No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and unless his or her human rights. . 57. (5) to individual persons who. interior waters. commit said crimes against Philippine citizens or persons of Philippines descent. investigating and evaluating complaints against the police and other law enforcement officers in the implementation of this Act. The three subcommittees shall assist the Grievance Committee in receiving. and (c) from Mindanao to handle cases filed in Cagayan de Oro City. SEC. are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice. Three Assistant Solicitors General designated by the Solicitor General. SEC. maritime zone. commit said crimes directly against the Philippine government. . decisions or judgments in the said cases shall preclude the filing of other cases based on the same cause or causes of action as those that were filed with the Grievance Committee or its branches. and other persons who may have violated the civil and political rights of persons suspected of. . Joint Oversight Committee. or detained for the crime of terrorism or conspiracy to commit terrorism. 59. . The Committee shall hold office in Manila. conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines. (4) to individual persons who commit any of said crimes within any embassy. . and airspace of the Philippines.Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application. law enforcers. The Committee shall have three subcommittees that will be respectively headed by the Deputy Ombudsmen in Luzon. including the right against torture.There is hereby created a Grievance Committee composed of the Ombudsman. they may file the appropriate cases against the erring police and law enforcement officers. although physically outside the territorial limits of the Philippines. 55. (3) to individual persons who. The subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. SEC. The Oversight Committee shall be composed of five members each from the Senate and the House in addition to the Chairs of the Committees of Public Order of both Houses who shall also Chair the Oversight Committee in the order specified herein. SEC. and the Solicitor General. commit any of the said crimes on board Philippine ship or Philippine airship. the Visayas and Mindanao. although physically outside the territorial limits of the Philippines. Creation of a Grievance Committee. although physically outside the territorial limits of the Philippines. 58. the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain.the Visayas to handle cases filed in Cebu City. (2) to individual persons who. and the regional prosecutors of the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. . to receive and evaluate complaints against the actuations of the police and law enforcement officials in the implementation of this Act. Ban on Extraordinary Rendition. and for this purpose. Extra-Territorial Application of this Act. as members.

In every case. and in five radio and television networks. Separability Clause. The Chair of the Committee shall rotate every six months with the Senate chairing it for the first six months and the House for the next six months. 62. the provisions of this Act shall be automatically suspended one month before and two months as after the holding of any election. or modified accordingly. provide a sunset clause to or amend any portion of the Act or to repeal the Act in its entirety. one each in Lanao del Sur. After the publication required above shall have been done. the Act shall take effect two months after the elections are held in May 2007. three newspapers of local circulation. .The membership of the Committee for every House shall at least have two opposition or minority members. Repealing Clause. the Act shall be published in three newspapers of national circulation. . inconsistent with the provisions of this Act are hereby repealed. . rules or regulations or parts thereof.All laws. Thereafter. one each in Cagayan de Oro. Special Effectivity Clause. SEC. Upon the expiration of one year after this Act is approved by the President. conversations and the like were listened to or subjected to monitoring. . SEC. one each in llocos Norte. Without prejudice to its submitting other reports. the ranking opposition or minority member of the Committee shall be the Vice Chair. noon and night over three national television and radio networks. and three newspapers of local circulation. the Committee shall summon the police and law enforcement officers and the members of the AntiTerrorism Council and require them to answer questions from the members of Congress and to submit a written report of the acts they have done in the implementation of the law including the manner in which the persons suspected of or charged with the crime of terrorism have been dealt with in their custody and from the date when the movements of the latter were subjected to surveillance and his or her correspondences. 61. decrees. The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired everyday at primetime for seven days. The publication in the newspapers of local circulation and the announcements over local radio and television networks shall be done in the dominant language of the community. lloilo and Tacloban. The courts dealing with anti-terrorism cases shall submit to Congress and the President a report every six months of the status of anti-terrorism cases that have been filed with them starting from the date this Act is implemented. Baguio City and Pampanga. Davao City. the Committee shall review the Act particularly the provision that authorize the surveillance of suspects of or persons charged with the crime of terrorism. Approved. SEC. executive orders. Tacloban and lloilo. three radio and television networks. Cotabato City and Zamboanga City. To that end.If for any reason any part or provision of this Act is declared unconstitutional or invalid. The report may include where necessary a recommendation to reassess the effects of globalization on terrorist activities on the people. the Committee shall render a semiannual report to both Houses of Congress. 60. morning. messages. one each in Cebu. Cagayan de Oro. recording and tapping. one each in Cebu. The Joint Oversight Committee shall have its own independent counsel.After the bill shall have been signed into law by the President. three newspapers of local circulation. Davao and General Santos city. amended. the other parts or provisions hereof which are not affected thereby shall remain and continue to be in full force and effect.

respectively. liberty. 2007. YABES Secretary of Senate Approved: MARCH 06. REPUBLIC ACT NO. recognizes and adheres to international commitments to combat the financing of terrorism. two thousand eleven. Section 2. likewise.JOSE DE VENECIA JR. Speaker of the House of Representatives MANNY VILLAR President of the Senate This Act which is a consolidation of Senate Bill No. 4839 was finally passed by the Senate and the House of Representatives on February 8. NAZARENO Secretary General House of Represenatives OSCAR G. Short Title. The State. 2007 GLORIA MACAPAGAL-ARROYO President of the Philippines Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fifteenth Congress Second Regular Session Begun and held in Metro Manila. Declaration of Policy. 2137 and House Bill No. against humanity. 2012 AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM. the twenty-fifth day of July. PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. and against the law of nations. 2007 and February 19. and property from acts of terrorism and to condemn terrorism and those who support and finance it and to recognize it as inimical and dangerous to national security and the welfare of the people. – This Act shall be known as "The Terrorism Financing Prevention and Suppression Act of 2012?. and to make the financing of terrorism a crime against the Filipino people. ROBERTO P. specifically to the International Convention for the Suppression of the Financing of . – It is the policy of the State to protect life. 10168 June 20. on Monday.

or (3) any person. bank cheques. or 9 of this Act. . and legal documents or instruments in any form. (h) Property or funds refer to financial assets. association. evidencing title to. 7. 9160. as amended". bank credits. representing. and by preventing and suppressing the commission of said offenses through freezing and forfeiture of properties or funds while protecting human rights. (c) Covered institutions refer to or shall have the same meaning as defined under the AntiMoney Laundering Act (AMLA). as amended. or group of persons proscribed pursuant to Section 17 of the Human Security Act of 2007. concealing. acquisition. (d) Dealing. virtue of Republic Act No. organization. disposing or converting. transacting. or interest in. based on probable cause are subject to seizure and sequestration under Section 39 of the Human Security Act of 2007. otherwise known as the "Anti-Money Laundering Act of 2001. (f) Forfeiture refers to a court order transferring in favor of the government. 8. property of every kind. (g) Freeze refers to the blocking or restraining of specific property or funds from being transacted. bonds. and any interest. – As used in this Act: (a) Anti-Money Laundering Council (AMLC) refers to the Council created by virtue of Republic Act No. Section 3.Terrorism. moved or disposed without affecting the ownership thereof. drafts. ownership of property or funds representing. the State shall reinforce its fight against terrorism by criminalizing the financing of terrorism and related offenses. otherwise known as the "Human Security Act of 2007?. one who finances terrorism. securities. however acquired. but not limited to. or a terrorist organization or group under the applicable United Nations Security Council Resolution or by another jurisdiction or supranational jurisdiction. Toward this end. including electronic or digital. such funds or other assets. travellers cheques. or group of persons whose funds or property. as well as other binding terrorism-related resolutions of the United Nations Security Council pursuant to Chapter 7 of the Charter of the United Nations (UN). dividends or other income on or value accruing from or generated by such funds or other assets. whether tangible or intangible. involving. (b) Anti-Terrorism Council (ATC) refers to the Council created by. with regard to property or funds refers to receipt. or letters of credit. association. after due process. including. (2) any organization. Definition of Terms. shares. 9372. transferring or moving. money orders. movable or immovable. use as security of or providing financial services. 6. or relating to financing of terrorism as defined in Section 4 or an offense under Sections 5. converted. concealed. as amended. (e) Designated persons refers to: (1) any person or entity designated and/or identified as a terrorist.

(i) Terrorist refers to any natural person who: (1) commits. directly or indirectly. done at Rome on 10 March 1988. as a principal or as an accomplice. or to compel a government or an international organization to do or to abstain from doing any act. done at Rome on 10 March 1988 . (g) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. (3) Any act which constitutes an offense under this Act. or conspires to commit terrorist acts by any means. or to any other person not taking an active part in the hostilities in a situation of armed conflict. supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. in terrorist acts. (c) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons. adopted at Vienna on 3 March 1980 . (j) Terrorist acts refer to the following: (1) Any act in violation of Section 3 or Section 4 of the Human Security Act of 2007. adopted by the General Assembly of the United Nations on 14 December 1973. done at Montreal on 24 February 1988 . (h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf. by its nature or context. including Diplomatic Agents. (3) organizes or directs others to commit terrorist acts. done at The Hague on 16 December 1970 . adopted by the General Assembly of the United Nations on 17 December 1979. (b) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. or attempts. (2) Any other act intended to cause death or serious bodily injury to a civilian. or (4) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. or . (2) participates. when the purpose of such act. (d) International Convention against the Taking of Hostages. that is within the scope of any of the following treaties of which the Republic of the Philippines is a State party: (a) Convention for the Suppression of Unlawful Seizure of Aircraft. (f) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation. (e) Convention on the Physical Protection of Nuclear Material. is to intimidate a population. done at Montreal on 23 September 1971 . unlawfully and willfully.

or attempts to commit. or (4) contributes to the commission of terrorist acts by a group of persons acting with common purpose of furthering the terrorist act where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. For purposes of this Act. adopted by the General Assembly of the United Nations on 15 December 1997. (2) participates as an accomplice in terrorist acts. unlawfully and willfully. Financing of Terrorism. Any conspiracy to commit any crime under Section 4 or Section 8 of this Act shall be penalized by the same penalty prescribed for the commission of such crime under the said sections. – Any person who. not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 5 hereof. or (c) by an individual terrorist. directly or indirectly. . There is conspiracy to commit the offenses punishable under Sections 4 and 8 of this Act when two (2) or more persons come to an agreement concerning the commission of such offenses and decided to commit it.000. funds or financial service or other related services.000. by any means. Section 4. collects or uses property or funds or makes available property. with the unlawful and willful intention that they should be used or with the knowledge that they are to be used.000. Section 6. association or a group of persons refers to any entity owned or controlled by any terrorist or group of terrorists that: (1) commits. association or group. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and Dealing with Property or Funds of Designated Persons. terrorist acts by any means. (b) by a terrorist organization. (3) organizes or directs others to commit terrorist acts. – Any attempt to commit any crime under Section 4 or Section 8 under this Act shall be penalized by a penalty two degrees lower than that prescribed for the commission of the same as provided under this Act. willfully and without lawful excuse. knowledge or intent may be established by direct evidence or inferred from the attendant circumstances. directly or indirectly. Any person who organizes or directs others to commit financing of terrorism under the immediately preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein prescribed.00). For an act to constitute a crime under this Act. – Any person who.(i) International Convention for the Suppression of Terrorist Bombings. Section 5. provides. shall be guilty of the crime of financing of terrorism and shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500. (k) Terrorist organization. cooperates in the execution of either the crime of financing of terrorism or conspiracy to commit the crime of financing of terrorism by previous or simultaneous acts shall suffer the penalty one degree lower than that prescribed for the conspirator. possesses. Accomplice.00) nor more than One million pesos (Php1. in full or in part: (a) to carry out or facilitate the commission of any terrorist act. it shall not be necessary that the funds were actually used to carry out a crime referred to in Section 3(j).

concealing or assisting in the escape of a principal of the crime shall be guilty as an accessory to the crime of financing of terrorism and shall be imposed a penalty two degrees lower than that prescribed for principals in the crime of financing terrorism. in any way and by any means. takes part subsequent to its commission. 8791. the alien shall. who participated in. Authority to Freeze. – If the offender is a corporation. by profiting from it or by assisting the principal or principals to profit by the effects of the crime.000. association or group of persons. directly or indirectly. Republic Act No. association or group of persons. organization. or (ii) makes available any property or funds. otherwise known as the "Law on Secrecy of Bank Deposits". organization. otherwise known as "The General Banking Law of 2000? and other laws. in addition to the penalties herein prescribed. facilities and resources.00) nor more than One million pesos (Php1. 6426. agency or instrumentality of the government. as amended. Accessory. the commission of the crime or who shall have knowingly permitted or failed to prevent its commission. 1405. as the case may be. or participating in or facilitating the financing of terrorism or acts of terrorism as defined herein. department.Section 7. otherwise known as the "Foreign Currency Deposit Act of the Philippines". Corporate Body or Alien. The AMLC may also enlist the assistance of any branch. in relation to whom there is probable cause to believe that they are committing or attempting or conspiring to commit.00). bureau.000. is hereby authorized to investigate: (a) any property or funds that are in any way related to financing of terrorism or acts of terrorism. or association. Section 11. by a designated person. Section 9. either upon its own initiative or at the request of the ATC. or allowed by their gross negligence. organization. or group of persons. is hereby authorized to issue an ex parte order to freeze without delay: (a) property or funds that are in any way related to financing of terrorism or acts of terrorism. – The AMLC. association. or (b) property or funds of any person. – Any person who. group of persons. Section 8. the AMLC is hereby authorized to inquire into or examine deposits and investments with any banking institution or nonbank financial institution and their subsidiaries and affiliates without a court order. or . the penalty shall be imposed upon the responsible officers. or by harboring. (b) property or funds of any person or persons in relation to whom there is probable cause to believe that such person or persons are committing or attempting or conspiring to commit. or by concealing or destroying the effects of the crime in order to prevent its discovery. including government-owned and -controlled corporations in undertaking measures to counter the financing of terrorism. be deported without further proceedings after serving the penalties herein prescribed. Authority to Investigate Financing of Terrorism. which may include the use of its personnel. as amended. Republic Act No. Offense by a Juridical Person. office. For purposes of this section and notwithstanding the provisions of Republic Act No. with any property or fund that he knows or has reasonable ground to believe is owned or controlled by a designated person. partnership or any juridical person. either upon its own initiative or at the request of the ATC. association. the court may suspend or revoke its license. – The AMLC. If the offender is an alien. terrorist organization. If the offender is a juridical person. – Any person who. or financial services or other related services to a designated and/or identified person. shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500. not being an accomplice under Section 6 or accessory under Section 7 in relation to any property or fund: (i) deals directly or indirectly.000. Section 10. having knowledge of the commission of the crime of financing of terrorism but without having participated therein as a principal. including funds derived or generated from property or funds owned or controlled. Prohibition Against Dealing with Property or Funds of Designated Persons.

including Resolution No. group or any individual to comply with binding terrorism-related Resolutions. That the twenty-day period shall be tolled upon filing of a petition to extend the effectivity of the freeze order. – Notwithstanding the immediately preceding provision. – The Department of Foreign Affairs with respect to designation under Section 3 (e) (1) of this Act. 1373. thereby exempting the PAO from any liability. association. However. Exceptions for Investigative Requirements. The freeze order shall be effective for a period not exceeding twenty (20) days. Notwithstanding the preceding paragraphs. file with the Court of Appeals a petition to determine the basis of the freeze order according to the principle of effective judicial protection. During the effectivity of the freeze order. consistent with the Philippines ’ international obligations. Upon a petition filed by the AMLC before the expiration of the period. an aggrieved party may. the AMLC may decide to defer the issuance of a freeze order for as long as necessary for any specific investigative/prosecutorial purposes. – The person whose property or funds have been frozen under the first paragraph of Section 11 may withdraw such sums as the court determines to be reasonably needed for monthly family needs and sustenance including the services of counsel and the family medical needs of such person. unfreezing and exemptions for basic. of the UN Security Council pursuant to Article 41 of the Charter of the UN. Section 13. Each respective agency or authority shall ensure that information on procedures established in rules and regulations issued pursuant to this Act for delisting. Humanitarian Exemptions.participating in or facilitating the commission of financing of terrorism or acts of terrorism as defined herein. – Any appropriation and use of funds of PAO to provide free legal assistance or services to persons charged of the offenses defined and penalized herein shall not be construed as a violation of this Act. Section 15. said property or funds shall be the subject of civil forfeiture proceedings as hereinafter provided. if the property or funds subject of the freeze order under the immediately preceding paragraph are found to be in any way related to financing of terrorism or acts of terrorism committed within the jurisdiction of the Philippines . within twenty (20) days from issuance. and the ATC with respect to designation under Section 3 (e) (2) and (3) and Section 11 of this Act. necessary or extraordinary expenses shall likewise be made available in their respective website. Publication of Designation. Said freeze order shall be effective until the basis for the issuance thereof shall have been lifted. 1âwphi1 The person whose property or funds have been frozen under the third paragraph of Section 11 may withdraw such sums as the AMLC determines to be reasonably needed for monthly family needs including the services of counsel and the family medical needs of such person. shall publish a list of the designated persons to which this Act or the Human Security Act applies. . the effectivity of the freeze order may be extended up to a period not exceeding six (6) months upon order of the Court of Appeals: Provided. Section 14. Section 12. The concerned agencies shall ensure that an electronic version of the document is made available to the public on their respective website. the AMLC. shall be authorized to issue a freeze order with respect to property or funds of a designated organization. Appropriation and Use of Funds of Public Attorney’s Office (PAO).

its Revised Implementing Rules and Regulations and the Rules of Procedure promulgated by the Supreme Court. otherwise known as the "Anti-Money Laundering Act of 2001?. – The Philippines may. – Upon receipt of the notice of a freeze order.000. consulate. the Republic of the Philippines. without exception whatsoever and whether or not the offense was committed in the Philippines. the criminal provisions of this Act shall apply: (a) to individual persons who. as amended. although outside the territorial jurisdiction of the Philippines . the covered institutions and/or relevant government agencies shall immediately preserve the subject property or funds in accordance with the order of the AMLC and shall forthwith serve a copy of the notice of the freeze order upon the owner or holder of the property or funds.Section 16. where their citizenship or ethnicity was a factor in the commission of the crime. . The provisions of this Act shall likewise apply to a Filipino national who. Any responsible officer or other person who fails to comply with a freeze order shall suffer the penalty of imprisonment from six (6) months to four (4) years and a fine of not less than One hundred thousand pesos (Php100. Duty of the Covered Institutions and/or Relevant Government Agencies Upon Receipt of the Freeze Order. – The procedure for the civil forfeiture of property or funds found to be in any way related to financing of terrorism under Section 4 and other offenses punishable under Sections 5. and 7 of this Act shall be made in accordance with the AMLA. or diplomatic premises belonging to or occupied by the Philippine government in an official capacity.00) nor more than Five hundred thousand pesos (Php500. and (e) to individual persons who. (b) to individual persons who. – Financing of terrorism under Section 4 and offenses punishable under Sections 5. commit. consider the International Convention for the Suppression of the Financing of Terrorism as a legal basis for requesting or granting extradition in respect of the offenses set forth under this Act. conspire or plot to commit any of the crimes defined and punished in this Act. and 7 of this Act shall be predicate offenses to money laundering as defined in Republic Act No. commit any of the said crimes on board Philippine ship or Philippine airship. as amended. (d) to individual persons who. commit. – Subject to the provision of an existing treaty. Section 17.000. although physically outside the territorial limits of the Philippines. and subject to its suspicious transaction reporting requirement. commit said crimes directly against the Philippine government. 6. Section 20. without prejudice to the administrative sanctions that the AMLC may impose on the erring covered institution. Section 18. subject to the principle of reciprocity. In case of an alien whose extradition is requested pursuant to the International Convention for the Suppression of the Financing of Terrorism. and to any contrary provision of any law of preferential application. the courts of the Philippines shall have jurisdiction over the offense. although physically outside the territorial limits of the Philippines. at the discretion of the court. Civil Forfeiture. 9160. Predicate Offense to Money Laundering. in which case. Extra-Territorial Application of this Act. conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines. including the International Convention for the Suppression of the Financing of Terrorism of which the Philippines is a State Party. although physically outside the territorial limits of the Philippines. Extradition. (c) to individual persons who commit any of said crimes within any embassy. at its option. and that alien is not extradited to the requesting State. although physically outside the territorial limits of the Philippines. Section 19. 6. commit said crimes against Philippine citizens or persons of Philippine descent.00). shall submit the case without undue delay to the Department of Justice for the purpose of prosecution in the same manner as if the act constituting the offense had been committed in the Philippines.

delisting. the AMLC. 5015 was finally passed by the Senate and the House of Representatives on June 6. definition of probable cause. – The provisions of Book I of the Revised Penal Code shall apply suppletorily to this Act. executive orders.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. any provision of this Act is declared invalid or unconstitutional. but not limited to. designation. Repealing Clause. Speaker of the House of Representatives (Sgd.Section 21.) FELICIANO BELMONTE JR. 2012 . Separability Clause. decrees. The rules and regulations to be promulgated may include. AQUINO III President of the Philippines MALACAÑANG Manila PRESIDENTIAL DECREE No. 115 January 29. matters of evidence. administrative offenses and penalties. procedures and forms. 3127 and House Bill No. BARUA-YAP Secretary General House of Representatives (Sgd. necessary and extraordinary expenses.) BENIGNO S. Implementing Rules and Regulations. publication of relevant information. Section 22. – If. Section 24. for any reason. which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Effectivity Clause. and other mechanisms for implementation of the Act. Applicability of the Revised Penal Code. Approved. . and other issuances. in coordination with relevant government agencies. or parts thereof.) EMMA LIRIO-REYES Secretary of Senate Approved: (Sgd. exceptions for basic. proclamations. rules and regulations. Section 25. the remaining provisions not affected thereby shall continue to be in force and effect. shall promulgate rules and regulations to implement effectively the provisions of this Act. Section 23. (Sgd. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. (Sgd. 1973 .Within thirty (30) days from the effectivity of this Act. – All laws. notification of matters of interest of persons affected by the Act.) MARILYN B. inter-agency coordination.

THEREFORE. the term (a) "Document" shall mean written or printed evidence of title to goods. documents or instruments released under trust receipts as a criminal offense punishable under Article Three hundred and fifteen of the Revised Penal Code. As used in this Decree. (b) to provide for the regulation of trust receipts transactions in order to assure the protection of the rights and enforcement of obligations of the parties involved therein. documents. WHEREAS. the enactment of a law regulating the trust receipt transactions. and General Order No. dated September 21. . or things so affixed to land as to become a part thereof. Section 2. 1. FERDINAND E. (b) "Entrustee" shall refer to the person having or taking possession of goods. and any successor in interest of such person for the purpose or purposes specified in the trust receipt agreement. 1081. Section 3. the recommendations contained in the report on the financial system which have been accepted. and political structure of our society. 1972. as Commander-in-Chief of all the Armed Forces of the Philippines. do hereby order and decree and make as part of the law of the land the following: Section 1. WHEREAS. as a convenient business device to assist importers and merchants solve their financing problems. (d) "Goods" shall include chattels and personal property other than: money. and (c) to declare the misuse and/or misappropriation of goods or proceeds realized from the sale of goods. particularly in commercial banking transactions. Declaration of Policy. It is hereby declared to be the policy of the state (a) to encourage and promote the use of trust receipts as an additional and convenient aid to commerce and trade. Definition of terms. and any successor in interest of such person. documents or instruments under a trust receipt transaction. President of the Philippines. I. This Decree shall be known as the Trust Receipts Law. Short Title. had gained popular acceptance in international and domestic business practices. dated September 22. 1972. things in action. there is no specific law in the Philippines that governs trust receipt transactions. MARCOS. and in order to effect the desired changes and reforms in the social. by virtue of the powers vested in me by the Constitution. unless the context otherwise requires. (c) "Entruster" shall refer to the person holding title over the goods.PROVIDING FOR THE REGULATION OF TRUST RECEIPTS TRANSACTIONS WHEREAS. as amended. or instruments subject of a trust receipt transaction. NOW. the utilization of trust receipts. especially the rights and obligations of the parties involved therein and the enforcement of the said rights in case of default or violation of the terms of the trust receipt agreement. economic. among others. and pursuant to Proclamation No. with certain modifications by the monetary authorities included.

whether or not expressed to be absolute. as the case may be. (g) "Purchaser" means any person taking by purchase. and two more persons having a joint or common interest. (a) to sell the goods or procure their sale. documents or instruments with the obligation to turn over to the entruster the proceeds thereof to the extent of the amount owing to the entruster or as appears in the trust receipt or the goods. documents or instruments to secure performance of some obligations of the entrustee or of some third persons to the entruster and includes title. (k) "Value" means any consideration sufficient to support a simple contract. in the case of goods delivered under trust receipt for the purpose of manufacturing or processing before its ultimate sale. or pledge. (i) "Person" means. whenever such title is in substance taken or retained for security only. participation certificate or receipt. (j) "Trust Receipt" shall refer to the written or printed document signed by the entrustee in favor of the entruster containing terms and conditions substantially complying with the provisions of this Decree. Section 4. documents or instruments themselves if they are unsold or not otherwise disposed of. unload. A trust receipt transaction. trustee. in accordance with the terms and conditions specified in the trust receipt. ship or tranship or otherwise deal with them in a manner preliminary or necessary to their sale. or . any certificate of stock. lease. documents or instruments in trust for the entruster and to sell or otherwise dispose of the goods. or any certificate of deposit. (h) "Security Interest" means a property interest in goods. or for other purposes substantially equivalent to any of the following: 1. appears by virtue of possession and the face of the instrument to be the owner. any credit or investment instrument of a sort marketed in the ordinary course of business or finance. receiver. In the case of goods or documents. after the issuance of the trust receipt.(e) "Instrument" means any negotiable instrument as defined in the Negotiable Instrument Law. mortgage. documents or instruments. "Instrument" shall not include a document as defined in this Decree. or (b) to manufacture or process the goods with the purpose of ultimate sale: Provided. business trust or other association. legal or equitable. What constitutes a trust receipt transaction. an individual. conditional sale. (f) "Purchase" means taking by sale. whereby the entruster. That. or bond or debenture for the payment of money issued by a public or private corporation. is any transaction by and between a person referred to in this Decree as the entruster. and another person referred to in this Decree as entrustee. whereby the entrustee. within the meaning of this Decree. releases the same to the possession of the entrustee upon the latter's execution and delivery to the entruster of a signed document called a "trust receipt" wherein the entrustee binds himself to hold the designated goods. who owns or holds absolute title or security interests over certain specified goods. the entruster shall retain its title over the goods whether in its original or processed form until the entrustee has complied fully with his obligation under the trust receipt. corporation. No further formality of execution or authentication shall be necessary to the validity of a trust receipt. or other fiduciary. partnership. or (c) to load.

payment shall be made in its equivalent in Philippine currency computed at the prevailing exchange rate on the date the proceeds of sale of the goods. and to the enforcement of all other rights conferred on him in the trust receipt provided such are not contrary to the provisions of this Decree. (2) the total invoice value of the goods and the amount of the draft to be paid by the entrustee. documents or instruments in case of non-sale. general property rights in such goods. a) to sell or procure their sale or exchange. Section 5. or c) to effect the consummation of some transactions involving delivery to a depository or register. Section 6. A trust receipt may be denominated in the Philippine currency or any foreign currency acceptable and eligible as part of international reserves of the Philippines. at the outset of the transaction. collection or renewal The sale of goods. documents or instruments to the entruster to the extent of the amount owing to the entruster or as appears in the trust receipt or to return the goods. documents or instruments. . documents or instruments by a person in the business of selling goods. and (c) to turn over the proceeds of the sale of the goods. public policy or morals. documents or instruments subject of the trust receipt. documents or instruments in the event of their non-sale within the period specified therein. (b) to dispose of them in the manner provided for in the trust receipt. but every such receipt must substantially contain (a) a description of the goods. documents or instruments for profit who. public order or good customs. does not constitute a trust receipt transaction and is outside the purview and coverage of this Decree. Section 7. That in the case of trust receipts denominated in foreign currency. (3) an undertaking or a commitment of the entrustee (a) to hold in trust for the entruster the goods. the provisions of existing law. has. any existing laws. or d) to effect their presentation. or who sells the same to the buyer on credit. Form of trust receipts. however.2. retaining title or other interest as security for the payment of the purchase price. The entruster shall be entitled to the proceeds from the sale of the goods. In the case of instruments. Rights of the entruster. documents or instruments held in trust by the entrustee are turned over to the entruster or on such other date as may be stipulated in the trust receipt or other agreements executed between the entruster and the entrustee. rules and regulations to the contrary notwithstanding: Provided. executive orders. or to the return of the goods. contents. A trust receipt need not be in any particular form. documents or instruments released under a trust receipt to the entrustee to the extent of the amount owing to the entruster or as appears in the trust receipt. The trust receipt may contain other terms and conditions agreed upon by the parties in addition to those hereinabove enumerated provided that such terms and conditions shall not be contrary to the provisions of this Decree. or b) to deliver them to a principal. documents or instruments therein described. Currency in which a trust receipt may be denominated. as against the buyer.

documents or instruments in trust for the entruster and shall dispose of them strictly in accordance with the terms and conditions of the trust receipt.The entruster may cancel the trust and take possession of the goods. (3) insure the goods for their total value against loss from fire. and may. documents or instruments under the terms of the trust receipt transaction be responsible as principal or as vendor under any sale or contract to sell made by the entrustee. or instruments for value and in good faith from the entrustee. theft. (b) to the payment of the expenses of re-taking. (c) to the satisfaction of the entrustee's indebtedness to the entruster. irrespective of whether or not it was due to the fault or negligence of the entrustee. and either personally served on the entrustee or sent by post-paid ordinary mail to the entrustee's last known business address. who buys the goods. The entrustee shall receive any surplus but shall be liable to the entruster for any deficiency. Obligations of the entrustee. Section 8. documents or instruments which are the subject of a trust receipt. or instruments pursuant to the written terms of a trust receipt shall be valid as against all creditors of the entrustee for the duration of the trust receipt agreement. at a public sale. documents. The failure of an entrustee to turn over the proceeds of the sale of the goods. not less than five days after serving or sending of such notice. paragraph one (b) of Act Numbered Three thousand eight hundred and fifteen. shall not extinguish his obligation to the entruster for the value thereof. give notice to the entrustee of the intention to sell. Any purchaser of goods from an entrustee with right to sell. (4) keep said goods or proceeds thereof whether in money or whatever form. documents or instruments in the event of non-sale or upon demand of the entruster. keeping and storing the goods. Validity of entruster's security interest as against creditors. Rights of purchaser for value and in good faith. documents or instruments. punishable under the provisions of Article Three hundred and fifteen. sell the goods. documents or instruments if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa. Loss of goods. become a purchaser. Liability of entrustee for loss. and the entruster in possession of the goods. documents or instruments at public or private sale. Section 13. or of documents or instruments through their customary form of transfer. (2) receive the proceeds in trust for the entruster and turn over the same to the entruster to the extent of the amount owing to the entruster or as appears on the trust receipt. Section 10. Penalty clause. documents or instruments free from the entruster's security interest. Notice of sale shall be deemed sufficiently given if in writing. as amended. The entrustee shall (1) hold the goods. Entruster not responsible on sale by entrustee. The entruster's security interest in goods. separate and capable of identification as property of the entruster. shall be applied (a) to the payment of the expenses thereof. documents or instruments subject of the trust or of the proceeds realized therefrom at any time upon default or failure of the entrustee to comply with any of the terms and conditions of the trust receipt or any other agreement between the entruster and the entrustee. Section 12. on or after default. acquires said goods. and the entruster may. whether public or private. documents or instruments may. merely by virtue of such interest or having given the entrustee liberty of sale or other disposition of the goods. Section 9. The entruster holding a security interest shall not. documents. otherwise known as . Section 11. and (6) observe all other terms and conditions of the trust receipt not contrary to the provisions of this Decree. pilferage or other casualties. pending their disposition. The risk of loss shall be borne by the entrustee. documents or instruments covered by a trust receipt to the extent of the amount owing to the entruster or as appears in the trust receipt or to return said goods. (5) return the goods. The proceeds of any such sale.

MARCOS. 818 October 22. WHEREAS. MALACAÑANG Manila PRESIDENTIAL DECREE No. This Decree shall take effect immediately. and if such amount exceeds the latter sum. FERDINAND E. this 29th day of January. If any provision or section of this Decree or the application thereof to any person or circumstance is held invalid. reports received of late indicate an upsurge of estafa (swindling) cases committed by means of bouncing checks. in the year of Our Lord. do hereby decree as part of the law of the land the following amendment to Article 315 of the Revised Penal Code: Section 1. Done in the City of Manila. 4885. President of the Philippines. association or other juridical entities. without prejudice to the civil liabilities arising from the criminal offense. the penalty provided in . NOW. Cases not provided for in this Decree shall be governed by the applicable provisions of existing laws. nineteen hundred and seventy-three. The penalty of reclusion temporal if the amount of the fraud is over 12. Section 16. I. THEREFORE. by virtue of the powers in me vested by the Constitution. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315 of the Revised Penal Code. Section 14. Cases not covered by this Decree. officers. Section 15. the penalty provided for in this Decree shall be imposed upon the directors. Section 17.000 pesos. if not checked at once. these criminal acts would erode the people's confidence in the use of negotiable instruments as a medium of commercial transaction and consequently result in the retardation of trade and commerce and the undermining of the banking system of the country. the other provisions or sections hereof and the application of such provisions or sections to other persons or circumstances shall not be affected thereby.the Revised Penal Code.000 pesos but not exceed 22. employees or other officials or persons therein responsible for the offense. Repealing clause. it is vitally necessary to arrest and curb the rise in this kind of estafa cases by increasing the existing penalties provided therefor. WHEREAS. If the violation or offense is committed by a corporation. partnership. shall be punished by: 1st. as amended by Republic Act No. All Acts inconsistent with this Decree are hereby repealed. 1975 AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY MEANS OF BOUNCING CHECKS WHEREAS. Separability clause.

2nd. 3rd. which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer. if such amount is over 200 pesos but does not exceed 6. if the amount of the fraud is over 6. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank.Any person who makes or draws and issues any check to apply on account or for value. or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee. Section 2. for which reason it is dishonored by the drawee bank. 22 AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. this 22nd day of October. The penalty of prision mayor in its maximum period. BATAS PAMBANSA BLG. By prision mayor in its maximum period. company or entity. . DONE in the City of Manila. adding one year for each additional 10. shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon. the penalty shall be termed reclusion perpetua. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos. Section 2. the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act. if such amount does not exceed 200 pesos. This decree shall take effect immediately. knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 4th. The penalty of prision mayor in its medium period.000 pesos but the total penalty which may be imposed shall in no case exceed thirty years. nineteen hundred and seventy-five. In such cases. Checks without sufficient funds. in the year of Our Lord. Section 1.000 pesos. .this paragraph shall be imposed in its maximum period. and. The same penalty shall be imposed upon any person who. ordered the bank to stop payment. .000 pesos but does not exceed 12. Evidence of knowledge of insufficient funds. Where the check is drawn by a corporation. when presented within ninety (90) days from the date of the check. without any valid reason. and in connection with the accessory penalties which may be imposed under the Revised Penal Code.000 pesos.The making. or both such fine and imprisonment at the discretion of the court. shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon.

and the due presentment to the drawee for payment and the dishonor thereof.Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code. 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B. 22. 1979. . . . Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B. stamped or attached by the drawee on such dishonored check. printed. ADMINISTRATIVE CIRCULAR NO. if such be the fact. and 2. 2001 TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO.The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. Blg.R. . when refusing to pay the same to the holder thereof upon presentment.If any separable provision of this Act be declared unconstitutional. Approved: April 3. Blg. having the drawee's refusal to pay stamped or written thereon or attached thereto. 12-2000adopted the rulings in Eduardo Vaca v. Liability under the Revised Penal Code.R. Credit construed. the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check. That where there are no sufficient funds in or credit with such drawee bank. the introduction in evidence of any unpaid and dishonored check. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. OTHERWISE KNOWN AS THE BOUNCING CHECK LAW.This Act shall take effect fifteen days after publication in the Official Gazette. and that the same was properly dishonored for the reason written. The clear tenor and intention of Administrative Circular No.P. Blg. the remaining provisions shall continue to be in force. People of the Philippines (G. . 22. 22. Not with standing receipt of an order to stop payment. 16 November 1998. In all prosecutions under this Act. Section 6. Section 5. 130038.P. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. No. Separability clause. with the reason therefor as aforesaid. Section 4. is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. Section 7. queries have been made regarding the authority of Judges to: 1. Duty of drawee. Effectivity. or attached thereto. 13-2001 February 14.It shall be the duty of the drawee of any check. such fact shall always be explicitly stated in the notice of dishonor or refusal. 22. In particular. the reason for drawee's dishonor or refusal to pay the same: Provided.P. . but to lay down a rule of preference in the application of the penalties provided for in B.Section 3. No. or stamped in plain language thereon. 131714. 12-2000 is not to remove imprisonment as an alternative penalty. 22. Court of Appeals (G. shall be prima facie evidence of the making or issuance of said check. rules of evidence. 298 SCRA 656) and Rosa Lim v. to cause to be written.

M." SEC. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B. The Clerk of Court of the Supreme Court and the Court Administrator shall immediately cause the implementation of this Administrative Circular. DAVIDE. No. 00-11-01-SC at its session of 13 February 2001. It is. 2. 2.] HILARIO G. determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. Thus. SHORT TITLE. The issuance of this Administrative Circular was authorized by the Court En Banc in A. their families and overseas Filipinos in distress. 1.P.This act shall be known and cited as the "Migrant Workers and Overseas Filipinos Act of 1995.P. territorial integrity. Issued this 14th day of February. 22. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. 12-2000 ought not be deemed a hindrance. JR. Chief Justice REPUBLIC ACT NO. 22. This Administrative Circular shall be published in a newspaper of general circulation not later than 20 February 2001. in the exercise of sound discretion. the imposition of a fine alone should be considered as the more appropriate penalty. Administrative Circular No. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. 12-2000 establishes a rule of preference in the application of the penal provisions of B. 3.P. . 8042 Migrant Workers and Overseas Filipinos Act of 1995 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers. or otherwise be contrary to the imperatives of justice. The Judges concerned may. national interest and the right to self-determination paramount in its relations . Should the Judge decide that imprisonment is the more appropriate penalty. the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. Blg. 2001. Neither does it defeat the legislative intent behind the law. Needless to say.The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B. understood that: 1. [Sgd. DECLARATION OF POLICIES-(a) In the pursuit of an independent foreign policy and while considering national sovereignty. there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment. Administrative Circular No. Blg. therefore. Should only a fine be imposed and the accused be unable to pay the fine. and for other purposes. work violence on the social order. Blg. and taking into consideration the peculiar circumstances of each case.

Towards this end. the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers and the composition of bodies tasked for the welfare of migrant workers. local and overseas. whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged. be compromised or violated. (c) While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances. at all times. Nonetheless. the State shall. is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities. in general. the State does not promote overseas employment as a means to sustain economic growth and achieve national development. introduction. are adequately protected and safeguarded. and Filipino migrant workers. The State. (g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills. and promote full employment and equality of employment opportunities for all. (h) Non-governmental organizations. placement and assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 hereof. shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development.with other states. the State shall cooperate with them in a spirit of trust and mutual respect. at any time. Appropriate incentives may be extended to them. organized and unorganized. in particular. (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. and Filipino migrant workers. Pursuant to this and as soon as practicable. 3. in general. are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare. (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed.For purposes of this Act: (a) "Migrant worker" refers to a person who is to be engaged. it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos. . documented or undocumented. (e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. the deployment of Filipino overseas workers. therefore. SEC. In this regard. economic and legal services to Filipino migrant workers. duly recognized as legitimate. the government shall deploy and/or allow the deployment only to skilled Filipino workers. DEFINITIONS. (I) Government fees and other administrative costs of recruitment. in particular. (b) The State shall afford full protection to labor. . the State shall provide adequate and timely social. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not. uphold the dignity of its citizens whether in country or overseas.

4. in any manner. The government recognizes any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of migrant workers. non-holder. procuring workers and includes referring. testimony. in pursuit of the national interest or when public welfare so requires. illegal recruitment shall mean any act of canvassing. the government. Deployment of Migrant Workers . I. whether for profit or not. DEPLOYMENT SEC. licensee or holder of authority.The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. . SEC. promising or advertising for employment abroad. declaration or resolutions relating to the protection of migrant workers. ILLEGAL RECRUITMENT Sec. (c) To give any false notice. 6. TERMINATION OR BAN ON DEPLOYMENT .For purposes of this Act. DEFINITIONS. utilizing. contracting. whether a non-licensee. hiring. II. (b) It is a signatory to multilateral conventions. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. may. 5.Notwithstanding the provisions of Section 4 hereof. It shall likewise include the following acts. concrete measures to protect the rights of migrant workers. . Provided. and (d) It is taking positive. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. that such nonlicense or non-holder. otherwise known as the Labor Code of the Philippines. terminate or impose a ban on the deployment of migrant workers. when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. (b) To furnish or publish any false notice or information or document in relation to recruitment or employment. (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. contact services. at any time. (c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers. (c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act. transporting. who. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. or to make a worker pay any amount greater than that actually received by him as a loan or advance. as amended. enlisting.(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes. whether committed by any persons. 442.

000.00) nor more than five hundred thousand pesos (P500. accomplices and accessories. and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment. (l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment. In case of juridical persons.00).000. Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations. (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency.(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency. the officers having control. (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative.00) nor more than one million pesos (P1. 7. placement vacancies. departures and such other matters or information as may be required by the Secretary of Labor and Employment. . separations from jobs.000. remittances of foreign exchange earnings. The persons criminally liable for the above offenses are the principals. (i) To substitute or alter to the prejudice of the worker. in cases where the deployment does not actually take place without the worker's fault. (h) To fail to submit reports on the status of employment. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. PENALTIES (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200. (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.000. management or direction of their business shall be liable.000. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. SEC.

SEC. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. or caused to be. or their relatives within the fourth civil degree of consanguinity or affinity. to engage. or other government agencies involved in the implementation of this Act. the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. 10. SEC. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the priginal and exclusive jurisdiction to hear and decide. MONEY CLAIMS. If the recruitment/placement agency is a juridical being. however. moral. or the Overseas Workers Welfare Administration. Provided. .A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense: Provided. The performance bond to be filed by the recruitment/placement agency.Provided. SEC. PROHIBITION ON OFFICIALS AND EMPLOYEES. (b) Suspension for not more than ninety (90) days. . In case of termination of overseas employment without just. The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. valid or authorized cause as defined by law or contract. in the business of recruiting migrant workers as defined in this Act. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. the Philippine Overseas Employment Administration. directly or indirectly. amendment or modification made locally or in a foreign country of the said contract. as provided by law. exemplary and other forms of damages. 9. shall be answerable for all money claims or damages that may be awarded to the workers. 8. within ninety (90) calendar days after filing of the complaint. VENUE. whichever is less. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4) months from the approval of the settlement by the appropriate authority. That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. Non-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties: (a) The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be. the corporate officers and directors and partners as the case may be. The penalties shall be imposed upon them. withheld until the said official complies therewith. That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act.Botwithstanding any provision of law to the contrary. or . however. .Ot shall be unlawful for any official or employee of the Department of Labor and Employment. or the Department of Foreign Affairs.

Such mechanism must include coordination and cooperation with the Department of Justice. . the Integrated Bar of the Philippines. in coordination ith appropriate international agencies. the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. epidemic.(c) Dismissal from the service with disqualifications to hold any appointive public office for five (5) years. All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. and other similar events without prejudice to reimbursement by the responsible principal or agency. Where the preliminary investigation is conducted by a prosecution officer and a prima facie case is established. 15. REPATRIATION OF WORKERS. 14. any person who is a victim of illegal recruitment shall be entitled to the Witness Protection Program provided thereunder. The Overseas Workers Welfare Administration (OWWA). however. . the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. 12. prosecution officer within forty-eight (48) hours from the date of receipt of the records of the case.Illegal recruitment cases under this Act shall prescribe in five (5) years: Provided. MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES. 13. shall undertake the repatriation of workers in cases of war. FREE LEGAL ASSISTANCE. Such advisory or information shall be published in a newspaper of general circulation at least three (3) times in every quarter. EMERGENCY REPATRIATION FUND. and other non-governmental organizations and volunteer groups. Likewise. PRESCRIPTIVE PERIODS. migration realities and other facts. The provisions of Republic Act No. However.The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. TRAVEL ADVISORY/INFORMATION DISSEMINATION. SEC. .The preliminary investigations of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. however. . all embassies and consular offices.To give utmost priority to the establishment of programs and services to prevent illegal recruitment. . fraud. SEC. notwithstanding. and adherence of particular countries to international standards on human and workers' rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. and exploitation or abuse of Filipino migrant workers. SEC. PREFERENTIAL ENTITLEMENT UNDER THE WITNESS PROTECTION PROGRAM. natural or man-made. in cases where the principal or recruitment agency cannot be identified. through the Philippine Overseas Employment Administration (POEA). all costs attendant to repatriation shall be borne by the OWWA. 11.A mechanism for free legal assistance for victims of illegal recruitment shall be established within the Department of Labor and Employment including its regional offices. in cases where the termination of employment is due solely to the fault of the worker. . disasters or calamities. 6981 to the contrary. Provided. shall issue travel advisories or disseminate information on labor and employment conditions. SERVICES SEC. that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph. However. That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years. III. SEC. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist. the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation.

re-placement and the full utilization of their potentials. both public and private.The center shall provide the following service: (a) Develop livelihood programs and projects for returning Filipino migrant workers in coordination with the private sector. 16. . FUNCTIONS OF THE RE-PLACEMENT AND MONITORING CENTER. ESTABLISHMENT OF RE-PLACEMENT AND MONITORING CENTER. 19. (b) Coordinate with appropriate private and government agencies the promotion. The Department of Labor and Employment.000. SEC. .For this purposes. serve as a promotion house for their local employment. For this purpose. . SEC. SEC. livelihood and entrepreneurial development. and tap their skills and potentials for national development.000. there shall be establish a Migrant Workers and Other Overseas Filipinos Resource Center with the following services: (a) Counseling and legal services. inclusive of outstanding balances. (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER. initially to consist of one hundred million pesos (P100. . MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. 17.A replacement and monitoring center is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society. . SEC. the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication availavle of such discovery and other relevant information. the Technical Education and Skills Development Authority (TESDA). formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. a computer-based information system on skilled Filipino migrant workers which shall be accessible to all local recruitment agencies and employers. within ninety (90) days from the effectivity of this Act. (b) Welfare assistance including the procurement of medical and hospitalization services.00).Upon discovery or being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment. better wage employment. development. there is hereby created and established an emergency repatriation fund under the administration control and supervision of the OWWA. and other government agencies involved in training and livelihood development shall give priority to return who had been employed as domestic helpers and entertainers. the Technology Livelihood Resource Center (TLRC). (c) Institute in cooperation with other government agencies concerned. 18. and investment of savings. the Overseas Workers Welfare Administration.Within the premises and under the administrative jurisdiction of the Philippine Embassy in countries where there are large concentrations of Filipino migrant workers. and the Philippine Overseas Employment Administration shall.

such as training and skills upgrading. service attaches or officers who represent other organizations from the host countries. For this purpose.An inter-agency committee composed of the Department of Foreign Affairs and its attached agency. settlement and community networking services for social integration. (d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists. In countries categorized as highly problematic by the Department of Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino migrant workers. the government must provide a lawyer and a social worker for the Center. (f) Gender sensitive programs and activities to assist particular needs of women migrant workers. (d) Institute a scheme of registration of undocumented workers to bring them within the purview of this Act. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. and the National Statistics Office shall be established to implement a shared government information system for migration. The second phase shall involve linkaging of computer facilities in order to allow free-flow data exchanges and sharing among concerned agencies. under pain of having his/her passport cancelled. including Saturdays. including those serving prison terms. 20. The establishment and operations of the Center shall be a joint undertaking of the various government agencies. (c) Masterlists of departing/arriving Filipinos. the Philippine Overseas Employment Administration. the Center is enjoined to compel existing undocumented workers to register with it within six (6) months from the effectivity of this Act. the following information: (a) Masterlists of departing/arriving Filipinos. The Overseas Workers Welfare Administration. and (h) Monitoring of daily situations. The Department of Tourism. These shared data bases shall initially include. The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. ESTABLISHMENT OF A SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION. SEC. circumstances and activities affecting migrant workers and other overseas Filipinos.(c) Information. the Bureau of Immigration. The inter-agency committee shall initially make available to itself the information contained in existing data bases/files. . but not limited to. The Center shall have a counterpart 24-hour information and assistance center at the Department of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home office. (e) Human resource development. Sundays and holidays. the Commission on Filipino Overseas. the Department of Justice. (b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals. . The Center shall be open for twenty-four (24) hours daily. the National Bureau of Investigation. advisory and programs to promote social integration such as post-arrival orientation. (g) Orientation program for returning workers and other migrants. the Department of Labor and Employment. and shall be staffed by Foreign Service personnel.

The Department of Labor and Employment shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable. the Administration shall regulate private sector .The Department of Foreign Affairs is mandated to undertake the necessary initiative such as promotions.(e) Blacklisted foreigners/undesirable aliens. . For this purpose. IV. (f) Basic data on legal systems. and migrant workers. and (I) Listing of overseas posts which may render assistance to overseas Filipinos. SEC. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS.The Department. shall institute financing schemes that will expand the grant of pre-departure loan and family assistance loan. all overseas Filipinos: (a) Department of Foreign Affairs. pursue the same on behalf of the victim if it is legally impossible to file individual complaints. in coordination with government financial institutions. 21.1) Philippine Overseas Employment Administration . MIGRANT WORKERS LOAN GUARANTEE FUND. in particular. marriage laws and civil and criminal codes in receiving countries particularly those with the large numbers of Filipinos. (g) List of labor and other human rights instruments where receiving countries are signatories. The Department of Foreign Affairs is also mandated to make an assessment of rights and avenues of redress under international and regional human rights systems that are available to Filipino migrant workers who are victims of abuse and violation and. declaration or resolutions pertaining to the protection of migrant workers' rights. (h) A tracking system of past and present gender disaggregated cases involving male and female migrant workers.000. to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or hospitals: (b. a Migrant Workers Loan Guarantee Fund is hereby created and the revolving amount of one hundred million pesos (P100. GOVERNMENT AGENCIES SEC. . ROLE OF GOVERNMENT AGENCIES. If a complaints machinery is available under international or regional systems. 22.The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers and. the Department of Foreign Affairs shall fully apprise the Filipino migrant workers of the existence and effectiveness of such legal options. (b) Department of Labor and Employment . shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos. in general. .In order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad. through its home office or foreign posts. 23. SEC. as far as practicable and through the Legal Assistant for Migrant Workers Affairs created under this Act. the OWWA.00) from the OWWA is set aside as a guarantee fund in favor of participating government financial institutions. shall take priority action its home office or foreign posts. . acceptance or adherence of countries receiving Filipino workers to multilateral convention. as far as applicable. immigration policies.Subject to deregulation and phase out as provided under Sections 29 and 30 herein.000.

000. the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS SEC. in coordination with appropriate entities concerned. the OWWA and other government agencies concerned. In the performance of this functions. (c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines and other bar associations to complement the government's efforts to provide legal assistance to migrant workers. . The said Legal Assistant for Migrant Workers Affairs shall be appointed by the President and must be of proven competence in the field of law with at least ten (10) years of experience as a legal practitioner and must not have been a candidate to an elective office in the last local or national elections. (b. The legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers. It shall also formulate and implement. the POEA. 24.There is hereby created the position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers as well as overseas Filipinos in distress. 25. in order to assist him in the effective discharge of the above functions. .00) to be constituted from the following sources: Fifty million pesos (P50. in the amount of One hundred million pesos (P100.000.participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or problems brought to his attention. salary and privileges equal to that of an undersecretary of said Department. He shall have the rank. (b) To establish close linkages with the Department of Labor and Employment. LEGAL ASSISTANCE FUND . when necessary employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. Among the functions and responsibilities of the aforesaid Legal Assistant are: (a) To issue the guidelines.There is hereby established a legal assistance fund for migrant workers. domestic or foreign. procedures and criteria for the provisions of legal assistance services to Filipino migrant workers. (d) To administer the legal assistance fund for migrant workers established under Section 25 hereof and to authorize disbursements there from in accordance with the purposes for which the fund was set up. as well as with non-governmental organizations assisting migrant workers. SEC.00) from the Contingency Fund of the President. V. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS.000. to ensure effective coordination and cooperation in the provision of legal assistance to migrant workers.The Welfare Officer or in his absence.000. and (e) To keep and maintain the information system as provided in Section 20.2) Overseas Workers Welfare Administration . herein after referred to as Legal Assistance fund.

is .The country team approach. SEC. . . and form part of.00) from the Welfare Fund for Overseas Workers established under Letter of Instruction No.000. . visiting Philippine delegations shall be provided full support and information. but not limited to. court fees and charges and other litigation expenses.Pursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign employer. COUNTRY . the ambassador may recommend to the Secretary of the Department of Foreign Affairs the recall of officers. Pending investigation by an appropriate body in the Philippines. VII. 537. the DOLE within one (1) year from the effectivity of this Act. 26. upon effectivity of this Act. The protection of the Filipino migrant workers and the promotion of their welfare. 74. USES OF THE LEGAL ASSISTANCE FUND. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS.The Legal Assistance Fund created under the preceeding section shall be used exclusively to provide legal services to migrant workers and overseas Filipinos in distress in accordance witht the guidelines. and Twenty million pesos (P20. such consulates shall also constitute part of the country-team under the leadership of the ambassador. criteria and procedures promulgated in accordance with Section 24 (a) hereof. VI.Under the country-team approach. series of 1993. SEC. 28. in general. and the protection of the dignity and fundamental rights and freedoms of the Filipino citizen abroad. bail bonds to secure the temporary release of workers under detention. representatives and personnel of the Philippine government posted abroad regardless of their mother agencies shall. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistance for Migrant Workers Affairs to represent migrant workers facing charges abroad.000. as amended by Presidential Decree Nos. all officers. shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts. In the implementation of the country-team approach. the person recommended for recall may be placed under preventive suspension by the ambassador. representatives and personnel of the Philippine government posted abroad for acts inimical to the national interest such as. shall be the mode under which Philippine embassies or their personnel will operate in the protection of the Filipino migrant workers as well as in the promotion of their welfare. DEREGULATION AND PHASE-OUT SEC. 27.00) from the Presidential Social Fund. to be turned over to. endorse such recommendation to the department secretary concerned for appropriate action. the Secretary of the Department of Foreign Affairs shall.000.000. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT ACTIVITIES. In host countries where there are Philippine consulates. act as one country-team with a mission under the leadership of the ambassador. on a per country basis. representatives and personnel of other departments. Any balances of existing fund which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers shall. In this regard. failure to provide the necessary services to protect the rights of overseas Filipinos. as enunciated under Executive Order No. Upon receipt of the recommendation of the ambassador.TEAM APPROACH SEC.Thirty million pesos (P30. COUNTRY-TEAM APPROACH. 1694 and 1809. in the case of officers. 29. the Fund created under this Act. in particular. .

Article VI of the Constitution and in line with the objective of empowering overseas Filipinos to participate in the policy-making process to address Filipino migrant concerns.In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof. specifically violations of their rights. SEC. 31. and inventory of pending cases involving them and other Filipino nationals including those serving prison terms. (f) Status of negotiations on bilateral labor agreements between the Philippines and the host Any officer of the government who fails to report as stated in the preceeding section shall be subjected to administrative penalty. REPORT TO CONGRESS. 30. REPRESENTATION IN CONGRESS. have three (3) members each who shall come from the women. and country. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. . POEA AND OWWA BOARD. sea-based and land-based sectors. The report shall not be limited to the following information: (a) Masterlist of Filipino migrant workers.hereby mandated to formulate a five-year comprehensive deregulation plan on recruitment activities taking into account labor market trends. respectively. 33. ADDITIONAL MEMBERSHIPS. two (2) sectoral representatives for migrant workers in the House of Representatives shall be appointed by the President from the ranks of . the Department of Foreign Affairs and the Department of Labor and Employment shall submit to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers. to be appointed by the President in the same manner as the other members. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD. the respective Boards of the POEA and the OWWA shall. the government shall provide proper and adequate incentives and programs so as to secure their services in priority development areas of the public and private sectors. (d) Initiative/actions taken by the Philippine foreign posts to address the problems of Filipino migrant workers.Notwithstanding any provision of law to the contrary. (e) Changes in the laws and policies of host countries. IX. . the DOLE shall phase out the regulatory functions of the POEA pursuant to the objectives of deregulation. . in addition to their present composition. and contribute to national development. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD SEC. 32.Within a period of five (5) years from the effectivity of this Act. Pursuant to the objective of encouraging professionals and other highly-skilled Filipinos abroad especially in the field of science and technology to participate in. 34. VII. . SEC. (c) Problems encountered by the migrant workers. (b) Working conditions of Filipino migrant workers. MISCELLANEOUS PROVISIONS SEC. SEC. economic conditions of the country and emergency circumstances which may affect the welfare of migrant workers.Pursuant to Section 3(2).

37. SEC. 36. ABOLITION OF REPATRIATION BOND. all fees being charged by any government office on migrant workers shall remain at their present levels and the repatriation bond shall be established. . APPROPRIATION AND OTHER SOURCES OF FUNDING. decrees. .There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate descendants below twenty-one (21) years of age who intent to pursue courses or training primarily in the field of science and technology. The initial seed fund of two hundred million pesos (P200. SEC. 43. To carry out the objectives of this section. 38.000.00) shall be constituted from the following sources: (a) Fifty million pesos (P50. the DOLE and the DOST shall formulate the necessary rules and regulations. any section or provision of this Act is held unconstitutional or invalid. EXEMPTION FROM TRAVEL TAX AND AIRPORT FEE.Upon approval of this Act. EFFECTIVITY CLAUSE.00) from the unexpected Countrywide Development Fund for 1995 in equal sharing by all members of Congress. . that at least one (1) of the two (2) sectoral representatives shall come from the women migrant workers sector: Provided. . 40.00) shall be funded from the proceeds of Lotto. 39. further.If. . SEC. for any reason.000.The amount necessary to carry out the provisions of this Act shall be provided for in the General Appropriations Act of the year following its enactment into law and thereafter. rules and regulations. NON-INCREASE OF FEES. the migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of proof of entitlement by the POEA. .000. within ninety (90) days after the effectivity of this Act. MIGRANT WORKERS DAY. executive orders.000. . 42. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND.000.All laws to the country notwithstanding. 35.The day of signing by the President of this Act shall be designated as the Migrant Workers Day and shall henceforth be commemorated as such annually. SEC. the other sections or provisions hereof shall not be affected thereby. . or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. The Congressional Migrant Workers Scholarship Fund as herein created shall be administered by the DOLE in coordination with the Department of Science and Technology (DOST). that all nominees must have at least two (2) years experience as a migrant worker. SEC. SEPARABILITY CLAUSE. REPEATING CLAUSE. Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila .migrant workers: Provided. SEC. SEC.This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.All laws. SEC. and (b) The remaining one hundred fifty million pesos (P150. 41. . SEC. IMPLEMENTING RULES AND REGULATIONS. formulate the necessary rules and regulations for its effective implementation.000.The departments and agencies charged with carrying out the provisions of this Act shall.

10022 AN ACT AMENDING REPUBLIC ACT NO. in general. two thousand nine. The government shall provide them free and accessible skills development and enhancement programs. workers associations. OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995. 8042. territorial integrity. whether regular/documented or irregular/undocumented. and Filipino migrant workers." "(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. 8042. are adequately protected and safeguarded. trade unions. and Filipino migrant workers. and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers. adopt/be signatory to and ratify those that guarantee protection to our migrant workers. In this regard. uphold the dignity of its citizens whether in country or overseas. AS AMENDED. at all times. FURTHER IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS. is hereby amended to read as follows: . No.Fourteenth Congress Third Regular Session Begun and held in Metro Manila. Pursuant to this and as soon as practicable. the State shall. Paragraphs (a). the government shall deploy and/or allow the deployment only of skilled Filipino workers. Section 3. 8042. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1." "(h) The State recognizes non-governmental organizations. THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS. paragraph (a) of Republic Act No. on Monday. (g) and (h) of Section 2 of Republic Act. in particular. in particular. The significant contribution of recruitment and manning agencies shall from part this partnership. it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos. stakeholders and their similar entities duly recognized as legitimate. in general. national interest and the right to self-determination paramount in its relations with other states. (e). otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995. The State shall cooperate with them in a spirit of trust and mutual respect." is hereby amended to read as follows: "(a) In the pursuit of an independent foreign policy and while considering national sovereignty. continuously monitor international conventions. the twenty-seventh day of July. are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare." "(g) The State recognizes that the most effective tool for empowerment is the possession of skills by migrant workers. as amended." Section 2. as amended. REPUBLIC ACT No.

including migrant workers. "The members of the POEA Governing Board who actually voted in favor of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years. 4. specifying therein the pertinent provisions of the receiving country's labor/social law. "The State shall also allow the deployment of overseas Filipino workers to vessels navigating the foreign seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect the rights of migrant workers."(a) "Overseas Filipino worker" refers to a person who is to be engaged. "(b) It is a signatory to and/or a ratifier of multilateral conventions.The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. through its foreign posts. shall issue a certification to the POEA. "For this purpose. "The State shall likewise allow the deployment of overseas Filipino workers to companies and contractors with international operations: Provided. is hereby amended to rerad as follows: "SEC. concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under subparagraphs (a). as embodied in the employment contracts prescribed by the POEA and in accordance with internationally-accepted standards. That they are compliant with standards. Deployment of Migrant Workers." Section 3. and "(c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers: Provided. to be used interchangeably with migrant worker. Section 4 of Republic Act No. as amended. no permit for deployment shall be issued by the Philippine Overseas Employment Administration (POEA). Further. 8042. declarations or resolutions relating to the protection of workers. the Department of Foreign Affairs. . the government official or employee responsible for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of an order by the POEA Governing Board prohibiting deployment shall be meted the same penalties in this section. conditions and requirements. "In the absence of a clear showing that any of the aforementioned guarantees exists in the country of destination of the migrant workers. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers: "(a) It has existing labor and social laws protecting the rights of workers. is engaged or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for miliatry or non-commercial purposes or on an installation located offshore or on the high seas. or the convention/declaration/resolution. That the receiving country is taking positive. (b) and (c) hereof. including migrant workers. or the bilateral agreement/arrangement which protect the rights of migrant workers." .

separation from jobs. whether committed by any person. or work with a different employer whether registered or not with the POEA. whether for profit or not. . enlisting.Section 4. or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance. transporting. It shall likewise include the following acts. placement vacancies. Section 6 of Republic Act No. licensee or holder of authority: "(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. 8042. may. "(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed. . when undertaken by non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 6. or procuring workers and includes referring. illegal recruitment shall mean any act of canvassing. "(c) To give any false notice. as amended. That any such non-licensee or non-holder who. terminate or impose a ban on the deployment of migrant workers. Termination or Ban on Deployment. 442. at any time. Definition. 5. 8042. in pursuit of the national interest or when public welfare so requires. "(h) To fail to submit reports on the status of employment. as amended. whether a non-licensee. work different from the actual overseas work. as amended. "(d) To include or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. testimony. contract services. remittance of foreign exchange earnings. departures and such other matters or information as may be required by the Secretary of Labor and Employment. . "(b) To furnish or publish any false notice or information or document in relation to recruitment or employment. the POEA Governing Board.Notwithstanding the provisions of Section 4 hereof. "(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. is hereby amended to read as follows: "SEC. joined or supported. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. or for the purpose of documenting hired workers with the POEA. utilizing. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. otherwise known as the Labor Code of the Philippines: Provided." Section 5. which include the act of reprocessing workers through a job order that pertains to nonexistent work. promising or advertising for employment abroad. Section 5 of Republic Act No. is hereby amended to read as follows: "SEC. after consultation with the Department of Foreign Affairs.For purposes of this Act. non-holder. or has contacted or is supported by any union or workers' organization. in any manner. contracting. hiring.

. "(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment. "(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency. "(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics. postdated checks in relation to the said loan. "Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. either personally or through a guarantor or accommodation party. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. entities or persons. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment. "(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations. in cases where the deployment does not actually take place without the worker's fault. except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner. "(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage. and "(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. "(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's employment contract has been prematurely terminated through no fault of his or her own. other than those authorized under the Labor Code and its implementing rules and regulations. which will be used for payment of legal and allowable placement fees and make the migrant worker issue. or for any other reasons. it shall also be unlawful for any person or entity to commit the following prohibited acts: "(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum. institutions. entities or persons. "(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions."(i) To substitute or alter to the prejudice of the worker. "In addition to the acts enumerated above.

"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo training. and "(7) For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees.000.000. "The persons criminally liable for the above offenses are the principals." 1avvphi1 Section 6. Penalties.000. or any aggrieved person may initiate the corresponding criminal action with the appropriate office. entities or persons. control. rules or regulations.00) nor more than Two million pesos (P2.000. allow the POEA lawyers to take the lead in the prosecution. That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a nonlicensee or non-holder of authority. in certain cases.000. instruction or schooling of any kind only from specifically designated institutions. is hereby amended to read as follows: "SEC. "In the prosecution of offenses punishable under this section. . management or direction of their business who are responsible for the commission of the offense and the responsible employees/agents thereof shall be liable. The POEA lawyers who act as prosecutors in such cases shall be entitled to receive additional allowances as may be determined by the POEA Administrator. In case of juridical persons. "(b) The penalty of life imprisonment and a fine of not less than Two million pesos (P2. seminar. the affidavits and testimonies of operatives or personnel from the Department of Labor and Employment.00) nor more than Five million pesos (P5.000.000. "In the filing of cases for illegal recruitment or any of the prohibited acts under this section. For this purpose. the public prosecutors of the Department of Justice shall collaborate with the anti-illegal recruitment branch of the POEA and.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. Section 7 of Republic Act No. "Provided.00). 8042. except fpr recommendatory trainings mandated by principals/shipowners where the latter shoulder the cost of such trainings. "(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos (P1. accomplices and accessories. 7. the Secretary of Labor and Employment. however.000. "(6) For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers' applications. as provided under the compulsory worker's insurance coverage. POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the accused. the POEA Administrator or their duly authorized representatives. as amended. premium or other insurance related charges. "The filing of an offense punishable under this Act shall be without prejudice to the filing of cases punishable under other existing laws. the officers having ownership.

The performance bond to de filed by the recruitment/placement agency. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.000. Money Claims. "Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within thirty (30) days from approval of the settlement by the appropriate authority."(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five hundred thousand pesos (P500. "In case of a final and executory judgement against a foreign employer/principal. exemplary and other forms of damage. Section 10 of Republic Act No. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. training school or medical clinic.000. in addition to the penalties herein prescribed. the NLRC shall endeavor to update and keep abreast with the developments in the global services industry. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. whichever is less. "Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. If the recruitment/placement agency is a juridical being. he or she shall. as provided by law. it shall be automatically disqualified. as amended. "If the offender is an alien. "Noncompliance with the mandatory periods for resolutions of case provided under this section shall subject the responsible officials to any or all of the following penalties: . from participating in the Philippine Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award. without further proceedings. valid or authorized cause as defined by law or contract. the worker shall be entitled to the full reimbursement if his placement fee and the deductions made with interest at twelve percent (12%) per annum. the corporate officers and directors and partners as the case may be. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term." Section 7. amendment or modification made locally or in a foreign country of the said contract. . within ninety (90) calendar days after the filing of the complaint. "In case of termination of overseas employment without just.00) nor more than One million pesos (P1. "In every case. 8042. lending institutions. be deported without further proceedings.000. moral. Consistent with this mandate. shall be answerable for all money claims or damages that may be awarded to the workers. "The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. is hereby amended to read as follows: "SEC. 10.00). conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency.Notwithstanding any provision of law to the contrary. or any unauthorized deductions from the migrant worker's salary.

The refund shall be paid within thirty (30) days from the date of the mandatory repatriation as provided for in this Act. however. Establishment of National Reintegration Center for Overseas Filipino Workers. formulate a program that would motivate migrant workers to plan . The license of a recruitment/manning agency which recruited or deployed an underage migrant worker shall be automatically revoked and shall be imposed a fine of not less than Five hundred thousand pesos (Php 500. "Provided. That the penalties herein provided shall be without prejudice to any liability which any such official may have incured under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph. without need of notice. Mandatory Repatriation of Underage Migrant Workers. within ninety (90) days from the effectivity of this Act. Section 16 of Republic Act No.00). and other non-governmental organizations and volunteer groups. 17. or caused to be. 8042. the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication available of such discovery and other relevant information."(a) The salary of any such official who fails to render his decision or resolution within the prescribed period shall be. Preferential Entitlement Under the Witness Protection Program. is hereby amended to read as follows: "SEC. withheld until the said official complies therewith. or "(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years. "The Department of Labor and Employment. the Overseas Workers Welfare Administration (OWWA). as amended is hereby amended to read as follows: "SEC.000. The refund shall be independent of and in addition to the indemnification for the damages sustained by the underage migrant worker. The first paragraph of Section 13 of Republic Act No. the Integrated Bar of the Philippines. as amended.000. All fees pertinent to the processing of papers or documents in the recruitment or deployment shall be refunded in full by the responsible recruitment/manning agency.000. and the Philippine Overseas Employment Administration (POEA) shall. A mechanism for free legal assistance for victims of illegal recruitment shall be established in the anti-illegal recruitment branch of the POEA including its regional offices. -A national reintegration center for overseas Filipino workers (NRCO) is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society. 8042.00) but not more than One million pesos (Php 1. is hereby amended to read as follows: "SEC. and tap their skills and potentials for national development. Section 17 of Republic Act No." Section 10. "(b) Suspension for not more than ninety (90) days. as amended.Upon discovery or being informed of the presence of migrant workers whose ages fall below the minimum age requirement for overseas deployment. 16. Free Legal Assistance. 13." Section 8. 8042. to the underage migrant worker or to his parents or guardian. . serve as a promotion house for their local employment. Such mechanism shall include coordination and cooperation with the Department of Justice." Section 9.

and "(h) Conduct research for policy recommendations and program development. "For this purpose. savings. The second paragraph of Section 19 of Republic Act No. "(c) Institute. 18. The Center shall be open for twenty-four (24) hours daily including Saturdays. "(b) Coordinate with appropriate stakeholders. service providers and relevant international organizations for the promotion. -The Center shall provide the following services: "(a) Develop and support programs and projects for livelihood. service providers. the Technical Education and Skills Development Authority (TESDA). "(d) Proved a periodic study and assessment of job opportunities for returning Filipino migrant workers. implementers. and investment of savings. service providers and international organizations. Section 18 of Republic Act No. service attaches or officers who represent other Philippine government agencies abroad and. as amended. as amended is hereby amended to read as follows: "SEC. Sundays and holidays. better wage employment." Section 12." Section 11. Functions of the National Reintegration Center for Overseas Filipino Workers. investments and financial literacy for returning Filipino migrant workers and their families in coordination with relevant stakeholders. a computerbased information system on returning Filipino migrant workers shall be accessible to all local recruitment agencies and employers. and stakeholders. 8042. and shall be staffed by Foreign Service personnel. individual volunteers and bona fide non-government organizations from the host countries. 8042. and maintain and upgrade computer-based service capabilities of the NRCO.for productive options such as entry into highly technical jobs or undertakings. if available. the Technology Livelihood Resource Center (TLRC). is hereby amended to read as follows: "The establishment and operations of the Center shall be a joint undertaking of the various government agencies. "(e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers. In countries categorized as highly problematic by the Department of Foreign Affairs and the Department of Labor . entrepreneurship. in cooperation with other government agencies concerned. "(g) Develop capacity-building programs for returning overseas Filipino workers and their families. livelihood and entrepreneurial development. "(f) Maintain an internet-based communication system for on-line registration and interaction with clients. and other government agencies involved in training and livelihood development shall give priority to returnees who had been employed as domestic helpers and entertainers. both public and private. development and the full utilization of overseas Filipino worker returnees and their potentials.

by country/state of destination including visa classification. Establishment of a Shared Government Information System for Migration. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. The interagency committee shall initially make available to itself the information contained in existing data bases/files.and Employment and where there is a concentration of Filipino migrant workers. the government must also hire within the receiving country. public relation officers or case officers who are conversant. is hereby amended to read as follows: "SEC. These shared data bases shall initially include. as amended. The progress of the implementation of this section shall be include in the report to Congress of the Department of Foreign Affairs and the Department of Labor and Employment under Section 33. "(e) Blacklisted foreigners/undesirable aliens. customs and practices. the Commission on Information and Communications Technology. . the National Bureau of Investigation. 20. the National Statistical and Coordination Board. the National Telecommunications Commission. Section 20 of Republic Act No. the Department of Justice the Bureau of Immigration. in such number as may be needed by the post. laws. "(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals. the National Statistics Office and other government agencies concerned with overseas employment shall be established to implement a shared government information system for migration. the Department of Tourism. civil status. including those serving prison terms. the National Computer Center. In addition to these personnel. with the local language. "(c) Masterlists of departing/arriving Filipinos. the Commission on Filipinos Overseas. orally and in writing. 8042. the Department of the Interior and Local Government. "The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the Department of Labor and Employment. a psychologist and a social worker for the Center. The second phase shall involve linkaging of computer facilities on order to allow free-flow data exchanges and sharing among concerned agencies.An interagency committee composed of the Department of Foreign Affairs and its attached agency." Section 13. . the following information: "(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to occupation/job category. "(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists. but not be limited to. The National Computer Center shall provide the necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. "The inter-agency committee shall meet regularly to ensure the immediate and full implementation of this section and shall explore the possibility setting up a central storage facility for the data on migration. the government must provide a Sharia or human rights lawyer. "The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. the Department of Labor and Employment and its attached concerned agencies.

.00) for every month of suspension. . when necessary." Section 14.2) of Paragraph (b) of Section 23 of Republic Act No. securing the best possible employment terms and conditions for overseas Filipino workers. That such countries shall guarantee to protect the rights of Filipino migrant workers. in general.1) Philippine Overseas Employment Administration. and such other employers as public interests may require. the POEA shall provide comprehensive Pre-Employment Orientation Seminars (PEOS) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity. of an intensified program against illegal recruitment activities. In appropriate cases. "(h) A tracking system of past and present gender disaggregated cases involving male and female migrant workers.000. the Administration shall inform migrant workers not only of their rights as workers but also of their rights as human beings. in particular. Subparagraph (b. in coordination with appropriate entities concerned. further. It shall also be responsible for the implementation. immigration policies. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. For this purpose. is hereby amended to read as follows: "(b." Section 15.The Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. Sub-paragraph (b. 8042. the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they .2) Overseas Workers Welfare Administration. and Provided."(f) Basic data on legal systems. is hereby amended to read as follows: "(b. and taking into consideration the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. "The Administration shall not engage in the recruitment and placement of overseas workers except on a government-to-government arrangement only.The Welfare officer of in his absence. the Administration shall deploy only to countries where the Philippine has conclude bilateral labor agreements or arrangements: Provided. in partnership with other law-enforcement agencies. It shall be responsible for the regulation and management of overseas employment from the pre-employment stage. "(g) List of Labor and other human rights instruments where receiving countries are signatories. and migrant workers.1) of paragraph (b) of Section 23 of Republic Act No. as amended. marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos. It shall also formulate and implement. "In the recruitment and placement of workers to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalitys. the Administration shall allow the lifting of suspension of erring recruitment/manning agencies upon the payment of fine of Fifty thousand pesos (P50. 8042. including minors. and "(i) Listing of overseas posts which may render assistance to overseas Filipinos. instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. "in addition to its powers and functions. as amended. That such countries shall observe and/or comply with the international laws and standards for migrant workers.

conducting health examinations for Filipino migrant workers shall observe the same standard operating procedures and shall comply with internationally-accepted standards in their operations to conform with the requirements of receiving countries or of foreign employers/principals. physical. optical. on Filipino migrant workers as requirement for their overseas employment. Under Section 23 of Republic Act No. Pursuant to this.1) The fees for the health examinations are regulated. . the latter shall be authorized to pay repatriation-related expenses. which requires an overseas Filipino worker to go first to an office for registration and then farmed out to a medical clinic located elsewhere." Section 16. The OWWA shall likewise formulate and implement welfare programs for overseas Filipino workers and their families while they are abroad and upon their return. The decking practice.The Department of Health (DOH) shall regulate the activities and operations of all clinics which conduct medical.may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. " (c. 8042.4) Every Filipino migrant worker shall have the freedom to choose any of the DOH-accredited or DOH-operated clinics that will conduct his/her health examinations and that his or her rights as a patient are respected.5) Within a period of three (3) years from the effectivity of this Act. "In the repatriation of workers to be undertaken by OWWA. . dental. It shall ensure the awareness by the overseas Filipino workers and their families of these programs and other related governmental programs. In the performance of this function. shall not be allowed. subject to such guidelines as the OWWA Board of Trustees may prescribe. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant. psychological and other similar examinations. as amended. including the DOH-operated clinics. all DOH regional and/or provincial hospitals shall establish and operate clinics that can be serve the health examination requirements of Filipino migrant workers to provide them easy access to such clinics all over the country and lessen their transportation and lodging expenses and " (c. " (c. " (c. such as fines or penalties.3) No group or groups of medical clinics shall have a monopoly of exclusively conducting health examinations on migrant workers for certain receiving countries. " (c. he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the compliance or problems brought to his attention. hereinafter referred to as health examinations.2) The Filipino migrant worker shall only be required to undergo health examinations when there is reasonable certainty that he or she will be hired and deployed to the jobsite and only those health examinations which are absolutely necessary for the type of job applied for or those specifically required by the foreign employer shall be conducted. add new paragraphs (c) and (d) with their corresponding subparagraphs to read as follows: "(c) Department of Health.6) All DOH-accredited medical clinics. the DOH shall ensure that: " (c.

hereinafter referred to as the Legal Assistance Fund. and non-government organizations advocating the rights and welfare of overseas Filipino workers. in partnership with the POEA. other bar associations and other government legal experts on overseas Filipino worker laws to complement the government's efforts to provide legal assistance to our migrant workers. "Thirty million pesos (30. as be linked to the database of all concerned government agencies. as amended. Section 25 of Republic Act No.1) Provide a venue for the POEA. as amended.000. Legal Assistance Fund. . "Any government official or employee who violates any provision of this subsection shall be removed or dismissed from service with disqualification to hold any appointive public office for five(5) years. . rules or regulations. "(d. particularly the POEA for its updated lists of overseas job orders and licensed recruitment agencies in good standing. 8042. Subparagraph ( c ) of Section of Republic Act No. To carry out this task.000. shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment. in the amount of one hundred million pesos (P100.000. 25. "Fifty million pesos (50. other concerned government agencies . pursuant to POEA rules and regulations.000. the following shall be undertaken by the LGUs: "(d. the medical clinic that conducted the health examination/s of such overseas Filipino worker shall pay for his or her repatriation back to the Philippines and the cost of deployment of such worker. 8042. Such desk or kiosk shall.2) Establish overseas Filipino worker help desk or kiosk in their localities with the objective of providing current information to their constituents on all the processes aspects of overseas employment.000. the local government units (LGUs). is hereby amended to read as follows: "SEC.00) from the Contingency Fund of the President Social Fund.There is herby established a legal assistance fund for migrant workers. "In case an overseas Filipino worker is found to be not medically fit upon his/her immediate arrival in the country of destination. is hereby amended to read as follows: "( c ) To tap the assistance of reputable law firms. . other concerned government agencies and non-government organizations to conduct PEOS to their constituents on a regular basis.00) from the Contingency Fund of the President.00) to be constituted from the following sources."Any Foreign employer who does not honor the results of valid health examinations conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified from the participating in the overseas employment program. the Integrated Bar of the Philippines. Such penalty is without prejudice to any other liability which he or she may have incurred under existing laws.000." Section 18." Section 17. "(d) Local Government Units.In the fight against illegal recruitment.

That the fund shall be treated as a special fund in the National Treasury and its balance. further.Notwithstanding any provision of law to the contrary. . to be selected and nominated openly by the general membership of the sector being represented. OWWA and other Boards. "(b) Only non-government organizations that protect and promote the rights and welfare of overseas Filipino workers. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent migrant workers facing charges or in filing cases against erring or abusive employers abroad. 9184 or the Government Procurement Act. bail bonds to secure the temporary releases and other litigation expenses: Provided. 537 as amended by Presidential Decree Nos." Section 20. the status of the Legal Assistance Fund. . seabased and land-based sectors respectively. for purposes of selection.00) from the Welfare Fund for Overseas Workers established under Letter of Instructions No. sea-based and landbased sectors shall be governed by the following guidelines: "(a) The POEA and the OWWA shall launch a massive information campaign on the selection of nominees and provide for a system of consultative sessions for the certified leaders or representatives of the concerned sectors. 32. is hereby amended to read as follows: "SEC. and form part of." Section 19. criteria and procedures promulgated in accordance with Section 24 ( a ) herof. POEA.00) : Provided. Additional Memberships.000.00) per year: Provided.000. The process shall be open.000. is hereby amended to read as follows: "SEC. when circumstances warrant urgent action. Section 26 of Republic Act No. duly registered with the appropriate Philippine government agency and in good standing as such. and "An amount appropriated in the annual General Appropriations Act (GAA) which shall not be less than Thirty million pesos (30. further.000. the respective Boards of the POEA and the OWWA shall. the Department of Foreign Affairs shall include in its report to Congress. democratic and transparent. Section 32 of Republic Act No."Twenty million pesos (20. 26. within ninety (90) days before the boards shall be convened. be turned over to. That at the end of every year. 8042. have three (3) members each who shall come from the women. the Fund created under this Act. that the balance of the Legal Assistance Fund (LAF) including the amount appropriated for the year shall not be less than One hundred million pesos (P100.The Legal Assistance Fund created under the preceding section shall be used exclusively6 to provide legal services to migrant workers and overseas Filipinos in distress in accordance with the guidelines. shall be exempt from the coverage of Republic Act No. including the amount appropriated in the GAA. Uses of the Legal Assistance Fund.000. shall not revert to the General Fund. 1694 and 1809. as amended.000. 8042. and in existence for at least three . as provided for under Section 33 of this Act. including the expenditures from the said fund duly audited by the Commission on Audit (COA): Provided. in addition to their present composition. as amended.That the hiring of foreign legal counsels. " Any balances of existing funds which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers shall upon effectivity of this Act. " The selection and nomination of the additional members from the women. which shall form part of the Fund. at least three (3) times.

the President shall select and appoint from the list. the representatives to the POEA/OWWA governing boards. 8042. In case of vacancy. which shall consist of three(3) names for each sector to be represented. "(c) The nominee must be at least twenty-five (25) years of age.In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof. Report to Congress.All laws to the contrary notwithstanding.(3) years prior to the nomination shall be qualified to nominate a representative for each sector to the Board. "The additional members shall have a term of three (3) years and shall be eligible for reappointment for another three (3) years. appoint a replacement who shall serve the unexpired term of his or her predecessor. as amended. the President shall in accordance with the provisions of this Act. and "(d) A final list of all the nominees selected by the OWWA/POEA governing boards." Section 22. The mid-year report covering the period January to June shall be submitted not later than October 31 of the same year while the yearend report covering the period July to December shall be submitted not later than May 31 of the following year. . . shall be submitted to the President and published in a newspaper of general circulation. as amended. Exemption from Travel Tax Documentary Stamp and Airport Fee. . but shall not limited to. the migrant workers shall be exempt from the payment of travel tax and airport-fee upon proper showing of proof entitlement by the POEA. Section 35 of Republic Act No. the following information: "xxx " Any officer of the government who fails to submit the report as stated in this section shall be subject to an administrative penalty of dismissal from the service with disqualification to hold any appointive public office for five (5) years. 35. "All other government agencies and government-owned or controlled corporations which require at least one (1) representative from the overseas workers sector to their respective boards shall follow all the applicable provisions of this section. "Within thirty (30) days from the submission of the list." Section 21. The report shall include. "Any executive issuances or orders issued that contravene the provisions of this section shall have no force and effect. 33. The first and last paragraph of Section 33 of Republic Act No. the Department of Foreign Affairs and the Department of Labor and Employment shall submit separately to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers. able to read and write. and a migrant worker at the time of his or her nomination or was a migrant worker with at least three (3) years experience as such. is hereby amended to read as follows: SEC. 8042. is hereby amended to read as follows: "SEC.

A new Section 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. "(d) Repatriation cost of the worker when his/her employment is terminated without any valid cause. The insurance company shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the worker. mortuary or direct disposition facility to prepare the body for transport. providing necessary casket or air transport container. the insurance policy shall also include: "(g) Compassionate visit. locating a local licensed funeral home. 37-A. shall be exempt from the payment of documentary stamp tax. with at least Fifteen thousand United States dollars (US$10. The following disabilities shall be deemed permanent: total.000. procuring consular services. permanent complete paralysis of two (2) limbs. . obtaining legal clearances. "(f) Money claims arising from employer's liability which may be awarded or given to the worker in a judgment or settlement of his or her case in the NLRC. When a migrant worker is hospitalized and has been confined for at least seven (7) consecutive days. the responsibility of the family member or requested individual to meet all visa and travel document requirements. It is. at the minimum: "(a) Accidental death. but not limited to. with at least One hundred United States dollars (US$100. . Section 23. "In addition to the above coverage. he shall be entitled to a compassionate visit by one (1) family member or a requested individual. The insurance coverage for money claims shall be equivalent to at least three (3) months for every year of the migrant worker's employment contract. however.500. of Replublic Act No. "(e) Subsistence allowance benefit. complete loss of sight of both eyes. including the transport of his or her personal belongings. brain injury resulting to incurable imbecility or insanity. as amended. the insurance provider shall arrange and pay for the repatriation or return of the worker's remains. loss of two(2) limbs at or above the ankles or wrists.00) disability benefit payable to the migrant worker. as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home. Such insurance policy shall be effective for the duration of the migrant worker's employment and shall cover. 8042. The insurance provider shall also render any assistance necessary in the transport including. each migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker.00) survivor's benefit payable to the migrant worker's beneficiaries."The remittances of all overseas Filipino workers. completing all documentation.In addition to the performance bond to be filed by the recruitment/manning agency under Section 10.00) Per month for a maximum of six (6) months for a migrant worker who is involved in a case or litigation for the protection of his/her rights in the receiving country. upon showing of the same proof of entitlement by the overseas Filipino worker's beneficiary or recipient. In case of death. is hereby added to read as follows: "SEC. with at least Seven thousand five hundred United States dollars (US$7. "(c) Permanent total disablement.

The insurance company shall forthwith ascertain the truth and extent of the claim and make payment within ten (10) days from the filing of the notice of claim. In the case of seafarers who are insured under policies issued by foreign insurance companies. repatriation under medical supervision to the migrant worker's residence shall be undertaken by the insurance provider at such time that the migrant worker is medically cleared for travel by commercial carrier. Insurance companies who have directors. duly authenticated by the Philippine foreign posts. When medically necessary as determined by the attending physician. who work or have interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved in the overseas employment program shall be disqualified from providing this workers' insurance coverage. partners. employees or agents with relatives. evacuation under appropriate medical supervision by the mode of transport necessary shall be undertaken by the insurance provider. That the minimum coverage under sub-paragraphs (a) to (i) are included therein. When an adequate medical facility is not available proximate to the migrant worker. shall be sufficient evidence to substantiate the claim: "(1) Death Certificate . (b). the recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker. and "(i) Medical repatriation. That the following documents. It shall then submit the certificate of insurance coverage of the migrant worker to POEA as a requirement for the issuance of an Overseas Employment Certificate (OEC) to the migrant worker. (c). "Any person having a claim upon the policy issued pursuant to subparagraphs (a). the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided. and "(3) Medical Certificate . "Only reputable private insurance companies duly registered with the Insurance Commission (IC) . an alternative appropriate mode of transportation."(h) Medical evacuation. within the fourth civil degree of consanguinity or affinity. "(2) Police or Accident Report . (d) and (e) of this section shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents. as determined by the insurance company's physician and/or a consulting physician. natural death or disablement under this section shall be paid by the insurance company without any contest and without the necessity of providing fault or negligence of any kind on the part of the insured migrant worker: Provided. may be arranged. After procuring such insurance policy. Medical and non-medical escorts may be provided when necessary.In case of permanent disablement. . such as air ambulance. officers. If the period to receive medical clearance to travel exceeds fourteen (14) days from the date of discharge from the hospital.00) to be determined by the IC.000.In case of accidental death.000.In case of natural or accidental death. "The recruitment/manning agency shall have the right to choose from any of the qualified insurance providers the company that will insure the migrant worker it will deploy. which are in existence and operational for at least Five hundred million pesos (P500. and with a current year certificate of authority shall be qualified to provide for the worker's insurance coverage. "Any claim arising from accidental death.

whichever is lower. After receiving the insurance payment. in his absence. "For the payment of money claims under subparagraph (f). the recruitment/manning agency shall immediately pay the migrant worker's claim in full. as provided in the first subparagraph hereof. an order shall be released mandating the respondent recruitment/manning agency to pay the amount adjudged or agreed upon within thirty (30) days. "(4) In case the insurance company fails to make payment within ten (10) days from the filing of the claim. "In case it is shown by substantial evidence before the POEA that the migrant worker who was deployed by a licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that the said insurance coverage was used as basis by the recruitment/manning agency to claim any additional fee from the migrant worker. the insurance company shall make payment to the recruitment/manning agency the amount adjudged or agreed upon. "(6) The provision of compulsory worker's insurance under this section shall not affect the joint and solidary liability of the foreign employer and the recruitment/manning agency under Section 10. the recruitment/manning agency's performance bond or escrow deposit shall be forthwith garnished to satisfy the migrant worker's claim. or the amount of liability insured."For repatriation under subparagraph (d) hereof. "Any question or dispute in the enforcement of any insurance policy issued under this section shall be brought before the IC for mediation or adjudication. "(3) Within ten (10) days from the filing of notice of claim. the embassy or consular official shall issue a certification which states the name of the case. the said licensed . "(7) Lawyers for the insurance companies. the following rules shall govern: "(1) After a decision has become final and executor or a settlement/compromise agreement has been reached between the parties at the NLRC. "(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period. unless the latter is impleaded. shall be prohibited to appear before the NLRC in money claims cases under this section. the concerned labor attaché or. "(2) The recruitment/manning agency shall then immediately file a notice of claim with its insurance provider for the amount of liability insured. taking into account that in case the amount of insurance coverage is insufficient to satisfy the amount adjudged or agreed upon. the names of the parties and the nature of the cause of action of the migrant worker. a certification which states the reason/s for the termination of the migrant worker's employment and the need for his or her repatriation shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office (POLO) located in the receiving country. "For subsistence allowance benefit under subparagraph (e). the recruitment/ manning agency shall pay the amount adjudged or agreed upon within the remaining days of the thirty (30)-day period. attaching therewith a copy of the decision or compromise agreement. it is liable to pay the balance thereof.

"For migrant workers recruited by the POEA on a government-to-government arrangement. the POEA shall establish a foreign employers guarantee fund which shall be answerable to the workers' monetary claims arising from breach of contractual obligations. "(b) To ensure transparency and require the submission of reports from concerned government agencies on the conduct of programs.There is hereby created a Joint Congressional Oversight Committee composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives. name hires or direct hires. the Department of Labor and Employment and the IC shall jointly make an assessment of the performance of all insurance providers. 8042. projects and activities related to overseas employment. the POEA shall provide them adequate legal assistance. they may opt to be covered by this insurance coverage by requesting their foreign employers to pay for the cost of the insurance coverage or they may pay for the premium themselves. in consultation with the recruitment/manning agencies and legitimate non-government organizations advocating the rights and welfare of overseas Filipino workers. The Oversight Committee shall have the following duties and functions: "(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of Republic Act No. based upon the report of the NLRC and the POEA on their respective interactions and experiences with the insurance companies. without prejudice to an earlier review if necessary and warranted for the purpose of modifying. . and they shall have the authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to the legitimate claims of migrant workers. A new Section 37-B of Republic Act No. "At the end of every year. is hereby added to read as follows: "Sec. including conciliation and mediation services. To protect the rights of these workers. amending and/or repealing these subject provisions. Congressional Oversight Committee. . "For purposes of this section. 8042. shall formulate the necessary implementing rules and regulations. as well as all programs. officers and employees shall be perpetually disqualified from engaging in the business of recruitment of overseas workers. whether at home or abroad. the Department of Labor and Employment. as amended. respectively. proprietors. "The foregoing provisions on compulsory insurance coverage shall be subject to automatic review through the Congressional Oversight Committee immediately after three (3) years from the effectivity of this Act in order to determine its efficacy in favor of the covered overseas Filipino workers and the compliance by recruitment/manning agencies and insurance companies. Section 24. IC. NLRC and the POEA. The Oversight Committee shall be co-chaired by the chairpersons of the Senate Committee on Labor and Employment and the House of Representatives Committee on Overseas Workers Affairs. rules or regulations. partners. 8042. as amended. For migrant workers classified as rehires. The Department of Labor and Employment shall include such assessment in its year-end report to Congress. Such penalty is without prejudice to any other liability which such persons may have incurred under existing laws. as amended. 37-B. projects and policies relating to the implementation of Republic Act No.recruitment/manning agency shall lose its license and all its directors.

extraordinary and other necessary expenses to attain its goals and objectives.The departments. instrumentalities.If."(c) To approve the budget for the programs of the Oversight Committee and all disbursements therefrom. or require any person by subpoena duces tecumdocuments or other materials as it may require consistent with the provisions of Republic Act No. invite or summon by subpoena ad testificandum any public official or private citizen to testify before it. the funding of which shall be included in the General Appropriations Act. to carry out its powers and functions for its initial operations and for fiscal years wherein the General Appropriations Act is reenacted and no provision for its continued operation is included in such Act. as amended. Section 26. . 8042.00). "(e) To determine weaknesses in the law and recommend the necessary remedial legislation or executive measures. "The members of the Oversight Committee shall not receive additional compensation. 8042. contractual. whether on secondment from the Senate and the House of Representatives or on temporary. functions and responsibilities as may be necessary to attain its objectives. "The Oversight Committee shall organize its staff and technical panel. Section 27. or on consultancy. conduct hearings and receive testimonies. except as otherwise provided herein." Section 25. . offices and government-owned and controlled corporations charged with carrying out the provisions of this Act shall include in their respective programs the implementation of this Act. may portion of this Act is declared unconstitutional or invalid. "(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of Republic Act No. rules and regulations with a view to ensuring a competent and efficient secretariat.000. Separability Clause. and determine their compensation subject to applicable civil service laws. The Congressional Oversight Committee on Overseas Workers Affairs shall have the sum of Twenty-five million pesos (P25.000. Thereafter. and appoint such personnel. bureaus. shall. for any reason. including compensation of all personnel. reports. and technical advice.The departments and agencies charged with carrying out the provisions of this Act. Implementing Rules and Regulations. formulate the necessary rules and regulations for its effective implementation. such amount necessary for its continued operations shall be included in the annual General Appropriations Act. half of which shall be charged against the current appropriations of the Senate while the other half shall be charged against the current appropriations of the House of Representatives. allowances or emoluments for services rendered thereto except traveling. "The Oversight Committee shall adopt its internal rules of procedure. "The Oversight Committee shall exist for a period of ten (10) years from the effectivity of this Act and may be extended by a joint concurrent resolution. within sixty (60) days after the effectivity of this Act. . . and "(f) To perform such other duties. agencies. in consultation with the Senate Committee on Labor and Employment and the House of Representatives Committee on Overseas Workers Affairs. as amended. Funding. the same shall not affect the validity of the other provisions not affected thereby.

Section 28. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.
Approved,

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE
President of the Senate

This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 5649 was finally passed
by the Senate and the House of Representatives on January 18, 2010 and December 18, 2009,
respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved: March 8, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

The Lawphil Project - Arellano Law Foundation

OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED BY REPUBLIC ACT NO. 10022
Pursuant to the authority vested by law on the Secretary of Foreign Affairs and the Secretary of
Labor and Employment, and in the light of Republic Act No. 10022, An Act Amending Republic Act
No. 8042, Otherwise Known as the Migrant Workers and Overseas Filipinos Act of 195, as amended,
Further Improving the Standard of Protection and Promotion of the Welfare of Migrant Workers,
Their Families and Overseas Filipinos in Distress, and For Other Purpose, the following
Implementing Rules and Regulations are hereby promulgated:
RULE I
GENERAL PROVISIONS

Section 1. Declaration of Policies.
(a) In the pursuit of an independent foreign policy and while considering national sovereignty,
territorial integrity, national interest and the right to self-determination paramount in its
relations with other states, the State shall, at all times, uphold the dignity of its citizens
whether in the country or overseas, in general, and Filipino migrant workers, in particular,
continuously monitor international conventions, adopt/be signatory to and ratify those that
guarantee protection to our migrant workers, and endeavor to enter into bilateral agreements
with countries hosting overseas Filipino workers.
(b) The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
Towards this end, the State shall provide adequate and timely social, economic and legal
services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to the national
economy through their foreign exchange remittances, the State does not promote overseas
employment as a means to sustain economic growth and achieve national development. The
existence of the overseas employment program rests solely on the assurance that the dignity
and fundamental human rights and freedoms of the Filipino citizens shall not, at any time, be
compromised or violated. The State, therefore, shall continuously create local employment
opportunities and promote the equitable distribution of wealth and the benefits of
development.
(d) The State affirms the fundamental equality before the law of women and men and the
significant role of women in nation building. Recognizing the contribution of overseas migrant
women workers and their particular vulnerabilities, the State shall apply gender sensitive
criteria in the formulation and implementation of policies and programs affecting migrant
workers and the composition of bodies tasked for the welfare of migrant workers.
(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty. In this regard, it is imperative that an
effective mechanism be instituted to ensure that the rights and interest of distressed
overseas Filipinos, in general, and Filipino migrant workers, in particular, whether
regular/documented or irregular/undocumented, are adequately protected and safeguarded.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the
democratic decision-making processes of the State and to be represented in institutions
relevant to overseas employment is recognized and guaranteed.
(g) The State recognizes that the most effective tool for empowerment is the possession of
skills by migrant workers. The government shall expand access of qualified migrant workers
to free skills development and enhancement programs through scholarships, training
subsidies/grants of the concerned agencies. Pursuant to this and as soon as practicable, the
government shall deploy and/or allow the deployment only of skilled Filipino workers.
(h) The State recognizes that non-governmental organizations, trade unions, workers
associations, stakeholders and other similar entities duly recognized as legitimate, are
partners of the State in the protection of Filipino migrant workers and in the promotion of
their welfare. The State shall cooperate with them in a spirit of trust and mutual respect. The
significant contribution of recruitment and manning agencies shall form part of this
partnership.

RULE II
DEFINITION OF TERMS
Section 1. Definitions.
(a) Act - refers to the "Migrant Workers and Overseas Filipinos Act of 1995," as amended by
Republic Act No. 9422 and Republic Act No. 10022.
(b) Authority - refers to a document issued by the Secretary of Labor and Employment
authorizing the officers, personnel, agents or representatives of a licensed
recruitment/manning agency to conduct recruitment and placement activities in a place
stated in the license or in a specified place.
(c) BI - Bureau of Immigration
(d) Bona fide Non-Government Organizations (NGOs) - refer to non-government, civil society
or faith-based organizations duly recognized by the Philippine Embassy as active partners of
the Philippine Government in the protection of Filipino migrant workers and the promotion of
their welfare.
(e) CICT - Commission on Information and Communications Technology
(f) Contracted workers - refer to Filipino workers with employment contracts already
processed by the POEA for overseas deployment.
(g) DFA - Department of Foreign Affairs
(h) DILG - Department of Interior and Local Government
(i) Direct Hires - workers directly hired by employers for overseas employment as authorized
by the Secretary of Labor and Employment and processed by the POEA, including:
1. Those hired by international organizations
2. Those hired members of the diplomatic corps.
3. Name hires or workers who are able to secure overseas employment opportunity
with an employer without the assistance or participation of any agency. [Labor Code,
POEA Rules]
(j) DOH - Department of Health
(k) DOJ - Department of Justice
(l) DOLE - Department of Labor and Employment
(m) DOST - Department of Science and Technology
(n) DOT - Department of Tourism

Presidential Decree No.refers to the liability of the principal/employer and the recruitment/manning agency. (4) Those who have valid but inappropriate visas. For land-based workers hired by private recruitment/employment agencies . for any and all claims arising out of the implementation of the employment contract involving Filipino workers for overseas deployment. individually adopted and agreed upon by the principal/employer and the seafarer.an individual written agreement between the foreign principal/employer and the worker based on the master employment contract approved by the Administration. (3) Those who have no travel document whatsoever.refers to cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interest of the sexes. Control and supervise the operations of the recruitment/manning agency or branch thereof of which they are employed.written standard POEA-approved employment contract stipulating a specific period of employment and formulated through tripartite consultation. (p) Filipino Service Contractor . (v) Labor Code . (2) Those who possess expired visas or permits to stay. (q) Gender Sensitivity . 442. if required by law or regulation. partnership or corporation duly licensed as a private recruitment agency by the Secretary of Labor and Employment to recruit workers for its accredited projects or contracts overseas.Insurance Commission (u) Irregular/Undocumented Filipino migrant workers . If the recruitment/manning agency is a juridical being. or (5) Those whose employment contracts were not processed by the POEA or subsequently verified and registered on-site by the POLO. or 2. Exercise the authority to hire or fire employees and lay down and execute management policies of the recruitment/manning agency or branch thereof. shall themselves be jointly and severally liable with the corporation or partnership for the aforesaid claims and damages. (r) Head or manage .refers to any of the following acts: 1.refer to the following: (1) Those who acquired their passports through fraud or misrepresentation. and 2.refers to the following: 1. as amended .(o) Employment Contract . (s) Joint and several liability . as the case may be.refers to any person. the corporate officers and directors and partners. (t) IC . For seafarers .

partnership or corporation with no valid license to engage in recruitment and placement of overseas Filipino workers or whose license is revoked. is engaged. (kk) OWWA . (dd) NRCO . other Filipino nationals and their dependents abroad. partnership or corporation to operate a private recruitment/manning agency.National Bureau of Investigation (aa) NCC. (jj) Overseas Filipino Worker or Migrant Worker .(w) License . or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes.National Statistics Office (gg) NTC .National Computer Center (bb) NLRC .National Telecommunications Commission (hh) Overseas Filipinos . (z) NBI. psychosocial or legal assistance problem requiring treatment. counseling.National Reintegration Center for Overseas Filipino Workers (ee) NSCB . partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of seafarers for ships plying international waters and for related maritime activities.Overseas Workers Welfare Administration (ll) Placement Fees.National Statistical and Coordination Board (ff) NSO . hospitalization.refers to any person.refers to an Overseas Filipino who has a medical. expired or otherwise delisted from the roll of licensed recruitment/manning agencies registered with the POEA.refers to any person. or on an installation located offshore or on the high seas.refers to a person who is to be engaged. (ii) Overseas Filipino in distress .Local Government Unit (y) Manning Agency . A "person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas. . terminated. legal representation as specified in Rule IX of these Rules or any other kind of intervention with the authorities in the country where he or she is found.refer to any and all amounts charged by a private recruitment agency from a worker for its recruitment and placement services as prescribed by the Secretary of Labor and Employment. cancelled. (x) LGU .National Labor Relations Commission (cc) Non-licensee .refer to migrant workers.refers to the document issued by the Secretary of Labor and Employment authorizing a person.

Refer to the following: (1) Those who possess valid passports and appropriate visas or permits to stay and work in the receiving country.Philippine Overseas Labor Office (oo) Principal .refers to an employer or foreign placement agency hiring or engaging Filipino workers for overseas employment through a licensed private recruitment/manning agency. or those who are in possession of an appropriate level of competence. directly or indirectly. cruise ship personnel and those serving on mobile offshore and drilling units in the high seas. (pp) Private Recruitment/Employment Agency .refers to any person who is employed or engaged in overseas employment in any capacity on board a ship other than a government ship used for military or noncommercial purposes.refer to those who have obtained an academic degree. partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of workers for overseas employment for a fee which is charged. from the workers who renewed their employment contracts with the same principal. The State shall allow the deployment of OFWs only in countries where the rights of Filipino migrant workers are protected.refers to any person.Technical Education and Skills Development Authority (vv) Underage Migrant Workers . training and certification. shall be used interchangeably with the term "Administration". if required by law or regulation. RULE III DEPLOYMENT OF MIGRANT WORKERS Section 1. (uu) TESDA . Guarantees of Migrant Workers Rights. and (2) Those whose contracts of employment have been processed by the POEA. as may be determined by the appropriate government agency. (nn) POLO . qualification. The definition shall include fishermen. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of OFWs: . or experience.Philippine Overseas Employment Administration. for the job they are applying.refers to those who are below 18 years or below the minimum age requirement for overseas employment as determined by the Secretary of Labor and Employment. or subsequently verified and registered on-site by the POLO. (rr) Regular/Documented Filipino Migrant Workers .(mm) POEA . (qq) Rehires . (tt) Skilled Filipino Workers .refer to land-based workers who renewed their employment contracts with the same principal. (ss) Seafarer .

Deployment of OFWs to Ocean-Going Ships. and that the receiving country is taking such positive and concrete measures to protect workers. allow only the deployment of OFWs to receiving countries which have been certified by the DFA as compliant with the above stated guarantees. The members of the POEA Governing Board who actually voted in favor of a Resolution allowing the deployment of migrant workers without the DFA certification referred to in the preceding section shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years. The POEA Governing Board shall. subject to existing standards on accreditation of foreign employers/principals and qualification requirements for workers. Provided. That they are compliant with standards.(a) It has existing labor and social laws protecting the rights of workers. (b). The State shall likewise allow the deployment of OFWs to companies and contractors with international operations: Provided. programs. declarations or resolutions relating to the protection of workers including migrant workers. diplomatic negotiations. including migrant workers. or the bilateral agreement/arrangement which protect the rights of migrant workers. including migrant workers. or (b) It is a signatory to and/or a of multilateral conventions. judicial decisions. The State shall also allow the deployment of OFWs to ships navigating the foreign seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect the rights of migrant workers. For purposes of the preceding paragraphs. Section 4. Such a certification shall be subject to review by the DFA as often as may be deemed necessary. Deployment to Companies and Contractors with International Operations. in a Resolution. (b). that the receiving country is taking positive and concrete measures to protect the rights of migrant workers in furtherance of any of the guarantees under subparagraphs (a). "Positive and concrete measures" shall include legislative or executive initiatives. or and (c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers. as embodied in the . Section 2. projects. the DFA shall issue a certification that a receiving country complies with any of the guarantees under subparagraphs (a). and (c) hereof. or the convention/declaration/resolution. The DFA shall issue such certification to the POEA. Section 3. the government official or employee responsible for the issuance of the permit or for allowing the deployment of migrant workers in violation of this section and in direct contravention of a resolution by the POEA Governing Board prohibiting deployment shall be meted the same penalties in this section. specifying therein the pertinent provisions of the receiving country's labor/social law. and (c) hereof. Further. Government Officials and Employees. conditions and requirements. activities and such other acts by the receiving country aimed at protecting the rights of migrant workers. Liability of the Members of the POEA Governing Board. The POEA shall register OFWs only for receiving countries allowed by the POEA Governing Board.

enlisting. as amended. may. promising or advertising for employment abroad. Section 7. whether for profit or not. illegal recruitment shall mean any act of canvassing. at any time. grant exceptions to the ban or lift the ban. as well as adherence of particular countries to international standards on human and workers rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. Section 5. Deployment of Skilled Workers. when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. That any such non-licensee or non-holder who. . or procuring workers and includes referring. As soon as adequate mechanisms for determination of skills are in place and consistent with national interest. the POEA Governing Board. in pursuit of the national interest or when public welfare so requires. Notwithstanding the provisions of Sections 1 and 5 of this Rule. shall disseminate information on labor and employment conditions. whether a non-licensee. Definition. utilizing. The POEA shall publish. after consultation with the DFA. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. Section 8. 442. hiring. whether committed by any person. in a timely manner. For purposes of the Act. RULE IV ILLEGAL RECRUITMENT Section 1. in any manner. Labor Situationer. such as the conduct of nationwide. transporting. in consultation with the DFA. terminate or impose a ban on the deployment of migrant workers. contracting. Termination or Ban on Deployment. The DFA shall issue travel advisories as the need arises. or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance. non-holder. licensee or holder of authority: (a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. The POEA Governing Board may. such advisory in a newspaper of general circulation. The POEA. It shall likewise include the following acts. migration realities and other facts. A "travel advisory" is a notice to the travelling public normally for a security reason and based on the prevailing peace and order situation in a specific destination. after consultation with the DFA. Section 6. comprehensive and sustainable Pre-Employment Orientation Seminars.employment contracts prescribed by the POEA and in accordance with internationally-accepted standards. otherwise known as the Labor Code of the Philippines: Provided. the Secretary of Labor and Employment shall allow the deployment only of skilled Filipino workers. Travel Advisory. contract services. The POEA may undertake other programs or resort to other modes of information and dissemination campaigns.

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. remittance of foreign exchange earnings. or for the purpose of documenting hired workers with the POEA. in cases where the deployment does not actually take place without the worker's fault.(b) To furnish or publish any false notice or information or document in relation to recruitment or employment. and (n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment. (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency. (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative. or work with a different employer whether registered or not with the POEA. which include the act of reprocessing workers through a job order that pertains to non-existent work. (f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. (e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed. (c) To give any false notice. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. (l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment. work different from the actual overseas work. (i) To substitute or alter to the prejudice of the worker. or has contacted or is supported by any union or workers' organization. (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment. placement vacancies. . joined or supported. testimony. or for any other reasons. separation from jobs. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations. departures and such other matters or information as may be required by the Secretary of Labor and Employment. (h) To fail to submit reports on the status of employment. other than those authorized under the Labor Code and its implementing Rules and Regulations.

00) nor more than Two Million Pesos (P2. f. Impose a compulsory and exclusive arrangement whereby an OFW is required to undergo training.Section 2. or persons. either personally or through a guarantor or accommodation party. which will be used for payment of legal and allowable placement fees and make the migrant worker issue.000. premium or other insurance related charges. Section 3. e. b. management or direction of their business and the responsible for the commission of the offense and the responsible employees/agents thereof shall be liable. entities or persons. c. instruction or schooling of any kind only from specifically designated institutions. Other Prohibited Acts. entities or persons. Impose a compulsory an exclusive arrangement whereby an OFW is required to undergo health examinations only from specifically designated medical clinics. Penalties. except for recommendatory training mandated by principals/shipowners where the latter shoulder the cost of such trainings. Grant a loan to an OFW with interest exceeding eight (8%) percent per annum. . control. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. entities. g. seminar. institutions.000. Persons Responsible. d.00). Section 4. Section 5. Refuse to condone or renegotiate a loan incurred by an OFW after the latter's employment contract has been prematurely terminated through no fault of his / her own. In case of juridical persons. except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner.000. For a recruitment/manning agency or a foreign principal/employer to pass-on to the OFW or deduct from his/her salary the payment of the cost of insurance fees. The persons criminally liable for the above offenses are the principals. it shall also be unlawful for any person or entity to commit the following prohibited acts: a. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos (P1. as provided under the compulsory worker's insurance coverage. the officers having ownership. postdated checks in relation to the said loan. In addition to the acts enumerated above. Impose a compulsory and exclusive arrangement whereby an OFW is required to avail of a loan only from specifically designated institutions. Crime Involving Economic Sabotage. accomplices and accessories. For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers' applications.000.

Section 8. (c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five Hundred Thousand Pesos (P500.00). in addition to the penalties herein prescribed.000. Philippine National Police (PNP).(b) The penalty of life imprisonment and a fine of not less than Two Million Pesos (P2. Any government official or employee found to be violating this section shall be charged administratively. DOH. regardless of the status of his/her employment. according to Civil Service Rules and Regulations without prejudice to criminal prosecution. NLRC. POEA. however. CFO. Disqualification. Section 7. DFA. Illegal recruitment cases under this Rule shall prescribe in five (5) years.000. RULE V PROHIBITION OF GOVERNMENT PERSONNEL Section 1.00) nor more than Five Million Pesos (P5. Civil Aviation Authority of the Philippines (CAAP). TESDA. Section 6. A criminal action arising from illegal recruitment as defined under this Rule shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense. In every case. lending institutions.000. and other government agencies involved in the implementation of the Act. rules or regulations. The following personnel shall be prohibited from engaging directly or indirectly in the business of recruitment of migrant workers.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. IC. Prescription. Provided. Venue. he or she shall. NBI. DOJ. . OWWA. Independent Action. Manila International Airport Authority (MIAA). be deported without further proceedings.000. Provided. that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. The filing of an offense punishable under this section shall be without prejudice to the filing of cases punishable under other existing laws. that illegal recruitment cases involving economic sabotage shall prescribed in twenty (20) years.000.000. (a) Any official or employee of the DOLE. training school or medical clinic. If the offender is an alien. That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or nonholder of authority. and (b) Any of his/her relatives within the fourth civil degree of consanguinity or affinity. conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency.00) nor more than One million pesos (P1.000. however. BI. Provided.

during preliminary investigation and during trial in collaboration with the DOJ prosecutors. upon its initiative or upon the petition of any private individual. Legal Assistance. POEA Anti-Illegal Recruitment Programs. Receiving of Complaints for Illegal Recruitment. may initiate the corresponding criminal action with the appropriate office. The POEA adopts policies and procedures. Victims of illegal recruitment and related cases which are administrative or criminal in nature may file with the POEA a report or complaint in writing and under oath for assistance purposes. The POEA shall provide free legal service to victims of illegal recruitment and related cases which are administrative or criminal in nature in the form of legal advice. and/or their relatives. and (d) Information and education campaign. During preliminary investigation. or their duly authorized representatives. institution of criminal actions. the POEA shall coordinate with other appropriate entities in the implementation of said programs. Section 5. assistance in the preparation of complaints and supporting documents.The government agency concerned shall monitor and initiate. shall endorse the case to the proper Prosecution Office for the conduct of preliminary investigation. the POEA Administrator or the DOLE Regional Director. In regions outside the National Capital Region. (b) Prosecution of illegal recruiters. after evaluation and proper determination that sufficient evidence exists for illegal recruitment and other related cases. Section 2. The POEA. (c) Special operations such as surveillance and closure of establishment or entities suspected to be engaged in illegal recruitment. the complainant may avail of legal assistance or counseling from the POEA. The Secretary of Labor and Employment. but not limited to the following: (a) Providing legal assistance to victims of illegal recruitment and related cases which are administrative or criminal in nature. such as but not limited to documentation and counseling. Institution of Criminal Action. complaints and reports involving illegal recruitment may be filed with the appropriate regional office of the POEA or DOLE. Section 3. . Endorsement of Case to the Proper Prosecution Office. or any aggrieved person. action against erring officials and employees. Section 4. prepares and implements intensified programs And strategies towards the eradication of illegal recruitment activities such as. RULE VI ANTI-ILLEGAL RECRUITMENT PROGRAMS Section 1. Whenever necessary.

Affidavits and Testimonies of Operatives. The testimony of the complainants and/or witnesses shall be reduced in writing and signed by them and attested by an authorized officer. Legal Assistance During Trial. as the case may be. the POEA Director of the Licensing and Regulation Office (LRO) shall recommend to the POEA Administrator the institution of criminal action and/or the issuance of a closure order or order of preventive suspension. Section 12. on their own initiative. or their authorized representative is satisfied that such danger or exploitation exists. Implementation of Closure Order. a written order may shall be issued by the POEA Administrator or DOLE Regional Director. may examine personally the complainants and/or their witnesses in the form of searching questions and answers and shall take their testimony under oath. Action on the Complaint/Report. the POEA Administrator or the Regional Director concerned or their duly authorized representatives. POEA and law enforcement agencies who witnessed the acts constituting the offense shall be sufficient basis to prosecute the accused. In the prosecution of offenses punishable under Section 6 of the Act. or their authorized representative is satisfied that such danger or exploitation exists. Affidavits and testimonies of operatives or personnel from the DOLE. If based on a surveillance report. surveillance shall be undertaken at the premises where the alleged illegal recruitment activities are conducted. Within two (2) days from the termination of surveillance. The POEA Administrator or the concerned DOLE Regional Director may conduct an ex parte preliminary examination to determine whether the activities of a non-licensee constitute a danger to national security and public order or will lead to further exploitation of job seekers. Issuance of Closure Order. or preliminary examination of the complainants. In case of a business establishment whose license or permit to operate a business was issued by the local government. Where the complaint/report alleges that illegal recruitment activities are ongoing. the POEA Administrator or the Regional Director concerned shall likewise recommend to the granting authority the immediate cancellation/revocation of the license or permit to operate its business.Section 6. A closure order shall be served upon the offender or the person in charge of the subject establishment. Section 9. allow the POEA lawyers to take the lead in prosecution. The POEA lawyers who act as special counsels during preliminary investigation and/or as collaborating attorneys of the public prosecutors of the DOJ during court hearings shall be entitled to receive additional allowances in such amounts as may be determined by the Administrator. Section 10. Special Allowance for Lawyers of the Prosecution Division. If illegal recruitment activities are confirmed. a written order shall be issued by the POEA Administrator for the closure of the establishment being used for illegal recruitment activity. the Secretary of Labor and Employment. the POEA Administrator or DOLE Regional Director. in certain cases. the Anti-Illegal Recruitment Branch of the POEA shall collaborate with the public prosecutors of the DOJ and. The POEA and/or designated officials in the DOLE regional offices may. a report supported by an affidavit shall be submitted to the Director-LRO or the Regional Director concerned. Section 8. conduct surveillance on the alleged illegal recruitment activities. Section 7. Surveillance. The closure shall be effected by sealing and . For this purpose. Section 11.

Section 14. Motion to Lift a Closure Order. Report on Implementation. A motion to lift a closure order which has already been implemented may be entertained only when filed with the Licensing and Regulation Office (LRO) within ten (10) calendar days from the date of implementation. Section 17. Institution of Criminal Action Upon Closure Order. The motion shall be verified and shall clearly state the grounds upon which it is based. the assistance and support of the appropriate law enforcement agencies may be requested for this purpose. or any law enforcement agencies or any aggrieved person may initiate the corresponding criminal action with the appropriate prosecutor's office. (b) The building administrator or his/her duly authorized representative. (c) That the office is shared by a person/entity not involved in illegal recruitment activities. The motion to re-open may be filed only by the following: (a) The owner of the building or his/her duly authorized representative. or (d) Any other analogous ground that the POEA may consider as valid and meritorious. Section 15. Section 16. stating the details of the proceedings undertaken shall be submitted to the Director-LRO or the Regional Director concerned. whether directly or indirectly. . The POEA Administrator or the DOLE Regional Director. (a) That the office is not the subject of the closure order. A motion to lift which does not conform to the requirements herein set forth shall be denied. Whenever necessary. Who May File a Motion to Reopen the Establishment. within two (2) days from the date of implementation. A report on the implementation of the closure order executed under oath. as the case may be. or their duly authorized representatives. Grounds for Reopening the Establishment. All officers and responsible employees of the entity engaged in illegal recruitment activities shall be ordered included in the List of Persons with Derogatory Record and be disqualified/barred from participating in the overseas employment program of the government. Section 18. attaching supporting documents.padlocking the establishment and posting of notice of such closure in bold letters at a conspicuous place in the premises of the establishment. Section 13. (b) That the contract of lease with the owner of the building or the building administrator has already been cancelled or terminated. The request to re-open shall be duly supported by an affidavit of undertaking either of the owner of the building or the building administrator that the same will not be leased/rented to any other person/entity for recruitment purposes without the necessary license from the POEA. (c) Any other person or entity legitimately operating within the premises closed/padlocked whose operations/activities are distinct from the recruitment activities of the person/entity subject of the closure order. Effect of Closure Order.

other Government Agencies and NGOs. Who May File Motion to Lift a Closure Order. Monitoring of Establishments. Pre-Employment Orientation Seminar (PEOS). Section 24. The order of the POEA Administrator denying the motion to lift a closure order and/or motion to reopen may be appealed to the Secretary of Labor and Employment within ten (10) days from receipt thereof. Where a re-opened office is subsequently confirmed as still being used for illegal recruitment activities. The POEA shall maintain and strengthen its partnership with LGUs. responsibilities and obligations of migrant workers. rights. The POEA shall monitor establishments that are subject of closure orders. other government agencies and NGOs advocating the rights and welfare of OFWs for the purpose of dissemination of information on all aspects of overseas employment. The verified motion to lift closure order may be filed only by the person or entity against whom the closure order was issued and implemented or a duly authorized representative. a new closure order shall be issued which shall not be subject to a motion to lift. Section 21. pamphlets. For this purpose. the POEA shall continuously provide the concerned entities with updated lists of licensed agencies and entities and information materials such as brochures. The POEA shall inform migrant workers not only of their rights as workers but also of their rights as human beings. instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. Lifting of the closure order may be granted on any of the following grounds: (a) The person/entity is later found out or has proven that it is not involved in illegal recruitment activities. or (b) Any other analogous ground that the POEA may consider as valid and meritorious. Lifting of a closure order is without prejudice to the filing of criminal complaints with the appropriate office against the person alleged to have conducted illegal recruitment activities.Section 19. RULE VII MONEY CLAIMS . Appeal. whether directly or indirectly. Grounds for Lifting A Closure Order. posters as well as recent anti-illegal recruitment laws and regulations for distribution to their respective constituents. The POEA shall strengthen its comprehensive Pre-Employment Orientation Program through the conduct of seminars that will discuss topics such as legal modes of hiring for overseas employment. Section 23. Section 20. Section 22. Partnership with LGUs. health issues. prevention and modus operandi of illegal recruitment and gender sensitivity.

the worker shall be entitled to the full reimbursement of his placement fee with interest of twelve per cent (12%) per annum. with interest of twelve per cent (12%) per annum. Compromise Agreement. within ninety (90) calendar days after the filing of the compliant. the Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide. Joint and Several Liability. The liability of the principal/employer and the recruitment/placement agency on any and all claims under this Rule shall be joint and several. from participating in the Philippine Overseas Employment Program and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgment award. Endeavor to update and keep abreast with the developments in the global services industry. moral. Consistent with the mandate in the preceding section. Jurisdiction of Labor Arbiters. or any unauthorized deduction from the migrant worker's salary. valid or authorized cause as defined by law or contract. shall themselves be jointly and severally liable with the corporation or partnership for the aforesaid claims and damages. it shall be automatically disqualified. plus his salaries for the unexpired portion of his employment contract or three (3) months for every year of the unexpired term.Section 1. shall be answerable for all money claims or damages that may be awarded to the workers. Section 5. unless a different period is agreed upon by the parties and approved by the appropriate authority. In case of termination of overseas employment without just. as provided by law. without further proceedings. Section 4. In case of final and executory judgment against a foreign employer/principal. from the date the deduction was made. . as the case may be. If the recruitment/placement agency is a juridical being. the NLRC shall: a. amicable settlement or voluntary agreement on money claims inclusive of damages under this Rule shall be paid within thirty (30) days from the approval of the settlement by the appropriate authority. In case of any unauthorized deduction. The performance bond to be filed by the recruitment/ placement agency. the worker shall be entitled to the refund of the deductions made. and b. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. Updates in the Global Services Industry. This liability shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. Any compromise. exemplary and other forms of damages. whichever is less. Notwithstanding any provision of law to the contrary. amendment or modification of the contract made locally or in a foreign country. the corporate officers and directors and partners. Section 3. Section 6. Effect of Illegal Termination and/or Deduction. Section 2. Effect of Final and Executory Judgment. Participate in international or local conferences involving migration issues and in relevant overseas missions. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution.

The DFA shall continue to advocate in international and regional for the protection and promotion of the rights and welfare of overseas Filipino workers by taking the lead and/or actively participating in the crafting of international and regional conventions/declarations/ agreements that protect their rights and promote their welfare. the DFA is mandated to formulate and implement policies and programs to promote and protect the rights and welfare of Filipino migrants. shall endeavor to improve the conditions of overseas Filipino workers. the NLRC or any party in interest shall furnish the POEA a certified true copy of the sheriff's return indicating the failure to fully satisfy a final and executory judgment against a foreign employer/principal. Section 4. Assistance to nationals is the third pillar of the Philippine foreign policy. In receiving countries where there are Philippine consulates. RULE IX LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS . act as one country-team with a mission under the leadership of the ambassador. Regional and Bilateral Initiatives to Protect Overseas Filipino Workers. 292). Negotiations of International Agreements. through its foreign service posts. International. such consulates shall also constitute part of the country-team under the leadership of the ambassador. the case shall be submitted for voluntary arbitration in accordance with Articles 261 and 262 of the Labor Code. It shall establish harmonious working relations with the receiving countries through. The DFA. and provide consular and legal assistance to overseas Filipinos in distress. Should the disqualified foreign employer/principal fully satisfy the judgment award. the NLRC or any party in interest shall furnish the POEA a certified true copy of the sheriff's return indicating full compliance with the judgment which may be a basis to lift the disqualification.For this purpose. directing. In the implementation of the country-team approach. as amended. One Country-Team Approach. regardless of their mother agencies shall. Voluntary Arbitration. coordinating and evaluating the total national effort in the field of foreign relations pursuant to the Revised Administrative Code (Executive Order No. Section 3. visiting Philippine delegations shall be provided full support and information. For OFWs with collective bargaining agreements. all officers. Pursuant to the Philippine Foreign Service Act of 1991 and the Migrant Workers and Overseas Filipino Act. the forging of bilateral agreements/arrangements or other forms of cooperation. Section 2. organizing. representatives and personnel posted abroad. on a per country basis. Section 7. The DFA shall be the lead agency that shall advise and assist the President in planning. among others. Assistance to Nationals as the Third Pillar of Philippine Foreign Policy. Under the country-team approach. RULE VIII ROLE OF DFA Section 1.

in order to assist him/her in the effective discharge of the functions of his/her Office. OWWA and other government agencies concerned. as well as with non-governmental organizations assisting migrant workers. The Legal Assistant for Migrant Affairs under the Department of Foreign Affairs shall be primarily responsible for the provision and over-all coordination of all legal assistance services to Filipino Migrant Workers as well as Overseas Filipinos in distress. (e)Keep and maintain an information system for migration as provided in Section 20 of the Act. necessary or incidental to the performance of his/her mandate. He/she shall have authority to hire private lawyers. Section 3. rank. Function and Responsibilities. criteria and procedures of the DFA. subject to approved guidelines and procedures. (f) Prepare its budget for inclusion in the Department of foreign Affair's budget in the annual General Appropriations Act. (c) When necessary. It shall be used inter alia for the following specific purposes: (a) In the absence of a counsel de oficio or court-appointed lawyer. payment of attorney's fees to foreign lawyers for their services in representing migrant workers facing criminal and labor cases abroad. and other civil society organizations. provided. reputable law firms. to ensure effective coordination in providing legal assistance to migrant workers. to complement government services and resources to provide legal assistance to migrant workers. procedures and criteria for the provision of legal assistance services to Filipino Migrant Workers. (d) Administer the Legal Assistance Fund for Migrant Workers and to authorize its disbursement. The Legal Assistant for Migrant Workers Affairs shall be headed by a lawyer of proven competence in the field of law with at least ten (10) years experience as a legal practitioner and who must not have been a candidate to an elective office in the last local or national elections. salary. and shall head the Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) of the Department of Foreign Affairs.Section 1. domestic or foreign. Section 2. tap the assistance of the Integrated Bar of the Philippines (IBP). other bar associations. Legal Assistance Fund. and (g) Perform such other functions and undertake other responsibilities as may be useful. The Legal Assistance Fund created under the Act shall be used exclusively to provide legal services for Migrant Workers and Overseas Filipinos in distress in accordance with approved guidelines. (b) Establish close linkages with the DOLE. legal experts on labor. disposition and disbursement. he/she shall discharge the following duties and functions: (a) Issue the guidelines. migration and human rights laws. He/she shall have the title. and privileges of an Undersecretary of Foreign Affairs. In the exercise of these primary responsibilities. Qualifications and Authority. He/she shall be appointed by the President of the Philippines. . or in filing cases against erring or abusive employers abroad. POEA. governing its use.

POLO Functions. It shall also formulate and implement. charges and other reasonable litigation expenses when so recommended by their lawyers. and (c) Court fees. and taking into consideration the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. It shall be responsible for the regulation and management of overseas employment from the pre-employment stage. when necessary. to other overseas Filipinos. POEA Section 3.that no amount shall be disbursed for the appeal of cases except when the penalty meted is life imprisonment or death or under meritorious circumstances as determined by the Undersecretary for Migrant Workers Affairs. securing the best possible employment terms and conditions for overseas Filipino workers. A. b. The DOLE overseas operating arm shall be the POLO. On-Site Protection. . The DOLE shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable. RULE X ROLE OF DOLE Section 1. which shall have the following functions and responsibilities: a. (b) Bail bonds to secure the temporary release of workers under detention upon the recommendation of the lawyer and the foreign service post concerned. d. including the grant of legal assistance and the referral to proper medical centers or hospitals. Section 2. consistent with the principles of the Act. in general. Monitor and report to the Secretary of Labor and Employment on situations and policy developments in the receiving country that may affect OFWs in particular and Philippine labor policies. Ensure the promotion and protection of the welfare and interests of OFWs and assist them in all problems arising out of employer-employee relationships. Coordinate the DOLE's employment promotion mandate. and f. e. Such other functions and responsibilities as may be assigned by the Secretary of Labor and Employment. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. Verify employment contracts and other employment-related documents. The POEA shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. Supervise and coordinate the operations of the Migrant Workers and Other Overseas Filipinos Resource Center. c. in coordination with appropriate entities concerned. Regulation of Private Sector.

247. In the recruitment and placement to service the requirements for trained and competent Filipino workers of foreign governments and their instrumentalities. the POEA shall. which are administrative in character. Foreign Employers Guarantee Fund. (Based on jurisdictional areas under the POEA Charter or E. All pre-employment/recruitment violation and disciplinary action cases shall be barred if not commenced or filed with the Administration within three (3) years after such cause of action accrued. establish and administer a Foreign Employers Guarantee Fund which shall be answerable for the workers' monetary claims arising from breach of contractual obligations. The Administration shall recruit and place workers primarily on government-to-government arrangements. in the exercise of adjudicatory power. at the option of the complainant. involving or arising out of violations of Rules and Regulations relating to licensing and registration. Jurisdiction of the POEA. Disciplinary action cases and other special cases shall be filed with the POEA Adjudication Office. For pre-employment/recruitment violation cases. involving employers.O. and such other employers as public interests may require. the Administrator. including refund of fees collected from the workers and violation of the conditions for issuance of license to recruit workers. Section 6. Prescriptive Period. Any aggrieved person may file a complaint in writing and under oath for violation of the Labor Code and the POEA Rules and Regulations and other issuances. Hiring through the POEA. may conduct proceedings based on reports of violations or any of the grounds for disciplinary actions provided in the POEA Rules and Regulations and other issuances on overseas employment. or cancellation or revocation of license. Who may file. may impose the penalty of reprimand. subject to preliminary evaluation. through relevant guidelines. as amended. contracting partners and OFWs processed by the POEA. and provided further that such countries shall observe and/or comply with the international laws and standards for migrant workers. The office where the complaint was first filed shall take cognizance of the case. Section 7. suspension. For this purpose. However. Pre-employment/recruitment violation cases may be filed with the POEA Adjudication Office or at any DOLE/POEA regional office of the place where the complainant applied or was recruited. The POEA shall exercise original and exclusive jurisdiction to hear and decide: (a) all cases which are administrative in character. . Venue. For migrant workers recruited by the POEA on a government to government arrangement.) (b) disciplinary action cases and other special cases. Section 9. Imposition of Administrative Penalty. Section 8. the Administration shall deploy only to countries where the Philippines has concluded bilateral agreements or arrangements: Provided that such countries shall guarantee to protect the rights of Filipino migrant workers.Section 4. the Administration. principals. an aggrieved person is one who is prejudiced by the commission of a violation or any of the grounds for disciplinary actions provided in the POEA Rules and Regulations. Section 5. on its own initiative. Section 10.

In the implementation of OWWA welfare programs and services and in line with the One-Country Team Approach for on-site services. Make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or problems brought to his/her attention. in coordination with appropriate government and non-government agencies. Section 11. The NRCO shall undertake the following: . B. which shall provide the mechanism of their reintegration into Philippine society. Functions of the NRCO. Provide the Filipino migrant worker and his/her family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. the coordinating officer shall: 1. For disciplinary action cases against workers.Where the penalty of suspension is imposed. conciliation may continue at the OWWA Central Office. Section 13. the Technology Resource Center (TRC). TESDA. and tap their skills and potentials for national development. Establishment of the National Reintegration Center for OFWs. Programs and Services. Assistance in the Enforcement of Contractual Obligations. The NRCO shall be attached to the Office of the Administrator of OWWA for supervision and policy guidance. The OWWA shall continue to formulate and implement welfare programs for overseas Filipino workers and their families in all phases of overseas employment. It shall also ensure the awareness by the OFWs and their families of these programs and other related government programs. or in any OWWA Regional Welfare Office. the Administrator may impose disqualification from the overseas employment program. OWWA Section 12. C. The NRCO shall. and other government agencies involved in training and livelihood development shall give priority to household service workers and entertainers. the Welfare Officer or in his/her absence. the Administrator may likewise impose suspension or disqualification. Appeal. serve as a promotion house for their local employment. and 2. The NRCO is hereby created in the Department of Labor and Employment for returning Filipino migrant workers. serve as a One-Stop Center that shall address the multi-faceted needs of OFW-returnees and their families. Section 15. If there is no final settlement at the jobsite and the worker is repatriated back to the Philippines. For this purpose. NRCO Section 14. The decision of the Administration may be appealed to the Secretary of Labor and Employment within fifteen (15) days from the receipt of the Decision.

(g) Develop capacity-building programs for returning overseas Filipino workers and their families. implementers. Formulation of Program. Establishment of Migrant Workers and other Overseas Filipino Resource Center. service providers and international organizations. 1avvphi1 When the Migrant Workers and other Overseas Filipinos Resource Center is established outside the premises of the Embassy or Consulate. The Migrant Workers and other Overseas Filipinos Resource Center shall provide the following services: . D. better wage employment. (h) Conduct research for policy recommendations and program development. (f) Maintain an internet-based communication system for on-line registration of returning OFWs and interaction with clients. the Department of Foreign Affairs shall exert its best effort to secure appropriate recognition from the receiving government in accordance with applicable laws and practices. Migrant Workers and Other Overseas Filipinos Resource Center Section 17. as determined by the Secretary of Labor and Employment. A Migrant Workers and other Overseas Filipinos Resource Center shall be established in countries where there are large concentration of OFWs. livelihood and entrepreneurial development. It shall be established within the premises of the Philippine Embassy or the Consulate and be under the administrative jurisdiction of the Philippine Embassy. (c) Institute. savings. (e) Develop and implement other appropriate programs to promote the welfare of returning Filipino migrant workers. (b) Coordinate with appropriate stakeholders. OWWA. a computer-based information system on returning Filipino migrant workers which shall be accessible to all local recruitment agencies and employers. within sixty (60) days from effectivity of these Rules. TESDA.(a) Develop and support programs and projects for livelihood. (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. and (i) Undertake other programs and activities as may be determined by the Secretary of Labor and Employment. both public and private. development and the full utilization of overseas Filipino worker returnees and their potentials. Section 18. and stakeholders. Services. in cooperation with other government agencies concerned. and investment of savings. Section 16. and POEA shall. investments and financial literacy for returning Filipino migrant workers and their families in coordination with relevant stakeholders. service providers and relevant international organizations for the promotion. entrepreneurship. and maintain and upgrade computer-based service capabilities of the NRCO. formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings. The DOLE. service providers.

Each Migrant Workers and Other Overseas Filipinos Resource Center shall be staffed by Foreign Service personnel. Section 19. Public Relations Officer or Case Officer conversant. Monitoring of the daily situation. Psychologists. Orientation program for returning workers and other migrants.a. d. Individual volunteers and representatives from bona fide non-government organizations from the receiving countries. in accordance with this Rule. Registration of irregular/undocumented workers to bring them within the purview of the Act. circumstances and activities affecting migrant workers and other overseas Filipinos. Gender-sensitive programs and activities to assist particular needs of migrant workers. if available and necessary as determined by the Labor Attaché in consultation with the Chief of Mission. such as training and skills upgrading. b. and a Shari'a or Human Rights Lawyer. Personnel. c. i. advisory programs to promote social integration such as post-arrival orientation. settlement and community networking services and activities for social interaction. g. with the local language. h. Section 20. b. e. customs and practices. and/or d. Legal Officers (POEA/NLRC/DOLE) and such other professionals deemed necessary by the Secretary of Labor and Employment. The POLO through the Labor Attaché shall supervise and coordinate the operations of the Migrant Workers and other Overseas Filipinos Resource Center and . orally and in writing. in highly problematic countries as categorized by the DFA and DOLE and where there is a concentration of Filipino migrant workers. and k. Administration of the Center. Information. Ensuring that labor and social welfare laws in the receiving country are fairly applied to migrant workers and other overseas Filipinos. Conciliation of disputes arising from employer-employee relationship. f. Counseling and legal services. c. Human resource development. Social Workers. a Labor Attaché and other service attachés or officers who represent Philippine government agencies abroad. laws. The following personnel may be assigned to the Center: a. Welfare assistance including the procurement of medical and hospitalization services. Implementation of DOLE and OWWA Programs. j.

However. including the costs of services and programs not specially funded under the Act. (b) The Filipino migrant workers shall only be required to undergo health examinations when there is reasonable certainly by the hiring recruitment/manning agency pursuant to POEA Rules and Regulations that he/she will be hired and deployed to the jobsite and only those health examinations which are absolutely necessary for the type of job applied for those specifically required by the foreign employer shall be conducted.shall keep the Chief of Mission informed and updated on all matters affecting it at least quarterly through a written report addressed to the Chief of Mission. The DOH shall set a minimum and maximum range of fees for the different examinations to be conducted. the salaries and allowances of overseas personnel shall be sourced from the respective agencies' budgets. dental. regularly monitored and duly published to ensure that the said fees are reasonable and not exorbitant. Section 22. the DOH shall ensure that: (a) The fees for the health examinations are regulated. shall be sourced from the General Appropriations Act (GAA) and shall be included in the annual budget of the DOLE. physical. A counterpart 24-hour Information and Assistance Center to ensure a continuous network and coordinative mechanism shall be established at the DFA and the DOLE/OWWA. The establishment. hereinafter referred to as health examinations. optical. Budget. (e) Within a period of three (3) years from the effectivity of the Act. The applicant-worker shall pay directly to the DOH-accredited medical clinics or health facilities where the PEME is to be conducted. Regulation of Medical Clinics. which requires overseas Filipino workers to go first to an office for registration and then farmed out to a medical clinic located elsewhere. (d) Every Filipino migrant worker shall have the freedom to choose any of the DOHaccredited or DOH-operated clinics that will conduct his/her health examinations and that his/her rights as a patient are respected. RULE XI ROLE OF DOH Section 1. Pre-Employment Medical Examinations (PEME) for overseas work applicants shall be performed only in DOH-accredited medical clinics and health facilities utilizing the standards set forth by DOH. Round-the Clock Operations. on Filipino migrant workers as requirement for their overseas employment. based on a thorough and periodic review of the cost of health examinations and after consultation with concerned stakeholders. (c) No groups of medical clinics shall have a monopoly of exclusively conducting health examinations on migrant workers for certain receiving countries. yearly maintenance and operating costs of the Migrant Workers and other Overseas Filipinos Resource Centers. Sundays and holidays. shall not be allowed. The decking practice. The Migrant Workers and other Overseas Filipino Resource Center shall operate on a 24-hour basis including Saturdays. Section 21. all DOH regional and/or provincial hospitals under local government units shall establish and operate clinics that can serve the health examination requirements of Filipino migrant workers to provide them easy . psychological and other similar examinations. Pursuant to this. The Department of Health (DOH) shall regulate the activities and operations of all clinics which conduct medical.

Launch an aggressive campaign against illegal recruitment.access to such clinics all over the country and lessen their transportation and lodging expenses. Section 5. They shall provide legal assistance to victims of illegal recruitment and. Role in Anti-Illegal Recruitment and the Overseas Employment Program. suffer the penalty of revocation of its DOH-accredited if after investigation. Any government official or employee who violates any provision of this Rule shall be removed or dismissed from service with disqualification to hold any appointive public office for five (5) years. in addition to any other liability it may have incurred. Any DOH-accredited clinic which violates any provisions of this section shall. and (f) All DOH-accredited medical clinics. conducting health examinations for Filipino migrant workers shall observe the same standard operating procedures and shall comply with internationally-accepted standards in their operations to conform with the requirements of receiving countries or of foreign employers/principals. Any foreign employer who does not honor the results of valid health examinations conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified from participating in the overseas employment program. and non-government organizations advocating the rights and welfare of OFWs. the medical clinic or health facility that conducted the health examination/s of such OFW shall pay for his/her repatriation back to the Philippines and the cost of deployment of such worker. when necessary. Within sixty (60) days from effectivity of these Rules. Issuance of Guidelines. pursuant to POEA Rules and Regulations. In the fight against illegal recruitment. in partnership with the POEA. Section 3. Temporary Disqualification of Foreign Employers. the DOH shall issue the pertinent guidelines to implement the provisions of this Rule. Section 2. RULE XII ROLE OF LGUs Section 1. coordinate with appropriate . The temporary disqualification of the employer may be lifted only upon the latter's unqualified acceptance of the result of the examination. rules or regulations. Liability of Government Personnel for Nonfeasance and Malfeasance of their Duties under the Act. the medical reason for repatriation could have been detected at the time of examination using the DOH PEME package as required by the employer/principal or the receiving country. Liability of Medical Clinic or Health Facility. the following shall be undertaken by the LGUs: a. Section 4. other concerned government agencies. the local government units (LGUs) and the Department of the Interior and Local Government (DILG). Such penalty is without prejudice to any other liability which he/she may have incurred under existing laws. In case an OFW is found to be not medically fit within fifteen (15) days upon his/her arrival in the country of destination. To carry out this task. including the DOH-operated clinics. shall take a proactive stance by being primarily responsible for the dissemination of information to their constituents on all aspects of overseas employment.

name. as far as practicable. including plane fare. All costs attendant thereto shall be borne by the principal. job category. the principal or agency may recover the cost of repatriation from the worker if the termination of employment was due solely to his/her fault. The repatriation of the worker or his/her remains.government agencies regarding the arrest and/or prosecution of illegal recruiters. Section 3 Repatriation Procedure. by country or state of destination. within 48 hours from such . civil status. Establish and maintain a database pertaining to a master list of OFWs residing in their respective localities. b. gender. be fully computerized and shall be linked to the database of all concerned government agencies. the principal or employer shall be primarily responsible for securing the visa at no cost to the worker. They shall report any illegal recruitment activity to the POEA for appropriate action. including visa classification. RULE XIII REPATRIATION OF WORKERS Section 1. classified according to occupation. and trained LGU personnel to conduct Pre-Employment Orientation Seminars (PEOS) to their constituents on a regular basis. Section 2. c. after the worker has returned to the country. Provide a venue for the POEA. and the transport of his/her personal effects shall be the primary responsibility of the principal. The agency shall coordinate with the principal or employer in securing the visa. other government agencies. address. the POLO or responsible personnel on-site shall simultaneously notify OWWA and the POEA of such need. employer or the agency concerned. However. and contact number of the employer. Notwithstanding the provisions of Section 37-A of the Act. When a need for repatriation arises and the foreign employer fails to provide for its cost. without a prior determination of the cause of the termination of the worker's employment. In countries where there is a need to secure an exit visa for the worker's repatriation. Establish OFW help desks or kiosks in their localities with the objective of providing current information to their constituents on all the processes and aspects of overseas employment. Such desks or kiosks shall. The POEA shall issue a notice requiring the agency concerned to provide. and the obligation of the worker to refund the cost thereof in case his/her fault is determined by the Labor Arbiter. employer or agency that recruited or deployed him/her abroad. and immigration fines and penalties. Every contract for overseas employment shall provide for the primary responsibility of the principal or employer and agency to advance the cost of plane fare. the primary responsibility to repatriate entails the obligation on the part of the principal or agency to advance the repatriation and other attendant costs. d. deployment cost of the principal. particularly the POEA for its updated lists of overseas job orders and licensed agencies in good standing. NGOs. Obligation to Advance Repatriation Costs. Primary Responsibility for Repatriation. to immediately repatriate the worker should the need for it arise.

which shall then inform OWWA of the action of the agency. Action on Non-Compliance. The administrative sanction shall not be lifted until the agency reimburses the OWWA of the cost of repatriation with legal interest. Section 4. the POEA shall suspend the documentary processing of the agency or impose such sanctions as it may deem necessary. and other similar events without prejudice to reimbursement by the responsible principal or agency within sixty (60) days from notice. the POEA shall suspend the employer or principal from participating in the overseas employment program. and in appropriate situations. Section 6. with international agencies. The OWWA. shall undertake the repatriation of workers in cases of war. Upon discovery or upon being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment. The POEA shall also order the recruitment/manning agency to refund all fees pertinent to the processing of papers or documents in the deployment. The agency shall notify the POEA of such compliance. Mandatory Repatriation of Underage Migrant Workers. natural or man-made. epidemic. . Upon notice from the POEA. the POEA shall simultaneously identify and give notice to the agencies concerned. to the underage migrant worker or to his parents or guardian in a summary proceeding conducted. any agency involved in the worker's recruitment. and/or deployment shall also coordinate with the principal or employer in securing the visa. The refund shall be independent of and in addition to the indemnification for the damages sustained by the underage migrant worker. Other Cases of Repatriation. Moreover. OWWA shall advance the costs of repatriation with recourse to the agency or principal.00).000. disasters or calamities. processing. the plane ticket or the prepaid ticket advice (PTA) to the POLO or Philippine Embassy. and may impose suspension of documentary processing on the agency. The refund shall be paid within thirty (30) days from the date the POEA is officially informed of the mandatory repatriation as provided for in the Act. If the employment agency fails to provide the ticket or PTA within 48 hours from receipt of the notice. the responsible officers in the Foreign Service shall without delay repatriate said workers and advise the DFA through the fastest means of communication available of such discovery and other relevant information.notice.00) but not more than One million pesos (Php1. the POEA shall cancel the license of the recruitment/manning agency that deployed an underage migrant worker after notice and hearing and shall impose a fine of not less than five hundred thousand pesos (Php500. the employer or principal shall have fifteen (15) days from notice to secure such an exit visa. If the principal or employer and/or agency fail to secure the exit visa within a period of fifteen (15) days from receipt of the POEA notice. In such case. Section 7. Emergency Repatriation. In case there is a need to secure an exit visa for the repatriation of the worker. Section 5. In addition to requiring the recruitment/manning agency to pay or reimburse the costs of repatriation.000. in coordination with DFA. if warranted.000.

00) Pesos. Section 8. An Inter-Agency Committee shall be established to implement a shared government information system for migration. Simultaneously. j) Bureau of Immigration. the POEA shall ask the concerned agency to work towards reimbursement of costs advanced by the OWWA. f) Department of Social Welfare and Development. In no case shall a private recruitment/manning agency require any bond or cash deposit from the worker to guarantee performance under the contract or his/her repatriation. without prejudice to the OWWA requiring the agency/employer/insurer or the worker to reimburse the cost of repatriation. k) National Bureau of Investigation. Section 9. .000.000. All costs attendant to repatriation borne by the OWWA may be charged to the Emergency Repatriation Fund provided in the Act. or the worker in appropriate cases. Composition. Emergency Repatriation Fund. Prohibition on Bonds and Deposits. and the worker is in need and without means. d) Department of the Interior and Local Government. The Inter-Agency Committee shall be composed of the following agencies: a) Department of Foreign Affairs: b) Department of Labor and Employment and concerned attached agencies. the OWWA shall make representation with the Office of the President for immediate funding in excess of said amount. c) Department of Justice. In cases where the cost of repatriation shall exceed One Hundred Million (P100. the OWWA shall advance the needed costs from the Emergency Repatriation Fund without prejudice to reimbursement by the deploying agency and/or principal. cannot be located or had ceased operations.In all cases where the principal or agency of the worker cannot be identified. h) Insurance Commission. When repatriation becomes immediate and necessary. g) Department of Tourism. e) Department of Health and concerned attached agencies. in coordination with the DFA. RULE XIV SHARED GOVERNMENT INFORMATION SYSTEM FOR MIGRATION Section 1. shall cause the repatriation in appropriate cases. the OWWA personnel at the jobsite. i) Commission on Filipinos Overseas.

n) National Computer Center. including those serving prison terms. but not be limited to.l) National Telecommunications Commission. Declassification and Sharing of Existing Information. q) Home Development Mutual Fund. civil status. c) Master list of departing/arriving Filipinos. Section 3. including minors. The National Computer Center shall provide the necessary technical assistance and shall set the appropriate information and communications technology standards to facilitate the sharing of information among the member agencies. g) List of labor and other human rights instruments where receiving countries are signatories. The second phase shall involve linkaging of computer facilities systems in order to allow the free-flow data exchanges and sharing among concerned agencies. the following information: a) Master lists of Filipino migrant workers/overseas Filipinos classified according to occupation/job category. which shall be declassified and shared among member agencies. f) Basic data on legal systems. immigration policies. and . marriage laws and civil and criminal codes in receiving countries particularly those with large numbers of Filipinos. d) Statistical profile on Filipino migrant workers/overseas Filipinos/ tourists. and r) Other government agencies concerned with overseas employment. h) A tracking system of past and present gender desegregated cases involving male and female migrant workers. by country/state of destination including visa classification. These shared databases shall initially include. p) National Statistics Office. The Inter-Agency Committee shall convene to identify existing databases. Chair and Technical Assistance. the Inter-Agency Committee shall make available to itself the information contained in existing data bases/files of its member agencies. m) Commission on Information and Communications Technology. The Inter-Agency Committee shall be co-chaired by the Department of Foreign Affairs and the Department of Labor and Employment. Initially. Availability. Section 4. e) Blacklisted foreigners/undesirable aliens. Accessibility and Linkaging of Computer Systems. b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino migrant workers and other Filipino nationals. Section 2. o) National Statistical and Coordination Board.

refer to loans granted to departing migrant workers covered by new contracts to satisfy their pre-departure requirements such as payments for placement/processing fees. the actual budget of the Inter-Agency Committee shall be drawn from the General Appropriations Act in accordance with Section 26 of Republic Act No. Section 6. A secretariat. The Philippine Charity Sweepstakes Office shall allocate an initial amount of P10 Million to carry out the provisions of this Rule. Section 8. Information and data acquired through this shared information system shall be treated as confidential and shall only be used for official and lawful purposes. l) List of recruiters and recruitment agencies with decided/pending criminal/civil/administrative cases. Definitions. Funds. which shall provide administrative and support services to the Inter-Agency Committee shall be based in the DFA. The E-Government Fund may be tapped for purposes of fund sourcing by the Inter-Agency Committee. and for purposes envisioned by the Act. Regular Meetings. Section 7. Confidentiality of Information. Secretariat. The progress of the implementation shall be included in the report of the DFA and the DOLE under Section 33 of the Act. in particular. The Inter-Agency Committee shall meet regularly to ensure the immediate and full implementation of Section 20 of the Act and shall explore the possibility of setting up a central storage facility for the data on migration. cost of clothing and pocket money. k) List of accredited foreign employers. and migrant workers. 10022. including declassification of information. and timeless and availability of data. related to the usual functions of the Inter-Agency Committee members. j) List of licensed recruiters and recruitment agencies. Thereafter.i) List of overseas posts. inter alia: data to be shared. and their dispositions. guidelines. The Inter-Agency Committee shall convene thirty (30) days from effectivity of these Rules to prioritize the discussion of the following. subsistence allowance. Section 5. The Inter-Agency Committee shall establish policies. (a) Pre-Departure Loans . and procedures in implementing this Rule. airplane fare. and m) Such other information as may be deemed necessary by the Inter-Agency Committee. . RULE XV MIGRANT WORKERS LOAN GUARANTEE FUND Section 1. which may render assistance to overseas Filipinos in general. frequency of reporting.

00) from the Capital Funds of OWWA shall constitute the Migrant Workers Loan Guarantee Fund.(b) Family Assistance Loans . (d) GFIs . Section 4. Pursuant to Sec. Loan Guarantee Fund. Section 6. Currently employed migrant workers or their eligible dependents who need emergency financing assistance may avail of the Family Assistance Loan. . Administration of the Fund. The OWWA shall initiate arrangements with GFIs to implement mutually agreed financing schemes. Coverage and Scope. The Fund.000.000. All departing migrant workers who need financial assistance to pay or satisfy their pre-departure expenses may avail of the Pre-Departure Loans. Section 5. Financing Scheme. that will expand the Pre-Departure and Family Assistance Loans. Section 3. which shall be administered by the OWWA. Guarantee Agreement. (b) to establish and operate a guarantee system in order to provide guarantee cover on the pre-departure and family assistance loans of migrant workers who lack or have insufficient collateral or securities. (c) Guarantee Agreement . The Migrant Workers Loan Guarantee Fund is hereby established: (a) to prevent any recruiter from taking advantage of workers seeking employment abroad by expanding the grant of Pre-Departure and Family Assistance Loans to covered migrant workers. 21 of the Act. the amount of One Hundred Million pesos (P100. Section 2. shall be used exclusively to guarantee the repayment of Pre-Departure and Family Assistance Loans granted by participating GFIs. and (c) to ensure the participation of GFIs in extending loan assistance to needy migrant workers who are to be engaged or is engaged for a remunerated activity abroad.refers to a contract between the participating financial institution and OWWA whereby the latter pledges to pay a loan obtained by a migrant worker from the former in case the worker defaults.refer to government financial institutions.refer to loans granted to currently employed migrant workers or their eligible dependents/families in the Philippines to tide them over during emergency situations. All existing revolving funds earmarked for the Pre-Departure and Family Assistance Loans shall revert back to the OWWA Capital Fund.

or by the employee with just cause. at the minimum: (a) Accidental death. Policy Coverage. with at least Fifteen Thousand United States Dollars (US$ 15. providing death certificates. including the transport of his/her personal belongings. The insurance coverage for money claims shall be equivalent to at least three (3) months salaries for every year of the migrant worker's employment contract. obtaining legal clearances. In case of death. complete loss of sight of both eyes. loss of two limbs at or above the ankles or wrists. purchasing the minimally necessary casket or air transport container. permanent complete paralysis of two limbs.00) survivor's benefit payable to the migrant worker's beneficiaries.000. with at least Seven Thousand Five Hundred United States Dollars (US$7. each migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. . locating a local and licensed funeral home. Migrant Workers Covered. the insurance provider shall arrange and pay for the repatriation or return of the worker's remains. including but not limited to. In addition to the performance bond to be filed by the recruitment/manning agency under Section 10 of the Act. (e) Subsistence allowance benefit. RULE XVI COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED WORKERS Section 1. (d) Repatriation cost of the worker when his/her employment is terminated by the employer without any valid cause. completing all documentation.No loan shall be considered covered by a guarantee unless a Guarantee Agreement has been prepared and approved by both the participating financial institution and the OWWA. The following disabilities shall be deemed permanent: total.500) disability benefit payable to the migrant worker. (f) Money claims arising from employer's liability which may be awarded or given to the worker in a judgment or settlement of his/her case in the NLRC.000. brain injury resulting to incurable imbecility or insanity. (c) Permanent total disablement. This provision shall be without prejudice to the provisions of Rule XIII of these Rules and Regulations. mortuary or direct disposition facility to prepare the body for transport. The insurance provider shall also render any assistance necessary in the transport. with at least Ten Thousand United States Dollars (US$ 10. with at least One Hundred United States Dollars (US$100) per month for a maximum of six (6) months for a migrant worker who is involved in a case or litigation for the protection of his/her rights in the receiving country. as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home. Section 2. (b) Natural death. Such insurance policy shall be effective for the duration of the migrant worker's employment contract and shall cover. procuring consular services.00) survivor's benefit payable to the migrant worker's beneficiaries.

evacuation under appropriate medical supervision by the mode of transport necessary shall be undertaken by the insurance provider. It shall then submit the certificate of insurance coverage of the migrant worker to POEA as a requirement for the issuance of Overseas Employment Certificate (OEC) to the migrant worker. Qualification of Insurance Companies. he shall be entitled to a compassionate visit by one (1) family member or a requested individual. including the claims procedure.00) to be determined by the IC. repatriation under medical supervision to the migrant worker's residence shall be undertaken by the insurance provider at such time that the migrant worker is medically cleared for travel by commercial carrier. and (i) Medical repatriation. The insurance company shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the worker. partners. It shall be the duty of the recruitment/manning agency. When an adequate medical facility is not available proximate to the migrant worker. within the fourth civil degree of consanguinity or affinity. Section 5.(g) Compassionate visit. the recruitment/manning agency shall provide an authenticated copy thereof to the migrant worker. When medically necessary as determined by the attending physician. employees or agents with relatives. Medical and non-medical escorts may be provided when necessary. officers.000. the responsibility of the family member or requested individual to meet all visa and travel document requirements. foreign insurance companies shall include entities providing indemnity cover to the vessel. to sufficiently explain to the migrant worker. The recruitment/manning agency shall have the right to choose from any of the qualified insurance providers the company that will insure the migrant worker it will deploy. (h) Medical evacuation. that the minimum coverage under subparagraphs (a) to (i) are included therein. Requirement for Issuance of OEC. Also. For this purpose. employees or agents to disclose any such interest to the IC and POEA. as determined by the insurance company's physician and a consulting physician. however. Duty to Disclose and Assist. After procuring such insurance policy. This provision shall be without prejudice to the provisions of Rule XIII of these Rules and Regulations. such as air ambulance. .000. If the period to receive medical clearance to travel exceeds fourteen (14) days from the date of discharge from the hospital. partners. it shall be the duty of the recruitment/manning agency to assist the migrant worker and/or the beneficiary and to ensure that all information and documents in the custody of the agency necessary for the claim must be readily accessible to the claimant. before his/her departure. who work or have interest in any of the licensed recruitment/manning agencies or in any of the government agencies involved in the overseas employment program shall be disqualified from providing this workers' insurance coverage. in filing a claim with the insurance provider. may be arranged. and with a current year certificate of authority shall be qualified to provide for the worker's insurance coverage. When a migrant worker is hospitalized and has been confined for at least seven (7) consecutive days. It is. and to at least one of his/her beneficiaries the terms and benefits of the insurance coverage. In the case of seafarers who are insured under policies issued by foreign insurance companies. It shall be the duty of the said directors. an alternative appropriate mode of transportation. officers. which are in existence and operational for at least five (5) years. Only reputable private insurance companies duly registered with the (IC). Section 4. with a net worth of at least Five Hundred Million Pesos (Php500. the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided. Section 3. Insurance companies who have directors. in collaboration with the insurance provider.

the amounts provided in Section 2 (a). . Documentary Requirements for Subsistence Allowance Benefit Claim. the embassy or consular official shall issue a certification which states the name of the case.in case of accidental death. (c). Any claim arising from accidental death. no fault or negligence provision of this section shall be determined in accordance with the POEA-SEC or CBA. Section 8. In case of a seafarer. duly authenticated by the Philippine foreign posts. and following the conduct of pre-execution conference. For repatriation under subparagraph (d) of Section 2 of this Rule . The insurance company shall forthwith ascertain the truth and extent of the claim and make payment within ten (10) days from the filing of the notice of claim. Section 9.Section 6. be paid by the foreign insurance company through its Philippine representative to the seafarer/beneficiary without any contest and without any necessity of proving fault or negligence on the part of the seafarer. Documentary Requirements for Accidental or Natural Death or Disablement Claims. natural death or permanent total disablement under Section 2 (a). and (3) Medical Certificate . or (c). as the case may be shall. Notice of Claim. Such certification shall be solely for the purpose of complying with this section. issue a writ of execution mandating the respondent recruitment/manning agency to pay the amount adjudged or agreed upon within thirty (30) days from receipt thereof. Any person having a claim upon the policy issued pursuant to subparagraphs (a). motu proprio or upon motion. Any claim in excess of the amount paid pursuant to the no contest. the Labor Arbiter shall. Documentary Requirement for Repatriation Claim. the following rules shall govern: (1) After a decision has become final and executory or a settlement/compromise agreement has been reached between the parties at the NLRC. (b). Section 7.in case of natural or accidental death.in case of permanent disablement. shall be sufficient evidence to substantiate the claim: (1) Death Certificate . For subsistence allowance benefit under sub-paragraph (e) of Section 2 of this Rule. (d) and (e) of Section 2 of this Rule shall present to the insurance company concerned a written notice of claim together with pertinent supporting documents. in his absence. (2) The recruitment/manning agency shall then immediately file a notice of claim with its insurance provider for the amount of liability insured. within ten (10) days from submission of the above-stated documents. a certification which states the reason/s for the termination of the migrant worker's employment and the need for his/her repatriation shall be issued by the Philippine foreign post or the Philippine Overseas Labor Office (POLO) located in the receiving country. the concerned Labor Attaché or. Such amount received by the seafarer/beneficiary may be entitled to under the provisions of the POEAStandard Employment Contract or collective bargaining agreement (CBA). (2) Police or Accident Report . attaching therewith a copy of the decision or compromise agreement. (b) and (c) shall be paid by the insurance company without any contest and without the necessity of proving fault or negligence of any kind on the part of the insured migrant worker: Provided the following documents. (b). the names of the parties and the nature of the cause of action of the migrant worker. Section 10. Settlement of Money Claims. For the payment of money claims under sub-paragraph (f) of Section 2 of this Rule.

Section 11. the insurance company shall make payment to the recruitment/manning agency the amount adjudged or agreed upon. whether at home or abroad. including conciliation and mediation services. Section 14. taking into account that in case the amount of insurance coverage is insufficient to satisfy the amount adjudged or agreed upon. Optional Coverage. as provided in the first sub-paragraph hereof. Section 12. . or the amount of liability insured. the POEA Foreign Employers Guarantee Fund referred to under Section 5.(3) Within ten (10) days from the filing of notice of claim. (6) The provision of compulsory worker's insurance under this section shall not affect the joint and several liability of the foreign employer and the recruitment/manning agency under Section 10 of the Act. they may opt to be covered by this insurance coverage by requesting their foreign employers to pay for the cost of the insurance coverage or they may pay for the premium themselves. To protect the rights of these workers. For migrant workers recruited by the POEA on a government-to-government arrangement. partners. (7) Lawyers for the insurance companies. the recruitment/manning agency shall pay the amount adjudged or agreed upon within the remaining days of the thirty-day period. For migrant workers classified as rehires. Such penalty is without prejudice to any other liability which such persons may have incurred under existing laws. the said licensed recruitment/manning agency shall lose its license and all its directors. that has become final and executory or a settlement/compromise agreement reached between the parties. In case it is shown by substantial evidence before the POEA that the migrant worker who was deployed by a licensed recruitment/manning agency has paid for the premium or the cost of the insurance coverage or that the said insurance coverage was used as basis by the recruitment/manning agency to claim any additional fee from the migrant worker. Foreign Employers Guarantee Fund. (4) In case the insurance company fails to make payment within ten (10) days from the filing of the claim. shall be prohibited to appear before the NLRC in money claims cases under Rule VII. the recruitment/manning agency's performance bond or escrow deposit shall be forthwith garnished to satisfy the migrant worker's claim. Disputes in the Enforcement of Insurance Claims. the recruitment/manning agency shall immediately pay the migrant worker's claim in full. whichever is lower. officers and employees shall be perpetually disqualified from engaging in the business of recruitment of overseas workers. rules or regulations. Rule X of these Rules shall be answerable for the workers' monetary claims arising from breach of contractual obligations. it is liable to pay the balance thereof. Notwithstanding the preceding paragraph. Liability of Recruitment/Manning Agency. resolution or order. (5) If the worker's claim was not settled within the aforesaid thirty-day period. proprietors. name hires or direct hires. Section 13. the NLRC shall have the exclusive jurisdiction to enforce against the recruitment/manning agency its decision. After receiving the insurance payment. the DOLE and POEA shall provide them adequate legal assistance. unless the latter are impleaded. Any question or dispute in the enforcement of any insurance policy issued under this Rule shall be brought before the IC for mediation or adjudication.

sea-based and land-based sectors respectively. amending and/or repealing these subject provisions. . Automatic Review. NLRC. to be selected and nominated openly by the general membership of the sector being represented. and pursuant to Section 37-A of the Act. The DOLE shall include such assessment in its year-end report to Congress. 6. the IC shall convene the inter-agency committee to commence the formulation of the aforesaid necessary rules and regulations. and other Boards. Within five (5) days from effectivity of these Rules. Notwithstanding any provision of law to the contrary. Administrative monitoring and supervision. Accreditation of insurers. Within thirty (30) days from the effectivity of these Rules. as the lead agency. the DOLE and the IC shall jointly make an assessment of the performance of all insurance providers. the respective boards of the POEA and the OWWA shall have three (3) members each who shall come from the women. Underwriting Guidelines. issue the necessary implementing rules and regulations. in consultation with the recruitment/manning agencies and legitimate non-government organizations advocating the rights and welfare of OFWs. 7. Section 16. 9. Premium rate. and 10. Qualifications of participating insurers. shall. At the end of every year. OWWA. Dispute settlement. Other matters deemed necessary. together with DOLE. without prejudice to an earlier review if necessary and warranted for the purpose of modifying. which shall include the following: 1.Section 15. RULE XVII MISCELLANEOUS PROVISIONS Section 1. and POEA. Section 17. 3. 4. Benefits. and they shall have the authority to ban or blacklist such insurance companies which are known to be evasive or not responsive to the legitimate claims of migrant workers. POEA. Uniform Standard Policy format. 8. 5. Claims procedure. Assessment of Performance of Insurance Providers. The foregoing provisions on mandatory insurance coverage shall be subject to automatic review through the Congressional Oversight Committee immediately after three (3) years from the effectivity of the Act in order to determine its efficacy in favor of the covered OFWS and the compliance by recruitment/manning agencies and insurance companies. 2. Formulation of Implementing Rules and Regulations. based upon the report of NLRC and POEA on their respective interactions and experiences with the insurance companies. the IC.

The selection and nomination of the additional members from the women. and the process of selection of their replacement shall be in accordance with this section. democratic and transparent. within ninety days (90) before the Boards shall be convened. duly registered with the appropriate Philippine government agency and in good standing as such. until a replacement is appointed in accordance with this section. appoint a replacement who shall serve the unexpired term of his/her predecessor. Within thirty (30) days from the submission of the final list referred to under subsection (e). (c) The nominee must be at least 25 years of age. landbased. their positions shall be deemed vacant. he/she shall continue to serve until re-appointed or another person is appointed in accordance with this section. and internal policies of such agencies and corporations. and shall be responsible to provide the list of qualified nominees to the respective Governing Boards. and (e) The final list of all the nominees selected by the OWWA/POEA Governing Boards. at least three (3) times. In case of vacancy. the President shall select and appoint from the list the representatives to the POEA/OWWA Governing Boards. screening and consultation. or sea-based sectors shall serve the remaining portion of their three-year terms. The process shall be open. Incumbent representatives appointed pursuant to this section and who are eligible for reappointment shall be automatically included in the list referred to under subsection (d). Incumbent representatives in the Governing Board with no fixed term shall remain in holdover capacity. If the incumbent is eligible for re-appointment. subject to the respective Charters. sea-based and landbased sectors shall be governed by the following guidelines: (a) The POEA and OWWA shall launch a massive information campaign on the selection of nominees and provide for a system of consultative sessions for the certified leaders or representatives of the concerned sectors. able to read and write. (d) A Selection and Screening Committee shall be established within the POEA and OWWA by the Secretary of Labor and Employment to formulate the procedures on application. shall be submitted to the President and published in a newspaper of general circulation. All other government agencies and government-owned or controlled corporations which require at least one (1) representative from the overseas workers sector to their respective boards shall follow all the applicable provisions of this section. The existing members of the Governing Boards of POEA and OWWA representing the women. and a migrant worker at the time of his/her nomination or was a migrant worker with at least three (3) years experience as such. in accordance with the provisions of the Act. which shall consist of three (3) names for each sector to be represented. and in existence for at least three (3) years prior to the nomination shall be qualified to nominate a representative for each sector to the Board. (b) Only non-government organizations that protect and promote the rights and welfare of overseas Filipino workers. Implementing Rules and Regulations. . for purposes of selection. Thereafter. The members shall have a term of three (3) years and shall be eligible for reappointment for another three (3) years. the President shall.

and (f) Status of negotiations on bilateral labor agreements between the Philippines and the receiving country. shall be subject to an administrative penalty of dismissal from the service with disqualification to hold any appointive public officer for five (5) years. the following information: (a) Master list of Filipino migrant workers. In case of OFWs whose remittances are sent through the banking system. All other services rendered by the DOLE and other government agencies in connection with the recruitment and placement of and assistance to migrant workers shall be rendered free. yet fails to submit the aforesaid Report to Congress. The remittances of all OFWs. a duplicate copy or a certified true copy of the valid proof of entitlement referred to above shall be secured by the OFW from the POEA or OWWA. without justifiable cause. A proof of entitlement that is no longer valid shall not entitle an OFW to DST payment exemption. The mid-year report covering the period January to June shall be submitted not later than October 31 of the same year while the yearend report covering the period July to December shall be submitted not later than May 31 of the following year. credited to beneficiaries or recipient's account in the Philippines and withdrawn through an automatic teller machine (ATM). In addition to the original copy. it shall be the responsibility of the OFW to show the valid proof of entitlement when making arrangement that for his/her remittance transfers.Section 2. countries receiving Filipino migrant workers. Effect on Failure to Report. (b) Working conditions of Filipino migrant workers. The migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of the Overseas Employment Certificate (OEA) issued by the POEA. but shall not be limited to. The administrative cost thereof shall not be borne by the worker. shall be exempt from the payment of documentary stamp tax (DST) as imposed under Section 181 of the National Internal Revenue Code. (e) Changes in the laws and policies of host countries. or exercising consular jurisdiction over. Administrative Costs and Taxes. . Government Fees. Section 3. Section 4. (c) Problems encountered by the migrant workers. specifically violations of their rights. as amended. upon showing of the OEC or valid OWWA Membership Certificate by the OFW beneficiary or recipient. The report shall include. the DFA and the DOLE shall submit separately to the said body a semi-annual report of Philippine foreign posts located in. and inventory of pending cases involving them and other Filipino nationals including those serving prison terms. Report to Congress. Any officer of the government who has the legal duty to report. (d) Initiatives/actions taken by the Philippine foreign posts to address the problems of Filipino migrant workers. In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 of the Act. All fees for services being charged by any government agency on migrant workers prevailing at the time of the effectivity of this Rule shall not be increased. which shall be held and used by his/her beneficiary in the availment of the DST exemption.

The Bureau of Internal Revenue (BIR), under the Department of Finance, may promulgate revenue
regulations deemed to be necessary and appropriate for the effective implementation of the
exemption of OFWs from DST and travel tax.
Section 5. Establishment of the Congressional Migrant Workers Scholarship Fund.
There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit
deserving migrant workers and/or their immediate descendants who intend to pursue courses or
training primarily in the field of science and technology, as defined by the DOST.
The fund of One Hundred Fifty Million Pesos (P150,000,000.00) shall be sourced from the proceeds
of Lotto draws.
Section 6. Creation of the Scholarship Fund Committee. There is hereby created a Scholarship
Fund Committee to be composed of representatives from the DOLE, DOST, POEA, OWWA, TESDA
and two (2) representatives of migrant workers to be appointed by the Secretary of Labor and
Employment.
Section 7. Functions of the Scholarship Fund Committee.
(a) To set the coverage, criteria and standards of admission to the Scholarship Program;
(b) To determine the amount of availment;
(c) To monitor and evaluate the program;
(d) To identify/accredit training and testing institutions; and
(e) To perform such other functions necessary to attain the purpose of the Fund.
Section 8. Implementing Agency. The OWWA shall be the Secretariat of the Scholarship Fund
Committee. As such, it shall administer the Scholarship Program, in coordination with the DOST.
RULE XVIII
FUNDING
Section 1. Sources of Funds. The departments, agencies, instrumentalities, bureaus, offices and
government-owned and controlled corporations charged with carrying out the provisions of the Act
shall include in their respective programs the implementation of the Act, the funding of which shall be
included in the General Appropriations Act.
RULE XIX
MIGRANT WORKERS DAY
Section 1. Commemoration. The DOLE shall lead and enlist the cooperation of other government
agencies in the commemoration of a Migrant Workers Day on 7 June of every year.
RULE XX
TRANSITORY PROVISIONS

Section 1. Applicability of Criteria for Receiving Countries. In compliance with Section 4 of the Act,
the DFA shall, within 90 days from effectivity of these Rules and Regulations, issue the certification
for countries where the Philippines maintains an embassy.
In countries where the Philippine Embassy exercises concurrent jurisdiction and where the
Ambassador is non-resident, the DFA shall have one hundred twenty days (120) from the effectivity
of these Rules to issue the certification required in Section 4 of the Act. Prior to the expiration of the
aforesaid period, the secretary of Foreign Affairs, in consultation with the Secretary of Labor and
Employment, shall allow the reasonable extension of the period for the issuance of the certification
upon a determination that there is a need therefor.
Pending the issuance of the required certifications of compliance or determinations of noncompliance and within the periods mentioned in the preceding paragraphs, the deployment of
migrant workers overseas shall proceed on a status quo basis.
For purposes of issuance of the certifications, the DFA shall, in consultation with the POEA, issue a
standard format to be accomplished by all Foreign Service posts.
Section 2. Effectivity of Compulsory Insurance Requirement. All OFWs who were issued Overseas
Employment Certificates prior to the effectivity of the necessary rules and regulations referred to
under Section 15 of Rule XVI shall not be covered by the compulsory insurance requirement.
RULE XXI
FINAL PROVISIONS
Section 1. Repealing Clause. All Department Orders, Circulars and implementing Rules and
Regulations inconsistent with these Omnibus Rules and Regulations are hereby repeated or
amended accordingly.
Section 2. Effectivity. - The provisions of these Rules and Regulations shall take effect fifteen days
(15) after publication in two (2) newspapers of general circulation.
Done in the City of Manila, this 8th day of July, 2010.
ALBERTO G. ROMULO
Secretary
Department of Foreign Affairs
ROSALINDA DIMAPILIS-BALDOZ
Secretary
Department of Labor and Employment
ENRIQUE T. ONA
Secretary
Department of Health
GERARDO BENJAMIN C. NOGRALES
Chairman
National Labor Relations Commission (NLRC)

MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 1689 April 6, 1980
INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA
WHEREAS, there is an upsurge in the commission of swindling and other forms of frauds in rural
banks, cooperatives, "samahang nayon (s)", and farmers' associations or corporations/associations
operating on funds solicited from the general public;
WHEREAS, such defraudation or misappropriation of funds contributed by stockholders or members
of such rural banks, cooperatives, "samahang nayon(s)", or farmers' associations, or of funds
solicited by corporations/associations from the general public, erodes the confidence of the public in
the banking and cooperative system, contravenes the public interest, and constitutes economic
sabotage that threatens the stability of the nation;
WHEREAS, it is imperative that the resurgence of said crimes be checked, or at least minimized, by
imposing capital punishment on certain forms of swindling and other frauds involving rural banks,
cooperatives, "samahang nayon(s)", farmers' associations or corporations/associations operating on
funds solicited from the general public;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby decree and order as follows:
Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in
Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment
to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons
formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme,
and the defraudation results in the misappropriation of money contributed by stockholders, or
members of rural banks, cooperative, "samahang nayon(s)", or farmers association, or of funds
solicited by corporations/associations from the general public.
When not committed by a syndicate as above defined, the penalty imposable shall be reclusion
temporal to reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.
Section 2. This decree shall take effect immediately.
DONE in the City of Manila, this 6th day of April, in the year of Our Lord, nineteen hundred and
eighty.
MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979

item. conceal. I.000 pesos.000 pesos. or shall buy and sell. if the value of the property involved is more than 12. or should be known to him.net WHEREAS.WHEREAS. . (c) The penalty of prision correccional in its minimum and medium periods. Title. FERDINAND E. but the total penalty which may be imposed shall not exceed twenty years. firm. lawphil. to have been derived from the proceeds of the crime of robbery or theft. (d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period. with intent to gain for himself or for another. the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed. under existing law. (b) "Fence" includes any person. object or anything of value which he knows. if the value of the property involved is more than 200 pesos but not exceeding 6. WHEREAS.000 pesos but not exceeding 22. Definition of Terms. commonly known as fence. Section 2. association corporation or partnership or other organization who/which commits the act of fencing. Section 3. a fence can be prosecuted only as an accessory after the fact and punished lightly. (b) The penalty of prision correccional in its medium and maximum periods.000 pesos. THEREFORE. Any person guilty of fencing shall be punished as hereunder indicated: (a) The penalty of prision mayor. if the value of such property exceeds the latter sum. reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties. if the value of the property robbed or stolen is more than 6. adding one year for each additional 10. The following terms shall mean as follows: (a) "Fencing" is the act of any person who. is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft. MARCOS. such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers. shall buy. possess. In such cases. sell or dispose of. Penalties. or in any other manner deal in any article. if the value of the property involved is over 50 pesos but not exceeding 200 pesos. of stolen properties. President of the Philippines by virtue of the powers vested in me by the Constitution. keep. acquire.000 pesos but not exceeding 12. do hereby order and decree as part of the law of the land the following: Section 1. NOW. the penalty provided in this paragraph shall be imposed in its maximum period. WHEREAS. receive. This decree shall be known as the Anti-Fencing Law.000 pesos.

object or anything of value obtained from an unlicensed dealer or supplier. secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. 1612. "Used secondhand article" shall refer to any goods. item. firm. regardless of whether the same has actually or in fact been used. Definition of Terms 1. Section 4. Liability of Officials of Juridical Persons. shall before offering the same for sale to the public. object. Done in the City of Manila. the following rules and regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier thereof: I. . Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section.(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos. Section 5. object of anything of value obtained from an unlicensed dealer or supplier thereof. Pursuant to Section 6 of Presidential Decree No. For purposes of this Act. establishments or entities dealing in the buy and sell of any good. Mere possession of any good. Repealing Clause. lawphi1. This Decree shall take effect upon approval. article item. 1612. establishment or entity is located. which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. this 2nd day of March. Section 8. association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph. partnership. Presumption of Fencing. If the fence is a partnership. Clearance/Permit to Sell/Used Second Hand Articles. article. RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. known as the Anti-Fencing Law. corporation or association. Effectivity. The Chief of Constabulary/Director General. item. All laws or parts thereof. nineteen hundred and seventy-nine. firm. Section 6. all stores. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. (f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos. "Unlicensed dealer/supplier" shall refer to any persons. in the year of Our Lord. corporation. article.net Section 7. 2. KNOWN AS THE ANTI-FENCING LAW.

of which is fake. firm. If a store. to submit an initial affidavit within thirty (30) days from receipt of notice for the purpose thereof and subsequent affidavits once every fifteen (15) days within five (5) days after the period covered. corporation. Any goods. shall be presumed as having been acquired from an unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered for sale to the public. or association or group of individuals.3. 5. II. corporation. The Station Commanders concerned shall require the owner of a store or the president. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store. or object or anything of value acquired from any source for which no receipt or equivalent document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof. falsified or irregularly obtained. 4. 4. or equivalent document. manager or other responsible officer-in-charge thereof. partnership. which shall contain: (a) A complete inventory of such articles acquired daily from whatever source and the names and addresses of the persons from whom such articles were acquired. Duty to Procure Clearance or Permit 1. . as defined in paragraph hereof. item. article. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons. 3. "Store". If the person seeking the clearance or permit is a partnership. manager or responsible officer-in-charge of a firm. establishment or entity dealing in the buying and selling of used secondhand articles is located. establishment or other entity located within their respective jurisdictions and in possession of or having in stock used secondhand articles as defined herein. Procedure for Procurement of Clearances or Permits 1. "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used secondhand articles. (b) A full list of articles to be sold or offered for sale as well as the place where the date when the sale or offer for sale shall commence. firm. 2. III. the said branch or subsidiary shall secure the required clearance or permit. or the covering receipt. association or other establishment or entity has a branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public. the clearance or permit shall be obtained by or in the name of the president.

before expiration of the same period for publication of the notice or its posting. at his discretion when the circumstances of each case warrant. The Station Commander may. it shall appear that any of the articles in question is stolen property. establishment or other entity seeking the clearance/permit. the names and addresses of the persons from whom they were acquired and shall state that such articles are to be sold or offered for sale to the public at the address of the store. subject to the following conditions: (a) If the legitimacy of acquisition of any article from an unlicensed source cannot be satisfactorily established by the documents presented. instead. in the case of a firm. In support of the application. cause the publication of a notice in a newspaper of general circulation for two (2) successive days enumerating therein the articles acquired from an unlicensed dealer or supplier. address and other pertinent circumstances of the president. where the articles in his possession are to be sold or offered for sale. the party seeking the clearance or permit shall. 3. the Station Commander shall. establishment or entity concerned is located or. (b) The article to be sold or offered for sale to the public and the name and address of the unlicensed dealer or supplier from whom such article was acquired. association. in case of an individual or. 2. require that the affidavit submitted be accompanied by other documents showing proof of legitimacy of the acquisition of the articles. post a notice daily for one week on the bulletin board of the municipal building of the town where the store. manager or officer-in-charge. the Station Commander shall issue the clearance or permit sought. upon approval of the INP Superintendent in the district and at the expense of the party seeking the clearance/permit. upon expiration of the period of publication or of the notice referred to in the preceding paragraph. to show satisfactory proof of the legitimacy of acquisition of the article. In places where no newspapers are in general circulation. corporation. the name. Articles held in restraint shall be kept and disposed of as the circumstances . (b) If after 15 days. no claim is made with respect to any of the articles enumerated in the notice.(c) The place where the articles are presently deposited or kept in stock. The Station Commander shall examine the documents attached to the application and may require the presentation of other additional documents. if necessary. partnership or other entity. (c) If. A party required to secure a clearance or permit under these rules and regulations shall file an application therefor with the Station Commander concerned. The application shall state: (a) The name. firm. the Station Commander shall hold the article in restraint as evidence in any appropriate case to be filed. in the case of an individual. address and other pertinent circumstances of the persons. there shall be attached to it the corresponding receipt or other equivalent document to show proof of the legitimacy of acquisition of the article.

furthermore. The INP Director-General shall recommend to the proper authority the cancellation of the business license of the erring individual. the article/s shall be forfeited in favor of the government and made subject to disposition as the . Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to be stolen property shall likewise be held under restraint and shall.D. No. Penalties 1. including such other documents as may be pertinent in the implementation of Section 6 of P. within seventy-two (72) hours from receipt of the application. The Station Commander concerned shall. the same is not claimed by their legitimate owners. The appeal against the decision taken by a Commander lower than the INP Director-General should be filed to the next higher Commander within ten (10) days from receipt of notice of the decision. 4. The decision of the INP Director-General should be appealed within fifteen (15) days from receipt of notice of the decision. Denial of an application shall be in writing and shall state in brief the reason/s therefor. act thereon by either issuing the clearance/permit requested or denying the same.D. 3. taking into account all considerations of right and justice in the case. Appeals Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case to the proper INP District Superintendent and. 5. In any case where any article is held in restraint. If. The application. 2. The decision of the INP Director may also be appealed to the INP Director-General whose decision may likewise be appealed to the Minister of National Defense.D. 6. V. 1612 or who violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence.D. 1612 shall be in the forms prescribed in Annexes "A".of each case permit. if he is still dissatisfied therewith may take the same on appeal to the INP Director. "B". no fee shall be charged. Any person who fails to secure the clearance or permit required by Section 6 of P. 4. "D". which are made integral parts of these rules and regulations. establishment or the entity concerned. "C". clearance/permit or the denial thereof. it shall be the duty of the Station Commander concerned to advise/notify the Commission on Audit of the case and comply with such procedure as may be proper under applicable existing laws. 1612 and with these rules and regulations shall be held in restraint until satisfactory evidence or legitimacy of acquisition has been established. No. be subject to confiscation as evidence in the appropriate case to be filed. IV. The decision of the Minister of National Defense on the case shall be final. upon termination of the case. store. and "E" hereof. No. rules and regulations. For the issuance of clearances/permit required under Section 6 of P. 1612. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the provisions of Section 6 of P.

4. manager or responsible officer-incharge of any firm. indicating therein the number of clearances/permits issued and the number of applications denied. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted semi-annually by INP Directors to the Director-General. 3. reports emanating from the different levels of the Integrated National Police shall be accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report. The Commission on Audit shall. The INP District Superintendent shall. . however. be notified. VI. the power to conduct visitations shall be exercise only during office or business hours and upon authority in writing from and by the INP Superintendent in the district and for the sole purpose of determining whether articles are kept in possession or stock contrary to the intents of Section 6 of P. establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow the Station Commander or his authorized representative to exercise visitorial powers.D. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following Action on Applications for Clearances or Permits 1. For this purpose. At the end of each month. it shall be the duty of the Station Commander concerned to: (a) Make and maintain a file in his office of all clearances/permit issued by him. 1612 and of these rules and regulations. No. Visitorial Power It shall be the duty of the owner of the store or of the president. in all cases.D. on the basis of the reports submitted by the Station Commander. in turn submit quarterly reports to the appropriate INP Director containing a consolidation of the information stated in the reports of Station Commanders in his jurisdiction. 2. shall be prosecuted criminally without prejudice to the imposition of administrative penalties. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P. VII. No.circumstances warrant in accordance with applicable existing laws. Integrated National Police. rules and regulations. 1612 or any of its implementing rules and regulations or who. The report shall state the reasons for denial of an application and the corresponding follow-up actions taken and shall be accompanied by an inventory of the articles to be sold or offered for sale in his jurisdiction. In all cases. (b) Submit a full report to the INP District Superintendent on the number of applications for clearances or permits processed by his office. 5. in any manner whatsoever. connives with or through his negligence or inaction makes possible the commission of such violations by any party required to comply with the law and its implementing rules and regulations.

whether public or private. museum. The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another. NOW. MARCOS. President of the Philippines.These implementing rules and regulations. findings of the police and intelligence agencies of the government reveal that fires and other crimes involving destruction in Metro Manila and other urban centers in the country are being perpetrated by criminal syndicates. Any ammunition factory and other establishment where explosives. I. THEREFORE. Any train. FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL. economic and political stability of the country. shall take effect on June 15. 2. 3. by virtue of the powers vested in me by the Constitution. the following: Section 1. 1613 AMENDING THE LAW ON ARSON WHEREAS. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor. INP: MALACAÑANG Manila PRESIDENTIAL DECREE No. do hereby order and decree as part of the law of the land. or any edifice devoted to culture. or conveyance for transportation of persons or property . WHEREAS. the current law on arson suffers from certain inadequacies that impede the successful enforcement and prosecution of arsonists. 4. Any archive. Section 2. vessel or watercraft. airplane or any aircraft. it is imperative that the high incidence of fires and other crimes involving destruction be prevented to protect the national economy and preserve the social. education or social services. Destructive Arson. Arson. Any church or place of worship or other building where people usually assemble. 1979. inflammable or combustible materials are stored. FERDINAND E. WHEREAS. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property burned is any of the following: 1. having been published in a newspaper of national circulation. some of which have foreign connections.

growing crop. cane mill or mill central. 4. Any building. Section 4. The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons. Any railway or bus station. administrative or other official proceedings. airport. platform or tunnel. 2. 6. Any of the following circumstances shall constitute prima facie evidence of arson: 1. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned. theater or movie house or any similar place or building. public or private market. 4. orchard. wharf or warehouse. whether used as a dwelling or not. lodging house. If by reason of or on the occasion of the arson death results. Section 3. shopping center. 1. pastureland. Where Death Results from Arson. If committed with intent to gain. If committed by a syndicate. Any building where evidence is kept for use in any legislative. sugar mill. 4. Special Aggravating Circumstances in Arson. and 5. Any industrial establishment. 2. farm. situated in a populated or congested area. Any inhabited house or dwelling. Any hospital. grain field. The penalty in any case of arson shall be imposed in its maximum period. the penalty of Reclusion Perpetua to death shall be imposed. 3. bamboo grove or forest. dormitory. 5. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the property burned is any of the following: 1. Section 6. Any building used as offices of the government or any of its agencies. judicial. shipyard. Prima Facie evidence of Arson. oil well or mine shaft. If the fire started simultaneously in more than one part of the building or establishment. hotel. Section 5. Any rice mill. Other Cases of Arson. 3. . Any plantation. housing tenement. If committed for the benefit of another.4.

6. This Decree shall take effect immediately upon publication thereof at least once in a newspaper of general circulation. This Act shall be known and may be cited as the "Anti-Carnapping Act of 1972.2. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and/or insured. Confiscation of Object of Arson. REPUBLIC ACT No. inconsistent with the provisions of this Decree are hereby repealed or amended accordingly. 5. If gasoline. If substantial amount of flammable substances or materials are stored within the building note necessary in the business of the offender nor for household us. Section 9. electrical. or parts thereof. If shortly before the fire. The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State. Section 10. 4. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period. Effectivity. or electronic contrivance designed to start a fire. a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business. or any mechanical. Done in the City of Manila. this 7th day of March. petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy. executive orders. or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property. rules and regulations. The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws." . chemical. Section 8. 4. 6539 AN ACT PREVENTING AND PENALIZING CARNAPPING Section 1. in the year of Our Lord. kerosene. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim. nineteen hundred and seventy-nine. unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part. Repealing Clause. 3. Section 7.

or by means of violence against or intimidation of persons. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. of a motor vehicle. piece by piece or part by part. engine block and chassis. engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine. sprinklers. Within one year after the approval of this Act. shall be classified as separate motor vehicle with no power rating. lawphi1™ "Defacing or tampering with" a serial number is the erasing. shall be understood. with intent to gain. Section 3. altering or changing of the original factory-inscribed serial number on the motor vehicle engine. amphibian trucks. "body-building". "motor vehicle". and cranes if not used on public highways. The terms "carnapping". engine block or chassis. engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped. scratching. . of a motor vehicle belonging to another without the latter's consent. "Repainting" is changing the color of a motor vehicle by means of painting. Definition of terms. street-sweepers. Trailers having any number of wheels. "defacing or tampering with". There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. lawn mowers. all motor vehicle engines. fork-lifts. "dismantling". engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines.Section 2. "Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways. and "overhauling". "repainting". bulldozers. when propelled or intended to be propelled by attachment to a motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine. but excepting road rollers. trailers and traction engines of all kinds used exclusively for agricultural purposes. and tractors. Thereafter. vehicles. lawphi1™ "Dismantling" is the tearing apart. graders. "Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. Registration of motor vehicle engine. which run only on rails or tracks. or by using force upon things. that motor vehicle shall be considered to have a defaced or tampered with serial number. every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine. engine block or chassis of any motor vehicle. as used in this Act. "Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle. respectively. trolley cars. and shall be confiscated in favor of the Government. "remodeling". "Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body. to mean "Carnapping" is the taking.

motor vehicle engines. Duty of importers. shall keep a permanent record of his stocks. The Philippine Constabulary shall. motor vehicle engine. and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission. engine blocks and chassis of all motor vehicles. engine block. etc.Section 4. stating therein their type. Any person seeking the original registration of a motor vehicle. within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein. chassis or body does not bear any serial number. transfer. engine blocks. the Collector of Customs concerned shall hold the motor vehicle engine. Upon presentation of the certificate of clearance from the Philippine Constabulary and after verification of the registration of the motor vehicle engine. chassis or body until it is numbered by the Land Transportation Commission. Permanent registry of motor vehicle engines. type and serial numbers. substitution or replacement of a motor vehicle engine. apply to the Philippine Constabulary for clearance of the motor vehicle for registration with the Land Transportation Commission. engine block or chassis. distributors and sellers of motor vehicles to keep record of stocks. Section 7. if any. Section 6. and buying and selling of motor vehicles. Duty of Collector of Customs to report arrival of imported motor vehicle. specifying therein their type. conveyance. the Land Transportation Commission shall register the motor vehicle in accordance with existing laws. Any person engaged in the importation. engine blocks and chassis. The Collector of Customs of a principal port of entry where an imported motor vehicle. and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold. verify if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. rules and regulations. make a report of the shipment to the Land Transportation Commission. Every sale. and stating the names and addresses of the owner or consignee thereof. make and serial numbers and stating therein the names and addresses of their present and previous owners. conveyance. make and serial numbers. distribution. upon receipt of the application. shall. Section 8. . engine blocks and chassis not registered with the Land Transportation Commission shall not be issued certificates of registration and shall be considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources. whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner. transfer. engine block and chassis in the permanent registry of motor vehicle engines. engine block or chassis of a motor vehicle shall be registered with the Land Transportation Commission. If the motor vehicle engine. of the motor vehicle engine. substitution or replacement of a motor vehicle engine. engine block and chassis or body. shall within one week after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner. chassis or body. Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines. Section 5. engine blocks and chassis. specifying the make. the Philippine Constabulary shall forthwith issue a certificate of clearance. engine block. Original Registration of motor vehicles. If the motor vehicle or any of its numbered parts is not in that list. provincial and city branch offices:Provided. provincial and city branch offices are likewise obliged to furnish copies of all registration of motor vehicles to the main office and to the Philippine Constabulary. Copies of the registry and of all entries made thereon shall be furnished the Philippine Constabulary and all Land Transportation Commission regional. The Land Transportation Commission shall keep a permanent registry of motor vehicle engines. engine block chassis or body is unloaded. Registration of sale. That all Land Transportation Commission regional.

engine blocks and chassis. chassis or body. in addition to the penalty prescribed in the preceding paragraph. Penal Provisions. Duty of manufacturers of engine blocks. motor bancas and other light water vessels. irrespective of the value of motor vehicle taken. Any person engaged in the manufacture of engine blocks. It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines. chassis or body to cause numbering of engine blocks. chassis or body shall cause the numbering of every engine block. engine blocks. Any person who is found guilty of carnapping. when the carnapping is committed without violence or intimidation of persons. engine block. the penalty herein provided shall be imposed on its president or secretary and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation. That no such permit shall be issued unless the applicant shall present a statement under oath containing the type.Section 9. which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type. boats. That if the person violating any provision of this Act is a juridical person. motor vehicle engines. Section 10. and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. motor vehicle engines. Section 12. be dismissed from the service with prejudice to his reinstatement and with disqualification from voting or being voted for in any election and from appointment to any public office. Defacing or tampering with serial numbers of motor vehicle engines. shall. Penalty for Carnapping. make and serial numbers of the engine. vessels or ships shall within seven days submit a report to the Philippine Constabulary on all motor vehicle. Section 13. or force upon things. Clearance required for shipment of motor vehicles. Clearance and permit required for assembly or rebuilding of motor vehicles. motor vehicle engine or any other part involved in the violation: Provided. chassis or bodies transported by it for the motor vehicle. chassis and body. chassis or body manufactured in a convenient and conspicuous part thereof which the Land Transportation Commission may direct for the purpose of uniformity and identification of the factory and shall submit to the Land Transportation Commission a monthly report of the manufacture and sale of engine blocks. make and serial numbers. boat vessel or ship. Section 14. Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall. the applicant shall secure a permit from the Philippine Coast Guard. be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months. engine blocks. chassis or body. engine blocks and chassis. Any person who owns or operates inter-island shipping or any water transportation with launches. In the case of motor vehicle engines to be mounted on motor boats. Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided. chassis or body manufactured. Any person who violates any provisions of this Act shall be punished with imprisonment for not less than two years nor more than six years and a fine equal in amount to the acquisition cost of the motor vehicle. Section 11. if any. as this term is defined in Section two of this Act. chassis or body to be loaded on board the launch. motor vehicle engine. and by imprisonment for not less than seventeen years and four .

Section 16. and the penalty of life imprisonment to death shall be imposed when the owner.months and not more than thirty years." TO PROVIDE EFFECTIVE MEANS TO INSURE THE SUPPLY OF FISH AND FISHERY/AQUATIC PRODUCTS AT REASONABLE PRICES WHEREAS. the effect of the recent calamities which befell the country tended to raise the prices of the basic necessities of life including the price of fish and fishery/aquatic products. Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the conviction of the persons charged with carnapping shall be given as reward so much reward money as the Philippine Constabulary may fix. Section 19. All laws. the price of "bangus" fry and fingerlings have. Aliens convicted under the provisions of this Act shall be deported immediately after service of sentence without further proceedings by the Deportation Board. The Philippine Constabulary is authorized to include in its annual budget the amount necessary to carry out the purposes of this section. unless measures are taken immediately and decisively to bring the price of fish fry and fingerlings to reasonable levels. Effectivity. Separability clause. If any provisions of this Act is declared invalid. which is the major and cheapest source of protein in the diet of our people. executive orders. Repealing clause. Section 15. or force upon things. when the carnapping is committed by means of violence against or intimidation of any person. has escalated to a level beyond the reach of the great mass of our people due to the destruction wrought upon fishponds. This Act shall take effect upon its approval. Section 18. driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping. WHEREAS. or parts thereof. inconsistent with the provisions of this Act are hereby repealed or amended accordingly. . the provisions thereof not affected by such declaration shall remain in force and effect. recently and on several occasions in the past. 1972 MALACAÑANG Manila PRESIDENTIAL DECREE No. risen to unreasonable level due to monopolistic and speculative practices of certain sectors of the industry. 553 September 11. Section 17. the price of fish will continue to be high and beyond what our people can afford. Aliens. 43 "PROVIDING FOR THE ACCELERATED DEVELOPMENT OF THE FISHERY INDUSTRY OF THE PHILIPPINES. 1974 AMENDING PRESIDENTIAL DECREE NO. rules and regulations. fishpens and fish nurseries by the recent typhoons and floods. Any information given by informers shall be treated as confidential matter. Approved: August 26. the price of fish. Reward. WHEREAS. WHEREAS.

THE SUPPLY OF FISH AND FISHERY/AQUATIC PRODUCTS CAN REASONABLY BE EXPECTED TO FALL BELOW THE USUAL DEMAND THEREFOR AND THE PRICE THEREOF. as it has always gone before. President of the Philippines. THAT THE PRICE SO FIXED SHALL GUARANTEE THE GATHERERS OF FRY A JUST AND EQUITABLE RETURN FOR THEIR LABOR: PROVIDED. UPON THE RECOMMENDATION OF THE DIRECTOR. IS HEREBY AUTHORIZED TO FIX A FAIR AND REASONABLE PRICE FOR FRY AND FINGERLING OF ANY SPECIE OF FISH. GRANTING FISHERY PRIVILEGES SUCH AS CULTURING. and WHEREAS. THE PROVISION OF ANY LAW TO THE CONTRARY NOTWITHSTANDING. notwithstanding the high cost of "bangus" fry. FIX DIFFERENT PRICE LEVELS FOR VARIOUS AREAS OR REGIONS TAKING INTO ACCOUNT SUCH VARIABLE FACTORS AS AVAILABILITY. by virtue of the powers vested in me by the Constitution. OR FISHERY/AQUATIC PRODUCTS: PROVIDED. FINALLY. the gatherers thereof have not received their just and proportionate share in the increment." This Decree shall take effect upon its promulgation. FURTHER. nineteen hundred and seventy-four. THAT ANY ADMINISTRATIVE ORDER OF SAID SECRETARY. it is the declared policy of the Government in the New Society to spread the benefits accruing to any industry to all the sectors thereof to hasten the narrowing of the gap between the rich and the poor. in the year of Our Lord. AND. MONOPOLISTIC AND OTHER PERNICIOUS PRACTICES WHICH TEND TO CREATE AN ARTIFICIAL SHORTAGE OF FRY AND/OR FINGERLING. FIXING SUCH PRICE SHALL TAKE EFFECT IMMEDIATELY. 43 by adding the following subparagraph to paragraph B. MALACAÑANG Manila PRESIDENTIAL DECREE No. PACKING AND CRATING: PROVIDED. 1974 AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED THIRTY-SIX HUNDRED AND ONE. section 6 thereof: "19. I. hereby amend Presidential Decree No. to the concessionaires and middlemen. NOW. 552 September 11. ACCESSIBILITY TO TRANSPORTATION FACILITIES. because they have remained miserably paid for their labor the entire increment going. WHEN DUE TO DESTRUCTION WROUGHT UPON FISHPONDS. FLOODS AND OTHER FORTUITOUS EVENTS. THAT. CAPTURE OR GATHERING OF FISH OR FRY AND FINGERLINGS OR ANY SPECIE OF FISH. MARCOS. Done in the City of Manila. TO INCREASE. OR DUE TO SPECULATION. PRESCRIBE AND COLLECT FEES FOR THE ISSUANCE OF LICENSES OR PERMITS. THE SECRETARY. FERDINAND E. WITH OR WITHOUT A DEFINITE AREA OF COVERAGE.WHEREAS. IN SO DOING AND WHEN NECESSARY. ENTITLED. "AN ACT CREATING THE NATIONAL IRRIGATION ADMINISTRATION" . FISHPENS OR FISH NURSERIES. BY TYPHOONS. this 11th day of September. THEREFORE.

to operate. reforestation and projects to maintain ecological balance. to plan. road or highway construction. domestic water supply. under such terms and conditions which the NIA Board of Directors may impose. the authority to supervise the operation. I. the National Irrigation Administration assumes as its primary responsibility. and in pursuit of this policy. hydraulic power development. as envisioned under Republic Act No. WHEREAS. "An Act Creating the National Irrigation Administration". administer temporarily. is hereby amended to read as follows: Section 2. the construction of multiple-purpose water resources projects involves substantial investment of government funds to increase agricultural production for the financial upliftment of the people for them to be able to assume and comply with their obligations and responsibilities to the government. or otherwise. utilization and conservation of water resources of the Philippines. to recover funds or portions thereof expended for the construction and/or rehabilitation of communal irrigation systems which funds shall accrue to a special fund for irrigation development under section 2 hereof.WHEREAS. MARCOS. primarily for irrigation purposes. Powers and Objectives. to wit: Section 1. the implementation of the irrigation integrated program of the government and the attainment of the "Irrigation Age". an effective means of implementing multiple-purpose projects in line with programoriented and comprehensive water resources development necessitates broader powers and authority of the NIA to undertake concomitant projects such as flood control. President of the Philippines. (b) To charge and collect from the beneficiaries of the water from all irrigation systems constructed by or under its administration. in coordination with the agencies concerned. and to delegate the partial or full management of national irrigation systems to duly organized cooperatives or associations. maintenance and insurance. Republic Act Numbered Thirty-Six Hundred and One. Section 2. 3601. The NIA shall have the following powers and objectives: (a) To investigate and study all available and possible water resources in the Philippines. WHEREAS. THEREFORE. WHEREAS. NOW. the enunciation policy is for a comprehensive development. construct and/or improve all types of irrigation projects and appurtenant structures. FERDINAND E. maintenance and repair. by virtue of the powers vested in me by the Constitution do hereby amend certain sections or provisions of Republic Act Numbered Thirty-six Hundred and One. improved and/or repaired wholly or partially with government funds. drainage. land reclamation. . all communal and pump irrigation systems constructed. such fees or administration charges as may be necessary to cover the cost of operation. and administer all national irrigation system. design. and to recover the cost of construction with in a reasonable period of time to the extent consistent with government policy. maintain. one of the primary objectives of the National Irrigation Administration is to effectuate an economic means of achieving the optimal and diversified utilization and control of water by undertaking integrated irrigation projects.

roads and highway construction and reforestation. and all appurtenant rights. first. and then on the crops raised thereon. the owners of the property shall be entitled to not more than ten percent (10%) of the market value of the property. real and personal properties. and secondarily for hydraulic power development and/or other uses such as flood control. and to plan. domestic water supply. political subdivision. whichever is earlier. drainage fees or other charges which the National Irrigation Administration is authorized to impose and collect. Judicial actions for the collection of unpaid irrigation fees or charges. by any mode of acquisition. whichever is earlier. concessions and privileges. and such preferred liens shall not be removed until all fees or administration charges are paid or the property is levied upon and sold by the National Irrigation Administration for the satisfaction thereof. (e) To acquire. areas which are unproductive or less productive due to permanent or occasional submergence. shall be undertaken in coordination with the agencies concerned. the National Irrigation Administration is hereby given the right of way to construct and maintain such works and hydraulic structures over and throughout lands of the public domain. and instrumentality. based on the current tax declaration at the time of actual entry or the filing of the complaint for eminent domain. The National Irrigation Administration is empowered to exercise the right of eminent domain in the manner provided by law for the institution of expropriation proceedings. and in those owned by any branch of the government. drainage. the fair market value of the area actually occupied shall be paid. provided. which liens shall have preference over all other liens except for taxes on the land. in coordination with the Bureau of Public Works. based on the current tax declaration at the time of actual entry or the filing of the complaint for eminent domain. (2) In case the property is acquired by purchase. right of way for access roads and other similar works pertaining to irrigation projects and for facilities and works pertaining to multiple-purpose projects. design and construct drainage facilities and protective works for agricultural purposes to increase or maximize their productive yield. whether the same are already devoted to private or public use in connection with the development of projects by the NIA. that the plans. among others. the provisions of other laws to the contrary notwithstanding: (c) To construct multiple-purpose water resources projects designed primarily for irrigation. consistent with government policy. In the prosecution of its projects. abutment of dams. to collect drainage fees from landowners of areas benefited by the drainage facilities and protective works to recover the cost of operation and maintenance as well as a reasonable portion of the cost of the construction thereof. upon the land benefited. (d) To investigate. shall henceforth be governed by the provisions of the Rules of Court of the Philippines for similar actions. land reclamation. easements. compensation for the use and occupancy thereof shall be paid and determined as follows: (1) In case of the establishment of easement of aqueduct. . designs and the construction thereof. In case of private property.Unpaid irrigation fees or administration charges shall be preferred liens.

that if the improvements could be removed without substantial destruction and impairment of their use. insofar as they are not inconsistent with the provisions of this Act. whichever is earlier. current operating expenses. provided. the right of possession and/or ownership of the National Irrigation Administration shall be considered vested and absolute. maintenance and administration expenses or irrigation systems. the compensation shall be fifty per cent (50%) of the current value thereof. after which period. and all other income shall be added to its operating capital. finally that if the crops are harvested before actual destruction thereof. further. incidental or conducive to the attainment of the above powers and objectives. and operation. the owners of the property shall be compensated for damages to improvements based on the valuation thereof appearing in the current tax declaration at the time of actual destruction or the filing of the complaint for eminent domain. as are directly or indirectly necessary. Republic Act Numbered Thirty-six Hundred and One is hereby repealed. (c) Funds for general administration. 3. there shall be . and to do all such other things. administration charges. (a) Capitalization. to exercise all the powers of a corporation under the Corporation Law. shall be filed with a competent court within five (5) years from the date of entry of the land or destruction of the improvements of crops. "All amounts collected by NIA as irrigation fees. and in general." Section 2. Section 3. maintenance and administration expenses of irrigation systems of the National Irrigation Administration and of its central office and regional and provincial offices. sale of all reparation goods allocated to the defunct Irrigation Service Unit and the National Irrigation Administration. (b) Operating Capital. equipment rentals. shall be included in the annual general appropriations decree/act. All other actions for the recovery of compensation and damages to private property and improvements occasioned by the construction. operation and maintenance of irrigation facilities and other hydraulic structures under the administration of the National Irrigation Administration.(3) In both instances under (1) and (2). provided. Over and above the requirements of operation. drainage fees. no compensation therefor shall be paid. (2) and (3) hereof. except paragraphs one and eight thereof which are amended and a new paragraph which is added to read as follows: "Sec. including the power to establish and maintain subsidiaries. and to transact such business. All actions for the recovery of compensation and damages against the National Irrigation Administration under paragraphs (1). to be subscribed and paid entirely by the Government of the Republic of the Philippines which shall deliver annually to the NIA the sum of two hundred million pesos until its whole capitalization is fully paid. notwithstanding the filing of the complaint for eminent domain. which have accrued ten (10) or more years prior to the approval of this decree are deemed to have prescribed and are barred forever. The capitalization of the National Irrigation Administration shall be two billion pesos. (f) To establish/create such services and facilities and other means of social and economic assistance to the community which might be adversely and directly affected by the construction of National Irrigation Administration projects. proceeds from the sale of unserviceable equipment and materials.

in the name and on behalf of the Republic of the Philippines. supplies and services. by himself. materials. by the National Irrigation Administration. or through his duly authorized representative. paid from the proceeds of any loan. by himself. Board of Directors. and to incur indebtedness from time to time with foreign governments. as primary obligor and not as mere surety. the Director General of the National Economic and Development Authority. Section 4. equipment. the Administrator of the National Irrigation Administration. The National Irrigation Administration is authorized to contract loans. who shall be the Vice-Chairman. Republic Act Numbered Thirty-six Hundred and One.included in the annual general appropriations act an account not less than six million pesos a year to finance feasibility studies. the payment of the loans. The President of the Philippines. one or several loans. for the purpose of promoting the irrigation program and the construction of multiplepurpose water resources projects. is hereby authorized to negotiate and contract with foreign governments or any international financial institution or fund sources in the name and on behalf of the National Irrigation Administration. and one member who shall be appointed by the President of the Philippines on recommendation of any national rice and corn organization of good standing and who shall serve for a term of four years unless sooner removed." Section 3. the total outstanding amount of which. other charges and restrictions. shall not exceed five hundred million United States dollars or the equivalent thereof in other currencies. shall also be exempted from all direct and indirect taxes. is hereby amended to read as follows: "Sec. including import restrictions previously and presently imposed. The powers and functions of the National Irrigation Administration shall be exercised by a Board of Directors composed of six members. as well as the importation of machinery. Section 4. the General Manager of the National Power Corporation. Authority to incur foreign loans. credits. and to enter into and execute contracts and other documents specifying such terms and conditions. to wit: The Secretary of Public Works. and plans preparation for projects. or through his duly authorized representative. surveys. the provisions of existing laws to the contrary notwithstanding. excluding interests. who shall be the Chairman. interest and other charges thereon. investigations. . credits and indebtedness contracted under this section and the payments of the principal. absolutely and unconditionally. over and above the amounts which the President of the Philippines is authorized to guarantee under existing laws. or any of its agencies and political subdivisions. credit. The President of the Philippines. credits and indebtedness up to the amount herein authorized. is hereby further authorized to guarantee. as well as the performance of all or any of the obligations undertaken by the National Irrigation Administration in the territory of the Republic of the Philippines pursuant to loan agreements entered into with foreign governments or any international financial institution or fund sources. the Secretary of Agriculture. Transportation and Communications. imposts. fees. on such terms and conditions as it shall deem appropriate for the accomplishment of its objectives. in any convertible foreign currency or capital goods. and to be imposed by the Republic of the Philippines. or indebtedness incurred under this act. 4. or any international financial institutions or fund sources. The loans.

and by at least two-thirds vote of all the members. to recommend the suspension and/or removal of the said officials for cause. the Undersecretary or the Assistant Head of the office or agency to which the member concerned belongs. including provisions for the formation of such committee or committees as the Board may deem necessary to facilitate its business. 5. amend." Section 5. Article III. Section 6." Section 7. and to prescribe. Section 5. with the approval of the President of the Philippines. but the total amount of per diem that a member may receive in a month shall in no case exceed one thousand five hundred pesos. Republic Act Numbered Thirty-six Hundred and One. except the Irrigation Administrator. 6. shall attend the meetings of the board. and (d) To appoint and fix the compensation of a Board Secretary who shall hold office at the pleasure of the majority of the members of the Board. (b) To recommend to the President of the Philippines the appointment of such number of Assistant Administrators as the exigencies of the service may require from a list of names submitted by the Administrator. The Board shall fix the amount of representation and transportation allowances that the members may receive. is hereby amended to read as follows: "Sec. Republic Act Numbered Thirty-six Hundred and One. and repeal. 7. Managing Head. unless so authorized by the President. shall receive a per diem of three hundred pesos. The management of the NIA shall be appointed by the President of the Philippines. Prohibition for Board Members. Republic Act Numbered Thirty-six Hundred and One. Article IV.In the case of failure of a member to attend meetings of the Board due to physical incapacity or any temporary disability. Section 6. subject to the final action of the President. with the power to vote. The Chairman and other members of the Board of Directors. Powers and Duties of the Board of Directors. rules and regulations governing the manner in which the general business of the National Irrigation Administration may be conducted. to fix the compensation of the Irrigation Administrator and his Assistant/s. (c) To approve. Section 7. shall not at the same time serve in the NIA in any other capacity. the annual and/or supplemental budget of the NIA which may be submitted to the Board by the Irrigation Administrator from time to time. and one hundred pesos for special meetings. each member of the Board or his representative as authorized in the preceding paragraph. The Board of Directors shall have the following powers and duties: (a) To formulate and adopt policies for the management and operations of the National Irrigation Administration. is hereby amended to read as follows: "Sec." . For actual attendance at regular meetings. is hereby amended to read as follows: "Sec.

to fix their salaries including other emoluments. in the year of Our Lord." With the approval of the Board. to determine the staffing pattern and the number of personnel of the National Irrigation Administration. All laws. Section 9. is hereby amended to read as follows: "(d) With the approval of the Board. rules and regulations.Section 8. any subordinate employee of the National Irrigation Administration. administrative orders. proclamations. and to define their powers and duties. especially with respect to technical and professional positions. Separability Clause. Repealing Clause. charters. Section 8(d). for cause. this 11th day of September. decrees. or parts thereof insofar as they are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. or otherwise discipline. for any reason. This Decree shall take effect upon its approval. Done in the City of Manila. Article IV. nineteen hundred and seventy-four. Section 10. Section 11. Effectivity. Republic Act Numbered Thirty-six Hundred and One. the provisions of existing rules and regulations on wage and position classification notwithstanding. the Irrigation Administrator shall recommend to the Board a staffing pattern and salary pay plans in other government corporations of the same category as the National Irrigation Administration. For this purpose. be held invalid or unconstitutional. executive orders. provision or section of this Decree or its application thereof to any person or circumstance should. such invalidity or unconstitutionality shall not affect the other provisions or application of this Decree which can be given force and effect. suspend. The provisions of this Decree are hereby declared to be separable and if any clause. to appoint and remove. sentence. .