SPECIAL PENAL LAWS

I. Introduction Those who are not eligible for PAROLE under the Indeterminate
Distinguish mala in se and mala prohibita (RPC Art. 3) Sentence Law (Sec. 3)
mala (malum) in se mala (malum) prohibita Persons convicted of offenses punishable by:
Intent: criminal mind (relevant) Intent is irrelevant (it is the 1) Reclusion Perpetua
EFFECT that is relevant) 2) Those whose sentence would be reduced to Reclusion Perpetua
Presumed to have knowingly and
voluntarily acted Sec. 4 – The Board of Pardon and Parole shall cause the
RPC SPL publication:
Penalty: reclusion perpetua, Penalty: life imprisonment, etc.  at least one a week for three consecutive weeks in a newspaper
reclusion temporal, etc. of general circulation
Modifying circumstances can be General Rule: No Modifying  of the names of persons convicted of offenses punished with
availed of circumstances reclusion perpetua or life imprisonment by reason of this Act
Varying participation: Principal, General Rule: Principal only  who are being considered or recommend for commutation or
Accessory, Accomplice pardon
Stages: Consummated, General Rule: Consummated
Frustrated, Attempted Nothing herein shall limit the power of the President to grant
executive clemency under Section 19, Article VII of the Constitution.
General Rule: involves moral General Rule: does not involve
turpitude moral turpitude
 Mala in se crime not B. Juvenile Justice and Welfare Act (R.A. 9344; R.A.
involving moral turpitude: 10630)
HOMICIDE
Definitions
II. Special Laws Affecting Liabilities and Penalties Best Interest of  totality of the circumstances and conditions
A. Prohibition of Death Penalty (R.A. 9346) the Child most congenial to the survival, protection and
feelings of security of the child
Sec. 2 – In lieu of death penalty, the following shall be imposed:  most encouraging to the child's physical,
1) Reclusion Perpetua – If the law violated MAKES USES of the psychological and emotional development
nomenclature of the penalties found in the RPC  the least detrimental available alternative for
2) Life Imprisonment – If the law violated DOES NOT MAKE USE safeguarding the growth and development of
of the nomenclature of the penalties found in the RPC the child
Child in - child who is alleged as, accused of, or
Conflict with adjudged as, having committed an offense
the Law (CICL) under Philippine laws.

Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 1

SPECIAL PENAL LAWS

Diversion - alternative, child-appropriate process of Rights of the Child in Conflict with the Law (Sec. 5)
determining the responsibility and (a) the right not to be subjected to torture or other cruel, inhuman
treatment of a child in conflict with the law or degrading treatment or punishment;
(CICL) (b) the right not to be imposed a sentence of capital punishment
- basis: his/her social, cultural, economic, or life imprisonment, without the possibility of release;
psychological or educational background (c) the right not to be deprived, unlawfully or arbitrarily, of
- without resorting to formal court his/her liberty; detention or imprisonment being a disposition of
proceedings last resort, and which shall be for the shortest appropriate period
Diversion - the program that the child in conflict with the of time;
Program law is required to undergo after he/she is (d) the right to be treated with humanity and respect, for the
found responsible for an offense without inherent dignity of the person, and in a manner which takes into
resorting to formal court proceedings. account the needs of a person of his/her age. In particular, a child
Initial Contact - the apprehension or taking into custody of deprived of liberty shall be separated from adult offenders at all
With the Child a child in conflict with the law by law times. No child shall be detained together with adult offenders.
enforcement officers or private citizens i.e.: He/She shall be conveyed separately to or from court. He/She
- Alleged CICL receiving a subpoena (Section shall await hearing of his/her own case in a separate holding
3b of Rule 112 of CrimPro Rules) area. A child in conflict with the law shall have the right to
- Alleged CICL receiving summons (Section maintain contact with his/her family through correspondence and
6a or Section 9b in cases that do not require visits, save in exceptional circumstances;
preliminary investigation or there is no (e) the right to prompt access to legal and other appropriate
necessity to place alleged CICL under assistance, as well as the right to challenge the legality of the
immediate custody) deprivation of his/her liberty before a court or other
Intervention - series of activities which are designed to competent, independent and impartial authority, and to a
address issues that caused the child to prompt decision on such action;
commit an offense (f) the right to bail and recognizance, in appropriate cases;
- may take the form of an individualized (g) the right to testify as a witness in his/her own behalf under the
treatment program rule on examination of a child witness;
- like: counseling, skills training, education, and (h) the right to have his/her privacy respected fully at all stages of
other activities that will enhance his/her the proceedings;
psychological, emotional and psycho-social (i) the right to diversion if he/she is qualified and voluntarily
well-being. avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity
of the offense where his/her best interest, the rights of the
victim and the needs of society are all taken into

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SPECIAL PENAL LAWS

th
consideration by the court, under the principle of restorative - Deemed 15 on the day of the 15 anniversary of his
justice; birthdate (added portion of provision)
(k) the right to have restrictions on his/her personal liberty - IF ACTED WITHOUT DISCERNMENT: Child > 15 but < 18
limited to the minimum, and where discretion is given by law to yo: exempt from criminal liability + intervention program
the judge to determine whether to impose fine or imprisonment, - IF ACTED WITH DISCERNMENT: subjected to appropriate
the imposition of fine being preferred as the more appropriate proceedings
penalty; - Not exempted from civil liability.
(I) in general, the right to automatic suspension of sentence; Children Below the Age of Criminal Responsibility: (Sec. 20)
(m) the right to probation as an alternative to imprisonment, if  IF < 15 Y.O
qualified under the Probation Law;  Authority (in consultation with the local social welfare
(n) the right to be free from liability for perjury, concealment or and dev officer), has duty to immediately release child to
misrepresentation; and parents/guardian; child’s nearest relative (in the absence
(o) other rights as provided for under existing laws, rules and of parents/guardian); a duly registered NGO/religious
regulations. org/Barangay official/social welfare and dev
officer/DSWD (if no relative).
Determination of Age (Sec. 7)  Subjected to a community-based intervention program
 There’s presumption of minority UNLESS best interest of the child requires referral to a
 He/she shall enjoy all the rights of a CICL until proven to be 18 Bahay Pag-asa.
or older.  If child dependent/abandoned/neglected/abused by
 Age may be determined from: birth certificate, baptismal parents, he shall be placed in a Bahay Pag-asa +
certificate/any other pertinent documents; in the absence of written authorization for the voluntary commitment
which: based on info from child himself, testimonies of other of the child. Otherwise, proper petition for
persons, physical appearance of child and other relevant involuntary commitment shall be immediately filed
evidence. by the DSWD.
 In case of doubt as to age: resolved in his or her favor.  Minimum age for children committed to a Bahay Pag-
 Any person contesting age prior filing of Information  person asa: 12 y.o.
may file a summary proceeding for determination of age before
the Family Court. Serious Crimes Committed by Children Who Are Exempt from
Criminal Responsibility (Sec. 20-A)
- CRIMES involved: parricide, murder, infanticide,
IMPORTANT AMENDMENTS to RA 9344 by RA 10630: kidnapping, and serious illegal detention where victim is
Minimum age of criminal responsibility: (Sec. 6) killed or raped, robbery with homicide or rape, destructive
- 15 years or under at the time of the commission of the arson, rape, or carnapping where driver or occupant is killed
offense: exempt from criminal liability or raped, offenses under Comprehensive DDA (RA 9165)
- He shall be subjected to an intervention program (Sec. 20) punishable by more than 12 years of imprisonment

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SPECIAL PENAL LAWS

- Child who commits any of the above crimes: 12 y.o.-15y.o. - In the commission of a crime;
= neglected child. - Makes use, takes advantage of, or profits from the use of
- He shall be mandatorily placed in a special facility: Bahay children OR with abuse of confidence, takes advantage of
Pag-asa called the Intensive Juvenile Intervention and the vulnerabilities of the child and shall induce/threaten or
Support Center (IJISC). instigate the commission of the crime
- Proper petition for involuntary commitment under IJISC to be - PUNISHED BY: penalty of the crime committed in its
filed by the local social welfare and development officer of max. period.
LGU where offense committed/DSWD social worker w/in 24
hours from receipt of report on alleged commission --> Court Important part of Joint Parental Responsibility (Sec. 20-D)
shall decide on petition w/in 72 hours --> determine initial - Parents liable for damages
period of placement of child with the IJISC which shall not - UNLESS they prove, to the satisfaction of the court that:
be less than 1year. Case study and progress reports shall  They were exercising reasonable supervision over the
be submitted with the court so it can decide whether child at the tie the child committed the offense and
 Child has successfully completed the intervention exerted reasonable effort and utmost diligence to
program + reintegration OR prevent or discourage the child from committing another
 There’s a need for continuation of such rehabilitation. offense.
Duties during initial investigation (Sec. 22)
Repetition of Offenses (Sec. 20-B)
Also deemed a neglected child:  Law enforcement officer: determine where case involving
- Child above 12 y.o. up to 15 y.o the CICL should be referred
nd
- Commits an offense for the 2 time or oftener  Taking of the statement of child to be conducted in the
- Child previously subjected to intervention program presence of the following:
 Neglected child to undergo an intensive intervention  Child’s counsel of choice; PAO lawyer in the absence of
program former
 IF best interest of the child requires that he be placed in a  Parents/guardian/nearest relative
Bahay Pag-asa then:  Local social welfare and development officer
 Written authorization for voluntary commitment  In the absence of parents/guardian/relative: NGO
signed by parents/guardian representative/religious group/BCPC member
 IF guardian/parent absent/ they refuse to execute  Social worker: initial assessment to determine appropriate
authorization: involuntary commitment to be filed by interventions:
DSWD  IF CHILD 15 below OR above 15/below 18 + w/o
discernment: PROCEED WITH SECTION 20
Exploitation of Children for Commission of Crimes (Sec. 20-C)  IF CHILD above 15/below 18 + w/ discernment:
- Any person who: OR any person who abuses his authority PROCEED TO DIVERSION
over the child

Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 4

but not later than 8 hours after apprehension. handcuffs or other instruments of force or restraint . child DON’T’s shall be recorded as a ‘child at risk’ and not as a CICL. personal info and place of detention of .Determine the age of child CICL . littering. . 57) . parental disobedience.Subject the CICL to greater restraint than is necessary . smoking and anti-drinking laws. and if so. 21) Prosecutor will conduct a P.Record the following: violations: 1. anti. used. weapon. public scandal. 33) Procedure for Taking the Child into Custody (Sec. and drunkenness. or legal counsel in attendance who shall affix his/her and shall not be punished if committed by a child. CICL does not qualify for diversion . public urination and trespassing.Use violence or unnecessary force Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 5 . as well as light offenses 2. turn  Upon determination of probable cause > Information shall be over custody to the Social Welfare Development Office. the DSWD. The exhaustion of measures to determine the age of a child mendicancy. in the ff instances: DO’s 1. and the and misdemeanors against public order or safety PAO have been informed of the apprehension and the (disorderly conduct. signature to the said statement . Information must allege that child acted . . Any conduct not considered an offense or not penalized if shall be witnessed by the child's parents or guardian.Inform the reason for custody and advise of his constitutional rights . criminal nuisance. They shall instead be brought to their residence or to any examination or the failure to submit a child to such barangay official to be released to the custody of their examination parents. 3.Ensure that all statements signed by the child during investigation . That the parents or guardian of a child. No penalty shall be imposed on children on the following .SPECIAL PENAL LAWS Preliminary Investigation and Filing of Information (Sec. social committed by an adult shall not be considered an offense worker.Immediately. Child + parents/guardian do not agree to diversion and the offense he allegedly committed 3.Explain to the child in simple language why he is under custody 2. gambling. and the precise details of the physical and medical .Display or use any firearm.I. filed against the child before the Family Court w/in 45 days . vandalism. Prosecutor determines that diversion is not appropriate . details thereof.Ensure that child be secured in quarters separate from that of the with discernment opposite sex and adult offenders Violations of Local Ordinances (Sec.I. truancy.Refrain from using vulgar words or making sexual advances on the  Upon serving subpoena + affidavit of complaint > notify the CICL PAO of such service. harassment. the reason for such.Take the Child immediately to proper medical and health office from start of P. Appropriate intervention programs shall be provided. Whether handcuffs or other instruments of restraint were  Curfew violations.

voluntarily admits the commission of the act. or if the child. If the offense does not fall under Section 23(a) and (b). subsequent judicial. If during the conferencing. The period of prescription of the offense shall preliminary investigation to determine whether or not the child should be suspended until the completion of the diversion remain under custody and correspondingly charged in court. within three (3) days from Diversion may be conducted at the Katarungang Pambarangay. officer.SPECIAL PENAL LAWS o A child in conflict with the law shall only be searched by a law proceedings but not to exceed forty-five (45) days.  Imposable penalty exceeds 6 years: diversion measures 27) may be resorted to only by the court. quasi-judicial or administrative his/her parents or guardian does not consent to a diversion. the proceedings. as certified by the local social welfare Brgy shall conduct mediation. resolution . The period of prescription of the offense shall be suspended  Victimless crimes with penalty of not more than 6 years: during the effectivity of the diversion program. the determination of the absence of jurisdiction over the case or police investigation or the inquest or preliminary investigation stage termination of the diversion proceedings. 23) the program. The child shall present himself/herself to the competent up in a detention cell. Failure to comply with the terms and conditions of the years imprisonment: law enforcement officer or Punong contract of diversion. Diversion (Sec. shall give the offended party the conciliation + adopt indigenous modes of conflict option to institute the appropriate legal action. The diversion proceedings shall be completed within forty. a diversion program shall be developed when appropriate and desirable Duty of the Law Enforcement Officer When There is No as determined under Section 30. 26) fact that no agreement has been reached by the parties. the Stages Where Diversion May be Conducted (Sec. enforcement officer of the same gender and shall not be locked . the child shall be filed according to the regular process. or if the child. Such admission shall not be used against the child in any If the offense does not fall under Section 23(a) and (b). mediation or conciliation. but not local social welfare and development officer shall meet with exceeding a period of two (2) years. the case . to . certifying to the Contract of Diversion (Sec. Upon the issuance of the corresponding document. 28) . his/her parents or guardian does not consent to a diversion. as the case may be. the prosecutor or judge concerned for the conduct of inquest and/or five (45) days.  Imposable penalty for crime committed not more than 6 . and at all levels and phases of the proceedings including judicial forward the records of the case of the child to the law enforcement level. The diversion program shall be effective and Women and Children Protection Desk of the PNP. enforcement officer handling the case of the child under custody. as the case may be. prosecutor or the appropriate court. child and parents for the development of appropriate diversion/rehab program Duty of the Punong Barangay When There is No Diversion (Sec. family conferencing and and development officer. authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of DIVERSION (Sec. The Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 6 . 24) Punong Barangay handling the case shall. or other law binding if accepted by the parties concerned.

Safety of the community home. . 34) For purposes of recommending amount of bail: minority is a privileged mitigating circumstance. fine. Weight of evidence against the child  Placement with a family or in an educational setting or . 35) When child detained. The release of minor on recognizance to his parents and have been fulfilled other suitable person Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 7 . 38) confiscation and forfeiture of the proceeds) and. or institutional care and not judgment of conviction) w/o need of application custody . Court shall place CICL under suspended sentence (and payment of cost of proceedings. .e. When detention necessary:  Child will always be detained in youth detention homes Kinds of diversion programs: (Sec. Discharge of the CICL (Sec. Include adequate socio-cultural and psychological responses and services for the child Diversion Measures (Sec. the court the case > order final discharge of the child IF shall order:  It finds that the objective of the disposition measures . care/guidance and supervision orders. 39) . 36) . Influence of family and environment on the growth of the as: child  Close supervision . regardless of fine. such . . Transfer of the minor to a youth detention home Court shall not order detention of a child in jail pending trial. Best interest of the child . May be resorted to at the level of the punong barangay (ie Where max penalty imposed for the offense the CICL is charged with restitution of property. Factors in determining diversion program: (Sec. written or is not more than 12 years. 31) established by LGUs. Upon recommendation of social worker > court shall dismiss Release on recognizance (Sec. Nature and circumstances of offense charged Detention of the Child Pending Trial (Sec. written or oral reprimand. before arraignment > oral apology. 29) . Circumstances of child . Reparation of injury to victim  Intensive care . same as those at the punong barangay level. . 37) . Automatic suspension of sentence: (Sec. Suspension of sentence shall still be applied even if the juvenile is already 18 + at the time of pronouncement of guilt. Frequency and severity of the act Apart from those provided under Section 35: . indemnification. at the level . court shall determine w/n diversion is appropriate.. Bail (Sec. Detention may be replaced by alternative measures. of the law enforcement officer and prosecutor (i. Child under 18 found guilty > court shall determine civil of the appropriate court (same as those at punong barangay liability and law enforcement levels.SPECIAL PENAL LAWS document transmitting said records shall display the word "CHILD" in . reparation. counseling). Release on bail bold letters.

SPECIAL PENAL LAWS

- Discharge of CICL shall not affect the civil liability resulting o They are members of the same family.
from the commission of the offense.
Female Children in conflict with the law (Sec. 47)
Return of the CICL to Court (Sec. 40) - given special attention as to their personal needs and
- If court finds that the objective of the disposition measures problems
imposed upon CICL have not been fulfilled OR - handled by female doctors, correction officers and social
- CICL has willfully failed to comply with the conditions of his workers
rehab program - accommodated separately from male children in conflict with
 he shall be brought before the court for execution of the law.
judgment
- If CICL reached 18 yo + suspended sentence > court shall Confinement of Convicted Children in Agricultural Camps and
determine: other training facilities (Sec. 51) A CICL (conviction + order of the
 Whether to discharge court) > may be made to serve his sentence in lieu of confinement, in
 Order execution of sentence OR an agricultural camp (and other training facilities) > established and
 Extend suspended sentence (for a specified period OR supervised by BuCor + DSWD,
until CICL reaches 21)
Rehab of CICL (Sec. 52)
Credit in Service of Sentence (Sec. 41) CICL shall be credited in CICL with suspended sentences may undergo any or combination of
the services of his sentences with the full time spent in actual disposition measures best suited to the welfare of the child.
commitment and detention
Exemption from Application of Death Penalty (Sec. 59)
Probation as an Alternative to Imprisonment (Sec. 42) The provisions of the RPC, RA 9165 and other SPL, no death
- Court may after conviction + application, place CICL on penalty shall be imposed upon CICL.
probation in lieu of service of sentence.
Prohibition Against Labeling and Shaming (Sec. 60)
Confidentiality of Records and proceedings (Sec. 43) - In the conduct of proceedings beginning from the initial
All records and proceedings involving CICL from initial contact until contact with the child
final disposition of the case shall be considered privileged and - Competent authorities must:
confidential.  Refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes, or
- No child shall be received in any rehab or training facility without attaching to them in any manner any other
a valid order issued by the court after a hearing for the derogatory names.
purpose.  No discriminatory remarks and practices shall be
- In all rehab or training facilities, it shall be mandatory that allowed particularly with respect to the child’s class or
children shall be separated from adults unless: ethnic origin.

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SPECIAL PENAL LAWS

 Imposition of the Indeterminate Sentence in all criminal
Other prohibited acts (Sec. 61) offenses is MANDATORY with the definite minimum and
- Employment of threats of whatever kind and nature maximum terms, whether punishable by the RPC or by special
- Employment of abusive, coercive and punitive measures penal laws.
such as cursing, beating, stripping and solitary o Provided that the imprisonment would exceed more than
confinement 1 year and only when the ISL would be favorable to the
- Employment of degrading, inhuman and cruel forms of accused.
punishment such as shaving the heads, pouring irritating,  Mitigating and Aggravating circumstances are ONLY considered
corrosive or harmful substances over the body of the in the imposition of the maximum terms of the indeterminate
CICL/forcing him to walk around the community wearing sentence. They are NOT considered in fixing the minimum.
signs which embarrass, humiliate and degrade his [Reyes citing People v. De Joya and People v. Gonzales, 796-
personality and dignity. 797].
- Compelling the child to perform involuntary servitude in  The minimum penalty is within the discretion of within the range
any and all forms under any and all circumstances of the next lower penalty (if RPC) and within the prescribed
penalty (if Special Law).
Violation of the Provisions of this Act or Rules or Regulations in
General (Sec. 62) Sentence in the ISL (Sec. 1)
Any person who violates any provision of this Act or any rule or Penalty imposed by the RPC Penalty Imposed by Special
regulation promulgated in accordance thereof shall, upon conviction Penal Law
for each act or omission, be punished by a fine of not less than MAXIMUM TERM
Twenty thousand pesos (P20,000.00) but not more than Fifty That which could be properly Must not exceed the maximum
thousand pesos (P50,000.00) or suffer imprisonment of not less imposed under the RPC, term fixed by the said law.
than eight (8) years but not more than ten (10) years, or both considering the aggravating
such fine and imprisonment at the discretion of the court, and mitigating circumstances
unless a higher penalty is provided for in the Revised Penal MINIMUM TERM
Code or special laws. If the offender is a public officer or employee, Within the range of the penalty Must not be less than the
he/she shall, in addition to such fine and/or imprisonment, be held one degree lower than that minimum term prescribed by
administratively liable and shall suffer the penalty of perpetual prescribed by the RPC without the same.
absolute disqualification. considering the circumstances.
NOTES
C. Indeterminate Sentence Law (Act 4103) When there is a privilege For Special Laws, it is anything
mitigating circumstance, so that within the inclusive range of the
Note: the penalty has to be lowered prescribed penalty.
 There is a need to specify the minimum and maximum periods of by one degree, the starting
the Indeterminate Sentence Law.

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SPECIAL PENAL LAWS

point for determining the The Courts are given discretion Note:
minimum term of the in imposition of the  Habitual Delinquent – A person, who within a period of 10 yers
Indeterminate penalty is would Indeterminate penalty within the from the date of his (last) release or last conviction of the crimes
be two degrees lower than that range. of (1) serious or less serious physical injuries, (2) robo, (3) hurto,
prescribed by the Code for the (4) estafa, or (5) falsification, is found guilty of any of said crimes
offense. (One degree lower The aggravating and mitigating a third time or oftener [Sec. 5, Art. 65, Reyes, 733].
after applying the mitigating circumstances are not  Recidivism or Habituality – The offender has been previously
circumstance) [People v. considered unless the special punished for an offense to which the law attaches an equal or
Gonzales] law adopts the same greater penalty or for two or more crimes to which it attaches a
terminology for the penalties as lighter penalty [Sec. 10, Art. 14, Reyes, 395].
those used in the RPC.  Recidivist – A person at the time of his trial for one crime, shall
have been previously convicted by final judgment of another
When is the Benefit of the ISL NOT APPLICABLE (Sec. 2): crime embraced in the same title of the RPC [Sec. 9, Art. 14,
The Indeterminate Sentence Law shall not apply to the following Reyes, 392].
persons:  Recidivists are entitles to an indeterminate sentence [People v.
1) Maximum term of imprisonment ACTUALLY IMPOSED does Jaramilla, G.R. No. L-28547, February 22, 1974].
not exceed 1 year;  Offender is not disqualified to avail of the benefits of the law
2) Offenses punished with death penalty or life-imprisonment; even if the crime is commited while he is on parole. [People v.
3) Convicted of treason, conspiracy or proposal to commit Calreon, CA 78 O.G. 6701, November 19, 1982]
treason;
4) Convicted of misprision of treason, rebellion, sedition or Release of Prisoner on Parole (Sec. 5)
espionage; The Board of Indeterminate Sentence may authorize the release of a
5) Convicted of piracy; prisoner on parole:
6) Habitual delinquents; 1. upon such terms and conditions as prescribed
7) Those who have escaped from confinement or evaded 2. after he shall have served the minimum penalty imposed on
sentence; him,
8) Those been granted conditional pardon by the Chief Executive 3. provided that it shall appear to the Board from the reports of
and shall have violated the terms thereof the prisoner’s work and conduct and from the study and
9) Those who, upon the approval of the law (December 5, 1933), investigation made by the Board that:
had been sentenced by final judgment. (Reyes, 812) a. Such prisoner is fitted by his training for release;
10) Sentence to the penalty of destierro or suspension only b. There is reasonable probability that he will live and
(Reyes, 812) remain at liberty without violating the law; and
c. Such release will not be incompatible with the welfare
of society.

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SPECIAL PENAL LAWS

Note: Based on the wording of the law, it is discretionary upon the i. Maximum Term – reclusion temporal imposed in
Board even if the prisoner has served the minimum sentence. He the maximum period.
may continue to serve until the end of the maximum period. ii. Minimum Term – anywhere within the range of
prision mayor without reference to any of its
Entitlement of Final Release and Discharge (Sec. 6) period.
During the period of surveillance, such paroled prisoner shall: 4. One privilege mitigating or two mitigating circumstances
1. Show himself to be a law-aiding citizen; i. Maximum Term – prision mayor imposed in the
2. Shall not violate any law. medium period.
ii. Minimum Term – anywhere within the range of
Sanction for Violation of Conditions of the Parole (Sec. 8) prision correcional.
When the paroled prisoner shall violate any of the conditions of his
parole: 2. Under Special Law
1. The Board may issue an order for his arrest which may be A is convicted of illegal possession of firearms punishable by 1
served in any part of the Philippines by any police officer; and year and 1 day to 5 years of imprisonment
2. The prisoner shall serve the remaining unexpired portion of the a. Maximum Term – shall not exceed 5 years as fixed by law
maximum sentence for which he was originally committed to Minimum Term – shall not be less than the minimum period of 1
prison. year and 1 day as prescribed by law.

Illustration of the ISL D. Probation Law (P.D. 968; P.D. 1257)
1. Under the RPC
If penalty imposed is reclusion temporal upon A for committing Definition
homicide: Probation a disposition under which a defendant, after conviction
1. No mitigating or aggravating circumstance and sentence, is released subject to conditions imposed
i. Maximum Term – reclusion temporal imposed in by the court and to the supervision of a probation
the medium period. officer.
ii. Minimum Term – anywhere within the range of
prision mayor, being the penalty next lower than APPLICATION FOR PROBATION
reclusion temporal. When can defendant appeal?
2. One mitigating circumstance  After conviction and sentencing of a defendant within the period
i. Maximum Term – reclusion temporal imposed in of perfecting an appeal, but if the defendant has perfected the
the minimum period. appeal from the judgment of conviction, no application for
ii. Minimum Term – anywhere within the range of probation shall be entertained or granted.
prision mayor without reference to any of its o An application for probation shall be filed with the trial
period. court. The filing of the application shall be deemed a
3. One aggravating circumstance waiver of the right to appeal.

Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 11

 who have been once on probation under the provisions of this Decree. and What happens after applying for probation?  who are already serving sentence on January 3.court shall Those: inform in writing both probation officer and probationer. environment.  sentenced to serve a maximum term of imprisonment of more  Probationer and his probation program shall be under the control than six years. the investigation. appealable. crime during probation period. or  During the period of probation. of the court who placed him on probation subject to actual  convicted of subversion or any crime against the national supervision and visitation by a probation officer. Who are disqualified from availing the benefits of probation?  Change in the period or conditions of probation . Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 12 .e. he shall serve the penalty provided by his commitment to an institution). 1978 (Sec. (See Sec. character.) consequences thereof and explain that failure to comply with any  Probation shall be denied if the court finds that: of the conditions prescribed in the probation order or his o The offender is in need of correctional treatment (better commission of another offense. the court may revise or modify o Probation will depreciate the seriousness of the offense the conditions or period of probation upon application of committed. The Court must notify both of them of the application of the other for opportunity to be heard. available  Issuance .time when the court informs offender of the institutional and community resources.SPECIAL PENAL LAWS o Probation may be granted whether the sentence  who have previously been convicted by final judgment of an imposes a term of imprisonment or a fine only.. 33  Post-sentence Investigation When substantive provisions took effect.) o Investigation by the probation officer and determination by the court What are the conditions of probation?  Submission of Investigation Report Conditions in probation order: o Probation officer shall submit to the court the  Present himself to his probation officer designated to undertake investigation report on a defendant not later than sixty his supervision at a place specified in the order within 72 hours days from receipt of the order of said court to conduct from receipt of said order. later than fifteen days after receipts of said report.  A probation order shall take effect upon its issuance. probationer or probation officer. offense punished by imprisonment of not less than one month o An order granting or denying probation shall not be and one day and/or a fine of not less than Two Hundred Pesos. etc. The court may require additional conditions. or imposed for the offense under which he was placed on o There is undue risk the offender will commit another probation. security or the public order. mental and physical condition.  Report to his probation officer at least once a month at such time o The court shall resolve the application for probation not and place as specified by said officer. 10 of this PD) What is the criteria for placing an offender in probation? What happens after application for probation is granted?  The court shall consider all aspects of the offenders life (i.

there is no subsidiary penalty for nonpayment 15 days. he shall be subject to a Fine only with Shall not be less than nor be more than subsidiary personal liability at the rate of one day for each amount subsidiary twice the total number of days of subsidiary equivalent to the highest minimum wage rate prevailing in the imprisonment in case imprisonment as computed at the rate Philippines at the time of the rendition of judgment of conviction of insolvency established in Art 39* of RPC. which are not exempt from execution [People v. by the trial court * If penalty imposed is fine only. the court shall order the probationer to serve unless the judgment EXPRESSLY so provides [People v. subsidiary imprisonment < As Art. offense is light. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 13 . and grave or less grave offense – subsidiary No subsidiary penalty for nonpayment of other pecuniary imprisonment < 6 months. 39 is worded. Fajardo. Dacuycuy. 38. of (1) reparation of the damages cause. the sentence originally imposed. SENTENCE PERIOD OF PROBATION E. 39) or less If the convict has no property with which to meet the fine More than a year Shall not exceed 6 years mentioned in paragraph 3 of the Art.A. Reyes  The defendant may be admitted to bail pending such hearing. An accused cannot be made to undergo subsidiary imprisonment o If revoked. 10159) Imprisonment 1 year Shall not exceed 2 years When may subsidiary penalty be imposed? (Art. and the costs of proceedings.  The court may revoke or continue his probation and modify the conditions thereof.SPECIAL PENAL LAWS  Probationer is permitted to reside in a place under the jurisdiction of another court . 648]. was granted. Reyes. probationer shall immediately be paying for the fine when he has enough property to meet the fine brought before the court for a summary hearing. (2) indemnification of the consequential damages. Subsidiary Penalty (R. What happens when probationer violates conditions? 648)  Court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. But when the liabilities  only applicable to fines. (Reyes. Notes: A person may not chose to serve the subsidiary penalty instead of  Once arrested and detained.control over him shall be transferred to the What happens at the termination of probation? Executive Judge of the Court of First Instance of that place  Termination shall operate to restore to him all civil rights lost or o a copy of the probation order. 649] o An order revoking or modifying the terms and conditions of probation shall not be appealable. the investigation report suspend as a result of his conviction and to fully discharge his and other pertinent records shall be furnished said liability for any fine imposed as to the offense for which probation Executive Judge.

 If the penalty imposed is destierro. including the so-called perpetua penalties as long as they involve deprivation of liberty. If the principal penalty imposed is NOT to be executed by 632]. furnish the required bail [Reyes. 29 – Period for Preventive Imprisonment Note:  subsidiary imprisonment ≤ 1/3penalty ≤ 365 Notes:  max penalty in prision correcional is 3 years or less. The subsidiary personal liability which the convict may have If the detention prisoner does not agree to abide by the same suffered by reason of his insolvency shall not relieve him disciplinary rules imposed upon convicted prisoners. When the detention prisoner agrees voluntarily in writing after Note (Reyes. 2. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 14 . Fraction of a day. Preventive Imprisonment (R. 3. and F. When the principal penalty imposed be only a fine – the It applies to destierro [People v. 2. It is no necessary that he agreed to abide by the disciplinary rules imposed upon convicted prisoners [Reyes. 10592) b. the subsidiary penalty shall also be destierro. if  Rules on preventive imprisonment applies to all sentences not the 1 year subsidiary imprisonment shall apply regardless of the duration thereof. When the principal penalty imposed is higher than prision the youthful offender shall be credited in the service of his correccional. 631]. 636): being informed of the effects thereof and with the assistance of  If the penalty is imprisonment. no subsidiary imprisonment shall be imposed sentence with the full time he spent in actual confinement and upon the culprit. 631- 4. subsidiary imprisonment shall February 2.R. No. detention. if the culprit shall have been  The accused undergoes preventive imprisonment when the prosecuted for a grave or less grave felony offense charged is nonbailable.A. in no case shall it continue for more than one year. L-32792. the subsidiary penalty counsel to abide by the same disciplinary rules imposed upon must be imprisonment convicted prisoners. not exceed 1/3 of the term of the sentence. Bastasa. if for a light felony. confinement in a penal institution. not counted against the prisoner Art.SPECIAL PENAL LAWS Rules to Subsidiary Imprisonment: from the fine in case his financial circumstances should 1. When will he be credited only with 4/5 the time during which he has gone preventive imprisonment? 5. and c.  [Important] Under Art. G. If the principal penalty imposed be prision correcional or improve. Not exceed 15 days. but such penalty is of fixed duration – subsidiary penalty shall consist in the same When is the DETENTION PRISONER entitled to the full credit of deprivations as those of the principal penalty under the same his preventive imprisonment? rules as in No. Not exceed 6 months. he shall do so in writing with the assistance of a counsel. 197 of the Child and Youth Welfare Code. and 3 above. he cannot b. 1979] a. arresto and fine – subsidiary imprisonment shall: a. or even if bailale. 1.

Good Conduct Time Allowance and other Allowances  No. teaching release under this paragraph shall be the actual period of detention or mentoring service time rendered. finally. however.” pursuant to Article 29 of this Code Thus. When upon being summoned for the execution of their sentenced is destierro. Note: G. and In case the maximum penalty to which the accused may be 2. 97: Allowance for Good Conduct  No. Gona. the court may motu proprio order the rearrest of the accused: Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 15 . That if the accused is absent without above allowances for good conduct. 3-5 years 23 days if the same is under review. in addition to the above for each month of study. 2 refers to convicts who failed to voluntarily surrender to Who may avail of allowance for good conduct? serve their penalties under a final judgment. or have been convicted previously twice or more times of any crime. justifiable cause at any stage of the trial. he shall be released after 30 days of sentence they have failed to surrender voluntarily.SPECIAL PENAL LAWS  Provided. 29 would not apply whether full or 4/5 escapees and persons charged with heinous crimes are credit: excluded from the coverage of this Act. 10592) recidivist or that at least he has been “convicted previously twice or more times of any crime” [People v. with good conduct time allowance: An appeal by the accused shall not deprive him of entitlement to the  Provided. habitual delinquents.A. 1 includes Habitual Delinquents as they are necessarily a (R. it does not refer to failure or refusal to voluntarily surrender 2. 6-10 years 25 days 11 yrs and onwards 30 days Computation of preventive imprisonment for purposes of immediate 15 days. Any convicted prisoner in any penal institution. Reyes. The law says “when 1. rehabilitation or after the commission of the crime. 635] Art. Instances when Art. he shall be released immediately without prejudice to 1-2 years 20 days for each month the continuation of the trial thereof or the proceeding on appeal. 1. Any offender qualified for credit for preventinve imprisonment upon being summoned for the execution of their sentence. Rules regarding the deductions for good conduct from the period of his sentence: Whenever an accused has undergone preventive imprisonment for a Duration of Imprisonment # of Days of Deduction for period equal to the possible maximum imprisonment of the offense EVERY MONTH of good charged to which he may be sentenced and his case is not yet behavior during detention terminated. That recidivists. preventive imprisonment. detention center or any other local jail Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years. When they are recidivists.

discounting. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices. (g) soliciting. or facilitating the escape of. preventive imprisonment or serving sentence [Codal] criminal cases. 98: Special Time Allowance for Loyalty H.  Deduction of 1/5 is based on the original sentence [Reyes. document. 1. good conduct: (d) publicly using a fictitious name for the purpose of concealing a 1. or agreeing to accept any benefit in consideration of abstaining from. has committed any offense under existing penal laws Whenever lawfully justified. or 2. presenting or using any record. destroying. 2. 1829) A deduction of 1/5 of the period of his sentence shall be granted to any prisoner who. or in the courts. document. legibility. any person he knows. 99: Who Grants Time Allowance suspect. 98 shall apply to any prisoner whether undergoing or to be used in the investigation of. Such allowance once granted shall not be revoked. with intent to impair its verity. frustrates or delays the apprehension of suspects and his sentence under the circumstances mentioned in Article 158 the investigation and prosecution of criminal cases of this Code. the following shall grant allowances for in order to prevent his arrest prosecution and conviction. or from reporting the commission of any offense or the identity A deduction of 2/5 of the period of his sentence shall be granted: of any offender/s by means of bribery. record. evading prosecution or the execution of a judgment. criminal cases. Gives himself up to the authorities within 48 hours following the Acts Punished: issuance of a proclamation announcing the passing away of (a) preventing witnesses from testifying in any criminal proceeding the calamity or catastrophe referred to in said article. force or threats. or official proceedings in. confinement notwithstanding the existence of a calamity or (b) altering. misrepresentation. or object. If the said prisoner chose to stay in the place of his deceit. Warden of a provincial district. Offender: Any person who knowingly or willfully obstructs. intimidation. or official proceedings in.D. the same purpose or purposes. or impeding the prosecution of a criminal offender. or admissibility as evidence Note: in any investigation of or official proceedings in. Director of Bureau of Corrections crime. suppressing or concealing any paper. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of.SPECIAL PENAL LAWS Art. 896] (c) harboring or concealing. Having evaded his preventive imprisonment or the service of impedes. criminal cases. Chief of the Bureau of jail Management and penology. (f) making.  Art. municipal or city jail. in Tanodbayan. Obstruction of Justice (P. catastrophe enumerated in Article 158 of this Code. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 16 . or has reasonable ground to believe or Art. availability. accepting. and/or concealing his true name and other personal circumstances for 3. 1. authenticity.

official proceedings in.000 pesos. association corporation or partnership SHORT NOTES: or other organization who/which commits the act of  The Fence is a partnership.000 to 6. whether lawful or unlawful.000 < 22. shall buy.000 pesos Prision Correccional Minimum and .D.Perpetual disqualification from holding public office + penalty Medium imposed if committed by a public official or employee > 50 < 200 pesos Arresto Mayor in its Medium to Prision Correccional in its Minimum I. o The president or the manager or any officer who knows or should have known the commission of the offense shall be liable. object taken criminal cases.adding one court.  Mere possession object. Accused knows.000 < 12. that the thing (i) giving of false or fabricated information to mislead or prevent the or object was derived from the proceeds of the crime law enforcement agencies from apprehending the offender or of robbery or theft. firm.000 pesos Prision Mayor BUT if any of the acts mentioned herein is penalized by any > 6.SPECIAL PENAL LAWS (h) threatening directly or indirectly another with the infliction of any wrong upon his person. in order to prevent a person from sell or dispose of. or fabricating 4. or imposing a condition. 1612) > five (5) < 50 pesos Arresto Mayor in its Medium < 5 pesos Arresto Mayor in its Minimum Definitions Fence Any person. receive. Accused has intent to gain for himself or for another. information from the data gathered in confidence by investigating authorities for purposes of background PENALTIES: information and not for publication and publishing or Value of Property involved Penalty disseminating the same to mislead the investigator or to the > 22. conceal.000 pesos. Accused. the higher penalty shall be Maximum imposed > 200 < 6. or temporal) both > 12.000 pesos Prision Mayor Maximum . or shall buy and sell. keep. but total penalty should not Penalty for any of the acts punished: prision correccional in its exceed 20 years (which is reclusion maximum period. firm. or a fine ranging from 1. A robbery or theft has been committed prevent such person from appearing in the investigation of. from protecting the life or property of the victim. which has been the subject of robbery Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 17 . or 2. item. honor or property or that of any Fencing ELEMENTS: (Enumeration from Dimat) immediate member or members of his family in order to 1. who did not take part in the robbery or theft. 3. year for each additional 10. or in any other appearing in the investigation of or in official proceedings in. acquire. manner deal in any article.000 pesos Prision Correccional Medium and other law with a higher penalty. possess. criminal cases. corporation or association fencing. Fencing (P. or should have known.

before offering the 2. No. 2006]. It shall begin to run again if the proceedings are dismissed for  Special acts shall be acts defining and penalizing violation of reasons not constituting jeopardy. If the same be not known at the time. or 1 year  Imprisonment for not more than one month. secure the necessary clearance or thereof and the institution of judicial proceeding for its permit from the station commander of the PNP in the town or city investigation and punishment. 2)  All stores. Interruption of Prescription (Sec. where such store. 1): 165510-33. 2) J. Start of Prescription (Sec. and from an unlicensed dealer or supplier shall. establishments or entities dealing in the buy and sell Prescription shall begin to run from: of any good.R. 3) 2. (Sec. object or anything of value obtained 1.SPECIAL PENAL LAWS or thievery shall be prima facie evidence of fencing.  Violation of law na wala sa RPC. from the discovery same for sale to the public. Marcelo. or  Both Imprisonment of More than 1 4 years month but less than 2 years 2 years or more. but less than 6 8 years years 6 years or more 12 years Violations penalized by municipal 2 months ordinances Violations of any law or part of 5 years law administered by the BIR Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 18 . Note: The running of the prescription of an offense punished by a special law is NOT TOLLED BY THE ABSENCE OF THE Acts in Violations Penalized by Special Laws shall prescribe OFFENDER FROM Philippine soil [Romualdez v. establishment or entity is located. article item. Offenses punishment by Prescriptive Period imprisonment  If only by a fine. July 28. The day of the commission of the violation of the law. the law not included in the RPC. Prescription (Act 3326) Prescription shall be interrupted 1. When is a special act? (Sec. G. When proceedings are instituted against the guilty person.

imbecile. striking with objects treatment or punishment consequence of the Independent Crime and jumping on the stomach (2) Any person who cooperated act. or dysfunction of one or more parts of another in the commission c. (3) Prision Mayor (med- h. hot oil. including the enforcement agencies the victim due to guilt. or acids or spices lower ranking personnel to mental/psychological directly on the wound commit torture for whatever torture resulted in e. Torture shall not benefit and other stuff or substances not inhuman and degrading impotent. by rubbing of or senior government (2) Reclusion Temporal— criminal proceedings or pepper or other chemical substances on official who orderd any if act of sanctions mucous membranes. (4) Any immediate b. Submersion of the head in water or purpose a. Rape and sexual abuse. Being tied or forced to assume fixed and immediate senior public insane stressful bodily position. insertion or foreign objects into the sex a. Complete or partial vomit and/or blood until the brink of commanding officer of the amnesia suffocation. d. Fear of becoming f. Cigarette Burning. Physical Torture—treatment or punishment Criminally Liable (1) Reclusion Perpetua—if not be absorbed by any inflicted by a person in authority or agent of a PRINCIPALS: the torture led to other felony committed as person in authority upon another in his/her (1) Any person who a. acid. or electrical torture of negligence committed by shame the genitals. Insanity water polluted with excrement. or induced b. inhuman and degrading sexual abuse and in Separately and as an punching. With Rape commission thereof. Any act or omission. police e. the victim shall b. exhaustion participated. max)—if the Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 19 . burning by electrically or law enforcement officer children exempting them from any heated rods. Mutilation means in the conduct or disability. It the body of torture or other cruel. Suicidal tendencies of g. Food Deprivation of forcible feeding with in the execution of the act of have become Section 16: Acts of spoiled food. official (PNP) and other law d.SPECIAL PENAL LAWS III.A. Committed against that will have the effect of d. Mutilation or amputation of the essential abetted or allowed. 9745) ACTS PUNISHED OFFENDERS PENALTIES OTHERS Section 4: Acts of Torture Section 13: Who are Section 14: Penalties Section 15: Torture shall 1. urine. Electric Shock (3) Any superior military. him that led. insane. kicking. animal or human excreta torture or other cruel. Humanitarian and Human Rights Law A. assisted. Systematic beating. With other forms of shall be treated a. Death of any person a consequence or as a custody that causes severe pain. head banging. or worthlessness or organ or rectum. Anti-Torture (R. unit concerned (AFP) or the c. blind or from any special amnesty normally eaten treatment maimed for life law or similar measures c.

(7) Prision Correccional— Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 20 . commission by his/her led the victim to: i. and did not take any c. Use of plastic bag and other materials acts of torture or other such member placed over the head to the point of cruel. leg as sunlight and extreme cold. directly or indirectly. such as: acts punished c. punished is being a. etc. arm. knowledge that the acts led the victim to: d.SPECIAL PENAL LAWS parts of the body such as the genitalia. alertness or will committed. Lost any part of his ii. tongue. committed and without labor for 30 days or public display or public humiliation of a having participate therein. Become deformed reduce mental competency within his area of b. Lost of power of the teeth. Permanently asphyxiation degrading treatment or incapacitated for labor m. owing to the b. Ill or incapacitated for n. memory. hand. Lost of an eye. the consequence of torture ear. Analogous acts of physical torture preventive or corrective labor for a period of action—before. inhuman and d. less detainee or prisoner as principal or accomplice. Mental/Psychological Torture—refers to acts immediately after its (5) Prision Correccional— committed by a person in authority or agents of commission—when such if the act of torture a person in authority which are calculated to person has authority to a. Emotional harm a. Mental harm person’s dignity and morale. The use of drugs to induce responsibility body other than those extreme pain or certain c. k. Use of psychoactive drugs to change punishment shall be (4) Prision Mayor (min- the perception. Confinement in solitary cells or secret employee if he has consequence of torture detention places. committed. Prolonged interrogation. hear. Preparing a prisoner for a “show trial”. should have known that c. Blindfolding b. Administration or drugs to committed by his led the victim to: induce confession and/or subordinates or other a. Ill or incapacitated for e. smell j. Lost of the use of any l. If he had knowledge of or speech. b. Threatening a person(s) or his/her ACCESORY: (6) Prision Correccional relative(s) with bodily harm (1) Any public officer or (min-med) —if the c. foot. Psychological harm affect or confuse the mind and/or undermine a prevent or investigate the b. Harmful exposure to the elements such circumstances at the time. Dental torture or the forced extraction of subordinates a. being med)—if the of a person. Despite such knowledge previously stated symptoms of a disease. Pulling out of fingernails. during or more than 90 days 2. has been consequence of torture i.

state of health of the updated list of victim detention centers and facilities Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 21 . Inhuman and Degrading enforcement Treatment or Punishment—Refers to a deliberate a. accessory acts done with treatment or k. the effects of the acts and/or effect or cause g. humiliation or debasement to the latter. shaving the victim’s head principal/s in the acts constituting cruel. destroying the effects or other similar forms of relatives or any third party. Concealing the acts confinement. h. Harboring. Denial of sleep/rest prevent its discovery (Section 7) j. Analogous acts of mental/psychological Responsible officers or torture personnel of the AFP. Shame infliction such as stripping the c. (9) Arresto Mayor— l. and in public an some cases. (8) Arresto Mayor— person naked. Profiting from or assisting maintain secret place to another. instruments in order to prohibited detention i. physical and mental effects. Deliberately prohibiting the victim to abuse of the official’s punishment (Section communicate with any member of public functions 5) his/her family. Causing unscheduled transfer of a takes subsequent actions: establish. Maltreating a member/s of a person’s punished to effect solitary family b. gross maintain. PNP and other law Section 5: Other Cruel. age. parading him/her in assisting in the escape of imposed for acts public places. concealing. or putting marks on his/her body against punished: provided— inhuman or degrading his/her will. The submit or assessment of the level of severity shall depend on make all circumstances of the case—duration or available punishment.SPECIAL PENAL LAWS f. which attains a level his/her duty to of severity sufficient to cause suffering. creating the belief that the offender to profit from detention places he/she shall be summarily executed. Causing the torture sessions to be punished and/or incommunicado or witnessed by the person’s family. religion. Failure to and aggravated treatment or punishment NOT perform enumerated under Section 4. operate and person deprived of liberty from one a.

rep of Right Against EID Rights against EID and safeguards for its private. Right of access to This is an absolute right of any person Duty of Any inquest or Shall have the To his or her Communication deprived of liberty. Rights morgue. relative. detention. inform their family. Definitions Enforced or ELEMENTS of EID Duties Involuntary WHO (has the WHAT (to do) TO WHOM Disappearance ACTS: Arrest. AFP. police. not Shall immediately To any office. presence or media inquired Right to Disobey “Order of Battle” or anything similar that can whereabouts of a cause EID cannot be invoked as a justifying or reported victim of exempting circumstance. Anti-Enforced or Involuntary Disappearance (R. abduction or any other duty) (EID) form of deprivation of liberty followed by the Duty to Any person. case of EID NBI. DND. City COMMITTED BY: Agents of the State or by Prosecutor. outside the protection of law information of a of the victim PNP. which place the person EID accessory with and whereabouts DILG. EID.SPECIAL PENAL LAWS B.A. persons with authorization. friend. or any law instrumentality of presence or person: a enforcement agency of the government which lists the government. election. refusal to acknowledge deprivation of liberty. who were an HR org or a prevention shall not be suspended under any inquired on the member of the circumstance. agent or subordinate official of any rank or any other certification in or class agency or writing on the Inquiring Order of Battle Document made by military. hospital or the whereabouts relative. public or of victim lawyer. report in writing detachment or concealment of fate or whereabouts of the Victims of accomplice or circumstances division of disappeared person. Report being a principal. support or CHR acquiescence of the State Duty to A member or Such member or To the Agents of the Persons who. lawyer or 10353) any human rights organization on his whereabouts. shall perform public functions or Results of police or military immediately person or perform in the government public duties as an Inquiry detention center issue a entity employee. They must have a means to Public investigating PP. by provision of law. or Certify the official of any official shall inquiring State appointment. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 22 . absence and/or family perceived enemies of the State as well as any information on member. duty to immediate Prosecutor or any judicial or immediately family.

a victim of EID officer (^) having did not take preventive or Duty to All agencies and An official up-to. keep up. HR org Principal Immediate commanding Acts committed by him or her Quasi. reported. the Employee preliminary official of the PNP and commission thereof by his investigation or other law enforcement subordinates. and and Habeas Data of habeas corpus. establishments date register of any other have known that an EID during or immediately after its to-date that have such persons agency of is being committed. Amparo the issuance of the writs priority.SPECIAL PENAL LAWS (PP) or quasi-judicial disclose the relatives. judicial process is Such commanding Despite having knowledge. learns that the to the officer of the unit that shall have led.  Directly forced. Liabilities any official or victim’s lawyer or to an Liability Person Acts Judicial or employee who whereabouts. for any other agencies. rights and responsibility whether deliberately or due to NOTE: Sec. Penalties entered in Reclusion Perpetua register. when he has the Register detention centers shall be government has been committed by authority to prevent or and to maintained and tasked to subordinates or by investigate allegations of EID Report to shall be regularly monitor and others within the but failed to prevent or CHR or upon request protect human officer’s area of investigate such allegations. instigated. To the CHR or knowledge of or should coercive action either before.  Dirrectly committed the act of EID. Compliance of the concerned with expeditiously and  Officials who allowed the act or abetted in the consummation of Writs of Habeas proceedings pertaining to shall be given EID when it is within their power to stop or uncover the Corpus.  Cooperated in the execution of the act of EID by previous or amparo and habeas data simultaneous acts. encouraged or induced others to WHO (has the duty) WHAT (to do) commit the act of EID. 10 shall be made negligence. Judicial person delivered crime of concerned of the AFP abetted or allowed. lists required available to details to be the public. whether Official or for inquest or EID or the immediate senior directly or indirectly. Duty of Immediate All courts and other Shall be  Cooperated in the act of EID by committing another act without Issuance and agencies of government dispensed with which the act of EID would not have been consummated. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 23 . assisted. commission thereof. or commission.

RA 7438 or “An Act Defining Certain Rights of an institutionalized regime of systematic Person Arrested. or Anti-Torture Law.. prescribe unless the victim surfaces alive.e.A. Provided. Duty to Certify of such reappearance. Prosecution of perpetrators shall not the Results of Inquiry. Duty of PP or any Judicial or Quasi. i. acquiesced in or tolerated EID shall be civilly liable 9851)  Independent criminal liability of EID offenders o (which means its will not be a bar to the prosecution or Definitions conviction of EID offenders for any violation of other Apartheid inhumane acts committed in the context of laws. trial and decision in any Philippines  Attempted to commit the act of EID court for any violation of this Act will not prejudice any  Accessories to the crime of EID legal or administrative process before any appropriate international court or agency under applicable Prision Correctional international human rights and humanitarian law. Crimes against International Humanitarian Law (R. Duty to Report Victims of EID. amparo and habeas data or their respective does not appear to be the most guilty. a preliminary investigation conducted for that purpose and CHR will determine “substantial grounds”] SHORT NOTES: C. Judicial Official or Employee. RA 9745.  Perpetrators and State agencies who organized.  EID shall be considered a continuing offense as long as the perpetrators continue to conceal the fate and whereabouts of the Arresto Mayor disappeared person  imposed against any person who shall violate Right of access to  Prescriptive period shall be twenty-five (25) years from the date Communication. [DOJ. and the Duty to keep up-to-date  EID offenders shall not benefit from any special amnesty law or Register and to Report to CHR. proceedings. returned or extradited to another  Government officials and personnel who are found to have State where there are substantial grounds to believe that such committed or participants in the commission of EID as a result of person shall be in danger of being subjected to EID. and group or groups and committed with the intention of maintaining that regime applicable provisions of the RPC)  Nonexclusivity or Double Jeopardy Under International Law Arbitrary Forced displacement by expulsion or other deportation or coercive acts of persons from the area in Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 24 . offender corpus. ignore or unduly delay compliance with any  Any offender who volunteers information exempt from any order duly issued or promulgated pursuant to the writs of habeas criminal and/or civil liability under this Act.SPECIAL PENAL LAWS Reclusion Temporal o Any investigation. other similar executive measures that shall exempt them from any penal proceedings or sanctions. (Question in class: What about presidential pardon?) Preventive Suspension/Summary Dismissal  No person shall be expelled. Detained or Under Custodial oppression and domination by one racial Investigation…”. DFA.  Persons who defy.

groups and units surrender. that in any of these cases. calculated to bring about 1949. population carrying out other grave OR violations of international law. and control or commission of offenses by subordinates. including belligerent occupation. Effective authority Military necessity Necessity of employing measures which are and control indispensable to achieve a legitimate aim of the conflict and are not prohibited by Enforced or The arrest. the person form any hostile act and does not Effective command Ability to prevent and punish the attempt to escape. or may give rise. with the intent of 1) International – between two (2) or more affecting the ethnic composition of any States. Forced Pregnancy Unlawful confinement of women to be Armed conflict may be: forcibly made pregnant.SPECIAL PENAL LAWS forcible transfer of which they are lawfully present. OR the law for a prolonged period of time 2) Protracted violence between governmental authorities and organized Enslavement Exercise of any or all of the powers armed groups. without disappearance of organization followed by a refusal to population grounds permitted under domestic or persons acknowledge that deprivation of freedom or international law. the destruction of a part of a population. or abduction of International Humanitarian Law involuntary persons authorized by the State or political Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 25 . detention. OR that belong to a party to an armed conflict 3) Has been rendered unconscious or which are under a command otherwise incapacitated by wounds or sickness and therefore is incapable of Attack directed A course of conduct involving the defending himself: against any civilian commission of multiple acts referred in population Section 6 against any civilian population Provided. inter alia. apply. with the Armed conflict Any use of force or armed violence: intention of removing from the protection of 1) Between States. to give information on the fate or whereabouts of those persons. 2) Non-international – between governmental authorities and organized Hors de Combat A person who: armed groups 1) Is in the power of an adverse party. Provided That such force or armed violence Extermination The international infliction of conditions of gives rise. including their common Article 3. to a situation to life. OR attaching to the right of ownership over a 3) Between such groups within the State person includes trafficking of persons. the deprivation of access to which the Geneva Conventions of 12 August food and medicine. 2) Has clearly expressed an intention to Armed forces all organized armed forces.

the parties to the conflict concerned or under the national legislation of the state Perfidy Acts which invite the confidence of an of refuge or state of residence. noncombatant 4) feigning civilian or noncombatant military personnel carrying out functions status. 5) feigning protective status by use of signs. assigned exclusively to medical protection under the rules of International purposes or to the administration of Humanitarian Law. its 3) feigning incapacitation by wounds or medical units or medical transports. before the beginning of hostilities. 2) No hostile use of fixed military 2) a prisoner of war or any person deprived installations or establishments must have of liberty for reasons related to an been made. forces of a party to the conflict. and similar to religious personnel. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 26 . and hostilities in the power of the adverse 4) No activities in support of military party. 3) No acts of hostility must have been 3) a civilian or any person not taking a direct committed by the authorities or by the part or having ceased to take part in the population. must have been evacuated. locality 1) All combatants. their ministry and attached to the armed 2) feigning surrender. Protect person 1) a person wounded. or to: 6) a member of the religious personnel who 1) feigning an intent to negotiate under a is exclusively engaged in the work of flag of truce. emblems or uniforms of the United Superior 1) a military commander or a person Nations or of a neutral or other State not effectively acting as a military commander. was considered a stateless No quarter will be Refusing to spare the life of anybody even person or refugee under the relevant given of persons unable to themselves or who international instruments accepted by clearly express their intention to surrender. adversary to lead him/her to believe he/she 5) a member of the medical personnel is entitled to. 4) a person who.SPECIAL PENAL LAWS Non-defended A locality that fulfills the following conditions: collectivity. or is obliged to accord. must have been undertaken. party to the conflict. or 2) any other superior. operations. whether civilian or military. or sickness. sick or shipwrecked. in as much as the Persecution International and severe deprivation of crimes arose from activities within the fundamental rights contrary to international effective authority and control of that law by reason of identity of the group or superior. non-denominational. with the intent to betray medical units or to the operation of or that confidence. armed conflict. including but not limited administration of medical transports. as well as mobile weapons and mobile military equipment.

SPECIAL PENAL LAWS Torture Intentional infliction of severe pain or suffering. against persons or property including member of the armed forces who have protected under provisions of the laid down their arms and those placed hors de relevant Geneva Convention combat by sickness. (2) Torture or inhuman treatment. civilian population as such or against individual civilians not taking direct part in hostilities. particular. wounds. namely law. cruel treatment and torture. and nuclear. namely Conventions of 12 August 1949. (2) Committing outrages upon personal dignity. any of the following acts committed against namely. any of the following acts persons taking no active part in the hostilities. objects. dangerous forces namely: dams. Works and Attack of which may cause the release of installations dangerous forces and consequent severe containing losses among the civilian population. (1) Violence to life and person. willful (1) Internationally directing attacks against the killings. . dikes. inherent in or incidental to. within Serious violations of common Article 3 to the four the established framework of international Grave breaches of the Geneva (4) Geneva Conventions of 12 August 1949. whether physical. electrical generation stations. War Crimes or Crimes Against Humanity (Section 4) (a) For International Armed (b) For Non-International Armed Conflict: (c) Other serious violations of the laws and Conflict: customs applicable in armed conflict. in particular. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 27 . lawful sanctions. detention or any other cause (1) Willful killing. mutilation. in (2) Intentionally directing attacks against civilian including biological experiments. humiliating and degrading treatment. mental. or psychological EXCEPT those shall pain or suffering arising only from. object which are not military objectives. that is.

and personnel using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with intentional law. cruel treatment and torture. affording all judicial vehicles involved in a humanitarian assistance unlawfully and wantonly. in (6) Launching an attack against works or transfer of population or unlawful particular. installations containing dangerous forces in the confinement. injury to civilians or damage to civilian objects or widespread. buildings. towns. units or by military necessity and carried out regularly constituted court. mutilation. (6) Arbitrary deportation or forcible (2) Committing outrages upon personal dignity. (7) Taking of hostages. and (3) Intentionally directing attacks against serious injury to body or health. willful (5) Launching an attack in the knowledge that war or other protected person of the killings. material. Charter of the United Nations. injury to civilians or damage to civilian objects. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 28 . humiliating and degrading treatment. knowledge that such attack will cause excessive loss of life. as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict. such attack will cause incidental loss of life or rights of fair and regular trial. villages. by whatever means. dwellings or buildings which are undefended and which are not military objectives. (5) Willfully depriving a prisoner of (1) Violence to life and person. (3) Taking of hostages. or making non-defended localities or demilitarized zones the object of attack.SPECIAL PENAL LAWS (3) Willfully causing great suffering. (4) Extensive destruction and (4) The passing of sentences and the carrying out of (4) Intentionally directing attacks against appropriation of property not justified executions without previous judgment pronounced by a personnel. guarantees which are generally recognized as or peacekeeping mission in accordance with the indispensable. long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct military advantage anticipated. installations. and (7) Attacking or bombarding. material. or (3) Taking of hostages. in particular. medical units and transport. and causing death or serious injury to body or health.

of the repatriation of prisoners of war or flag or the military insignia and uniform of the other protected persons. defense. which are neither justified by the medical. and which cause death to or seriously endanger the health of such person or persons. affording all judicial including a combatant who. In case of doubt whether such building or place has been used to make an effective contribution to military action. regularly constituted court. serve in the forces of a hostile power. serious personal injury or capture. has surrendered at discretion. enemy or of the United Nations. provided they are not military objectives. it shall be presumed not to be so used. having laid down and guarantees which are generally recognized as his/her arms or no longer having means of indispensable. (9) Unjustifiable delay in the (9) Making improper use of a flag of truce. dental or hospital treatment of the person concerned nor carried out in his/her interest. hospitals and places where the sick and wounded are collected. resulting in death. (11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind. wounding or capturing an adversary Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 29 . (12) Killing. science or charitable purposes. art.SPECIAL PENAL LAWS (8) Compelling a prisoner a prisoner (4) The passing of sentences and the carrying out of (8) Killing or wounding a person in the of war or other protected person to executions without previous judgment pronounced by a knowledge that he/she is hors de combat. education. historic monuments. (10) Intentionally directing attacks against buildings dedicated to religion. as well as of the distinctive emblems of the Geneva Conventions or other protective signs under International Humanitarian Law. or to removal of tissue or organs for transplantation.

(13) Declaring that no quarter will be given. (16) Ordering the displacements of the civilian population for reasons related to the conflict. (19) Committing rape. sexual slavery. enforced prostitution. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 30 . in particular. humiliating and degrading treatments. (14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively demanded by the necessities of war. (18) Committing outrages upon personal dignity. enforced sterilization. unless the security of the civilians involved or imperative military reasons so demand. or any other form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious violation of common Article 3 to the Geneva Conventions. (15) Pillaging a town or place. directly or indirectly.SPECIAL PENAL LAWS by resort to perfidy. forced pregnancy. even when taken by assault. (17) Transferring. or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory. by the occupying power of parts of its own civilian population into the territory it occupies.

including willfully impeding relief supplies as provided for under the Geneva Conventions and their Additional Protocols. ii. compelling the nationals of the hostile party to take part in the operations of war directed against their own country.SPECIAL PENAL LAWS (20) Utilizing the presence of a civilian or other protected person to render certain points. enlisting or recruiting children under the age of fifteen (15) years into the national armed forces. declaring abolished. (21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival. (22) In an international armed conflict. enlisting or recruiting children under the age of eighteen (18) years into an armed force or group other than the national armed forces. and Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 31 . Conscripting. (23) In an international armed conflict. (24) Committing any of the following acts: i. areas or military forces immune from military operations. even if they were in the belligerent's service before the commencement of the war. Conscripting. Using children under the age of eighteen (18) years to participate actively in hostilities. and iii. suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party.

(2) Causing serious bodily or mental harm to members of the group. projectiles and material and methods of warfare which are of the nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict. Genocide (Section 5) (a) Acts with intent to destroy. materials or devices. (3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ethnic. a national. Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act. iii. and iv. poisonous or other gases. and all analogous liquids. (1) Killing members of the group. Weapons. such as bullets with hard envelopes which do not entirely cover the core or are pierced with incisions. such as: i. in whole or in part. and (5) Forcibly transferring children of the group to another group. Asphyxiating. racial. Poison or poisoned weapons. (b) To directly and publicly incite others to social or any other similar stable and permanent group as such: commit genocide. religious. (4) Imposing measures intended to prevent births within the group.SPECIAL PENAL LAWS (25) Employing means of warfare which are prohibited under international law. ii. Bullets which expand or flatten easily in the human body. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 32 .

or serious injury to body or to mental or physical health. in connection with any act referred to in this paragraph or any crime defined in this Act. (h) Persecution against any identifiable group or collectivity on political. (d) Arbitrary deportation or forcible transfer of population. enforced prostitution. ethnic. national. forced pregnancy. with knowledge of the attack: (a) Willful killing. and (k) Other inhumane acts of a similar character intentionally causing great suffering. religious. enforced sterilization. (c) Enslavement. (j) Apartheid. (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. Other Crimes Against Humanity Acts when committed as part of a widespread or systematic attack directed against any civilian population. cultural. sexual slavery. gender.SPECIAL PENAL LAWS Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the penalty provided under Section 7 of this Act. racial. sexual orientation or other grounds that are universally recognized as impermissible under international law. (i) Enforced or involuntary disappearance of persons. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 33 . (f) Torture. or any other form of sexual violence of comparable gravity. (b) Extermination. (g) Rape. Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.

or to submit the matter to the competent authorities for investigation and prosecution. solicits or induces the commission of such a crime which occurs or is attempted 3. Liable as accomplice Facilitates the commission of a crime. With the aim of furthering the criminal activity or criminal purpose of the group B. Knew or should have known that the subordinates were committing or about to commit such crimes of Superiors 2. Immunities that may be attached to the official capacity of a person under international law may limit the application of this Act Responsibility 1. Orders from a The following requisites must be established to relieve one from liability in obeying an order of a superior: Superior 1. Be made in the knowledge of the intention of the group to commit the crime. Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine law other than the President’s immunity from suit. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 34 . whether as an individual. aids. In any other way contributes to the commission or attempted commission by persons in conspiracy: A. The order was not manifestly unlawful. 2. Failed to take all necessary and reasonable measures within his power to prevent the commission. abets or otherwise assists in its commission or attempted commission. jointly with or through another regardless Criminal of whether that other person is liable Responsibility 2. No liability A person who abandons the effort to commit the crime or prevents the completion. Irrelevance of The provisions of the act shall apply equally to all persons without any distinction based on official capacity. However the Official following shall be considered: Capacity 1. but the crime does not occur because of circumstances independent of the person's intention. including providing the means for its commission. if completely and voluntarily gave up the criminal purpose. The person did not know that the order was unlawful 3. Orders. The crimes defined and penalized under this Act shall not be subject to any prescription. Liable for a crime punished Attempts to commit such a crime by taking action that commences its execution by means of a under this act substantial step. shall not bar the court from exercising jurisdiction over such a person 2.SPECIAL PENAL LAWS Principles of Criminal Liability Individual Liable as principle 1. The person was under a legal obligation to obey orders of the government or the superior in question. Commits such a crime.

especially when the victim or 7. The court shall have regard of all relevant factors: 4. In this case. The accused has committed the said crime of the damage/loss/injury caused. The 1948 Genocide Convention against foreign nationals accused of violating 2. Other relevant international treaties and conventions ratified or 3. tribunal is already conducting such proceedings. The accused is a Filipino citizen compensation and rehabilitation. If the disclosure of evidence may lead to the endangerment of the security of a witness or his Revised Penal Code and Other General or Special Laws family. the authorities may surrender or extradite the accused persons to Applicability of International Law and Other Laws the appropriate State or Court.SPECIAL PENAL LAWS Protection of 1. The 1954 Hague Convention for the Protection of Cultural acquitted of it. The judicial decisions of international courts and tribunals special means. is present in the Philippines exceptional circumstances. the evidence may be withheld and a summary be submitted in its place. The rules and principles of customary international law of the proceedings in camera or allow the presentation of evidence by electronic or other 6. the nature of the crime Optional Protocol on the Involvement of Children in Armed Witnesses 2. 2. or other interested persons. To protect the victims and the witnesses or an Conflict accused. The Court may also invite and take into account accused the investigation or prosecution of a crime representations from or on behalf of the under this act if another court or international convicted. The Philippine authorities may dispense with 3. gender and health. victims. Relevant and applicable international human rights instruments witness is a child 8. The Court may make an order specifying the appropriate reparations. Teachings of the most highly qualified publicists and authoritative witnesses to be presented and considered at commentaries on the foregoing sources as subsidiary means for stages of the proceedings deemed appropriate. Jurisdiction Reparations 1. their 1977 Additional this act. determine the scope 3. its First Protocol and its served sentence. the determination of rules of international law 4. Requisites to 1. The accused regardless of citizenship or the Court upon request or on its own motion in jurisdiction residence. Foreign 1. No criminal proceedings shall be initiated 1. against a Filipino citizen. 1999 Second Protocol Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 35 . The Court shall also permit the views and acceded to by the Republic of the Philippines concerns of the views of the victims and the 9. the Court may allow to conduct any part 5. On this basis acquire 2. 2. if already tried by a court outside the Protocols I and II and their 2005 Additional Protocol III Philippines with the same offense and 3. The court shall follow the principles relating to the to Victims reparations to victims. The 1949 Genava Conventions I-IV. The 1989 Convention on the Rights of the Child and its 2000 Victims and age. including restitution. or convicted and has already Property in the Event of Armed Conflict.

or any other consideration OR D.A. crimes under this Act. exploitation and discrimination Coordinated program of services and facilities to protected children against: 1) Child Prostitution and other sexual abuse. bar. the Child Abuse perpetrators shall be prosecuted under Article 335  Maltreatment of a child. profit. 9231) 4) due to the coercion or influence of any adult.SPECIAL PENAL LAWS 3) Obscene publications and indecent shows. PNP. 7658. R. Child Abuse (R. R. 5) designate prosecutors or investigators. exploitation b) those who commit the act of sexual intercourse or lascivious or discrimination because of a physical or mental disability or conduct with a child exploited in prostitution or subject to condition other sexual abuse.  Provided. Deemed to be a child exploited in prostitution and other sexual 3. 3) Neglect place of entertainment or establishment serving as a cover 4) Sexual or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. 1) male or female child 2) indulges in sexual intercourse or lascivious conduct 3) for money. Judges. neglect. 7610. Appeals may be elevated to 4) Other acts of abuses. facilitate or induce child  Over 18 y/o but unable to fully take care of themselves or prostitution (Par. resort. and other agencies related shall Child Prostitution and Other Sexual Abuse (Sec. whether as 1) Physical manager or owner of the establishment where the 2) Psychological / emotional prostitution takes place. or of the sauna. disco. and Prosecutors the CA and to the SC. 5) Circumstances which threaten or endanger the survival and and 2. international humanitarian law and international criminal law. Philippine 1.A. when the victims is under 12 y/o. cruelty.A. In this case. regardless if habitual or not (rape) and 336 (acts of lasciviousness) of the RPC  Types: c) those who derive profit or advantage therefrom. DOJ. the CHR. prosecutors and investigators shall be abuse trained in human rights. 2) Child trafficking. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 36 . Special courts may be designated by the SC normal development of children Investigators to try crimes under this act. 3) Children Perpetrators  Below 18 y/o a) those who engage in or promote. The RTC has exclusive jurisdiction over Court. a) protect themselves from abuse. syndicate or group Definition of Terms (Sec. Comprehensive program against child abuse.

clinics. use. par. employ. a Elements legal guardian 1) Any person 2) when a pregnant mother executes an affidavit of consent for 2) who shall commit any other acts of child abuse. for the purpose of child trafficking. persuade. health club and other pension house. or other child-during institutions who can be offered inside the room or cubicle of a bath. motel. agency. hospital or clinic official or employee. or person entrusted in any 2) engaged in trading and dealing with children including. an inn. cruelty or adoption for a consideration. 7) Elements Par. 6) 4) when a doctor. 10) or written permit or justification from the child's parents or Par. Cruelty or Exploitation and Other reason therefor and without clearance issued by the DSWD Conditions Prejudicial to the Child's Development (Sec. exploitation or 3) when a person. massage clinic. 9) similar establishments. b birth for the purpose of child trafficking. or barter participate in an obscene play. 5. nurseries. vessel. movie or show or in any other acts covered by this section Attempt to Commit Child Trafficking (Sec. act. but capacity with the care of a child not limited to.SPECIAL PENAL LAWS Attempt To Commit Child Prostitution (Sec. guardian. 8) 1) when a child travels alone to a foreign country without valid Other Acts of Neglect. whether live or in video. establishment or child-caring 3) to be responsible for other conditions prejudicial to the child's institution recruits women or couples to bear children for the development including those covered by Article 59 of PD purpose of child trafficking. local civil registrar or any other person simulates Sec. or to be exploited in prostitution and  to model in obscene publications or pornographic other sexual abuse materials or 3) to sell or distribute the said materials Child Trafficking (Sec. 5. hotel. induce or coerce a 3) under circumstances which child would lead a reasonable person  to perform in obscene exhibitions and indecent to believe that the child is about shows. par. 1 Elements vehicle or any other hidden or 1) Any person secluded area 2) who shall hire. nurse. 3 Elements 1) Any person 1) Any ascendant. 603. day-care 2) found alone with the said child child in a sauna parlor or centers. or for any other consideration. but not covered by the RPC Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 37 . the act of buying and selling of a child 2) who shall cause and/or allow such child to be employed or to 3) for money. scene. a Sec. Abuse. Par. as amended. apartelle or other similar establishments Obscene Publications and Indecent Shows (Sec. hospitals. Elements of attempt to commit midwife. 1) any person who is not a relative 1) Any person 5) when a person engages in the act of finding children among of the child 2) receiving services from a low-income families. house.

sauna or massage abuse. obscene publications and indecent shows.SPECIAL PENAL LAWS a) Beg or use begging as a means of living. including 1) child works directly under the sole responsibility of his residential places. prohibited by this Act and other acts of abuse happen 3) to keep or have in his company a minor as provided in the 2) in the premises of an establishment under this Act or in preceding paragraph violation of the Revised Penal Code Par. 1) Elements 1) Any person 1) acts constituting child prostitution and other sexual abuse. Obscene moral or legal duty Publications and Indecent Shows. or  relative within the fourth degree of consanguinity or c) Conduct any illegal activities affinity or  person with any bond recognized by law. and Other Acts of Abuse 2) who shall keep or have in his company a minor (Sec. force or intimidate a street child or 2) child's employment or participation in public entertainment or any other child to. 2 (Deemed an establishment described in Par. child trafficking. drink or otherwise. and morals. deliver or offer a minor to any one child trafficking. hotel. Child Trafficking. manager or one entrusted with the Children below 15 years of age shall not be employed except operation of any public or private place of accommodation. obscene publications and indecent parlor. health. d Elements Employment of Children (Sec. owner. beach and/or other tourist resort or similar places shows. e Elements  parent or legal guardian provides the prescribed 1) Any person primary and/or secondary education 2) who shall use. or Conduct Activities Constituting Child Prostitution  person who acts in the performance of a social. information essential Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 38 . when: whether for occupancy. food. safety. cabaret. custom and tradition or Facilitate. motel. parents or legal guardian and where only members of his 2) who allows any person to take along with him to such place family are employed or places any minor herein described  neither endangers his/her life. nor impairs his/her normal development Par. Par. 2) which promote or facilitate child prostitution and other sexual discotheque. local Sanctions of Establishments or Enterprises which Promote. coerce. 2) who shall induce. and Other Sexual Abuse. b Elements b) Act as conduit or middlemen in drug trafficking or 1) Any person EXCEPT pushing. 1 Elements  10 years or more his junior 1) All establishments and enterprises 3) in any public or private place. c Elements Par. 11)  12 y/o or under or Par. 12) 1) Any person. pension house. beer joint. and other acts of abuse Par.

offering or exposing of a child for secured from the DOLE before engaging such child. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 39 . degrades or demeans the intrinsic worth 3) child is below 15 y/o – cannot work from 8PM – 6AM and dignity of a child as a human being. 2) child is 15-17 y/o – maximum of 40hrs a week AND safety or morals of children. 12-B) c. safety. prostitution. or o should not exceed 20% of the total income e. earnings and other income of the working child dangerous heights. subject to the approval and supervision of competent authorities. Exposes the child to physical. Debases. or 1) child is below 15 y/o – maximum of 20hrs a week AND 4) Work which. is hazardous or likely to be harmful to the health. by its nature or the circumstances in which it is maximum of 4hrs a day carried out. or Income (Sec. as defined under the "Anti-trafficking in Persons Act of 2003". for the production of pornography or for pornographic performances. or child is 15-17 y/o – cannot work from 10PM – 6AM b. elements. Exposes the child to physical danger . or is found to be highly stressful Ownership. Usage and Administration of the Working Child's psychologically or may prejudice morals. education or d. or Hours of Work of a Working Child (Sec. emotional or sexual abuse. procuring or offering of a child for illegal or illicit Requirements activities. procuring. underwater or at Wages. morals and  for which he shall render a semiannual accounting of the normal development of the child fund to the DOLE  institute measures to prevent the child's exploitation  the child shall have full control over the trust fund upon or discrimination reaching the age of majority  formulate and implement. Involves the use of dangerous machinery. skills acquisition and equipment and tools such as power-driven or  secondarily to the collective needs of the family explosive power-actuated tools. a work permit should first be 2) The use. Is performed in an unhealthy environment exposing the child to hazardous working conditions.000 annually o with the approval of DOLE  parent or legal guardian shall set up a trust fund for at least 3) employer complies with the following requirements: 30% of the earnings of the child  ensure the protection. a Prohibition Against Worst Forms of Child Labor (Sec. such that it: maximum of 8hrs a day a. or NOTE: In the above exceptional cases. or practices similar to slavery.SPECIAL PENAL LAWS  Employment contract should be Trust Fund to Preserve Part of the Working Child's Income o concluded by parents or legal guardian (Sec. 12-C) o with express agreement of child. or  belongs to the child and is set aside for support. 12-A) 3) The use. salaries. or  parents shall administer the child’s property f. health. if possible Child earns at least P200. 12-D) continuing program for training and skills acquisition Worst forms of child labor of the child 1) All forms of slavery. Is performed underground.

i. gambling or any form of violence or 1) Separate detention from adults except where families are pornography. either as combatant.SPECIAL PENAL LAWS substances. Exposes the child to biological agents such as Services (Sec. flammable substances. Involves the manufacture or handling of explosives and other pyrotechnic products. intellectual. 20) Access to Education and Training for Working Children Children of indigenous cultural communities shall not be subjected to (Sec. shall be penalized accordingly as community as determined by the court. X) Rights of Children Arrested for Reasons Related to Armed Prohibition on the Employment of Children in Certain Conflict (Sec. guide or spy is entitled to the or indirectly promoting alcoholic beverages. accommodated as family units. 14) Any child who has been arrested for reasons related to armed No child shall be employed as a model in any advertisement directly conflict. 16-A) ionizing. or to extreme MTC depending on the penalties prescribed for the offense charged. noise levels.000). 13) any and all forms of discrimination. IX) Discrimination (Sec. the employer shall against children of indigenous cultural communities shall suffer a provide a working child with access to at least primary and penalty of arresto mayor in its maximum period and a fine of not less secondary education. nematodes and Working child shall have the right to free legal. which include the president. protozoans. in default thereof. 16-C) bacteria. Children in Situations of Armed Conflict (Art. the of the child. The DEPED shall promulgate a course design than Five thousand pesos (P5. or vibrations. fire. provided for under this Section. 4) Release of the child on recognizance within 24hrs to the treasurer and secretary of the said corporation who participated in or custody of the DSWD or any responsible member of the knowingly allowed the violation. 2) Immediate free legal assistance. Medical and Psycho-Social h. intoxicating drinks. courier. 25) Advertisements (Sec. and board of directors/trustees and officers. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 40 . Any person who discriminate In all cases of employment allowed in this Act. fungi. Children of Indigenous Cultural Communities (Art. Penal Provisions (Sec. Original jurisdiction – Family Courts. following rights. or psychosocial services to be provided by the State. viruses. temperatures. moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. medical and other parasites. tobacco and its byproducts. RTC and noxious components and the like. 16) 3) Immediate notice of such arrest to the parents or guardians NOTE: If a corporation commits any of the violations aforecited. or g. or Access to Immediate Legal. co-agents or processes involving Jurisdiction (Sec.000) more than Ten thousand pesos under its non-formal education program aimed at promoting the (P10. radiation. Is performed under particularly difficult conditions.

responsible citizens where the 4) if the offender is a public officer or employee violation occurred  if the penalty imposed is reclusion perpetua or reclusion temporal. 5) Officer or social worker of the Department of Social Welfare stepparent or collateral relative within the second degree of and Development. the court shall suspend all further proceedings It shall be unlawful for any editor. publisher. 29)  court shall determine the imposable penalty. Penalty imposed in its maximum period 2) Parents or guardians. 27) by Republic Act No. producer and director of the film Government. consanguinity. if the court finds the child guilty Confidentiality (Sec. or has expired or has been revoked. parent guardian. 3) when the perpetrator is an ascendant. his name may be withheld from civil liability the public until the court acquires jurisdiction over the case. to cause undue and sensationalized responsible person publicity of any case of violation of this Act which results in the moral  until he has had reached eighteen (18) years of age or. 3) Ascendant or collateral relative within the third degree of 2) when offender is a corporation. involving violations of this Act except of habeas corpus. including any At the instance of the offended party. then the penalty of perpetual or Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 41 . or duly-licensed agencies or any other in case of the movie industry. 30) or the agency or responsible individual under whose care he Cases involving violations of this Act shall be heard in the chambers has been committed.SPECIAL PENAL LAWS After hearing of evidence. announcer or producer in case the DSWD or to any training institution operated by the of television and radio broadcasting. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal All courts shall give preference to the hearing or disposition of cases cases. for a degradation and suffering of the offended party. 1) offender has been previously convicted under this Act. where the child is residing or employed. partnership or association. consanguinity or affinity. election cases. and cases involving detention prisoners and persons covered Who May File a Complaint (Sec. the officer or employee thereof who is responsible for the 4) Officer. 4908. 31) 1) Offended party. of the judge (“in camera”) of the RTC duly designated as Juvenile and Domestic Court. or a manager or owner of an 6) Barangay chairman of the place where the violation establishment which has no license to operate or its license occurred.  instead of pronouncing judgment of conviction. shorter period as the court may deem proper after considering the reports and recommendations of the DSWD Special Court Proceedings (Sec. Complaints on cases of unlawful acts committed against children as enumerated herein may be filed by the following: Common Penal Provisions (Sec. 7) At least 3 concerned. violation of this Act shall suffer caring institution. social worker or representative of a licensed child. and reporter or  the court shall commit such child to the custody or care of columnist in case of printed materials.

sell. neglect. Conspiracy to commit any form of child pornography presented. transmit. to distribute other means. the penalty of suspension shall also perform in the creation or production of any form of child be imposed. direct. real or simulated explicit sexual activities (g) For a parent. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 42 . Child Pornography (R. optical. or broadcast: Provided. cinemas. himself/herself from abuse. and pornography. because of a physical or mental disability (j) To willfully access any form of child pornography. employ. written combination thereof. (h) To engage in the luring or grooming of a child.SPECIAL PENAL LAWS temporary absolute disqualification shall also be imposed Unlawful or Prohibited Acts and Penalties [Sec. audio. agreement concerning the commission of any of the said (3) computer-generated. the perpetrator of the offense (d) To possess any form of child pornography with the intent to sell. publish. who is represented or who is made to NOTE: Syndicated if carried out by a group of 3 or more persons appear to be a child as defined herein. E. exploitation or discrimination (i) To engage in pandering of any form of child pornography. legal guardian or person having custody or control Child (1) person below eighteen (18) years of age or of a child to knowingly permit the child to engage. digitally or manually prohibited acts and decide to commit it. induce or coerce a child to arresto mayor. conspiring with one another. (f) For film distributors. or purporting to be a legitimate business. mechanical. cruelty. of child engaged or involved in any form of child pornography. magnetic or any by themselves or in cooperation with other entities. 3) rooms.4]  if the penalty imposed is prision correccional or (a) To hire. participate or over. cubicles. Fine to be determined by the court (b) To produce. 9775) (e) To knowingly. (k) To conspire to commit any of the prohibited acts stated in this (2) a person regardless of age who is section. broadcast. depicted or portrayed as a shall be committed when two (2) or more persons come to an child. distribute. theaters and telecommunication companies. manufacture or create any form of child 5) shall be imposed and administered as a cash fund by the pornography. DSWD and disbursed for the rehabilitation of each child (c) To publish offer. but is unable to fully take care of assist in any form of child pornography. persuade. advertise. but not limited to. dens. by electronic.A. and crafted images or graphics of a person (l) To possess any form of child pornography. publish or broadcast. private Definitions (Sec. digital. export or import any form of child pornography. distribute. or any immediate member of his family if the latter is promote. Deported immediately after service of sentence and forever distribute. victim. That possession of barred from entry to the country three (3) or more articles of child pornography of the same form 6) When the offender is a foreigner shall be prima facie evidence of the intent to sell. whether visual. or condition. willfully and intentionally provide a venue for the commission of prohibited acts as. use. houses or in establishments Child Pornography any representation.

information technology professionals. 10] child pornography within forty-eight (48) hours from receiving  All mall owners/operators and owners or lessors of other the notice that any form of child pornography is hitting its business establishments shall notify the PNP or the NBI server shall be conclusive evidence of willful and intentional within seven (7) days from obtaining facts and violation. 11]  All internet service providers (ISPs) shall notify the Philippine An internet content host shall: National Police (PNP) or the National Bureau of Investigation (a) Not host any form of child pornography on its internet address. as well as the particulars of the person maintaining.  Photo developers. social worker or representative of a licensed child- violation of RA 9775 is being committed in their premises. or the content of any communication of any such prosecution by relevant authorities. report the presence of any form of child circumstances that any form of child pornography is being pornography. That no ISP shall be held civilly liable for  An internet content host shall. hosting. pornography materials or transactions to the proper (h) Any law enforcement officer. authorities within seven (7) days from discovery thereof.  That a disputable presumption of knowledge by mall (c) Ascendant or collateral relative within the third degree of owners/operators and owners or lessors of other business consanguinity. furnish the particulars of users who gained or compliance with this section. and engage in the monitoring of any user. distributing or in any manner contributing to such internet  Nothing in RA 9775 may be construed to require an ISP to address. circumstances that child pornography is being committed in their premises Who May File a Complaint? [Sec. committed using its server or facility. attempted to gain access to an internet address that contains any form of child pornography. upon the request of proper damages on account of any notice given in good faith in authorities.SPECIAL PENAL LAWS Duties of an Internet Service Provider (ISP) [Sec. person: Provided. establishments should know or reasonably know that a (d) Officer. 6]  The public display of any form of child pornography within Complaints on cases of any form of child pornography and other their premises is a conclusive presumption of the knowledge offenses punishable under RA 9775 may be filed by the following: of the mall owners/operators and owners or lessors of other (a) Offended party. business establishments of the violation of RA 9775. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 43 . to the proper authorities.9] Duties of an Internet Content Host [Sec. (b) Parents or guardians. shall have the duty to report any suspected child (g) Barangay chairman. Responsibility of Mall Owners/Operators and Owners or  The failure of the internet content host to remove any form of Lessors of Other Business Establishments [Sec. subscriber or (c) Preserve such evidence for purposes of investigation and customer. (e) Officer or social worker of the Department of Social Welfare credit card companies and banks and any person who has and Development (DSWD). caring institution. direct knowledge of any form of child pornography activities (f) Local social welfare development officer. (NBI) within seven (7) days from obtaining facts and (b) Within seven (7) days.

for investigation. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 44 . victims of any case of child pornography. producer and director of a film in case of the seal. (5) Agents of investigating law enforcement agencies and (6) Other persons as determined by the court. or any person utilizing the tri-media facilities or shall be released only to the following: information technology to publish or broadcast the names of the (1) Members of the court staff for administrative use. it shall be unlawful for any editor. their counsel. or shall be subject to a protective order that provides as follows: (j) Any person who has personal knowledge of the (1) Any form of child pornography may be viewed only by the circumstances of the commission of any offense under RA 9775. except as necessary investigation. a record movie industry. their expert witness and guardian ad litem. CONFIDENTIALITY [Sec. contempt power of the court. in circumstances for the best interest of the child conduct a closed-door case of violation thereof. publisher and reporter or his/her identity shall not be disclosed to the public. (4) The guardian ad litem. that he/she submits to the jurisdiction a fair and impartial proceeding and after considering all of the court with respect to the protective order. columnist in case of printed materials. prosecution or trial. prosecution or trial. or any other information tending to establish doors. 13] (2) Neither form of child pornography nor any portion thereof The right to privacy of the child shall be ensured at any stage of the shall be divulged to any other person. and (3) No person shall be granted access to any form of child Rules: pornography or any part thereof unless he/she signs a (a) The judge. Except upon written request and order of the court. announcer or producer in case (c) Any record regarding a child shall be confidential and kept under of television and radio. and (b) The name and personal circumstances of the child.SPECIAL PENAL LAWS (i) At least three (3) concerned responsible citizens residing in (d) Any form of child pornography that is part of the court records the place where the violation occurred. prosecution and trial of an offense under RA 9775. and that. whenever necessary to ensure of the protection order. parties. including the (e) In cases when prosecution or trial is conducted behind closed child's immediate family. (2) The prosecuting attorney. he/she will be subject to the investigation. (3) Defense counsel. prosecutor or any officer of the law to whom the written affirmation that he/she has received and read a copy complaint has been referred to may.

forced labor. transport.A 9208: Anti-Trafficking in Persons Act of 2003 R. Whoever knowingly aids. and person. or adopt a child to engage in armed activities accomplice. for the purpose of (c) Recruiting a woman to bear a child for purpose of selling that acquiring. offering.A. forced labor. abets. any person under R. hire. by means of threat or use of force. 9208. or Section 4-C Accessories intimidation for the purpose of removal or sale of organs of said Whoever has the knowledge of the commission of the crime. or a written permit or acquiring. involuntary servitude or debt bondage In cases where victim is a child: (2) Introduce or match for money. an affidavit of consent or a slavery. 10364: Expanded Anti-Trafficking Act of 2012 ACTS PUNISHED Section 4: Acts of Trafficking in Persons: Section 4-A Attempted Trafficking: Acts to initiate commission of (1) Recruit. R. selling or trading him/her to engage in justification from the child’s parent or guardians prostitution. selling or trading them to engage in child prostitution. either a principal or (8) Recruit. the purpose of selling the child (5) Maintain or hire a person to engage in prostitution or pornography (6) Adopt or Facilitate the adoption of persons for the purpose of Section 4-B: Accomplice Liability prostitution. for marriage for the purpose of clearance or permit from the DSWS. pornography. (7) Recruit. An attempt to commit any of the acts under purpose of prostitution.A. or abduct a person. and without having participated therein. forced Section 4 shall constitute attempted trafficking labor. pornography.A. pornography. and low-income families for prostitution. sexual exploitation. Anti-Trafficking (R. activities for the purpose of utilizing and offering persons for refugee. involuntary servitude or debt bondage. 9655. offering. (e) Soliciting a child and acquiring the custody through any (4) Organize tours and travel plans consisting of tourism packages or means among hospitals. transport. any Filipino country or territory without valid reason and without required woman to foreign national. forced labor or (d) Simulating a birth for the purpose of selling the child slavery. by accident or by reason of some cause other overseas employment or training or apprenticeship for the than voluntary desistance. nurseries. for a consideration. sexual exploitation. sexual exploitation. transfer. (b) Executing. 10364) R. or evacuation centers. including those done under the pretext of domestic or elements of the crime. daycare centers. harbor.SPECIAL PENAL LAWS F. coercion. (1) Profiting themselves or assisting the offender to profit by the effects of the crime (2) Concealing or destroying the body of the crime of effects of Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 45 . the offense by previous or simultaneous acts defined in this act. real or simulated.A. economic or (a) Facilitating the travel of a child who travels alone to a foreign other consideration. pornography. buying. written consent for adoption (3) Offer or contract marriage. involuntary servitude or debt bondage. transport. sexual exploitation. provide or receive a person by the offense by the offender failed to or did not execute all the any means. buying. deceit. violence. involuntary servitude or debt bondage. clinic. profit or material. adopt. pornography or sexual exploitation. slavery. cooperates in the execution of slavery. take part by: in the Philippines or abroad. fraud.

travel documents or personal documents or belongings of trafficked person in furtherance of trafficking or to prevent them from leaving th country or seeking redress from the government or appropriate agencies (7) Knowingly benefit from. (3) Harboring.SPECIAL PENAL LAWS Section 5: Acts that Promote Trafficking in Persons: instruments in order to prevent discovery (1) Knowingly lease or sublease. fake other crime counseling certificates. of any brochure. provided the accessory acts with abuse of his or in persons. broadcasting or distribution any of the acts—purported passport or other travel. conceal. registration stickers and certificates of any government agency which issues these certificates and stickers Section 5: Acts that Promote Trafficking as proof of compliance with the government regulatory and pre. destroy the passport. prosecution. (h) Tamper with. document or any other actual or purported the internet. publish. printing. her public functions or is known to be habitually guilty of some (2) Produce. use or allow to be used any house. print. destroy. print. the person’s liberty to move or travel in order to maintain the labor (4) Assist in the conduct of misrepresentation or fraud for purposes services of that person of facilitating the acquisition of clearances and necessary exit (j) Utilize his or her office to impede investigation. or documents from government agencies mandated to provide pre. in an investigation or persons prosecution of a case under this act (3) Advertise. by any means. (6) Confiscate. or any propaganda material government identification of any person in order to prevent or restrict that promotes trafficking in persons. tampered. or help in the exit and entry of persons from/to the country at international and local airports. broadcast or distribute or cause the (i) Destroy. cause the destruction of evidence or to departure requirements for the purpose of promoting trafficking in influence or attempt to influence witnesses. territorial boundaries and seaports who are in possession of unissued. financial or otherwise. remove. execution of lawful orders in a case under this act departure registration and services for departing persons for the purpose of promoting trafficking (5) Facilitate. including the use of information technology and working permit. assist. publication. or make use of. concealing. assisting in the escape of the principal building. immigration. conceal. flyer. the labor or services of a person held to a condition of involuntary servitude. or establishment for the purpose of promoting trafficking of the crime. and issue or distribute unissued. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. confiscate or possess or attempt to do advertisement. or slavery Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 46 . forced labor.

000 PHP- agencies 5.A. the services of trafficked persons engages in the services of prostitution. 8043) (d) When the offender is a Any person who buys or engages Any person who buys or was used for the purpose of spouse. continuous or not (min) to reclusion perpetua: 17 parent.000 PHP (1) Prision Correccional (3) Crime effected through committed by a public (2) Second and subsequent (max) to Prision Mayor: syndicate or in large scale.SPECIAL PENAL LAWS QUALIFIED TRAFFICKING USE OF TRAFFICKED PERSONS Section 6: Qualified Trafficking Section 6: Qualified Section 11: Use of Trafficked Section 11: Use of Trafficked (1) Trafficked person is a Child Trafficking Persons: Persons: (2) When adoption (R. Committed by 3 or (h) When the offender imprisonment and fine of imprisonment and fine more persons commits one or more 100. slavery. an ascendant. parent. guardian or for prostitution: trafficked persons for prostitution sexual exploitation. intimidation.000 PHP (8) By reason of trafficking.000. sibling. any member of the military or victim under 12 years: law enforcement agencies  Reclusion perpetua: 40 (7) Offender is a member of the years military or law enforcement  1. deprivation of to engage in prostitution with reason. or a (i) When the offender years to 40 years and fine of person who exercised directs or through another 500.000. BUT. if the person knows that suffers mutilation or is afflicted the services comes from with HIV or AIDS trafficking.000 PHP authority over the trafficked manages the trafficking person victim in carrying out the If it involves carnal knowledge (5) Offense is committed by a exploitative purpose of with male or female trafficked public officer or employee trafficking victims and involves the use of (6) Trafficked person is recruited force. becomes insane.000-1. the  No parole victim dies.000 PHP 50. unconscious victim. guardian. involuntary authority over the trafficked community service and should not be applied: servitude or debt bondage person or when offense is fine of 50. officers or employee offense: 1 year 6 years to 12 years of a. forced a person who exercises (1) First offense: 6 months provided that probation law labor. sibling.000-100. pornography. he shall be penalized based on qualified trafficking Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 47 .000.000 PHP conspiring and violations of Section 4 over If the act involves sexual confederating with one a period of 60 more days intercourse or lascivious conduct another whether those days are to a child: reclusion temporal (4) Offender is the ascendant.

000 PHP and the requirement as Life imprisonment and fine (3) Violation of Section 4. government agencies who shall prove predisposition.000 PHP 2.000-1. crime a.000. president.000. Prostitutes barred from operating any under the definition of Article 202 of the RPC shall not be prosecuted similar business under this law. club. day on which trafficked person is delivered or released from establishment or any juridical conditions of bondage person—the penalty imposed upon Act of Trafficking: 10 years the owner.000-1. same but fine 1.000 PHP B: 15 years and fine (8) Conviction by offender shall rescind (4) Violation of Section 7 500. 1.000.000. or be revoked and shall be in relation to being trafficked enumerated in this act.000 PHP imprisonment and fine the prescribed procedures (3) Violation of Qualified Trafficking: 500. A: 15 years of a.000- 1.000-5. Large Scale/Syndicate: 20 years manager or responsible officer who  In case of child victim.000 PHP Others: (5) Offender is a corporation. failure to observe 1.000. and barred (2) Violation of Section 5: 15 years of (2) Violation of Section 4. to hold public office imprisonment and fine 500. provided by law 2. marriage Section 10: Penalties Section 10: Penalties certificates and the similar (1) Violation of Section 4: 20 years of (1) Violation of Setion 4: documents: Administratively liable imprisonment and fine 500.000.000.000.000. Section 12: Prescriptive Period—It shall commence to run from the partnership. Included. issue and approve travel exit Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 48 . the day when the child reaches participated or permitted or failed to majority and shall be interrupted by filing a complaint or prevent the commission of the information. association.000. without prejudice to the criminal. (6) Offender is a foreigner: deported after serving his sentence and Section 17-B: Irrelevance of Past Sexual Behavior—Past sexual persona non grata behavior shall be considered inadmissible in evidence for the (7) Offender is an employee.000 PHP dismissed from service. partner. Registration with the SEC Section 17: Legal Protection—trafficked persons shall not be and license to operate will penalized for unlawful acts committed as a direct result or incident.000. official or purpose of proving consent to victim to engage in sexual behavior.000.SPECIAL PENAL LAWS PENALTIES clearances. passports.000 PHP the decree of adoption (Confidentiality): 6 years of imprisonment and fine 500.

a) Rape. against a woman or her child. occupation. physically attacking the sexual controlling the conjugal money or properties parts of the victim’s body. being a continuing offense. 3] objects on valid. Violence against Women and their Children (R. public jurisdiction over any act even if committed outside the Philippines. the crime It includes causing or allowing the victim to witness the physical. making demeaning and d) Controlling the victim’s own money or properties or solely sexually suggestive remarks. (3) Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim. ridicule or humiliation. b) A woman with whom the offender has or had sexual or dating relationship with. physical or other acting in compliance with a lawful order from any of the above for harm or threat of physical or other harm or coercion. (1) Physical Violence b) Deprivation or threat of deprivation of financial resources (2) Sexual Violence – acts which are sexual in nature. damage to property. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 49 . woman or her child as a sex object.A. lawful acts done or statements made during an authorized rescue c) Prostituting the woman or child. which are: Article 73 of the Family Code. repeated verbal abuse and mental infidelity. stalking. serious and moral grounds as defined in R.  Prosecution of another country will bar the court from (4) Economic Abuse – Acts that make or attempt to make a instituting criminal offense woman financially dependent upon her abuser. forcing the The following are the persons who are protected by R. threat of force. 9262: wife and mistress/lover to live in the conjugal home or sleep a) Wife or former wife.A. business or activity.SPECIAL PENAL LAWS Section 17-C: Immunity from Suit—No action or suit shall be b) Acts causing or attempting to cause the victim to engage in brought to (a) law enforcement officers (b) social workers (c) person any sexual activity by force. except in cases wherein the other spouse/partner WHAT: [Sec. but is not limited to the following: G. if accused sexual or psychological abuse of a member of the family to which is the victim belongs. or to witness pornography in any form or to (1) Filipino citizen witness abusive injury to pets or to unlawful or unwanted (2) Permanent resident of the Philippines deprivation of the right to custody and/or visitation of common (3) Committed acts against Filipino citizens. 3(a)] child to do indecent acts and/or make films thereof. 9262 covers several acts of violence. treating a c) Destroying household property. together in the same room with the abuser. committed and the right to the use and enjoyment of the conjugal. acts of lasciviousness. forcing him or her to watch obscene publications and indecent shows or forcing the woman or her WHO: [Sec. harassment. a) Withdrawal of financial support or preventing the victim from 9262) engaging in any legitimate profession. children. c) A woman with whom the offender has a common child with. commenced in the Philippines. sexual harassment. and whether such act constitute a crime in the said place. and are not limited to: community or property owned in common. operation.A. but not limited Section 26-A: Extra-Territorial Jurisdiction: State shall exercise to intimidation.

or intimidation directed against the woman or child. the following acts: (a) Causing physical harm to the woman or her child. physical harm. by force or • Any person who has personal knowledge can file complaint. NOTES: occupation. This shall to the woman or her child. Stalking or following the woman or her child in public or private (b) Threatening to cause the woman or her child physical harm. 25] against the woman or her child or her/his immediate family. 1. repeated include. (one night money or properties. Entering or remaining in the dwelling or on the property of the engage in conduct which the woman or her child has the right to woman or her child against her/his will. 2. 5] or through another. the following acts committed with the verbal and emotional abuse. romantically involved over a time and on continuing basis (g) Causing or attempting to cause the woman or her child to engage during course of relationship in any sexual activity which does not constitute rape. (d) Attempting to compel or compelling the woman or her child to 3. children through any of the following acts: but not be limited to. knowing. legal right. woman or her child. (c) Attempting to cause the woman or her child physical harm. or deliberately women or her child. desist from or desist from conduct which the woman or her child has 4. threat of force. threat of force. that alarms or causes substantial emotional or ANY PERSON who commits violence against women and their psychological distress to the woman or her child. Peering in the window or lingering outside the residence of the (c) Placing the woman or her child in fear of imminent physical harm. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 50 . Preventing the woman in engaging in any legitimate profession. business or activity or controlling the victim's own • Sexual relationship refers to any single sexual act. Depriving or threatening to deprive the woman or her children act for the purpose of preventing further acts of violence against of financial support legally due her or her family. or solely controlling the conjugal or common stand) money. public ridicule or humiliation harm. places.SPECIAL PENAL LAWS d) The legitimate or illegitimate child of the woman within or 3. Destroying the property and personal belongings or inflicting the right to engage in. physical or other harm or threat of physical or other (i) Causing mental or emotional anguish. or properties. Protection Order: A protection order is an order issued under this 2. personally HOW: [Sec. This shall include. child's movement or conduct: 1. • Dating relationship refers to a situation wherein parties live (f) Inflicting or threatening to inflict physical harm on oneself for the as husband and wife without benefit of marriage or are purpose of controlling her actions or decisions. (h) Engaging in purposeful. 4. or reckless conduct. providing the woman's children insufficient financial support. or attempting to restrict or restricting the harm to animals or pets of the woman or her child. including. Threatening to deprive or actually depriving the woman or her REMEDIES: child of custody to her/his family. Engaging in any form of harassment or violence. Depriving or threatening to deprive the woman or her child of a without the family abode. but not limited to. and denial of financial support or purpose or effect of controlling or restricting the woman's or her custody of minor children of access to the woman's child/children. but not limited to. and woman's or her child's freedom of movement or conduct by force or 5. or through intimidation directed [Sec.

d) Description of the reliefs requested by the petitioner. e) Request for counsel and reasons for such. or [Sec. 9262 shall a) Names and addresses of the petitioner and the respondent. written in English with translation to the major petitioner resides Permanent!) languages. order applicant resides barangay b) The parents or guardians of the offended party. 11] Court or person in whose The application of the Protection Order must be in writing. petitioner. counselor. either temporarily for the purpose of protecting the petitioner. 9] protection where the only in the a) The offended party. directly or indirectly. HOW: [Sec. include any. Temporary with the 30 days. annoying. (BPO) applicant c) The ascendants. Municipal Court g) Lawyer. telephoning. Order Regional Trial is issued. and if 16] where: respondent must remove personal effects from the residence. committing. can be Enforceable d) Officers or social workers of the DSWD or social workers of local Protection appropriate renewed until PPO anywhere government units (LGUs). which is readily available. Barangay in the Barangay 15 days Enforceable the court shall direct a law enforcement agent to accompany the Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 51 . Court or f) Punong Barangay or Barangay Kagawad. descendants or collateral relatives within the resides fourth civil degree of consanguinity or affinity.SPECIAL PENAL LAWS WHO CAN FILE: [Sec. contacting or otherwise communicating with the f) Request for waiver of application fees until hearing. 14. therapist or healthcare provider of the where the petitioner. desks. A standard protection order where the (Duhhh application form. regardless of ownership of the residence. preferably those in charge of women and children’s (TPO) Court/Family Philippines. in the e) Police officers. shall contain the following information: The protection order that may be issued under R.A. personally or through another. the petitioner. petitioner resides h) At least two (2) concerned responsible citizens of the city or Permanent with the Effective until Enforceable municipality where the violence against women and their children Protection appropriate revoked by the anywhere occurred and who has personal knowledge of the offense committed Order Regional Trial court upon in the (PPO) Court/Family application of the Philippines. signed Municipal Court favor it was issued. g) An attestation that there is no pending application for a protection c) Removal and exclusion of the respondent from the residence of order in another court. 9262. some or all of the following reliefs: [Sec. 8] b) Description of relationships between the petitioner and a) Prohibition of the respondent from threatening to commit or respondent. b) Prohibition of the respondent from harassing. mention in Article 5 of R. and verified under oath by the applicant.A. any of the acts c) Statement of the circumstances of abuse. Filed where: Effectivity: Enforced permanently where no property rights are violated.

and to stay away from the residence. or to for rescheduling of hearing. the court shall order an appropriate percentage of o Acts 5(g)-5(i) = 10 years the income or salary of the respondent to be withheld regularly • The Battered Woman Syndrome is a repeated and cyclical by the respondent’s employer for the same to be automatically violence against a woman which results in the remitted directly to the woman. 15 January 2004) h) Prohibition of the respondent from any use or possession of any • The Battered Woman Syndrome is now a defense which can firearm or deadly weapon and order him to surrender the same be used by the victim-survivors who really are suffering from to the court for appropriate disposition by the court.” (People v. designated family or household member at a distance specified j) Directing the DSWD or any appropriate agency to provide by the court. 135981.16] f) Granting a temporary or permanent custody of child/children to the petitioner. against the person applying. or any specified place frequented by the k) Provision of such forms of relief as the court deems necessary to petitioner and any designated family or household member. including. • In legal separation cases. medical expenses. Notwithstanding other laws to o Acts 5(a)-5(f) = 20 years the contrary. d) Directing the respondent to stay away from the petitioner and child care expenses and loss of income. offender and take appropriate action on matter.SPECIAL PENAL LAWS respondent has gathered his things and escort the respondent i) Restitution for actual damages caused by the violence inflicted. and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to NOTES: ensure that the petitioner is safely restored to the possession of • Non-appearance in trial for Protection order is not a ground the automobile and other essential personal effects. protect and provide for the safety of the petitioner and any e) Directing lawful possession and use by petitioner of an automobile designated family or household member.16] supervise the petitioner’s or respondent’s removal of personal • The court allows history of violent behavior even if it wasn’t belongings. If the offender is a law enforcement not automatically disqualify you from having custody of your agent. G. regardless of ownership. [Sec. No. 24] her child if entitled to legal support. designated family or household member consists to such relief. property damage. revocation of license and disqualification to apply for any license • Woman suffering from the Battered Woman Syndrome will to use or possess a firearm. place petitioner may need. employer for indirect contempt of court. [Sec. Genosa. from the residence. school. provided petitioner and and other essential personal effects. including the said syndrome at the commission of a crime. [Sec. and of employment. no more period of reconciliation in accordance to Art. but not limited to. 19] Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 52 . the court shall order the offender to surrender his firearm children unless the court some other compelling reasons not and shall direct the appropriate authority to investigate on the to award custody of the children to you. Failure to remit and/or withhold or “immobilization of the latter’s ability to act decisively in her any delay in the remittance of support to the woman and/or her own interest and making her feel trapped in a relationship child without justifiable cause shall render the respondent or his with no means of escape.R. 58 of FC. OTHER NOTES in VAWC: g) Directing the respondent to provide support to the woman and/or • Prescriptive period for filing VAWC is: [Sec.

legislative or administrative hearing or investigation. when that he/she could disrobe in privacy.SPECIAL PENAL LAWS • Being under the influence of any drug or alcohol is not a b. or 4.  Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public. or show or exhibit the sharing. 1. it does not mean one can expectation of privacy – reproduce. Any person who violates this provision shall be liable for person was being captured. notwithstanding that consent to record or take Note: photo or video coverage of same was given by such 1. such photo or video or recording of sexual act.  The act of selling. Without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable Definitions expectation of privacy. internet. whether it be which such person/s has/have a reasonable expectation of the original copy or reproduction thereof. The prohibition under paragraphs (2). To copy or reproduce. Inadmissibility of Evidence (Sec. 2. broadcasting. 27]  such as the naked or undergarment clad genitals. Under circumstances in which a person has a reasonable (Even if there is consent to video. cellular phones and similar means phones and other similar means or device. distribute or publish such without violating this  Under Circumstance. or cause to be sold or distributed. quasi-judicial. public area. obtained or secured by any person in violation of the preceding sections Acts Punishable (Sec. 5) shall not be admissible in evidence in any judicial. or of capturing an image of the private area of a person or 3. photo or video. Photo or video voyeurism – 2.  Any record. 9995) c. notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. cellular o VCD/DVD. (3) and (4) shall apply person's. [Sec. act) without being concerned that an image or a private area of the 2. or copy thereof. or device without the written consent of the person/s involved. or to cause to be copied or reproduced. or cause to be published or broadcast. showing or exhibiting the photo or video coverage or photo or video coverage or recordings of such sexual act or recordings of such sexual act or similar activity through: any similar activity through VCD/DVD. Anti-Photo and Video Voyeurism (R. a. To take photo or video coverage of a person or group of o Evidence acquired illegally is not admissible as evidence in persons performing sexual act or any similar activity or court. or privacy. reproducing. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 53 . persons without the latter's consent. whether in print or broadcast media. or photo or video voyeurism as defined herein. To capture an image of the private area of a person/s defense. under circumstances in 1. copying.  The act of taking photo or video coverage of a person or  such photo or video or recording of sexual act or any similar group of persons performing sexual act or any similar activity activity with or without consideration.A. To publish or broadcast. buttocks or female breast H. internet. To sell or distribute. 7) regardless of whether that person is in a public or private place.

Juvenile Justice Welfare Act. Public Morals criminal investigation or trial of the crime of photo or video A. 1602. R. cara y cruz. 9344 . monte. shall directly or indirectly take produce.A. Sec 58] Any peace officer. 4. IV. 6 from class: baccarat. bowling. pangguingue and other card games. but sir  Provided that the said person undergo appropriate counseling said he won’t ask this. basketball.D. or to the solution or prevention 2. 202 is NOT applicable to Minors Exemptions (Sec. 9287) voyeurism. high and low. boat racing. cockfighting. and that the evidence to be obtained is essential to other forms of lotteries.  Is reproduce = download?  not answered point shaving and other machinations. articles of value or representative of value are at Who are currently punishable under Art. paik que. for money or profit. contraptions and devices. roulette. volleyball.  There is a pending case in court and needs to present such 5. dog racing.  Only Prostitutes – women who. and part in any illegal or unauthorized activities or games of 2. jai alai or horse racing to include photo or video voyeurism has been committed or is about to be bookie operations and game fixing. or any other game scheme. boxing. 3. referred to in the preceding subparagraph to be carried on in Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 54 . jueteng. numbers. Any person other than those referred to in the succeeding sub- affirmation of the applicant and the witnesses he/she may sections who in any manner. 7. 6) – Disclaimer: I am not sure about this. pinball and other mechanical this act. 7-11 and any game using dice.  and treatment program [R. provided: Punishable Acts (list not exclusive – maybe magtanong siya ng That such written order shall only be issued or granted: example): 1. who is authorized by a written order of the court. crime. pompiang and the like.SPECIAL PENAL LAWS Note: Art. habitually B. 202 of the RPC stake or made. slot machines. Any person who shall knowingly permit any form of gambling indulge in sexual intercourse or lascivious conduct. cuajao. to use the record or any copy thereof as evidence in any civil. wherein wagers consisting of money. banking or percentage game. lucky nine. car racing and other forms of Other notes from class: races.A. I. Upon written application and the examination under oath or A. pingpong and other  Video a person topless in a beach  not liable in this article forms of individual or team contests to include game fixing. the conviction of any person for. 10158) whether upon chance or skill. Note of Sec.  Violation for Anti-Wire Tapping if voice record 8. domino and other games evidence in court using plastic tiles and the likes. poker and its derivatives. of such. Illegal Gambling (P. 9. black jack.A. bingo and committed.  There is a need to get more evidence to prosecute one under 6. Upon showing that there are reasonable grounds to believe that 1. mahjong. Decriminalization of Vagrancy (R.

 Upon conviction. 6. Maintainer. land to be used in the operation of the illegal numbers games. 5 shall be placed under the Witness Protection Program (Sec.SPECIAL PENAL LAWS inhabited or uninhabited place or in any building. 7)  Immunity from prosecution (Sec. Controller or Supervisor property used in any illegal numbers game operation shall be 5. prima facie evidence of any offense (Sec. Collector or Agent other instruments of the crime including any real or personal 4. 3.  Recidivism – the penalty higher in degree as provided in Sec. 4). gambling paraphernalia and 3. Personnel or staff of an illegal numbers game operation be in custodia legis and no bond shall be admitted for the b. 8) o Any person who serves as a witness for the government or provides evidence in a criminal case involving any violation of this Act o Any person who voluntarily or by virtue of a subpoena testificandum or duces tecum. produces. 9)  Any person charged or convicted of offenses under this Act Who are Punishable under this Act (Sec. 4. no property or income used 1. 3 shall be imposed upon a recidivist (Sec. Manager or Operator confiscated and forfeited in favor of the State. vessel or Rules on Prosecution Judgment and Forfeiture of Property other means of transportation owned or controlled by him (Sec. alienated or transferred and the same shall a. house. Any person who allows his vehicle. 10) Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 55 . identifies. Coordinator. necessary for the investigation or prosecution of individuals committing any offenses under Sec. Financer or Capitalist  All assets and properties of the accused either owned or 7. 3): may still be prosecuted and convicted of any act or acts If a person acts as a (organized from the lowest to the highest penalized under the RPC or other existing laws. whether testimonial or  documentary. Bettor or derived therefrom which may be confiscated and forfeited 2. penalty):  During the pendency of the case. building or release of the same. (same penalty) shall be disposed. or gives testimony shall be immune from any criminal prosecution  Providing material information. Protector or Coddler held by him/her in his/her name or in the name of another person found to be manifestly out of proportion to his/her Other provisions: lawful income shall be prima facie presumed to be  Possession of any Gabling paraphernalia and other materials proceeds of the offense and shall likewise be confiscated used in the illegal numbers game operation shall be deemed and forfeited in favor of the State. all proceeds.

A. give away to another. delivery. drugs/ controlled precursors and regardless of quantity or purity essential chemicals Any person who commits the same act as above but involving a controlled precursor or any essential chemical If 100 meters from a school Using minors or mentally incapacitated individuals as runners. R. shall import or bring into and/or Controlled Precursors and the Philippines any dangerous drug. regardless of the quantity and Essential Chemicals purity involved Any person who unless authorized by law. Any person who unless authorized. shall sell. trading. shall import any controlled precursor and essential chemical Any person.A. deliver. diplomatic facilities or that involving his official status to facilitate the unlawful entry Financier/ Protector/ Coddler Sale. distribution dispense. administration. distribute dispatch in transit and transportation of dangerous or transport any dangerous drug or who shall act as a broker. 9165. unless authorized by law. dispensation. and messengers or in any other capacity directly connected Victim is a minor or a mentally incapacitated individual whose death Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 56 .SPECIAL PENAL LAWS V. Drugs A. trade. Dangerous Drugs (R. unless authorized by law. 10640) Unlawful act Person(s) punishable Additional details Importation of Dangerous Drugs Any person who. couriers. who shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport. administer.

Any person who is aware of the nature of the place and shall knowingly visit it Manufacture of Dangerous Drugs Anyone. Aggravating circumstances: (a) Any phase of the process was conducted in the presence or with Protector/ coddler the help of minors Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 57 . resort 2.SPECIAL PENAL LAWS is caused by the drug/controlled precursor Financier/ Protector/ Coddler Maintenance of a Den. operator The den/ dive/ resort owned by a third person. an employee who is aware of the nature of such place dive. who engages in the manufacture of any 1. the complaint alleging that the place is intentionally used for the crime and prove intent of the owner to use it as such Financier/ Protector/ Coddler Employees and visitors of a den. Dive or Anyone who shall maintain a den. dive or resort where any Resort dangerous drug is used or sold in any form If what is involved is a controlled precursor/ essential chemical When any dangerous drug is administered/ delivered/ sold to a minor who is allowed to use it in the place Maintainer. owner. Presence of any controlled and/or Controlled precursors and dangerous drug precursor and essential chemical or Essential Chemicals lab equipment in the clandestine lab is If what is involved is a controlled precursor and essential chemical prima facie proof of manufacture Financier/ Protector/ Coddler 2. 1. unless authorized.

store. instrument. contain or conceal any dangerous drug and/or controlled precursor and essential chemical. manufacture with intent to deliver equipment. Essential Chemicals prepare. compound. produce. grow. 10 g or more of opium. analyze. propagate. Illegal Chemical Diversion of Any person. that it will be used to plant. possess with intent to deliver. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 58 . or should Dangerous Drugs and/or know. repack. unless authorized by law. Apparatus. business. convert. process. apparatus and Other Paraphernalia for and other paraphernalia for dangerous drugs. church or school premises. (c) Any clandestine laboratory was protected with booby traps (d) Any clandestine laboratory was concealed with legitimate business operations (e) Any employment of a practitioner. Instrument. 2. It will be used to introduce into the human body Any person who uses any minor/ mentally incapacitated individual to deliver such paraphernalia Possession of Dangerous Drugs Any person who shall possess: 1. knowing. cultivate. manufacture.SPECIAL PENAL LAWS (b) Any phase or manufacturing process was established or undertaken within 100 meters of a residential. public official or foreigner. test. or Equipment. who shall illegally divert any Controlled Precursors and controlled precursor/ essential chemical Essential Chemicals Manufacture or Delivery of any person who shall deliver. Controlled Precursors and harvest. 10 g or more of morphine. pack. chemical engineer.

Anyone who shall possess or have under his control any In the case of medical practitioners Instrument. marijuana resin or marijuana resin oil. heroin. 50 g or more of "shabu". TMA. TMA. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements 2. Apparatus and Other equipment. apparatus and other paraphernalia fit or and various professionals who are Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 59 . or other dangerous drugs such as. MDMA or "ecstasy". 300 g or more but less than 500 g of marijuana Anyone who shall possess: 1. GHB. Less than 5 g of opium. TMA. PMA. 10 g or more of marijuana resin or marijuana resin oil. 10 g or more of cocaine or cocaine hydrochloride. 6. instrument. Less than 300 g of marijuana Possession of Equipment.SPECIAL PENAL LAWS 3. cocaine or cocaine hydrochloride. PMA. Anyone who shall possess 10 g or more but less than 50 g of shabu Anyone who shall possess: 1. 5 g or more but less than 10 g of opium. 10 g or more of heroin. cocaine or cocaine hydrochloride. 5. without having any therapeutic value or if far beyond therapeutic requirements 2. 7. but not limited to. morphine. GHB. or other dangerous drugs such as. similarly designed or newly introduced drugs without having any therapeutic value or if the quantity is far beyond therapeutic requirements. but not limited to. methamphetamine hydrochloride or "shabu". PMA. 4. heroin. MDMA or "ecstasy". marijuana resin or marijuana resin oil. as determined by the Board. shabu. GHB. LSD. LSD. 10 g or more of other dangerous drugs such as "ecstasy". 500 g or more of marijuana 8. morphine. and those similarly designed or newly introduced drugs and their derivatives. and those similarly designed or newly introduced drugs and their derivatives. LSD.

For medical laboratories and Classified as Dangerous Drugs or regardless of quantity. During Parties. or acts as financier the owner can prove lack of knowledge despite exercise of due diligence Protector/coddler Maintenance and Keeping of Any practitioner. importer. instrument. the Board shall prescribe the necessary guidelines. in which case he shall be indicted for possession only. wholesaler. distributor. or in the proximate company of or Meetings at least two (2) persons. The license to practice profession or Original Records of Transactions dealer or retailer who fails to comply with the maintenance and to operate a business shall also be Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 60 . Instrument. who shall plant. manages. Cultivation or Culture of Plants Any person.SPECIAL PENAL LAWS Paraphernalia for Dangerous intended for introducing any dangerous drug into the body required to carry such equipment. Any person in possession or controls any equipment. Social Gatherings or at a social gathering or meeting. regardless of the quantity and purity Possession of Equipment. after a confirmatory test also found in possession of any dangerous drug. manufacturer. Drugs instrument. Possession of Dangerous Drugs Anyone found in possession of any dangerous drug during a party. social gatherings Drugs During Parties. Apparatus and Other apparatus and other paraphernalia fit or intended for introducing Paraphernalia for Dangerous any dangerous drug into the body. cultivate or culture any plant 1. during parties. apparatus and other paraphernalia in the practice of their profession. or in the proximate company of at least 2 persons Gatherings or Meetings Use of Dangerous Drugs Any person arrested who is found to be positive for use of any Not applicable if the person tested is dangerous drug. Social or meetings. which is or may hereafter be classified as a medical research centers the Board are Sources thereof dangerous drug or as a source of a dangerous drug shall prescribe the necessary guidelines Any person who shall use land belonging to the public domain 2. Land or greenhouses used shall be escheated in favor of the State unless Organizes.

or chemical diversion. trustee. vessel. equipment or other facility. who. The partner. manager.treated as co-principal 2. as an instrument in the transportation or manufacture of dangerous drugs. estate Associations or Other Juridical administrator. director. or officer who consents to or knowingly tolerates Entities such violation .SPECIAL PENAL LAWS on Dangerous Drugs and/or keeping of the original records of transactions on any dangerous revoked Controlled Precursors and drug and/or controlled precursor and essential chemical Essential Chemicals Unnecessary Prescription of Anyone who shall prescribe any dangerous drug to any person Dangerous Drugs whose condition does not require the use or in the dosage prescribed therein Unlawful Prescription of Dangerous Any person. if such objects are owned by or under the control or supervision of the juridical entity to which they are affiliated Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 61 . president. unless authorized by law. aircraft. One who authorizes or consents to the use of a vehicle. Corporations. 1. regardless of quantity and purity Partnerships. shall issue a Drugs prescription or that purporting to be a prescription for any dangerous drug Planting evidence Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical.

photograph the same in the presence of the accused or the person from whom such items were seized. the substances seized shall be submitted to the PDEA not of lawful commerce Forensic Laboratory for a qualitative and quantitative examination and a shall be destroyed certification with regard to the examination shall be done without delay .A representative sample shall be obtained to be presented in Court 3. or his representative or counsel. order of confiscation or PEOPLE V PADUA . That in excess shall be used in campaigns against illegal drugs. and any elected public property of a third person official who shall be required to sign the copies of the inventory and be not liable for the unlawful given a copy act. physically inventory and forfeiture. custody and maintenance of the property as well as expenses for publication and court costs. the same Unlawful Act.SPECIAL PENAL LAWS Additional penalties Confiscation and Forfeiture of the 1. in the presence of the accused or the person from whom such items were confiscated and/or seized. After conviction. If the forfeited property Proceeds or Instruments of the shall be disposed for it shall be in custodia legis and no bond shall be admitted is a vehicle. a representative from the media and the DOJ. During the pendency of the case. civil society groups and any elected public official.Within 24 hours. Including the for its release shall be auctioned off not Properties or Proceeds Derived 2. but those which are . That confiscated shall be used to pay expenses incurred in the proceedings for forfeiture. a representative or counsel. or income derived therefrom 1. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 62 . . the Court shall conduct an ocular inspection of that seized . No forfeiture of representative from the media and the DOJ. no property.PDEA shall within 24 hours thereafter proceed with the destruction or burning of the same. the Court shall schedule a hearing for the forfeiture of all the proceeds and the assets and properties of the accused either owned or held by him or in the name of some other persons manifestly out of proportion to his/her lawful income 4. The apprehending team after seizure. a 2. The PDEA shall take charge and have custody of the drugs/ chemicals/ later than 5 days upon paraphernalia.After filing of the case.

delivery. Importation of any dangerous drug/ controlled precursor and essential chemical. plant sources. Public officers shall be penalized 1. Manufacture of any dangerous drug and/or controlled precursor and essential chemical. and 5. perpetually disqualified from holding instruments/paraphernalia and/or laboratory equipment including the proceeds any public office or properties 2. Those who shall misappropriate or fail to account for confiscated dangerous with the maximum penalty and be drugs. unless the penalty is death Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 63 .SPECIAL PENAL LAWS Any person charged under this law shall not be allowed to avail of the provision on plea-bargaining The probation law shall also not be applicable for those convicted of drug pushing/ trafficking A positive finding for the use of RPC shall be applicable in the increase of the penalty dangerous drugs shall be a qualifying aggravating circumstances Attempt or Conspiracy The attempt or conspiracy of the following acts shall be penalized with the same penalty of their commission 1. dispensation. Cultivation or culture of plants which are sources of dangerous drugs. dive or resort 4. distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. Sale. Those benefited from the proceeds or have received any financial or material contributions or donations from those found guilty of trafficking dangerous drugs Deportation of Alien After service of sentence without further proceedings shall be deported. controlled precursors and essential chemicals. administration. trading. 2. Maintenance of a den. 3.

Applicants for firearm's license and for permit to carry firearms outside of residence 3.SPECIAL PENAL LAWS Accessory penalties Disqualified to exercise the following rights: Rights shall also be 1. any condition or undertaking. the rights of parental authority or guardianship suspended during the 2. police and other law enforcement agencies Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 64 . Any government forensic laboratories 2. The screening test which will determine the positive result as well as the type of the drug the date of issue) used 2. Applicants for driver's license testing? 2. Dangerous Drugs Test and Record Requirements Laboratories authorized to conduct drug tests 1. Officers and employees of public and private offices 5. subsequently that the 3. The information and testimony are necessary for the conviction of the The immunity shall not persons attach should it turn out 2. The informant or witness shall strictly and faithfully comply without delay. Officers and members of the military. Such information and testimony can be corroborated information/testimony is 4. The confirmatory test which will confirm a positive screening test Who shall be subjected to undergo drug 1. the right to vote and be voted for. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. political rights such as but not limited to. the rights to dispose of such property pendency of an appeal 3. malicious or made involving moral turpitude. Any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results Drug tests (valid for a one-year period from 1. except when there is no other direct evidence only for the purpose of available harassing 5. Students of secondary and tertiary schools 4. reduced into writing. from conviction Immunity from prosecution 1. Such information and testimony are not yet in the possession of the State. The informant or witness has not been previously convicted of a crime false.

willfully or through gross negligence shall be punished under this act Those required to submit records for 1. public or private Heads. licensed or accredited under this Act and its implementing rules to conduct drug examination or test. Issue of False Drug Test Results Any person authorized. All candidates for public office 8. wholesalers. Any person apprehended or arrested for violating the provisions of this Act if the apprehending officer has reasonable ground to believe that the person arrested. All persons charged before the prosecutor's office with a criminal offense having a penalty of imprisonment of not less than 6years and 1 day 7. practitioners authorized to prescribe any dangerous drug 6. If discovers that any person in the school or within its immediate vicinity is liable for violating any of said provisions. who issues false or fraudulent drug test results knowingly. and referral for treatment for drug dependence School Curricula Include instruction on drug abuse prevention in all types of schools. pharmacists transactions on Dangerous Drug and 2. manufacturers. distributors. dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals Participation of the family.SPECIAL PENAL LAWS 6. importers. physicians Precursors and Essential Chemicals 3. teachers and school authorities Family Assure awareness of members of the family on ill effects of dangerous drugs Student Councils and Campus Orgs For all elementary. Supervisors. is under the influence of dangerous drugs. publication and distribution of information and support educational Drugs materials on dangerous drugs to the community Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 65 . veterinarians 5. dentists 4. they must report to the school head or immediate superior (failure of which shall give rise to disciplinary action) Publication and Distribution of Materials on Dangerous The development. secondary and tertiary schools – include activities for prevention of use of dangerous drugs. and Teachers of Schools They shall be deemed persons in authority and are empowered to apprehend/arrest any person in violation of this law. students.

Special Drug Action Center . by ordinance. officer. or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address. Section 52. Section 50. 2) Any employee.SPECIAL PENAL LAWS Duties of each Sector (Sections 46 .Private Sectors shall include programs and info campaigns against drugs in their collective bargaining agreements or any joint agreements. Section 49 .Government Assistance .DOLE will formulate guidelines for a drug free workplace.Notice . Private Sector Section 47 .53) National Government Section 46 .Local gov’t units shall set aside annual budget for the enforcement of this act. Section 48 .establish a special education drug center for out-of-school youth and street children that would sponsor drug prevention programs. create an administrative board to hear complaints regarding the nuisances.g.Private Sectors may ask assistance from gov’t for drug related programs e.Labor Organizations and Private Sectors . and Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 66 . Abatement of Drug Related Public Nuisances - Requirements to be declared public nuisance: 1) Any place or premise 2) Used on two (2) or more occasions as site for unlawful sale or delivery of drugs Procedure for declaration: (Hearing . The said program shall also be adopted in all orphanages and special centers for street children.Drug Free Workplace . Local Government Units' Assistance . seminars Local Government Section 51.Guidelines for the National Drug-Free Workplace Program .Companies with TEN (10) OR MORE EMPLOYEES shall include a MANDATORY drafting and adoption of company policies against drug use in the workplace in close coordination with DOLE.Opportunity to present evidence) 1) Any city or municipality may.

The order expires AFTER one (1) year. *Court may extend the confinement for rehabilitation Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 67 . and at which the owner of the premises shall have an opportunity to present evidence in his/her defense. Section 53. operation or maintenance of any business or activity on the premises which is conducive to nuisance. Procedure: 1) Apply to the Board for treatment or rehabilitation 2) Board will bring the order to the Court 3) The Court will have the person examined by a DOH-accredited physician for drug dependency. 59 and 60) Submission to Centers Section 54. Treatment and Rehabilitation - Any drug dependent who violates Section 15 of this act may be surrendered by: 1) Himself 2) Parent 3) Spouse 4) Guardian 5) Relative within the fourth degree of consanguinity or affinity. the Board may declare the place or premises to be a public nuisance. This also does not restrict the right of any person to proceed under the Civil Code against any public nuisance (*Note: This refers to our Property class where an individual has a to abate) Rehabilitation and Treatment of Drug Dependents under Voluntary Submission (Section 54.The Administrative Board may declare an order to prohibit the conduct. including evidence of the general reputation of the place or premises. Effect of Board Declaration . 56. Voluntary Submission of a Drug Dependent to Confinement.SPECIAL PENAL LAWS 3) After hearing in which the Board may consider any evidence. *Decision stage is at Section 53. 4) Court again will order the drug dependent to undergo treatment in a Center recommended by the Board for a period of NOT LESS THAN SIX (6) months BUT NOT MORE THAN ONE (1) YEAR.

If he requires further treatment. he/she may be discharged by the Court subject to Section. to which the court will issue within one (1) week. he will be recommitted to the Center for confinement and subjected to the same after-care and follow-up treatment. Temporary Release From the Center. If he ESCAPES AFTER RECOMMITMENT. the person may be surrendered by a) Himself b) or through his/her Parent c) Spouse d) Guardian e) Relative within the fourth degree of consanguinity or affinity. If during his release. within one (1) week from the date of the said escape. he is certified to be rehabilitated. Temporary Release Section 56. for a period not exceeding eighteen (18) months under such terms and conditions that the Court may impose. including urine testing. 55 of this act AND WITHOUT PREJUDICE to a pending court case. treatment and rehabilitation or has been committed to a Center under this program. In Case of Escape Section 59. the Board will apply to the court a recommitment order.The Court may temporarily release the rehabilitated upon certification of the Center Provided he shall submit to the DOH for after-care and follow-up treatment. After-Care and Follow-Up Treatment Under the Voluntary Submission Program . Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 68 . Confidentiality of Records Section 60. he/she shall be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act on order of the Board or Court. If AFTER one (1) week he does not submit himself or is not submitted.SPECIAL PENAL LAWS The drug dependent may be placed under the DOH-accredited physician instead provided: 1) There are no Center approved by the Board that is accessible or near to the residence of the drug dependent OR 2) Drug dependent is 18 yrs and is a first-time offender and non-confinement in the Center will not pose danger to him/her or to his/her family. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program: In case of escape. Confidentiality of Records Under the Voluntary Submission Program: Judicial and medical records will be confidential EXCEPT to determine how many times he/she voluntarily submitted himself/herself for confinement.

within one (1) week from the date of the said escape. as amended. 3) He/she has no record of escape from a Center Provided. as amended. Probation and Community Service Under the Voluntary Submission Program: Those Criminal Liability discharged from the Center but do not qualify for exemption from criminal liability under Section 55 of this Act.SPECIAL PENAL LAWS Criminal Liability of those who Voluntary Submitted (Sections 55 and 57) Exempted from Criminal Section 55. the applicable rules and regulations of the Board. they shall be placed on probation and undergo a community service and/or a fine in the discretion of the court. This is without prejudice to the outcome of any pending case filed in court. That had he/she escaped. Instead of imprisonment. including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center or. his/her family or the community by his/her exemption from criminal liability. the Dangerous Drugs Act of 1972 OR Republic Act No. the after-care program and follow-up schedule formulated by the DSWD and approved by the Board: Provided. and 4) He/she poses no serious danger to himself/herself. the Revised Penal Code. 6425. Such drug dependent shall undergo Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 69 . may be charged under the provisions of this Act. Those Not Exempted from Section 57. Exemption from the Criminal Liability Under the Voluntary Submission Program: They shall Liability be exempted from criminal liability under Section 15 of this Act subject to the following conditions: 1) He/she has complied with the rules and regulations of the center. he/she surrendered by a) Himself b) or through his/her Parent c) Spouse d) Guardian e) Relative within the fourth degree of consanguinity or affinity. 2) He/she has never been charged or convicted of any offense punishable under this Act. That capability-building of local government social workers shall be undertaken by the DSWD. or any special penal laws. in the case of a dependent placed under the care of the DOH-accredited physician.

The court will then issue a commitment order to an accredited Center if found to be drug dependent.SPECIAL PENAL LAWS community service as part of his/her after-care and follow-up program. if after such test and the court is satisfied he is drug dependent. His confinement and rehabilitation in the Center will be credited. for his/her discharge therefrom. Section 62. rule and regulation to the contrary. The Center will then submit every four (4) months a report. The court shall dismiss the proceedings and submit the record of the case to the Board. upon petition by the Board or any of its authorized representative. In any event. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Compulsory Confinement Submission Program: Notwithstanding any law. file a case to the RTC of the province or city where person is found or to the court where his case is being tried or investigated. If the Board is satisfied that he/she is drug dependent then. 62. if public interest requires. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program: Those who are not rehabilitated after the second commitment to the Center under the voluntary submission program shall be charged with violation of Section 15 of this Act. which committed him. and 65) Persons Qualified under Section 61. 64. The prosecution of his offense will thereafter Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 70 . This shall be filed at the RTC of the province or city where person is found. The court will designate two (2) physicians accredited by the Board to determine if the person is drug dependent. A hearing and notice to such person will then be done. be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. If he/she is rehabilitated. he/she shall be returned to the court. any person determined and found to be dependent on dangerous drugs shall. Rehabilitation and Treatment of Drug Dependents under Compulsory Submission (Sections 61. Section 58. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation: Applicable to persons who are charged with imposable penalty of imprisonment of less than six (6) years and one (1) day and found to be drug dependent. the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition. the court will issue a commitment order.

Confidentiality of Records Under the Compulsory Submission Program: Those who are rehabilitated under the compulsory submission program. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 71 . then the court may then resume the prosecution of his case IN CASE OF ESCAPE he/she may be surrendered by a) Himself b) or through his/her Parent c) Spouse d) Guardian e) Relative within the fourth degree of consanguinity or affinity. shall be forwarded to the court and their use shall be determined by the court. Criminal Liability of those who are under Compulsory Submission (Section 63 and 57) Prescription/Escape Section 63. shall be covered by Section 60 of this Act. Duty of the Prosecutor in the Proceedings . If he is rehabilitated. the records of a drug dependent who was not rehabilitated.Duty of the prosecutor to prepare the appropriate petition in all proceedings arising from this Act. However.SPECIAL PENAL LAWS continue. or who escaped but did not surrender himself/herself within the prescribed period. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program: The prescription of the offense of the drug dependent will not run during his rehabilitation or confinement. or who was charged for violation of Section 15 of this Act. within one (1) week from the date of the said escape. He may be temporarily released on the condition that he submits himself to DOH for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board. Section 65. taking into consideration public interest and the welfare of the drug dependent. If the accused is certified by the treatment and rehabilitation center to have maintained good behavior he/she shall be given full credit for the period he/she was confined in the Center provided that: 1) That the offense he is being prosecuted is under Section 15 of this Act 2) He is not a recidivist Section 64.

but not more than eighteen (18) years of age at the time when judgment should have been promulgated.SPECIAL PENAL LAWS If he fails to submit himself or be submitted. otherwise known as the Child and Youth Welfare Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 72 . Article 192 of Presidential Decree No. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. the Board will apply for a recommitment order. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act. may be given the benefits of a suspended sentence. without prejudice to the outcome of any pending case filed in court. or to the care of a DOH-accredited physician for at least six (6) months. with after-care and follow-up program for not more than eighteen (18) months. as amended. 603. upon conviction by the appropriate court. or of the Revised Penal Code. he/she should escape again. Upon recommendation of the Board. Rules for Minors Suspension of Sentence Section 66. a drug dependent who is not rehabilitated after a second commitment to the Center shall. the court may commit the accused under suspended sentence to a Center. If. or of the Dangerous Drugs Act of 1972. A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of this Act. subsequent to such recommitment. On the other hand. he/she shall be under the supervision and rehabilitative surveillance of the Board. or of any special penal laws. This is subject to the following conditions: 1) He/she has not been previously convicted of violating any provision of this Act. suffer the same penalties provided for under Section 15 of this Act again without prejudice to the outcome of any pending case filed in court. Suspension of Sentence of a First-Time Minor Offender: An accused over (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act. After having been found guilty of said offense. and 3) The Board favorably recommends that his/her sentence be suspended. he/she shall no longer be exempt from criminal liability for use of any dangerous drug. While under suspended sentence. 2) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician.

including the ones imposed by the Board and the Center. Rules imposed on the Minor Section 69. Promulgation of Sentence for First-Time Minor Offender: If the accused first-time minor offender violates any of the conditions of his/her suspended sentence. The Board will also recommend the discharge of the minor. Discharge under Suspended Section 67. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender: Suspended sentence can be availed only once. Section 68. without prejudice to the application of the provisions of this Section. OR 2) Impose community service in lieu of imprisonment In case of probation. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment: After the promulgation the court. Upon dismissal. upon a favorable recommendation of the Board for the final discharge of the accused. including the ones in the Center the court. at its discretion: 1) Place the minor under probation EVEN IF the sentence provided under this Act is higher than that provided under existing law on probation. The judicial records will follow Section 60 Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 73 . as amended by Presidential Decree No. shall discharge the accused and dismiss all proceedings.SPECIAL PENAL LAWS Code. all the records will be expunge other than the confidential records that will be kept by the DOJ. may. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Sentence Offender: If the minor is UNDER SUSPENDED SENTENCE complies with applicable rules and regulations of the Board. 1179 shall apply. the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. The court will decide on the termination of probation. Community service applies only to those charged under Section 15 of this act. the Board with DOH and Board of Pardons shall cause a surveillance on the minor and will submit a report to the court that would recommend the termination of probation and a final discharge of the probationer. The Board will determine the time and manner of the community service and will cause a surveillance of the minor. Offender Section 70. The minor will be returned to his former status and he will not be guilty of any perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the cases that were kept confidential or recite any fact related thereto in response to any inquiry made of him for any purpose.

Judicial Records Section 71.000. Should the records be used unlawfully. the penalty here for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of. without reason: 1) Refuses to cooperate with the Board for treatment and rehabilitation of the drug dependent. If the minor still needs to serve imprisonment. follow-up or other programs for the welfare of the accused drug dependent.00) to Six thousand pesos (P6. whether under voluntary submission program or compulsory submission program. lawfully or not. such as blackmailing the drug dependent or his/her family members. and reveals them to those other than charged with prosecution The maximum penalty with perpetual absolute disqualification shall be given to government officials. who is a minor. Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency: Any parent or spouse who. The parents then may be cited for contempt. the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. Records to be kept by the Department of Justice. Liability of a Person Who Violates the Confidentiality of Records: confidentiality of Records Imprisonment of Six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1.00) to those who: 1) Having official custody and access to confidential records UNDER voluntary submission program 2) Those who had gained access to the records. Parents Section 73. OR 2) Prevents or delays the after-care.SPECIAL PENAL LAWS and 64 of this Act. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 74 . Liabilities Those who violate the Section 72.000. – The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender. Liability of a Parent.

Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 75 . including a drug swerving. If the driver fails in the sobriety tests. 1) His/her Parent 2) Spouse 3) Guardian 4) Relative within the fourth degree of consanguinity or affinity. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent: The following shall be charged a certain percentage of the cost of the drug dependent’s treatment and rehabilitation. it shall be the duty of the law enforcement officer to implement the mandatory Punishable Acts (Sec. lane straddling. 6) drug screening test and. a drug confirmatory alcohol in a person’s breath or signs of use of test as mandated under the Dangerous Drug Act to dangerous drugs and other similar substances. 5): Any person to drive a motor vehicle while determination of the driver’s blood alcohol concentration level under the influence of alcohol.A. B. if necessary. sudden stops. including Motor Vehicular Accidents (Sec. nystagmus. A law enforcement officer shall conduct a field sobriety test if: test as mandated under the Dangerous Drug Act (R. determine the presence and/or concentration of alcohol. the NAPOLCOM and the DOTC. 10586) 2.  He has probable cause to believe that a person is driving 9165) under the influence of alcohol. weaving. a drug confirmatory 1. The price will be formulated by the DSWD taking into consideration the economic status of the family of the person confined.A. 2) the walk-and-turn. dangerous drugs and/or other similar substances Mandatory Alcohol and Chemical Testing of Drivers Involved in  by apparent indications and manifestations. Chemical and Confirmatory the driver to the nearest police station to be subjected to a Test (Sec. 4) and other similar tests as determined jointly by the DOH. 7) overspeeding. dangerous drugs and/or other similar through the use of a breath analyzer or similar measuring substances.SPECIAL PENAL LAWS Section 74. dangerous drugs and/or similar substances in the Note: Field Sobriety Test are 1) the horizontal gaze bloodstream or body. if necessary. instrument.  It shall be the duty of the law enforcement officer to bring How to Conduct a field Sobriety. 3) the one-leg stand. Anti-Drunk and Drugged Driving Act of 2013 (R.  They shall be subjected to chemical tests. poor coordination or the evident smell of screening test and.

9165. in addition to other penalties trucks. such as delivery vans. shot. 5. 13) 5.A. firearm which has been lost or stolen Direct Liability of Operator and/or Owner of the Offending 4.A. The perpetual Loose Can be any of the following: revocation of a driver’s license shall disqualify the person from firearm 1. R. missile or any projectile. Firearms  The prosecution for any violation of this Act shall be without A. prejudice to criminal prosecution for violation of the Revised 9516.D. container trucks.Republic Act No. hotel provided herein and/or other pertinent laws. whether a small  The nonprofessional driver’s license of any person found to have arm or light weapon.A. slug. Firearms and Ammunitions (P. R. 8294. Person is licensed Exception: He or she is able to convincingly prove that he or she 2. Dangerous Drug Act -. transports. Gun is not tampered with particular. 12 Penalties (Important Last Sentence) VI. obliterated or altered firearm 3. taxi cabs. 10591) Penal Code. Sec. frame or receiver is considered a firearm perpetually revoked for the first conviction. registered firearms in the possession of an General Rule: The owner and/or operator* of the vehicle driven by individual other than the licensee and those with the offender shall be directly and principally held liable together with revoked licenses the offender for the fine and the award against the offender for Non-loose ELEMENTS (this is not in the law. illegally manufactured firearms Vehicle (Sec. and other special laws and existing local ordinances. whenever Definitions (Sec. gases from burning gunpowder or other form of  The professional driver’s license of any person found to have combustion or any similar instrument or implement violated Section 5 of this Act shall also be confiscated and  the barrel. suspended for a period of twelve (12) months for the first which is discharged by means of expansive force of conviction and perpetually revoked for the second conviction. 3) applicable.SPECIAL PENAL LAWS Refusal to Subject Oneself to undergo the mandatory field Note: sobriety and drug test (Sec. 2. Gun is registered has exercised extraordinary diligence in the selection and 3. cargo of his or her driver’s license. 1866. Gun is not stolen and was legally bought supervision of his or her drivers in general and the offending driver in 4. Person is the licensed possessor of the registered o Thus not anymore directly and principally liable for the fine gun and civil damages. that expels or is designed to violated Section 5 of this Act shall also be confiscated and expel a bullet. 8)  Applicable to the owners and/or operators of public utility  Penalized by the confiscation and automatic revocation vehicles and commercial vehicles. R. unregistered firearm being granted any kind of driver’s license thereafter. cars or vans for rent. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 76 . Firearm  any handheld or portable weapon. but sir enumerated civil damages firearm this in class): 1. school and company buses. and the like.

62MM which  Filipino citizen have fully automatic mode  At least 21 years old  Has gainful work. (i) A pistol which is a hand-operated firearm having o Must present a police clearance from the city or a chamber integral with or permanently aligned with municipality police office. such as: o Has filed in writing the application to possess a (1) Handgun which is a firearm intended to be fired registered firearm (shall state the personal from the hand. made and juridical entity shall submit his/her duty detail order to the intended to fire a number of ball shots or a single Firearms and Explosive Office (FEO) of the PNP.T. bolt. and o Has not been convicted or is currently an accused (ii) Revolver which is a hand-operated firearm with in a pending criminal case before any court of law a revolving cylinder containing chambers for for a crime that is punishable with a penalty of individual cartridges more than two (2) years (2) Rifle which is a shoulder firearm or designed to be  An acquittal or permanent dismissal of a fired from the shoulder that can discharge a bullet criminal case before the courts of law shall through a rifled barrel by different actions of loading. portable o Has passed the psychiatric test administered by a launchers of anti-tank missile and rocket systems. profession. portable anti-tank guns.A. machine guns not exceeding caliber 7. or self. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 77 . assault rifles and light (individual): (Sec.SPECIAL PENAL LAWS Light Class-A Light weapons: self-loading pistols. rifles and Qualifications to obtain a license to own and possess firearms weapons carbines. handheld underbarrel and o Should not have been convicted of any crime mounted grenade launchers. license loading. business or occupation and machine guns exceeding caliber 7. or rifles income. and An applicant who intends to possess a firearm owned by a (3) Shotgun which is a weapon designed. which are not capable of the PNP or a registered and authorized gun club). qualify the accused thereof to acquire a which may be classified as lever. projectile through a smooth bore by the action or energy from burning gunpowder. PNP-accredited psychologist or psychiatrist. occupation or business or had filed an Class-B Light weapons: weapons designed for use by Income Tax Return (ITR) for the preceding year as proof of two (2) or more persons serving as a crew. arms considered to mean a weapon intended to be fired o Has passed a gun safety seminar (administered by from the hand or shoulder. submachine guns. fully automatic bursts of discharge. portable anti-aircraft involving moral turpitude. guns. portable launchers of anti-aircraft missile systems. 4) F. recoilless rifles.C. and o Has passed the drug test conducted by an mortars of a caliber of less than 100MM accredited and authorized drug testing laboratory Small firearms intended to for individual use or is generally or clinic.62MM such as  Certifications Issued by Appropriate Authorities heavy machine guns. which includes: circumstances of the applicant). and the bore which may be self-loading.

Coast Guard and other law Type 4 license – max. Rabbi. by lock and key or other security Forces of the Philippines (AFP). of 15 measures for the safekeeping of enforcement agencies shall only be reported to the FEO of the PNP. President. citizen must comply with the (Sec. and (h) Businessmen (by the nature of their business are exposed to Note: Security agencies and LGUs shall be included in this category high risk of being targets of criminal elements) but shall be subject to additional requirements as may be required by the Chief of the PNP Registration and Licensing Who has authority to issue license? (Sec. firearms of the Armed registered firearms. more than 15 2. lock and key or other security Type 2 license – max. Bank Tellers. and (f) Physicians and Nurses. 5) The following professionals are considered to be in imminent A juridical person maintaining its own security force may be issued a danger due to the nature of their profession. 3.SPECIAL PENAL LAWS FICC Ownership of Firearms by Juridical Entity: (Sec. of five (5) measures for the safekeeping of Ownership of Firearms by the National Government: (Sec. occupation or regular license to own and possess firearms and ammunition under business: the following conditions: (a) Members of the Philippine Bar. Board secretary * officer applying for the juridical entity shall possess all the Types of Licenses Issued to Individuals (Sec. Treasurer. Ministers. (b) Current. registered firearms. 7) registered firearms inspection and bond issued by the Chief of the PNP or duly authorized representative to requirements any qualified person whose life is under actual threat or his/her life is in imminent danger due to the nature of his/her profession. of 10 1. 8) Corporate Officers eligible to represent the juridical person  Chief of the PNP. Exchange Commission (SEC). Imams. 9) qualifications required of a citizen applying for a license to possess Type 1 license – max. SEC. firearms shall be required All firearms owned by the National Government shall be registered with the FEO of the PNP in the name of the Republic of the Type 3 license – max. operational and a continuing concern. and 4. 6) registered firearms. Firearms That May Be Registered (Sec. of two (2) a vault or a container secured by firearms registered firearms. (d) Has paid all its income taxes for the year (duly certified by BIR) (g) Engineers. (a) Filipino-owned and duly registered with the Securities and (b) Certified Public Accountants. For reason of national security. 10) occupation or business  Only small arms may be registered Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 78 . through the FEO 1. a vault or a container secured Philippines. (d) Cashiers. Vice president. and firearms shall be required Type 5 license – if certified gun Carrying of Firearms Outside of Residence or Place of Business collector. 2. (c) Accredited Media Practitioners. (c) Completed and submitted all its reportorial requirements to the (e) Priests.

(h) Submission of falsified documents or misrepresentation in the Renewal of Licenses and Registration (Sec. be perpetually disqualified from applying for any firearm license (d) Any person who shall. government after due process (b) If three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person. FEO may allow more Comprehensive Dangerous Drugs Act of 2002. to continue possessing the same and renewing the licenses (f) Dismissal for cause from the service in case of government  License to possess ammunition included: 50 rounds for each official and employee. All types of licenses to possess a firearm shall be renewed (i) Noncompliance of reportorial requirements. of major parts thereof. (2) Fitted or mounted with laser or any gadget used to guide (c) Loss of the firearm. (3) Fitted or mounted with sniper scopes. or major parts thereof the AFP. registered firearm (g) Commission of any of the acts penalized under the For licensed sports shooters. Grounds for Revocation. If private individuals who already have licenses to possess (e) Carrying of the firearm. or any parts thereof through the shooter to hit the target such as thermal weapon negligence. ammunition. ammunition. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 79 . 1. Cancellation or Suspension of (e) The penalty of one (1) degree higher than that provided in License or Permit (Sec. Registration of the firearm shall be renewed every four (4) years Acts Punished (Sec. or Possession of Failure to renew the registration: revocation of the license of Firearms and Ammunition the firearm + firearm shall be confiscated or forfeited in favor of the (a) Unlawfully acquire or possess a small arm. Failure to renew a license or registration within the periods (c) Any person who shall unlawfully acquire or possess a Class- stated above on two (2) occasions: the holder of the firearm shall A light weapon. and every two (2) years (j) By virtue of a court order Failure to renew the license: revocation of the license and the registration of the firearm/s under said licensee Penal Provisions 2. 19) application to obtain a license or permit. they shall not be deprived of the privilege prohibited places. years. or major parts thereof in Class-A light weapons.SPECIAL PENAL LAWS  If light weapon: lawfully acquired or possessed exclusively by (d) Carrying of the firearm. 28): Unlawful Acquisition. firearm muffler or firearm silencer. the proper permit to by the President in the performance of their duties carry the same. unlawfully acquire or possess a Class-B light weapon. ammunition. 39) paragraphs (a) to (c) shall be imposed upon any person who (a) Commission of a crime or offense involving the firearm. shall unlawfully possess any firearm under any or ammunition. the PNP and other law enforcement agencies authorized outside of residence or workplace without. sight (TWS) and the like. combination of the following conditions: (b) Conviction of a crime involving moral turpitude or any offense (1) Loaded with ammunition or inserted with a loaded where the penalty carries an imprisonment of more than six (6) magazine.

or parts thereof in the person.) Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 80 ..  Can a third person be held liable for this law? (this was asked to Eric. o Liability for Planting Evidence (Sec. or imputing the (i) Any person who shall unlawfully acquire or possess commission of any violation of the provisions of ammunition for a Class-A light weapon this Act If committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon. and/or attach. incriminating the person. directly or indirectly. (P) + no use in the crime Crime + penalty for (P)  What if you were caught with a small arm and a light weapon at the same time. YOU are liable. violation shall be absorbed by the latter. any firearm. Old Firearms Rule the former violation shall be absorbed by the latter. di ko bet answer ni Eric. is it still a penalty crime? YES. or unlawful acquisition or possession of a small arm. evidence (if you are successful in implicating that (f) Any person who shall unlawfully acquire or possess a major person). but. 38)  any (g) Any person who shall unlawfully acquire or possess person who shall willfully and maliciously insert. the former ammunition. through If committed by the same person charged with the any overt or covert act. ammunition for a small arm or Class-A light weapon place. will it be considered as 2 crimes? NO. and o A third person can be held liable if you plant (5) Converted to be capable of firing full automatic bursts. If you are not successful. (P) + “inherent in crime” Crime + aggravating the former violation shall be absorbed by the latter (P) + used in crime with lower Prision mayor penalty Notes in class: (P) + used in crime with same Crime + prision mayor minimum  What if the gun is broken. effects.SPECIAL PENAL LAWS (4) Accompanied with an extra barrel. house. or there are no bullets. and (P) + other crimes Penalty for the crime (k) Any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon New Firearms Rule If committed by the same person charged with the (P) only Penalty for (P) only (prision mayor) unlawful acquisition or possession of a Class-B light weapon. and I’m not sure either. Possession (P) only Penalty for (P) only (prision mayor) (j) Any person who shall unlawfully acquire or possess a major (P) + Homicide / Murder H/M + aggravating part of a Class-B light weapon. part of a small arm. it will be absorbed. or in the immediate vicinity of an innocent (h) Any person who shall unlawfully acquire or possess a major individual for the purpose of implicating or part of a Class-A light weapon.

7) Definition of Terms (Sec. R. 5) certificate of clearance from the Philippine Constabulary. fork-lifts. etc. cause numbering of engine blocks. amphibian trucks. conveyance. all motor vehicle and sale of engine blocks. an accurate monthly report of his transactions in motor vehicles to lawn mowers. 6539. conveyance. transfer. engine. distributors and sellers of motor vehicles to or intimidation of persons. 3) The Collector of Customs of a principal port of entry where an Carnapping (Elements) imported motor vehicle. 9) intended to be propelled by attachment to a motor vehicle. make a report of the 2) belonging to another shipment to the LTC giving the details of the item. make and serial numbers. trailers and traction engines Duty of manufacturers of engine blocks. engine block and chassis must be registered with the Land Transportation Commission (LTC). Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 81 . when propelled or manufactured (Sec. or by using force upon things. chassis or body. chassis or body to of all kinds used exclusively for agricultural purposes. Every sale. 1) actual taking of a motor vehicle within seven days after the arrival thereof. 3) Transportation Commission LTC a monthly report of the manufacture Within one year after the approval of this Act. graders. chassis or body  trailers having any number of wheels. vehicles. 8) They shall keep a permanent record of his stocks. and cranes if not used on public highways. bulldozers. 3) with intent to gain 4) without the latter's consent or by means of violence against Duty of importers. shall They shall cause the numbering of every engine block. substitution or Any person who shall undertake to assemble or rebuild or cause the replacement of a motor vehicle engine. engine. the LTC. transfer.A. and tractors. and the names and addresses  any vehicle propelled by any power other than muscular power of the persons from whom they were acquired and the names and which can be used on public highways addresses of the persons to whom they were sold. 7659) Duty of Collector of Customs to report arrival of imported motor vehicle. substitution or replacement of a motor vehicle engine. 10) Registration of sale. which run only on rails or tracks. engine block and chassis identification of the factory and shall submit to the Land (Sec. street-sweepers. trolley cars.A.SPECIAL PENAL LAWS VII. Clearance and permit required for assembly or rebuilding of motor vehicles (Sec. shall. chassis or body is unloaded. engine block or chassis assembly or rebuilding of a motor vehicle shall first secure a (Sec. Anti-Carnapping Act (R. Property and Economic A. sprinklers. and shall render  EXCEPT road rollers. (Sec. chassis or be classified as separate motor vehicle with no power rating body manufactured in a convenient and conspicuous part thereof which the LTC may direct for the purpose of uniformity and Registration of motor vehicle engine. keep record of stocks (Sec. stating therein Motor vehicle their type. engine block or chassis of a motor vehicle shall be registered with the LTC.

15) If convicted under the provisions of this Act. engine blocks. engine blocks and chassis (Sec. chassis or body to be loaded on board the launch.SPECIAL PENAL LAWS In the case of motor vehicle engines to be mounted on motor boats.  penalty 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. Arcaina Bañadera Caraan Cheng Coloquio Fajardo Lim Villarin Villarin 82 . chassis or body (Sec. chassis or appointment to any public office bodies transported by it for the motor vehicle. engine block. motor vehicle engine. vessels or ships shall within prejudice to his reinstatement and with disqualification from seven days submit a report to the Philippine Constabulary on all voting or being voted for in any election and from motor vehicle. or 17 years and 4 months and not 3) the original or registered serial number of motor vehicle force upon things more than 30 years engines. When carnapping is committed Penalty Without violence or intimidation of Imprisonment (X) for not less Defacing or tampering with serial numbers of motor vehicle persons. boats. 14) vessel or ship. 13) occupant of the carnapped motor Any person vehicle is killed or raped in the  who violates the provision of this Act is punished with course of the commission of the imprisonment for not less than two years nor more than six carnapping or on the occasion years and a fine equal in amount to the acquisition cost of thereof the motor vehicle. boat Penalty for Carnapping (Sec. motor bancas and other light water vessels. engine blocks and chassis [17y 4m < X < 30y] With the owner. 11) the said unlawful act Any person who owns or operates inter-island shipping or any water  in addition. or force upon things than 14 years and 8 months and engines. o who directly commits the unlawful acts or o is guilty of gross negligence of duty or Clearance required for shipment of motor vehicles. motor o connives with or permits the commission of any of vehicle engines. he shall be deported Juridical person immediately after service of sentence without further proceedings. the applicant shall Any government official or employee secure a permit from the Philippine Coast Guard. motor vehicle engine or any other part involved in the violation Aliens (Sec. 12) not more than 17 years and 4 Elements months [14y 8m < X < 17y 4m] 1) any person By means of violence against or Imprisonment for not less than 2) defaces or otherwise tampers with intimidation of any person. engine blocks. motor vehicle engines. shall be dismissed from the service with transportation with launches. driver or Reclusion perpetua to death Penal Provisions (Sec.