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COMMONWEALTH ACT NO.

616 unrecognized by the Philippines or by the United States, or to any representative, officer, agent,
employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code
book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model,
AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL
instrument, appliance, or information relating to the national defense, shall be punished by
SECURITY
imprisonment for not more than twenty years, if the offense is committed in time of peace, or by
death or imprisonment for not more than thirty years, if it is in time of war.
SECTION 1. Unlawfully obtaining or permitting to be obtained information affecting national
defense. (a) Whoever, for the purposes of obtaining information respecting the national
(b) Whoever, in time of war with intent that the same shall be communicated to the enemy, shall
defense with intent or reason to believe that the information to be obtained is to be used to the
collect, record, publish, or communicate, or attempt to elicit any information with respect to the
injury of the Philippines or of the United States, or to the advantage of any foreign nation, goes
movement, number, description, condition, or disposition of any of the armed forces, ships,
upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of
aircraft, or war materials of the Philippines or of the United States, or with respect to the plans or
defense, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station,
conduct, or supposed plans or conduct of any military, naval, or air operations, or with respect to
dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal
any works or measures undertaken for or connected with, or intended for the fortification or
station, building, office, or other place connected with the national defense, owned or
defense of any place, or any other information relating to the public defense which might be
constructed, or in progress of construction by the Philippines or by the United States or under
useful to the enemy, shall be punished by death or by imprisonment for not more than thirty
the control of the Philippines or of the United States, or any of its officers or agents, or within the
years.
exclusive jurisdiction of the Philippines or of the United States, or any place in which any vessel,
aircraft, arms, munitions, or other materials or instruments for the use in time of war are being
made, prepared, repaired, or stored, under any contract or agreement with the Philippines or the SECTION 3. Disloyal acts or works in time of peace. It shall be unlawful for any person, with
United States, or with any person on behalf of the Philippines or the United States, or otherwise intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military, naval,
on behalf of the Philippines or the United States, or any prohibited place within the meaning of or air forces of the Philippines or of the United States: (a) to advise, counsel, urge, or in any
section six hereof; or manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the
military, naval, or air forces of the Philippines or of the United States; or (b) to distribute any
written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or
(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes,
refusal of duty by any member of the military, naval, or air forces of the Philippines or of the
makes, or obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any
United States. The violation of this section shall be punished by imprisonment for not more than
sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance,
ten years, or by fine not more than ten thousand pesos, or both.
document, writing, or note of anything connected with the national defense; or

SECTION 4. Disloyal acts or words in time of war. Whoever, when the Philippines or the
(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or
United States is at war, shall wilfully make or convey false reports or false statements with the
aids another to receive or obtain from any person, or from any source whatever, any document,
intent to interfere with the operation or success of the military, naval, or air forces of the
writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan,
Philippines or of the United States or to promote the success of its enemies shall wilfully cause
map, model, instrument, appliance, or note of anything connected with the national defense,
or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military, naval, or
knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts or
air forces of the Philippines or the United States, or shall wilfully obstruct the recruiting or
induces or aids another to receive or obtain it, that it has been or will be obtained, taken, made,
enlistment service of the Philippines or of the United States, to the injury of the service of the
or disposed of by any person contrary to the provisions of this Act; or
Philippines or of the United States, shall be punished by imprisonment for not more than twenty
years, or by a fine of not more than twenty thousand pesos, or both.
(d) Whoever, lawfully or unlawfully having possession of, access to, control over, or being
intrusted with any document, writing, code book, signal book, sketch, photograph, photographic
SECTION 5. Conspiracy to violate preceding sections. If two or more persons conspire to
negative, blue print, plan, map, model, instrument, appliance, or note relating to the national
violate the provisions of sections one, two, three, or four of this Act, and one or more of such
defense, wilfully communicates or transmits or attempts to communicate or transmit the same to
persons does any act to effect the object of the conspiracy, each of the parties to such
any person not entitled to receive it, or wilfully retains the same and fails to deliver it on demand
conspiracy shall be punished as in said sections provided in the case of the doing of the act the
to the officer or employee of the Philippines or of the United States entitled to receive it; or
accomplishment of which is the object of such conspiracy.

(e) Whoever, being intrusted with or having lawful possession or control of any document,
SECTION 6. Harboring or concealing violators of the law. Whoever harbors or conceals any
writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan,
person who he knows, or has reasonable ground to believe or suspect, has committed, or is
map, model, note or information, relating to the national defense, through gross negligence
about to commit, an offense under this Act, shall be punished by imprisonment of not more than
permits the same to be removed from its proper place of custody or delivered to anyone in
ten years and may, in addition thereto, be fined not more than ten thousand pesos.
violation of this trust or to be lost, stolen, abstracted, or destroyed, shall be punished by
imprisonment for not more than ten years and may, in addition thereto, be fined not more than
ten thousand pesos. SECTION 7. Designation of prohibited places by proclamation. The President of the
Philippines in time of war or in case of national emergency may by proclamation designate any
place other than those set forth in subsection (a) of section one hereof in which anything for the
SECTION 2. Unlawful disclosing information affecting national defense. (a) Whoever, with the
use of the army, navy, or air forces are being prepared or constructed or stored as a prohibited
intent or reason to believe that it is to be used to the injury of the Philippines or of the United
place for the purpose of this Act: Provided, That he shall determine that information with respect
States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts
thereto would be prejudicial to the national defense.
to, or aids or induces another to, communicate, deliver, or transmit to any foreign government, or
any faction or party or military or naval force within a foreign country, whether recognized or
SECTION 8. Photographing, etc., defensive installations regulated; penalties. Whenever, in SECTION 14. Making or causing to be made in a defective manner, or attempting to make or
the interests of national defense, the President of the Philippines shall define certain vital cause to be made in a defective manner, national defense material. Whoever, with intent to
military, naval, or air installations or equipment as requiring protection against the general injure, interfere with, or obstruct the national defense of the Philippines or of the United States,
dissemination of information relative thereto, it shall be unlawful to make any photograph, shall wilfully make or cause to be made in a defective manner, or attempt to make or cause to be
sketch, picture, drawing, map, or graphical representation of such vital military, naval, and air made in a defective manner, any national defense material, as herein defined, or any tool,
installations or equipment without first obtaining permission of the commanding officer of the implement, machine, utensil, or receptacle used or employed in making, producing,
military, naval, or air post, camp, or station concerned, or higher authority, and promptly manufacturing, or repairing any such national defense material, as herein defined, shall be
submitting the product obtained to such commanding officer or higher authority for censorship or imprisoned not more than ten years, or fined not more than ten thousand pesos, or both.
such other action as he may deem necessary. Any person found guilty of a violation of this
section shall be punished by imprisonment for not more than one year, or by a fine of not more
SECTION 15. Definition of terms. The term aircraft as used in this Act means any
than two thousand pesos, or both.
contrivance known or hereafter invented, used, or designed for navigation or flight in the air. The
expression post, camp, or station as used in this Act shall be interpreted to include naval
SECTION 9. Photographing, etc., from aircraft. Any person who uses or permits or procures vessels, military and naval aircraft, and any separate military, naval or air command.
the use of an aircraft for the purpose of making a photograph, sketch, picture, drawing, map, or
graphical representation of vital military, naval or air installations or equipment, in violation of
The words war or national defense material as used herein shall include arms, armament,
section eight of this Act, shall be liable to the penalty therein provided.
ammunition, livestock, stores of clothing, food, foodstuffs, or fuel; and shall also include supplies,
munitions, and all other articles of whatever description, and any part or ingredient thereof,
SECTION 10. Reproducing, publishing, selling, etc., uncensored copies. After the President intended for, adapted to, or suitable for the use of the Philippines or the United States, or any
of the Philippines shall have defined any vital military, naval, or air installation or equipment as associate nation, in connection with the conduct of war or national defense.
being within the category contemplated under section eight of this Act, it shall be unlawful for
any person to reproduce, publish, sell, or give away any photograph, sketch, picture, drawing,
The words war or national defense premises, as used herein, shall include all buildings,
map or graphical representation of the vital military, naval, or air installations or equipment so
grounds, mines, or other places wherein such war or national defense material is being
defined, without first obtaining permission of the commanding officer of the military, naval, or air
produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or
post, camp, or station concerned, or higher authority, unless such photograph, sketch, picture,
transported, together with all machinery and appliances therein contained; and all ports,
drawing, map, or graphical representation has clearly indicated thereon that it has been
arsenals, navy yards, prisons, camps, or other military, naval, or air stations of the Philippines or
censored by the proper military, naval, or air authority. Any person found guilty of a violation of
the United States or any associate nation.
this section shall be punished as provided in section eight of this Act.

The words war or national defense utilities, as used herein, shall include all railroads, railways,
SECTION 11. Destroying or injuring or attempting to injure or destroy war material in time of war.
electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf,
When the Philippines or the United States is at war, whoever, with intent to injure, interfere
pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle,
with, or obstruct the Philippines or the United States or any associate nation in preparing for or
boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such war
carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or
or national defense material or any troops of the Philippines or of the United States, or of any
obstruct the Philippines or the United States or any associate nation in preparing for or carrying
associate nation, are being or may be transported either within the limits of the Philippines or the
on the war, shall wilfully injure or destroy, or shall attempt to so injure or destroy, any war
United States or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains,
material, war premises, or war utilities, as herein defined, shall be imprisoned not more than
oil or gasoline stations, pipes, structures, and buildings, whereby or in connection with which
thirty years or be fined not more than thirty thousand pesos, or both.
water, or gas, or oil, or gasoline, or other fluid is being furnished, or may be furnished, to any war
or national defense premises or to the military, naval, or air forces of the Philippines or the
SECTION 12. Making or causing war material to be made in defective manner. When the United States, or any associate nation, and all electric light and power, steam or pneumatic
Philippines or the United States is at war, whoever, with intent to injure, interfere with, or obstruct power, telephone, and telegraph plants, poles, wires, and fixtures and wireless stations, and the
the Philippines or the United States or any associate nation in preparing for or carrying on the buildings connected with the maintenance and operation thereof used to supply water, light,
war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the heat, gas, oil, gasoline, fluid, power, or facilities of communication to any war or national defense
Philippines or the United States or any associate nation in preparing for or carrying on the war, premises or to the military, naval, or air forces of the Philippines or of the United States, or any
shall wilfully make or cause to be made in a defective manner, or attempt to make or cause to be associate nation.
made in a defective manner, any war material, as herein defined, or any tool, implement,
machine, utensil, or receptacle used or employed in making, producing, manufacturing, or
The words associate nation, as used in this chapter, shall be deemed to mean any nation at
repairing any such war material, as herein defined, shall be imprisoned not more than thirty
war with any nation with which the Philippines or the United States is at war.
years or be fined not more than thirty thousand pesos, or both.

The words foreign government, as used in this Act, shall be deemed to include any
SECTION 13. Injuring or destroying national defense material, premises, or utilities. Whoever,
government, faction, or body of insurgents within a country with which the Philippines or United
with intent to injure, interfere with, or obstruct the national defense of the Philippines or the
States is at peace, which government, faction, or body of insurgents may or may not have been
United States shall wilfully injure or destroy, or shall attempt to so injure or destroy, any national
recognized by the Philippines or the United States as a government.
defense material, national defense premises, or national defense utilities, as herein provided,
shall be imprisoned not more than ten years or be fined not more than ten thousand pesos, or
both. SECTION 16. This Act shall take effect upon its approval.
Approved: June 4, 1941 intimidation of persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as
hereinafter provided.

PRESIDENTIAL DECREE No. 532 August 8, 1974


e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or
other unlawful purposes, or the taking away of the property of another by means of
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 violence against or intimidation of person or force upon things of other unlawful
means, committed by any person on any Philippine Highway.
WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still
committing acts of depredations upon the persons and properties of innocent and defenseless Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein
inhabitants who travel from one place to another, thereby distributing the peace, order and defined, shall, upon conviction by competents court be punished by:
tranquility of the nation and stunting the economic and social progress of the people;
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall
WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage be imposed. If physical injuries or other crimes are committed as a result or on the
which are among the highest forms of lawlessness condemned by the penal statutes of all occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder
countries; and, or homicide is committed as a result or on the occasion of piracy, or when the
offenders abandoned the victims without means of saving themselves, or when the
seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of
WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such death shall be imposed.
acts of depredations by imposing heavy penalty on the offenders, with the end in view of
eliminating all obstacles to the economic, social, educational and community progress of the
people; b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum
period shall be imposed. If physical injuries or other crimes are committed during or on
the occasion of the commission of robbery or brigandage, the penalty of reclusion
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the temporal in its medium and maximum periods shall be imposed. If kidnapping for
powers vested in me by the Constitution and pursuant to proclamation No. 1081, dated ransom or extortion, or murder or homicide, or rape is committed as a result or on the
September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated occasion thereof, the penalty of death shall be imposed.
September 22, 1972, do hereby order and decree as part of the law of the land the following:

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway


Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or
of 1974. highway robbers/brigands, such as giving them information about the movement of police or
other peace officers of the government, or acquires or receives property taken by such pirates or
Section 2. Definition of Terms. The following terms shall mean and be understood, as follows: brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly
abets the commission of piracy or highway robbery or brigandage, shall be considered as an
accomplice of the principal offenders and be punished in accordance with the Rules prescribed
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, by the Revised Penal Code.
seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by historic or legal title, including territorial It shall be presumed that any person who does any of the acts provided in this Section has
sea, the sea-bed, the insular shelves, and other submarine areas over which the performed knowingly, unless the contrary is proven.
Philippines has sovereignty or jurisdiction.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as
one place to another through Philippine Waters. It shall include all kinds and types of they are inconsistent with this Decree are hereby repealed or modified accordingly.
vessels or boats used in fishing.
Section 6. Effectivity. This Decree shall take effect upon approval.
c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the Philippines used by persons, or Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and
vehicles, or locomotives or trains for the movement or circulation of persons or seventy-four.
transportation of goods, articles, or property or both.

d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or
part thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of violence against or
aluminum dyethyl monochloride, and other aluminum compounds, ammonium
chlorate and other ammonium mixtures and other similar substances or materials.

REPUBLIC ACT No. 6235


(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which
through chemical reaction wears away, impairs or consumes any object. It shall
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER include but not limited to alkaline battery fluid packed with empty storage battery, allyl
PURPOSES. chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and other similar
materials and substances.
Section 1. It shall be unlawful for any person to compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An (4) "Poisonous" is any substance or materials, except medicinal drug, either liquid,
aircraft is in flight from the moment all its external doors are closed following embarkation until solid or gaseous, which through chemical reactions kills, injuries or impairs a living
any of such doors is opened for disembarkation. organism or person, and shall include but not limited to allyl isothiocyanate,
ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil,
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in arsine, bromobenzyle cyanide, bromoacetone and other similar substances or
Philippine territory or to seize or usurp the control thereof while it is within the said territory. materials.

Section 2. Any person violating any provision of the foregoing section shall be punished by an Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not least five years but not more than ten years or by a fine of not less than ten thousand pesos but
less than twenty thousand pesos but not more than forty thousand pesos. not more than twenty thousand pesos: Provided, That if the violation is committed by a juridical
person, the penalty shall be imposed upon the manager, representative, director, agent or
employee who violated, or caused, directed, cooperated or participated in the violation
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thereof: Provided, further, That in case the violation is committed in the interest of a foreign
thousand pesos but not more than fifty thousand pesos shall be imposed upon any person corporation legally doing business in the Philippines, the penalty shall be imposed upon its
committing such violation under any of the following circumstances: resident agent, manager, representative or director responsible for such violation and in addition
thereto, the license of said corporation to do business in the Philippines shall be revoked.
1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft; Any violation of Section four hereof shall be an offense punishable with the minimum of the
penalty provided in the next preceding paragraph.
2. Whenever he has exploded or attempted to explode any bomb or explosive to
destroy the aircraft; or Section 7. For any death or injury to persons or damage to property resulting from a violation of
Sections three and four hereof, the person responsible therefor may be held liable in accordance
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries with the applicable provisions of the Revised Penal Code.
or rape.
Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any for hire are authorized to open and investigate suspicious packages and cargoes in the
passenger aircraft operating as a public utility within the Philippines, and explosive, flammable, presence of the owner or shipper, or his authorized representatives if present; in order to help
corrosive or poisonous substance or material. the authorities in the enforcement of the provisions of this Act: Provided, That if the owner,
shipper or his representative refuses to have the same opened and inspected, the airline or air
carrier is authorized to refuse the loading thereof.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the
preceding section in any cargo aircraft operating as a public utility within the Philippines shall be
in accordance with regulations issued by the Civil Aeronautics Administration. Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain
among others the following condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder
Section 5. As used in this Act refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part
of the contract between the passenger and the air carrier.
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single
compound, which by chemical reaction liberates heat and gas at high speed and Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one
causes tremendous pressure resulting in explosion. The term shall include but not month after the approval of this Act such regulations as are provided in Section four hereof and
limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cause the publication of such rules and regulations in the Official Gazette and in a newspaper of
cartridges and other explosive materials, except bullets for firearm. national circulation for at least once a week for three consecutive weeks. Such regulations shall
take effect fifteen days after publication in the Official Gazette.
(2) "Flammable" is any substance or material that is highly combustible and self-
igniting by chemical reaction and shall include but not limited to acrolein, allene, Section 11. This Act shall take effect after the publication mentioned in the preceding section.
Approved: June 19, 1971 4. In considering whether or in what manner an arrest should be made, the local
authorities shall have due regard to the interests of navigation.
UNCLOS 5. Except as provided in Part XII or with respect to violations of laws and
regulations adopted in accordance with Part V, the coastal State may not take any
steps on board a foreign ship passing through the territorial sea to arrest any
SECTION 1. GENERAL PROVISIONS person or to conduct any investigation in connection with any crime committed
before the ship entered the territorial sea, if the ship, proceeding from a foreign
Article 2 Legal status of the territorial sea, of the air space over the territorial sea port, is only passing through the territorial sea without entering internal waters.
and of its bed and subsoil 1. The sovereignty of a coastal State extends, beyond
its land territory and internal waters and, in the case of an archipelagic State, its Article 97 Penal jurisdiction in matters of collision or any other incident of
archipelagic waters, to an adjacent belt of sea, described as the territorial sea navigation
1. In the event of a collision or any other incident of navigation concerning a
SECTION 2. LIMITS OF THE TERRITORIAL SEA ship on the high seas, involving the penal or disciplinary responsibility of the
master or of any other person in the service of the ship, no penal or disciplinary
Article 3 Breadth of the territorial sea Every State has the right to establish the proceedings may be instituted against such person except before the judicial or
breadth of its territorial sea up to a limit not exceeding 12 nautical miles, administrative authorities either of the flag State or of the State of which such
measured from baselines determined in accordance with this Convention. person is a national.
2. In disciplinary matters, the State which has issued a master's certificate or a
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND certificate of competence or licence shall alone be competent, after due legal
GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES process, to pronounce the withdrawal of such certificates, even if the holder is
not a national of the State which issued them. 3. No arrest or detention of the
Article 27 Criminal jurisdiction on board a foreign ship ship, even as a measure of investigation, shall be ordered by any authorities
1. The criminal jurisdiction of the coastal State should not be exercised on board other than those of the flag State.
a foreign ship passing through the territorial sea to arrest any person or to
conduct any investigation in connection with any crime committed on board the
ship during its passage, save only in the following cases: Article 99 Prohibition of the transport of slaves Every State shall take effective
measures to prevent and punish the transport of slaves in ships authorized to fly
(a) if the consequences of the crime extend to the coastal State; its flag and to prevent the unlawful use of its flag for that purpose. Any slave
(b) if the crime is of a kind to disturb the peace of the country or the good order taking refuge on board any ship, whatever its flag, shall ipso facto be free.
of the territorial sea; (c) if the assistance of the local authorities has been
requested by the master of the ship or by a diplomatic agent or consular officer Article 100 Duty to cooperate in the repression of piracy All States shall
of the flag State; or cooperate to the fullest possible extent in the repression of piracy on the high
(d) if such measures are necessary for the suppression of illicit traffic in narcotic seas or in any other place outside the jurisdiction of any State.
drugs or psychotropic substances.
Article 101 Definition of piracy Piracy consists of any of the following acts:
2. The above provisions do not affect the right of the coastal State to take any (a) any illegal acts of violence or detention, or any act of depredation, committed
steps authorized by its laws for the purpose of an arrest or investigation on board for private ends by the crew or the passengers of a private ship or a private
a foreign ship passing through the territorial sea after leaving internal waters. aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the property on board such ship or aircraft;
master so requests, notify a diplomatic agent or consular officer of the flag State (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction
before taking any steps, and shall facilitate contact between such agent or officer of any State;
and the ship's crew. In cases of emergency this notification may be (b) any act of voluntary participation in the operation of a ship or of an aircraft
communicated while the measures are being taken. with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in on the high seas intended for reception by the general public contrary to
subparagraph (a) or (b). international regulations, but excluding the transmission of distress calls.

Article 102 Piracy by a warship, government ship or government aircraft whose 3. Any person engaged in unauthorized broadcasting may be prosecuted before
crew has mutinied The acts of piracy, as defined in article 101, committed by a the court of: (a) the flag State of the ship;
warship, government ship or government aircraft whose crew has mutinied and (b) the State of registry of the installation;
taken control of the ship or aircraft are assimilated to acts committed by a private (c) the State of which the person is a national;
ship or aircraft. (d) any State where the transmissions can be received; or
(e) any State where authorized radio communication is suffering interference.
Article 103 Definition of a pirate ship or aircraft A ship or aircraft is considered a
pirate ship or aircraft if it is intended by the persons in dominant control to be 4. On the high seas, a State having jurisdiction in accordance with paragraph 3
used for the purpose of committing one of the acts referred to in article 101. The may, in conformity with article 110, arrest any person or ship engaged in
same applies if the ship or aircraft has been used to commit any such act, so long unauthorized broadcasting and seize the broadcasting apparatus.
as it remains under the control of the persons guilty of that act.

Article 104 Retention or loss of the nationality of a pirate ship or aircraft A ship
or aircraft may retain its nationality although it has become a pirate ship or
aircraft. The retention or loss of nationality is determined by the law of the State
from which such nationality was derived.

Article 105 Seizure of a pirate ship or aircraft On the high seas, or in any other
place outside the jurisdiction of any State, every State may seize a pirate ship or
aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and
arrest the persons and seize the property on board. The courts of the State which
carried out the seizure may decide upon the penalties to be imposed, and may
also determine the action to be taken with regard to the ships, aircraft or
property, subject to the rights of third parties acting in good faith.

Article 106 Liability for seizure without adequate grounds Where the seizure of a
ship or aircraft on suspicion of piracy has been effected without adequate
grounds, the State making the seizure shall be liable to the State the nationality
of which is possessed by the ship or aircraft for any loss or damage caused by the
seizure.

Article 107 Ships and aircraft which are entitled to seize on account of piracy A
seizure on account of piracy may be carried out only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as being on
government service and authorized to that effect.

Article 109 Unauthorized broadcasting from the high seas


1. All States shall cooperate in the suppression of unauthorized broadcasting
from the high seas.

2. For the purposes of this Convention, "unauthorized broadcasting" means the


transmission of sound radio or television broadcasts from a ship or installation
Republic Act No. 9372 March 6, 2007 SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
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
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
same.
assembled:

SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of
Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either
2007."
the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following imprisonment.
provisions of the Revised Penal Code:
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine organization, association, or group of persons organized for the purpose of engaging in
Waters); terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize
mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and
panic among the populace in order to coerce the government to give in to an unlawful demand
b. Article 134 (Rebellion or Insurrection); shall, upon application of the Department of Justice before a competent Regional Trial Court,
with due notice and opportunity to be heard given to the organization, association, or group of
c. Article 134-a (Coup d' Etat), including acts committed by private persons; persons concerned, be declared as a terrorist and outlawed organization, association, or group
of persons by the said Regional Trial Court.
d. Article 248 (Murder);

SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the
e. Article 267 (Kidnapping and Serious Illegal Detention); Revised Penal Code or any Special Penal Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid complaint or information or other formal charge
f. Article 324 (Crimes Involving Destruction), or under sufficient in form and substance to sustain a conviction and after the accused had pleaded to the
charge, the acquittal 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
1. Presidential Decree No. 1613 (The Law on Arson); this Act.

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing
Waste Control Act of 1990); treaty of which the Philippines is a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply: (1) to individual persons who
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of commit any of the crimes defined and punished in this Act within the terrestrial domain, interior
1968); waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although
physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any
of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to
4. Republic Act No. 6235 (Anti-Hijacking Law); individual persons who, although physically outside the territorial limits of the Philippines, commit
any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging
of 1974); and, to or occupied by the Philippine government in an official capacity; (5) to individual persons who,
although physically outside the territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws factor in the commission of the crime; and (6) to individual persons who, although physically
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or outside the territorial limits of the Philippines, commit said crimes directly against the Philippine
Disposition of Firearms, Ammunitions or Explosives) government.

thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without
the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL active part in the hostilities, including member of the armed forces who have
HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, laid down their arms and those placed hors de combat by sickness, wounds,
ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR detention or any other cause;
RELATED PURPOSES
(1) Violence to life and person, in particular, willful killings,
Be it enacted by the Senate and House of Representatives of the Philippines in mutilation, cruel treatment and torture;
Congress assembled:
(2) Committing outrages upon personal dignity, in particular,
CHAPTER III humiliating and degrading treatment;
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY (3) Taking of hostages; and

Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against (4) The passing of sentences and the carrying out of executions
Interntional Human Humanitarian Law" means: without previous judgment pronounced by a regularly constituted
court, affording all judicial guarantees which are generally
(a) In case of an international armed conflict , grave breaches of the Geneva recognized as indispensable.
Conventions of 12 August 1949, namely, any of the following acts against
persons or property protected under provisions of the relevant Geneva (c) Other serious violations of the laws and customs applicable in armed
Convention: conflict, within the established framework of international law, namely:

(1) Willful killing; (1) Internationally directing attacks against the civilian population as
such or against individual civilians not taking direct part in
(2) Torture or inhuman treatment, including biological experiments; hostilities;

(3) Willfully causing great suffering, or serious injury to body or (2) Intentionally directing attacks against civilian objects, that is,
health; object which are not military objectives;

(4) Extensive destruction and appropriation of property not justified (3) Intentionally directing attacks against buildings, material,
by military necessity and carried out unlawfully and wantonly; medical units and transport, and personnel using the distinctive
emblems of the Geneva Conventions or Additional Protocol III in
(5) Willfully depriving a prisoner of war or other protected person of conformity with intentional law;
the rights of fair and regular trial;
(4) Intentionally directing attacks against personnel, installations,
(6) Arbitrary deportation or forcible transfer of population or unlawful material, units or vehicles involved in a humanitarian assistance or
confinement; peacekeeping mission in accordance with the Charter of the United
Nations, as ling as they are entitled to the protection given to
civilians or civilian objects under the international law of armed
(7) Taking of hostages; conflict;

(8) Compelling a prisoner a prisoner of war or other protected (5) Launching an attack in the knowledge that such attack will
person to serve in the forces of a hostile power; and cause incidental loss of life or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage to the
(9) Unjustifiable delay in the repatriation of prisoners of war or other natural environment which would be excessive in relation to the
protected persons. concrete and direct military advantage anticipated;

(b) In case of a non-international armed conflict, serious violations of (6) Launching an attack against works or installations containing
common Article 3 to the four (4) Geneva Conventions of 12 August 1949, dangerous forces in the knowledge that such attack will cause
namely , any of the following acts committed against persons taking no
excessive loss of life, injury to civilians or damage to civilian (16) Ordering the displacements of the civilian population for
objects, and causing death or serious injury to body or health . reasons related to the conflict, unless the security of the civilians
involved or imperative military reasons so demand;
(7) Attacking or bombarding, by whatever means, towns, villages,
dwellings or buildings which are undefended and which are not (17) Transferring, directly or indirectly, by the occupying power of
military objectives, or making non-defended localities or parts of its own civilian population into the territory it occupies, or
demilitarized zones the object of attack; the deportation or transfer of all or parts of the population of the
occupied territory within or outside this territory;
(8) Killing or wounding a person in the knowledge that he/she
is hors de combat, including a combatant who, having laid down (18) Commiting outrages upon personal dignity, in particular,
his/her arms or no longer having means of defense, has humiliating and degrading treatments;
surrendered at discretion;
(19) Commiting rape, sexual slavery, enforced prostitution, forced
(9) Making improper use of a flag of truce, of the flag or the military pregnancy, enforced sterilization, or any other form of sexual
insignia and uniform of the enemy or of the United Nations, as well violence also constituting a grave breach of the Geneva
as of the distinctive emblems of the Geneva Conventions or other Conventions or a serious violation of common Article 3 to the
protective signs under International Humanitarian Law, resulting in Geneva Convensions;
death, serious personal injury or capture;
(20) Utilizing the presence of a civilian or other protected person to
(10) Intentionally directing attacks against buildings dedicated to render certain points, areas or military forces immune from military
religion, education, art, science or charitable purposes, historic operations;
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives. In case of doubt (21) Intentionally using starvation of civilians as a method of
whether such building or place has been used to make an effective warfare by depriving them of objects indespensable to their
contribution to military action, it shall be presumed not to be so survival, including willfully impeding relief supplies as provided for
used; under the Geneva Conventions and their Additional Protocols;

(11) Subjecting persons who are in the power of an adverse party (22) In an international armed conflict, compelling the nationals of
to physical mutilation or to medical or scientific experiments of any the hostile party to take part in the operations of war directed
kind, or to removal of tissue or organs for transplantation, which are against their own country, even if they were in the belligerent's
neither justified by the medical, dental or hospital treatment of the service before the commencement of the war;
person concerned nor carried out in his/her interest, and which
cause death to or seriously endanger the health of such person or
persons; (23) In an international armed conflict, declaring abolished,
suspended or inadmissible in a court of law the rights and actions
of the nationals of the hostile party;
(12) Killing, wounding or capturing an adversary by resort to
perfidy;
(24) Commiting any of the following acts:
(13) Declaring that no quarter will be given;
(i) Conscripting, enlisting or recruiting children under the
age of fifteen (15) years into the national armed forces;
(14) Destroying or seizing the enemy's property unless such
destruction or seizure is imperatively demanded by the necessities
of war; (ii) Conscripting, enlisting or recruiting children under the
age of eighteen (18) years into an armed force or group
other than the national armed forces; and
(15) Pillaging a town or place, even when taken by assault;
(iii) Using children under the age of eighteen (18) years to
participate actively in hostilities; and
(25) Employing means of warfare which are prohibited under a widespread or systematic attack directed against any civilian population, with
international law, such as: knowledge of the attack:

(i) Poison or poisoned weapons; (a) Willful killing;

(ii) Asphyxiating, poisonous or other gases, and all (b) Extermination;


analogous liquids, materials or devices;
(c) Enslavement;
(iii) Bullets which expand or flatten easily in the human
body, such as bullets with hard envelopes which do not (d) Arbitrary deportation or forcible transfer of population;
entirely cover the core or are pierced with incisions; and
(e) Imprisonment or other severe deprivation of physical liberty in violation of
(iv) Weapons, projectiles and material and methods of fundamental rules of international law;
warfare which are of the nature to cause superfluous injury
or unecessary suffering or which are inherently
indiscriminate in violation of the international law of armed (f) Torture;
conflict.
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
Any person found guilty of commiting any of the acts specified herein shall sterilization, or any other form of sexual violence of comparable gravity;
suffer the penalty provided under Section 7 of this Act.
(h) Persecution against any identifiable group or collectivity on political,
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the racial, national, ethnic, cultural, religious, gender, sexual orientation or other
following acts with intent to destroy, in whole or in part, a national, ethnic, racial, grounds that are universally recognized as impermissible under international
religious, social or any other similar stable and permanent group as such: law, in connection with any act referred to in this paragraph or any crime
defined in this Act;
(1) Killing members of the group;
(i) Enforced or involuntary disappearance of persons;
(2) Causing serious bodily or mental harm to members of the
group; (j) Apartheid; and

(3) Deliberately inflicting on the group conditions of life calculated to (k) Other inhumane acts of a similar character intentionally causing great
bring about its physical destruction in whole or in part; suffering, or serious injury to body or to mental or physical health.

(4) Imposing measures intended to prevent births within the group; Any person found guilty of committing any of the acts specified herein shall suffer the
and penalty provided under Section 7 of this Act.

(5) Forcibly transferring children of the group to another group. CHAPTER IV


PENAL PROVISIONS
(b) It shall be unlawful for any person to directly and publicly incite others to
commit genocide. Section 7. Penalties. - Any person found guilty of committing any of the acts provided
under Sections 4, 5 and 6 of this Act shall suffer the penalty of reclusion temporal in
its medium to maximum period and a fine ranging from One hundred thousand pesos
Any person found guilty of committing any of the acts specified in paragraphs (a) and (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00).
(b) of this section shall suffer the penalty provided under Section 7 of this Act.
When justified by the extreme gravity of the crime, especially where the commision of
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other any of the crimes specified herein results in death or serious physical injury, or
crimes against humanity" means any of the following acts when committed as part of constitutes rape, and considering the individual circumstances of the accused, the
penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos In addition, the court shall order the forfeiture of proceeds, property and assets
(Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed. derived, directly or indirectly, from that crime, without prejudice to the rights of bona
fide third (3rd) parties. The court shall also impose the corresponding accessory
Any person found guilty of inciting others to commit genocide referred to in Section penalties under the Revised Penal Code, especially where the offender is a public
5(b) of this Act shall suffer the penalty of prision mayor in its minimum period and a officer.
fine ranging from Ten thousand pesos (Php 10,000.00) to Twenty thousand pesos
(Php 20,000.00).