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SPECIAL PENAL LAWS

MIDTERMS

Republic Act No. 9262 March 08, 2004---------------------------------------------------------------------------

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children
Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal safety
and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other international human rights instruments of
which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

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1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social
context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to
receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force
or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

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(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman
or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her
child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall
be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower
than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

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annoying. Protection Orders. (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. school.000. (e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects. (h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court. or permanently where no property rights are violated. and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects. place of employment. If the offender is a law enforcement agent. In the absence of such court in the place where the offense was committed. including revocation of license and disqualification to apply for any license to use or possess a firearm. (b) Prohibition of the respondent from harassing. SECTION 7. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm. the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter. regardless of ownership. (f) Granting a temporary or permanent custody of a child/children to the petitioner. Venue. The provisions of the protection order shall be enforced by law enforcement agencies. personally or through another. the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. some or all of the following reliefs: (a) Prohibition of the respondent from threatening to commit or committing. and to stay away from the residence. regardless of ownership of the residence. temporary protection order (TPO) and permanent protection order (PPO). (g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100. or to supervise the petitioner's or respondent's removal of personal belongings. telephoning.00). Page 4 of 36 .. Notwithstanding other laws to the contrary. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court. The protection orders that may be issued under this Act shall include any. and facilitating the opportunity and ability of the victim to independently regain control over her life. In addition to imprisonment.. or any specified place frequented by the petitioner and any designated family or household member. the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence. the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief.00) but not more than three hundred thousand pesos (300. (d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court. The protection orders that may be issued under this Act are the barangay protection order (BPO).The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law.If the acts are committed while the woman or child is pregnant or committed in the presence of her child. (c) Removal and exclusion of the respondent from the residence of the petitioner. minimizing any disruption in the victim's daily life. any of the acts mentioned in Section 5 of this Act. the penalty to be applied shall be the maximum period of penalty prescribed in the section. and if respondent must remove personal effects from the residence. SECTION 8. contacting or otherwise communicating with the petitioner. either temporarily for the purpose of protecting the petitioner. directly or indirectly.000.

the application shall be filed with that court. the following information: (a) names and addresses of petitioner and respondent. (c) a statement of the circumstances of the abuse. That if a family court exists in the place of residence of the petitioner. (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed. (b) description of relationships between petitioner and respondent. (j) Directing the DSWD or any appropriate agency to provide petitioner may need. municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided. An application for a TPO or PPO may be filed in the regional trial court. including. Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.(i) Restitution for actual damages caused by the violence inflicted. preferably those in charge of women and children's desks. property damage. (d) description of the reliefs requested by petitioner as specified in Section 8 herein. signed and verified under oath by the applicant. (e) police officers. (b) parents or guardians of the offended party. Where to Apply for a Protection Order. (g) lawyer. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. (d) officers or social workers of the DSWD or social workers of local government units (LGUs). A standard protection order application form. The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for. written in English with translation to the major local languages. SECTION 11. Who may file Petition for Protection Orders. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. metropolitan trial court. but not limited to. medical expenses. (c) ascendants. (f) request for waiver of application fees until hearing. among other. therapist or healthcare provider of the petitioner. childcare expenses and loss of income. SECTION 10. descendants or collateral relatives within the fourth civil degree of consanguinity or affinity. How to Apply for a Protection Order. counselor. and Page 5 of 36 . municipal trial court. shall be made available to facilitate applications for protections order. or the court from granting a TPO or PPO. – A petition for protection order may be filed by any of the following: (a) the offended party. – The application for a protection order must be in writing. and (k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member. SECTION 9. provided petitioner and any designated family or household member consents to such relief. (f) Punong Barangay or Barangay Kagawad. (e) request for counsel and reasons for such. however. and shall contain.

shall qualify the petitioner to legal representation by the PAO. If the PAO determines that the applicant can afford to hire the services of a counsel de parte. An application for protection order filed with a court shall be considered an application for both a TPO and PPO. However. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. Enforceability of Protection Orders. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. If the Punong Barangay is unavailable to act on the application for a BPO. Temporary Protection Orders. . Immediately after the issuance of an ex parte BPO.Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. Respondents non-appearance despite proper notice. and shall provide a mailing address for purpose of service processing. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5. such as when the same are controlled by the perpetrator.000. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. or direct any barangay official to effect is personal service. When disclosure of the address of the victim will pose danger to her life. or his lack of a lawyer. In such a case. If the applicants is not the victim. a private counsel offering free legal service is not barred from representing the petitioner.000. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO.(g) an attestation that there is no pending application for a protection order in another court. it shall be so stated in the application. the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte. the application shall be acted upon by any available Barangay Kagawad.00) to Fifty Thousand Pesos (P50. SECTION 12.00) and/or imprisonment of six (6) months. The lack of access to family or conjugal resources by the applicant. Barangay Protection Orders (BPOs). SECTION 13. or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. the court shall Page 6 of 36 . – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing. The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention. the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent. the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. Barangay officials and court personnel shall assist applicants in the preparation of the application. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. A court may grant in a TPO any. SECTION 14. SECTION 15. Permanent Protection Orders. Legal Representation of Petitioners for Protection Order. BPOs shall be effective for fifteen (15) days. If the respondents appears without counsel on the date of the hearing on the PPO. it shall facilitate the legal representation of the petitioner by a counsel de parte. the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. Who May Issue and How. SECTION 16. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act. SECTION 22. SECTION 21. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and. In case the respondent fails to appear despite proper notice. The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. if necessary. The court shall ensure immediate personal service of the PPO on respondent. conduct the hearing on the merits of the issuance of a PPO in one (1) day.appoint a lawyer for the respondent and immediately proceed with the hearing. A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment. a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist. Regardless of the conviction or acquittal of the respondent. the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court may grant any. Page 7 of 36 . The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made. SECTION 20. The court shall proceed on the main case and other incidents of the case as soon as possible. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings." SECTION 18. The court shall. suspend other proceedings in order to hear applications for a protection order. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. – The following statement must be printed in bold- faced type or in capital letters on the protection order issued by the Punong Barangay or court: "VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW. or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Priority of Application for a Protection Order. metropolitan trial court. the trial court may motu proprio issue a protection order as it deems necessary without need of an application. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable. Notice of Sanction in Protection Orders. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children. where violence as specified in this Act is alleged. Article 58 of the Family Code shall not apply. SECTION 17. to the extent possible. Applicability of Protection Orders to Criminal Cases. some or all of the reliefs specified in Section 8 hereof in a PPO. without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. Even in a dismissal. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court. Legal Separation Cases. Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court. Violation of Protection Orders. the Court must determine whether or not the PPO shall become final. – In cases of legal separation. SECTION 19. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire.

Public Crime. and b) inform the victim of her/his rights including legal remedies available and procedure. unless the court finds compelling reasons to order otherwise. The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.SECTION 23. SECTION 24. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts. SECTION 27. Duties of Barangay Officials and Law Enforcers. the courts shall be assisted by expert psychiatrists/ psychologists. if for acts punishable under Section 5(g) to 5(I). Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years. with right to support. SECTION 30. Battered Woman Syndrome as a Defense. Prohibited Defense. – Being under the influence of alcohol. (d) assist the victim in removing personal belongs from the house. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Prescriptive Period. and privileges for indigent litigants. Page 8 of 36 . he shall be detained for a period which shall in no case exceed six (6) months. (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime. or any other mind- altering substance shall not be a defense under this Act. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. Custody of children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act: a) communicate with the victim in a language understood by the woman or her child. – Barangay officials and law enforcers shall have the following duties: (a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s. to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. SECTION 29. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother. SECTION 28. any illicit drug. SECTION 26. (e) assist the barangay officials and other government officers and employees who respond to a call for help. Duties of Prosecutors/Court Personnel. SECTION 25. Bond to Keep the Peace. – The woman victim of violence shall be entitled to the custody and support of her child/children. Should the respondent fail to give the bond as required. (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view.

including.000. clinician. observations and circumstances of the examination or visit. civil or administrative liability. but not limited to. therapist or counselor who suspects abuse or has been informed by the victim of violence shall: (a) properly document any of the victim's physical.(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring. education and information campaign and seminars or symposia on the nature. and (h) immediately report the call for assessment or assistance of the DSWD. civil or administrative liability resulting therefrom. (c) automatically provide the victim free of charge a medical certificate concerning the examination or visit. Section 7 of the Family Courts Act of 1997 and Sections 410. Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10. – In addition to their rights under existing laws. causes. emotional or psychological injuries. (b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office. SECTION 32. social Welfare Department of LGUs or accredited non-government organizations (NGOs). SECTION 31. direct. Barangay Kagawad or the court hearing an application for a protection order shall not order. (c) To be entitled to support services form the DSWD and LGUs' (d) To be entitled to all legal remedies and support as provided for under the Family Code. and services available to them. nurse. and (e) provide the victim immediate and adequate notice of rights and remedies provided under this Act. SECTION 34. acting in accordance with law.00) or whenever applicable criminal. force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. SECTION 35. or when he/she has personal knowledge that any act of abuse has just been committed. It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as. Persons Intervening Exempt from Liability. private individual or police authority or barangay official who. (b) properly record any of victim's suspicions. shall not be liable for any criminal. any person. Failure to comply with this Section shall render the official or judge administratively liable. – In every case of violence against women and their children as herein defined. but not limited to. Prohibited Acts. incidence and consequences of such violence particularly towards educating the public on its social impacts. barangay health worker. (d) safeguard the records and make them available to the victim upon request at actual cost. – A Punong Barangay. and there is imminent danger to the life or limb of the victim as defined in this Act. 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act. victims of violence against women and their children shall have the following rights: (a) to be treated with respect and dignity. Healthcare Provider Response to Abuse – Any healthcare provider. Rights of Victims. and Page 9 of 36 . an attending physician. 411. responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim. SECTION 33.

hereinafter known as the Council.(e) To be informed of their rights and the services available to them including their right to apply for a protection order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act. (h) Philippine National Police (PNP). Mandatory Programs and Services for Victims. (c) Civil Service Commission (CSC). The Council will also serve as the monitoring body as regards to VAW initiatives. and LGU's shall provide the victims temporary shelters. (d) Commission on Human rights (CHR) (e) Council for the Welfare of Children (CWC). provide counseling. These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. (j) Department of Education (DepEd). Damages. The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. Exemption from Payment of Docket Fee and Other Expenses. SECTION 36. recovery. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). SECTION 39. In pursuance of the abovementioned policy. Page 10 of 36 . SECTION 40. psycho-social services and /or. SECTION 37. Hold Departure Order. These representatives shall attend Council meetings in their behalf. and (l) National Bureau of Investigation (NBI). – Any victim of violence under this Act shall be entitled to actual. (i) Department of Health (DOH). compensatory. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order. (b) National Commission on the Role of Filipino Women (NCRFW). – The DSWD. moral and exemplary damages. SECTION 38. the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. (g) Department of the Interior and Local Government (DILG). (k) Department of Labor and Employment (DOLE). which shall be composed of the following agencies: (a) Department of Social Welfare and Development (DSWD). and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. there is hereby established an Inter-Agency Council on Violence Against Women and their children. rehabilitation programs and livelihood assistance. (f) Department of Justice (DOJ). The DOH shall provide medical assistance to victims.

000. school. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor. an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination. the Revised Penal Code and other applicable laws. SECTION 45. the offender shall be ordered by the Court to submit to psychiatric treatment or confinement. Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. and three (3) representatives from NGOs to be identified by the NCRFW. and remedies available to. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA). Presidential decrees. SECTION 48. the DOJ. The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children. Confidentiality. the other sections or provisions shall not be affected. Separability Clause. the DSWD. or parts thereof. the NCRFW. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. in any format. Page 11 of 36 . Suppletory Application – For purposes of this Act. and e. the services and facilities available to victims or survivors. Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500. SECTION 46.00). SECTION 47. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. – Within six (6) months from the approval of this Act. d. victims of violence against women and their children. Whoever publishes or causes to be published. – If any section or provision of this Act is held unconstitutional or invalid. b. Implementing Rules and Regulations. shall be liable to the contempt power of the court. the nature. SECTION 44. Repealing Clause – All laws. business address. When necessary. or other identifying information of a victim or an immediate family member. executive orders and rules and regulations. Likewise. the legal duties imposed on police officers to make arrest and to offer protection and assistance. SECTION 49. without the latter's consent. employer. Entitled to Leave. inconsistent with the provisions of this Act are hereby repealed or modified accordingly. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with: a. the DILG. the name. extendible when the necessity arises as specified in the protection order. The PNP. extend and causes of violence against women and their children. telephone number. and the PNP. in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children. shall have suppletory application. shall promulgate the Implementing Rules and Regulations (IRR) of this Act. the DOH. SECTION 43.SECTION 41. c. Counseling and Treatment of Offenders. the legal rights of. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. address. SECTION 42.

REPUBLIC ACT No. 78777877REPUBLIC ACT Page 12 of 36 . Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation. 78777877REPUBLIC ACT No. 7877REPUBLIC ACT No.SECTION 50.

or the refusal to grant the sexual favor results in limiting. hostile or offensive environment for the student. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1.This Act shall be known as the "Anti-Sexual Harassment Act of 1995. to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution. demands. or in granting said individual favorable compensation. allowance or other benefits. Title. (2) The above acts would impair the employee's rights or privileges under existing labor laws. Education or Training -Related. trainee or apprentice. privileges. (a) In a work-related or employment environment. Declaration of Policy. or consideration. educational or training environment or institution. . teacher. or offensive environment for the employee. training. Section 4. education or training- related sexual harassment is committed by an employer. trainor.AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT. or the granting of honors and scholarships. sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment. manager." Section 2. promotions. Section 3. custody or supervision of the offender. employees. settlement or prosecution of acts of sexual harassment. the employer or head of office shall: Page 13 of 36 . Towards this end.The State shall value the dignity of every individual. applicants for employment. (3) When the sexual favor is made a condition to the giving of a passing grade. requests or otherwise requires any sexual favor from the other. all forms of sexual harassment in the employment. enhance the development of its human resources.It shall be the duty of the employer or the head of the work-related.Work. and uphold the dignity of workers. agent of the employer. (b) In an education or training environment. coach. request or requirement for submission is accepted by the object of said Act. or the payment of a stipend. (2) Against one whose education. instruction or education. Duty of the Employer or Head of Office in a Work-related. supervisor. . AND FOR OTHER PURPOSES. apprenticeship or tutorship is entrusted to the offender. re-employment or continued employment of said individual. regardless of whether the demand. Work. guarantee full respect for human rights. or (3) The above acts would result in an intimidating. instructor. having authority. . or privileges. deprive ordiminish employment opportunities or otherwise adversely affect said employee. education or training environment are hereby declared unlawful. hostile. shall also be held liable under this Act. . terms of conditions. influence or moral ascendancy over another in a work or training or education environment. or (4) When the sexual advances result in an intimidating. students or those undergoing training. or who cooperates in the commission thereof by another without which it would not have been committed. Education or Training Environment. employee. Sexual Harassment Defined. Any person who directs or induces another to commit any act of sexual harassment as herein defined. EDUCATION OR TRAINING ENVIRONMENT. segregating or classifying the employee which in any way would discriminate. Towards this end. professor. or any other person who. sexual harassment is committed: (1) Against one who is under the care.

coaches. Effectivity Clause. 1992 Republic Act No. the union. or both such fine and imprisonment at the discretion of the court. or a fine of not less than Ten thousand pesos (P10. the employees from the supervisory rank. The said rules and regulations issued pursuant to this subsection (a) shall include. upon conviction. the committee shall be composed of at least one (1) representative each from the management. trainors. teachers.If any portion or provision of this Act is declared void or unconstitutional. educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees. . Section 5. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. educational or training institution is informed of such acts by the offended party and no immediate action is taken. Section 10. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. education or training environment if the employer or head of office.Nothing in this Act shall preclude the victim of work. In the case of the educational or training institution. . and students or trainees to increase understanding and prevent incidents of sexual harassment. 7438 April 27. the trainors.000) nor more than Twenty thousand pesos (P20. prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. Section 8.The employer or head of office. Liability of the Employer. among others. education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. guidelines on proper decorum in the workplace and educational or training institutions.This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. Section 7. instructors. Head of Office.000). In the case of a work-related environment. Section 9. be penalized by imprisonment of not less than one (1) month nor more than six (6) months. It shall also conduct the investigation of alleged cases constituting sexual harassment. Independent Action for Damages. the committee shall be composed of at least one (1) representative from the administration. as the case may be. Educational or Training Institution. and from the rank and file employees. Republic Act No. Section 6. . The employer or head of office. . if any. instructors. other issuances. through their duly designated representatives. rules and regulations. Separability Clause. professors.All laws. (b) Create a committee on decorum and investigation of cases on sexual harassment. as the case may be. with officers and employees.Any person who violates the provisions of this Act shall. the remaining portions or provisions hereof shall not be affected by such declaration. 1992 April 27. decrees.. educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment. The committee shall conduct meetings. 1992 Page 14 of 36 . 7438 April 27. orders. Penalties. . Repealing Clause. professors or coaches and students or trainees.

upon a valid waiver. otherwise the waiver shall be null and void and of no effect. provided that before such report is signed. The assisting counsel other than the government lawyers shall be entitled to the following fees. elder brothers and sisters. AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. nephew or niece. (d) Any extrajudicial confession made by a person arrested. the municipal judge. Section 2. it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person. Statement of Policy. grandparent or grandchild. detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence. (c) The custodial investigation report shall be reduced to writing by the investigating officer. or under custodial investigation. fiancé or fiancée. who arrests. Duties of Public Officers. and in the presence of any of the parents. DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING. or priest or minister of the gospel as chosen by him. the municipal mayor. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights. preferably of his own choice. his spouse. such investigation report shall be null and void and of no effect whatsoever. such extrajudicial confession shall be inadmissible as evidence in any proceeding. The person's "immediate family" shall include his or her spouse. shall be in writing and signed by such person in the presence of his counsel. Assisting Counsel. uncle or aunt. who shall at all times be allowed to confer privately with the person arrested. brother or sister.AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED. he must be provided with a competent and independent counsel by the investigating officer. As used in this Act. or thumbmarked if the person arrested or detained does not know how to read and write. Page 15 of 36 . DETAINING AND INVESTIGATING OFFICERS. and guardian or ward. those charged with conducting preliminary investigation or those charged with the prosecution of crimes. or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. detained or under custodial investigation. or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. in a language known to and understood by him. otherwise.– (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel. parent or child. If such person cannot afford the services of his own counsel. except those directly affected by the case. – Assisting counsel is any lawyer. without prejudice to the liability of the "inviting" officer for any violation of law. Rights of Persons Arrested. of his rights to remain silent and to have competent and independent counsel. or anyone acting under his order or his place. "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed. Detained or Under Custodial Investigation. (b) Any public officer or employee. otherwise. district school supervisor. detains or investigates any person for the commission of an offense shall inform the latter. (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code. Section 3. (f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family.

(b) The amount of Two hundred fifty pesos (P250. Section 5. from visiting and conferring privately with him. That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.00) if the suspected person is chargeable with light felonies.000. in urgent cases. Approved: April 27.000. No. In the absence of any lawyer. Effectivity. Section 4. who fails to provide a competent and independent counsel to a person arrested. any member of the immediate family of a person arrested. Repealing Clause. or any investigating officer. or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly. presidential decrees. and a fine of four thousand pesos (P4. (a) The amount of One hundred fifty pesos (P150. any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape. who fails to inform any person arrested. (b) Any person who obstructs. 1992. 857. is hereby repealed. of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years.00). or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. The same penalties shall be imposed upon a public officer or employee. or anyone acting upon orders of such investigating officer or in his place. detained or under custodial investigation.00) if the suspected person is chargeable with a capital offense. detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense. no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code. or from ministering to his spiritual needs. or both. The provisions of the above Section notwithstanding. executive orders or rules and regulations. Other laws. the province comprising such municipality or city shall pay the fee: Provided. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines. Penalty Clause. (c) The amount of Three hundred fifty pesos (P350. shall suffer a fine of Six thousand pesos (P6. provided that if the municipality of city cannot pay such fee.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years. The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted. – Republic Act No. Page 16 of 36 . at any hour of the day or. as amended.00) if the suspected person is chargeable with less grave or grave felonies. detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. – (a) Any arresting public officer or employee. or from examining and treating him. Section 6. prevents or prohibits any lawyer.

the consumption of which produces intoxication. Driver’s Education. the one-leg stand. – For purposes of this Act: (a) Alcohol refers to alcoholic beverages classified into beer. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. 10586] [REPUBLIC ACT NO. saliva. add to or remove from the list of dangerous drugs. the State shall penalize the acts of driving under the influence of alcohol. otherwise known as the “Comprehensive Dangerous Drugs Act of 2002” and those that the Board may reclassify. but not limited to. (e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration level has. (c) Chemical tests refer to breath. as established jointly by the Department of Health (DOH). 10586] [REPUBLIC ACT NO.REPUBLIC ACT NO. (d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs. (h) Motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power. SEC. Declaration of Policy. (f) Driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while the driver. and the penalties attached for violation thereof. after being subjected to a confirmatory test as mandated under Republic Act No. the NAPOLCOM and the DOTC. – This Act shall be known as the “Anti-Drunk and Drugged Driving Act of 2013”. (g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication. and in the schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment which is an integral part of Republic Act No. 10586] [REPUBLIC ACT AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL. SEC. the National Police Commission (NAPOLCOM) and the Department of Transportation and Communications (DOTC). – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including. (b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration level of a person through testing of his breath. such as the horizontal gaze nystagmus. dangerous drugs and/or other similar substances. as amended by the 1972 Protocol. Page 17 of 36 . (i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport materials which may endanger health and lives of the public. urine or blood tests to determine the blood alcohol concentration level and/or positive indication of dangerous drugs and similar substances in a person’s body. 2. the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle. is found to be positive for use of any dangerous drug. the hazards of driving under the influence of alcohol. dangerous drugs and other intoxicating substances and shall inculcate the standards of safe driving and the benefits that may be derived from it through institutional programs and appropriate public information strategies. after being subjected to a breath analyzer test. and other similar tests as determined jointly by the DOH. (j) Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods. wine and distilled spirits. reached the level of intoxication. – Pursuant to the Constitutional principle that recognizes the protection of life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of democracy. Towards this end. the walk-and-turn. Definition of Terms. Short Title. AND SIMILAR SUBSTANCES. it is hereby declared the policy of the State to ensure road safety through the observance of the citizenry of responsible and ethical driving standards. 9165. 3. 9165. DANGEROUS DRUGS. 4. SEC.

a drug confirmatory test as mandated under Republic Act No. SEC. the LTO shall utilize the Special Road Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. Page 18 of 36 . SEC. it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument. in addition to other penalties provided herein and/or other pertinent laws. lane straddling. Additional yearly appropriations for the purchase of breath analyzers and drug-testing kits shall be provided annually under the General Appropriations Act. Deputation. SEC. 11. – The LTO may deputize traffic enforcement officers of the PNP. 7. 8. poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances. If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances. it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and. 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license. 9. If the driver fails in the sobriety tests. – A law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol. Law Enforcement Officer Education. dangerous drugs and/or other similar substances. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests. SEC. 6. entitled: “An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other Purposes”. including overspeeding. For purposes of acquiring these equipment and for the training seminars indicated in Section 10 hereof. the LTO shall publish the guidelines and procedures for the proper conduct of field sobriety tests. shall conduct field sobriety tests. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. swerving. – The LTO and the PNP shall conduct training seminars for their law enforcers and deputies with regard to the proper conduct of field sobriety tests and breath analyzer tests every year. to determine the presence and/or concentration of alcohol. Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section. 8794. a drug confirmatory test as mandated under Republic Act No. if necessary. 9165. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6. Within four (4) months from the effectivity of this Act. 10. which guidelines shall be made available to the public and made available for download through the official LTO website. Conduct of Field Sobriety. 9165. every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated. 5. – Within four (4) months from the effectivity of this Act. Punishable Act. Chemical and Confirmatory Tests. the Metropolitan Manila Development Authority (MMDA) and cities and municipalities in order to enforce the provisions of this Act. sudden stops. Refusal to Subject Oneself to Mandatory Tests. weaving. Acquisition of Equipment. including a drug screening test and. SEC.For professional drivers. if necessary. dangerous drugs and/or other similar substances by apparent indications and manifestations. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol. SEC. the Land Transportation Office (LTO) and the Philippine National Police (PNP) shall acquire sufficient breath analyzers and drug-testing kits to be utilized by law enforcement officers and deputized local traffic enforcement officers nationwide giving priority to areas with high reported occurrences of accidents. dangerous drugs and/or similar substances in the bloodstream or body. The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act. SEC.

taxi cabs. Separability Clause. and a fine ranging from One hundred thousand pesos (Php100. whenever applicable.00) shall be imposed. 12. school and company buses.000. for any reason. Implementing Rules and Regulations. hotel transports. – The LTO shall.000. as provided for under Section 5 of this Act.00) to Eighty thousand pesos (Php80. such declaration shall not affect the other provisions of this Act. Republic Act No. – The owner and/or operator of the vehicle driven by the offender shall be directly and principally held liable together with the offender for the fine and the award against the offender for civil damages unless he or she is able to convincingly prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular. Page 19 of 36 .00) shall be imposed. This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans.00) to Five hundred thousand pesos (Php500. the DOH and the NAPOLCOM shall. and (d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. and the like.SEC. The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of the Revised Penal Code.000. – A driver found to have been driving a motor vehicle while under the influence of alcohol. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter. SEC. SEC. SEC. – The DOTC. subject to the approval of the Secretary of the DOTC. 15. the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three hundred thousand pesos (Php300. shall be penalized as follows: (a) If the violation of Section 5 did not result in physical injuries or homicide. dangerous drugs and/or other similar substances. education and communication (IEC) campaign for the attainment of the objectives of this Act. and a fine ranging from Twenty thousand pesos (Php20. Penalties. 18. 16. within three (3) months from the effectivity of this Act. cars or vans for rent. Nationwide Random Terminal Inspection and Quick Random Drug Tests. The professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. shall conduct information. Review of Penalties. – If. the penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding subparagraph. Nationwide Information Campaign. jointly promulgate the necessary implementing rules and regulations to carry out the provisions of this Act. 13. Direct Liability of Operator and/or Owner of the Offending Vehicle.000. whichever is higher. the penalty of three (3) months imprisonment. after five (5) years from the effectivity of this Act and every five (5) years thereafter. – Within one (1) month from the promulgation of the implementing rules and regulations as provided under Section 17 hereof. cargo trucks. 14. the local government units (LGUs) and other concerned agencies. review the applicability and enforcement of all foregoing pecuniary penalties and shall initiate amendment and/or upgrade the same as may be necessary.00) shall be imposed. in coordination with the LTO. any part or provision of this Act is declared invalid. SEC.000. SEC.000. 17. the Philippine Information Agency (PIA). The cost of such tests shall be defrayed by the LTO. SEC. (b) If the violation of Section 5 resulted in physical injuries. (c) If the violation of Section 5 resulted in homicide. 9165 and other special laws and existing local ordinances. – The LTO shall conduct random terminal inspections and quick random drug tests of public utility drivers.00) to Two hundred thousand pesos (Php200. container trucks.

Section 56. Repealing Clause. orders. 9165. Section 36 of Republic Act No. rules and regulations or parts thereof which are inconsistent with any provision of this Act are hereby repealed or modified accordingly. subparagraph (f). 20. otherwise known as the “Land Transportation and Traffic Code”. Article 1 of Republic Act No. Providing Funds Therefor and for Other Purposes. Defining its Powers and Functions. circulars. Effectivity.SEC.” subparagraph (a). – Subparagraph (f). Section 5 of Republic Act No. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) national newspapers of general circulation. 7924. and all other laws. SEC. as amended. 19. Page 20 of 36 . otherwise known as “An Act Creating the Metropolitan Manila Development Authority. issuances. 4136.

cashier. the following terms shall mean: a) Illegal Numbers Game. table manager. Hence. . serving as a form of local lottery where bets are placed and accepted per combination. Sec. Towards this end. runner.It is the policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services.An illegal numbers game where the winning combination is derived from the results of the last game of Jai Alai or the Special Llave portion or any result thereof based on any fictitious Jai Alai game consisting of ten (10) players pitted against one another. a rising standard of living. 1602. "Coriador" or variants thereof). AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. other than the personnel or staff of any illegal numbers game operation. checker. promote full employment. f) Personnel or Staff of Illegal Numbers Game Operation. and an improved quality of life for all. solicits or produces bets in behalf of his/her principal for any illegal numbers game who is usually in possession of gambling paraphernalia. i) Maintainer. controller or supervisor. but not limited to. Declaration of Policy.Any person who places bets for himself/herself or in behalf of another person. 9287 April 2. .Any person who collects. usher. . Page 21 of 36 . perseverance and thrift since instant monetary gains from it are being equated to success. the State hereby condemns the existence of illegal gambling activities such as illegal numbers games as this has become an influential factor in an individual's disregard for the value of dignified work. or any other place where an illegal numbers game is operated or conducted. . such as. 2004 Republic Act NoAS AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES. . watcher. and its variants. thereby becoming a widespread social menace and a source of corruption. g) Collector or Agent ("Cabo". and its variants.An illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37) or the combination of thirty-eight (38) numbers in some areas.Republic Act No. h) Coordinator. . manages or operates any illegal number game in a specific area from whom the coordinator. vessel. c) Masiao. j) Financiers or Capitalist.An illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the winning Sweepstakes ticket which comes out during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO).Any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. the State shall therefore adopt more stringent measures to stop and eradicate the existence of illegal numbers games in any part of the country. d) Last Two. . . . .Any person who finances the operations of any illegal numbers game. an accountant. "Tayador" or variants thereof). or any other personnel performing such similar functions in a building structure. manager or operator. who acts in the interest of the maintainer.Any person who maintains. . and collector or agent take orders. "Cobrador". Controller or Supervisor ("Encargado" or variants thereof). 9287 April 2. . 2. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. vehicle. guard.Any person who exercises control and supervision over the collector or agent. Manager or Operator. b) Jueteng. Definition of Terms. and its variants.Any person. It is likewise the policy of the State that the promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. 2004 Republic Act No. e) Bettor ("Mananaya". or any person.As used in this Act.

controller. Page 22 of 36 .000. guardian or person exercising moral authority or ascendancy over a minor.00) to Four hundred thousand pesos (P400. and f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years.a) If the collector. having knowledge of the existence of the operation of any illegal numbers game in his/her jurisdiction. supervisor. Recidivism. . c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years. Sec. the accessory penalty of perpetual disqualification from public office shall be imposed upon any local government official who. . Possession of Gambling Paraphernalia or Materials. the parent. 3. Sec. as the case may be.00) to Five million pesos (P5. Upon conviction.00) shall be imposed upon any parent.The penalty of imprisonment from six (6) months and one (1) day to one (1) year or fine ranging from One hundred thousand pesos (P100. In addition to the penalty provided in the immediately preceding section.k) Protector or Coddler. ward or incapacitated person to commit any of the offenses punishable in this Act. Sec. g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years. if such person acts as a bettor. Liability of Parents/Guardians. or receives benefits in any manner in the operation of any illegal numbers game. b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years. controller or supervisor.The penalty next higher in degree as provided for under Section 3 hereof shall be imposed upon a recidivist who commits any of the offenses punishable in this Act. ward or incapacitated person shall be deprived of his/her authority over such person in addition to the penalty imposed. 4. agent.000. if such person acts as a collector or agent. who induces or causes such minor. Punishable Acts.00) and perpetual absolute disqualification from public office.000. house. Sec.The possession of any gambling paraphernalia and other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense covered by this Act. whether elected or appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three million pesos (P3. . fails to abate or to take action. operator. The same penalty shall likewise be imposed to any person who allows his vehicle.Any person who participates in any illegal numbers game shall suffer the following penalties: a) The penalty of imprisonment from thirty (30) days to ninety (90) days. or tolerates the same in connection therewith. financier or capitalist of any illegal numbers game is a government employee and/or public official. e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years. guardian or person exercising moral authority or ascendancy over the minor.000. Liability of Government Employees and/or Public Officials.Any person who lends or provides protection. manager or operator. if such person acts as protector or coddler. maintainer. if such person acts as a maintainer. to be imposed by the appropriate authority. d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years.000. and not otherwise falling under any of the foregoing subsections. if such person acts as a coordinator. b) In the case of failure to apprehend perpetrators of any illegal numbers game. ward or incapacitated person. 6. if such person acts as a financier or capitalist. 7. Sec. . .000. building or land to be used in the operation of the illegal numbers games. any law enforcer shall suffer an administrative penalty of suspension or dismissal. manager. . coordinator. 5. if such person acts as a personnel or staff of an illegal numbers game operation.

group or circumstance is declared invalid or unconstitutional. in so far as they are inconsistent herewith. Immunity from Prosecution. 9. no property or income used or derived therefrom which may be confiscated and forfeited shall be disposed. Sec. 8.Any person who.If for any reason any section or provision of this Act. rules and regulations inconsistent with this Act are hereby repealed. as may be necessary to ensure the efficient and effective implementation of the provisions of this Act. The DILG. 16. Upon conviction. Page 23 of 36 . 14. . or who voluntarily or by virtue of a subpoena testificandum or duces tecum. The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on Criminal Procedure. .This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. are hereby expressly amended or modified accordingly. 4. 11. DOJ. all proceeds. Sec. the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for law enforcement officers and for local government official for the effective implementation of this Act. provision or portion thereof to any person.The pertinent provisions of Presidential Decree No. . All assets and properties of the accused either owned or held by him/her in his/her name or in the name of another person found to be manifestly out of proportion to his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall likewise be confiscated and forfeited in favor of the State.Within sixty (60) days from the effectivity of this Act.Any person who serves as a witness for the government or provides evidence in a criminal case involving any violation of this Act. 15. amended or modified accordingly. . Sec. executive orders. Informer's Reward. .Any person may be charged with or convicted of the offenses covered by this Act without prejudice to the prosecution of any act or acts penalized under the Revised Penal Code or existing laws. Judgment and Forfeiture of Property. 1602. No. 6981. 10. 12. . Amendatory Clause. NAPOLCOM. During the pendency of the case. Sec. Sec. which shall be determined through a policy guideline promulgated by the Department of Justice (DOJ) in coordination with the Department of Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM). decrees. 13. the remaining provisions of this Act shall not be affected by such declaration and shall remain in force and effect. necessary for the investigation or prosecution of individuals committing any of the offenses under Sections 3. alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. Sec.The provisions of other laws. or any portion thereof. identifies. 1732. Implementing Rules and Regulations. Prosecution.Any person who provides material information. 5 and 6 herein shall be placed under the Witness Protection Program pursuant to Republic Act. . Separability Clause. Effectivity. . or gives testimony shall be immune from any criminal prosecution. Sec. or the application of such section. produces. Sec.Sec. whether testimonial or documentary. otherwise known as Decree Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court. the DILG. subject to the compliance with the provisions of Presidential Decree No. . and other concerned government agencies shall jointly promulgate the implementing rules and regulations. may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the government. Repealing Clause. gambling paraphernalia and other instruments of the crime including any real or personal property used in any illegal numbers game operation shall be confiscated and forfeited in favor of the State. Witness Protection. having knowledge or information of any offense committed under this Act and who shall disclose the same which may lead to the arrest and final conviction of the offender.

where torture may be carried out with impunity.This Ad shall be known as the "Anti-Torture Act of 2009". 9745 REPUBLIC ACT N0. police or any law enforcement agency of the government. which attains a level of severity causing suffering. or for any reason based on discrimination of any kind. Acts of Torture. or other cruel. punishing him/her for an act he/she or a third person has committed or is suspected of having committed. inhuman and degrading treatment or punishment.For purposes of this Act. inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. inflicted by a person in authority or agent of a person in authority against a person under his/her custody. and (d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987 Philippine Constitution. listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as legitimate targets as combatants that it could deal with. (d) "Order of Battle" refers to any document or determination made by the military. Section 2. inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture. and all other relevant international human rights instruments to which the Philippines is a signatory. various international instruments to which the Philippines is a State party such as. Inhuman or Degrading Treatment or Punishment (CAT). Short Title. psychological or mental harm. but not limited to. exhaustion. violence. including suspects. the International Covenant on Civil and Political Rights (ICCPR). threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans or degrades human dignity. (b) To ensure that the human rights of all persons. Definitions. Statement of Policy. whether physical or mental. are prohibited. through the use of means allowed by domestic and international law. (c) "Victim" refers to the person subjected to torture or other cruel. incommunicado or other similar forms of detention. but not be limited to. the Convention on the Rights of the Child (CRC). or intimidating or coercing him/her or a third person. detainees and prisoners are respected at all times. disability or dysfunction of one or more parts of the body. It does not include pain or Buffering arising only from. 9745 REPUBLIC ACT N0. (b) "Other cruel. inherent in or incidental to lawful sanctions. gross humiliation or debasement to the latter. the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain. (c) To ensure that secret detention places. torture shall include. the following terms shall mean: (a) "Torture" refers to an act by which severe pain or suffering. . solitary. and that no person placed under investigation or held in custody of any person in authority or. .It is hereby declared the policy of the State: (a) To value the dignity of every human person and guarantee full respect for human rights. 9745 REPUBLIC ACT N0. Section 3. is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession. agent of a person authority shall be subjected to physical. force. 9745A AN ACT PENALIZING TORTURE AND OTHER CRUEL. such as: Page 24 of 36 . when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. Section 4. . the Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel. INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1.For purposes of this Act. .REPUBLIC ACT N0.

(8) Causing the torture sessions to be witnessed by the person's family. ear. etc. such as: (1) Blindfolding. Page 25 of 36 . (4) Cigarette burning. including the insertion of foreign objects into the sex organ or rectum. tongue. (7) Rape and sexual abuse. such as: (i) The administration or drugs to induce confession and/or reduce mental competency. vomit and/or blood until the brink of suffocation. kicking. (5) Preparing a prisoner for a "show trial". (6) Being tied or forced to assume fixed and stressful bodily position. or acids or spices directly on the wound(s). execution or other wrongful acts.. and (14) Other analogous acts of physical torture. acid.(1) Systematic beating. (5) The submersion of the head in water or water polluted with excrement. (8) Mutilation or amputation of the essential parts of the body such as the genitalia. (4) Prolonged interrogation. hot oil. relatives or any third party. (9) Denial of sleep/rest. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. (9) Dental torture or the forced extraction of the teeth. urine. by the rubbing of pepper or other chemical substances on mucous membranes. or electrical torture of the genitals. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. (3) Electric shock. headbanging. burning by electrically heated rods. memory. striking with truncheon or rifle butt or other similar objects. punching. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. animal or human excreta and other stuff or substances not normally eaten. (2) Food deprivation or forcible feeding with spoiled food. alertness or will of a person. (3) Confinement in solitary cells or secret detention places. (7) Maltreating a member/s of a person's family. (10) Pulling out of fingernails. creating the belief that he/she shall be summarily executed. (2) Threatening a person(s) or his/fher relative(s) with bodily harm. (13) The use of psychoactive drugs to change the perception. (11) Harmful exposure to the elements such as sunlight and extreme cold. and jumping on the stomach. public display or public humiliation of a detainee or prisoner.

Section 6. and (12) Other analogous acts of mental/psychological torture. inhuman and degrading treatment or punishment. An appeal whenever available shall be resolved within the same period prescribed herein. Page 26 of 36 . This list shall be made available to the public at all times. its physical and mental effects and.(10) Shame infliction such as stripping the person naked. Are hereby prohibited. Applicability of the Exclusionary Rule. the Public Attorney's Office (PAO). updated in the same manner provided above. by the same agencies. In which case. Section 7. age and state of health of the victim. the State through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons involved in the investigation and prosecution such as. names. agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as. Section 5. in some cases. A state of war or a threat of war. and shall make the same available to the public at all times at their respective regional headquarters. (b) To have sufficient government protection against all forms of harassment. Prohibited Detention. inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. the National Bureau of Investigation (NBI) and the AFP. Freedom from Torture and Other Cruel. to the respective regional offices of the CHR. among others. . religion. with a copy of the complete list available at the respective national headquarters of the PNP and AFP. threat and/or intimidation as a consequence of the filing of said complaint or the presentation of evidence therefor. A prompt investigation shall mean a maximum period of sixty (60) working days from the time a complaint for torture is filed within which an investigation report and/or resolution shall be completed and made available.A victim of torture shall have the following rights in the institution of a criminal complaint for torture: (a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the Department of Justice (DOJ). Other Cruel. and (c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid further trauma. . and the crime or offense committed.Any confession. inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act.Secret detention places. which attains a level of severity sufficient to cause suffering. solitary confinement. within the first five (5) days of every month at the minimum. the Armed Forces of the Philippines (AFP) and other law enforcement. Inhuman and Degrading Treatment or Punishment. . or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture and other cruel.Torture and other cruel. or any other public emergency. witnesses and relatives. Exception. An Absolute Bight. The assessment of the level of severity shall depend on all the circumstances of the case. In which case. A copy of the complete list shall likewise be submitted by the PNP. parading him/her in public places. incommunicado or other similar forms of detention. . such list to be periodically updated. AFP and all other law enforcement agencies to the Commission on Human Rights (CHR). . gross humiliation or debasement to the latter. Institutional Protection of Torture Victims and Other Persons Involved.Other cruel. where torture may be carried out with impunity. and submit a copy. the Philippine National Police (PNP). Inhuman and Degrading Treatment or Punishment. admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings. internal political instability. the sex. AFP and other law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas. including the duration of the treatment or punishment. the PNP. except if the same is used as evidence against a person or persons accused of committing torture. Section 8. inflicted by a person in authority or agent of a person in authority against another person in custody. date of arrest and incarceration. shaving the victim's head or putting marks on his/her body against his/her will. Every regional office of the PNP. his/her lawyer. but not limited to. Section 9.

disease and/or trauma was/were sustained. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. shall have the right to immediate access to proper and adequate medical treatment. Following applicable protocol agreed upon by agencies tasked to conduct physical. date and nature of treatment necessary. (e) The approximate time and date when the injury. (f) The place where the injury. which shall include in detail his/her medical history and findings. The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).A writ of habeas corpus or writ of amparo or writ of habeas data proceeding. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. every person arrested. Medical and Psychological Examination. Any person who does not wish to avail of the rights under this pr<. If the person arrested is a female. he/she shall he provided by the State with a competent and independent doctor to conduct physical examination.Before and after interrogation. Furthermore. any person arrested. including his/her immediate family. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. pain and disease and/or trauma. duly signed by the attending physician. . The physical examination and/or psychological evaluation of the victim shall be contained in a medical report. or other appropriate order of a court relative thereto. executed in the presence and assistance of his/her counsel. and which shall he attached to the custodial investigation report. and/or medical treatment. (c) The name and address of the person who brought the patient or victim for physical. include: (a) The name. degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof. (g) The time. or negligence Page 27 of 36 . among others. or for any interested party thereto. Such report shall be considered a public document.Any person who actually participated Or induced another in the commission of torture or other cruel. If such person cannot afford the services of his/her own doctor. Disposition of Writs of Habeas Corpus. disease and/or trauma was/were sustained. psychological and mental examinations. Amparo and Habeas Data Proceedings and Compliance with a Judicial 07'der. if any. age and address of the patient or victim. she shall be attended to preferably by a female doctor. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. pain. Section 12.The CHR and the PAO shall render legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel. the medical reports shall. The State shall endeavor to provide the victim with psychological evaluation if available under the circumstances. Assistance in Filing a Complaint.lvision may knowingly and voluntarily waive such rights in writing. detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. (b) The name and address of the nearest kin of the patient or victim. psychological and mental examination. (d) The nature and probable cause of the patient or victim's injury. and (h) The diagnosis. Section 11. inhuman and degrading treatment or punishment. Section 13. Who are Criminally Liable. filed on behalf of the victim of torture or other cruel. pain.Section 10. . . Right to' Physical. shall be executed or complied with immediately. detained or under custodial investigation. the prognosis and/or disposition of the patient. .

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. the victim shall have been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days. the commission thereof by his/her subordinates. complete or partial amnesia. concealing or assisting m the escape of the principal/s in the act of torture or other cruel. fear of becoming insane or suicidal tendencies of the victim due to guilt. (e) The penalty of prision mayor in its minimum and medium periods shall be imposed if. (c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in psychological. the victim shall have lost the power of speech or the power to hear or to smell. inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery.committed by him/her that shall have led. and (5) Torture committed against children. despite such knowledge. an arm or a leg. impotent. inhuman and degrading treatment or punishment. mental and emotional harm other than those described 1n paragraph (b) of this section. did not take preventive or corrective action either before. (2) Torture resulting in mutilation. in consequence of torture. inhuman and degrading treatment or punishment: Provided. owing to the circumstances at the time.(a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts: (1) Torture resulting in the death of any person. (4) Torture with other forms of sexual abuse and. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel. Page 28 of 36 . . Penalties. should have known that acts of torture or other cruel. during or immediately after its commission. or shall have lost an eye. in consequence of torture. whether deliberately or due to negligence shall also be liable as principals. or shall have lost the use of any such member. or shall have lost the use thereof. assisted. the victim shall have become insane. in consequence of torture. (b) By concealing the act of torture or other cruel. (b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in insanity. the victim shall have become deformed or shall have lost any part of his/her body other than those aforecited. ' (d) The penalty of prision mayor in its medium and maximum periods shall be imposed if. imbecile. inhuman and degrading treatment or punishment shall be committed. (3) Torture with rape. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. or shall have been ill or incapacitated for labor for a period of more than ninety (90) days. a foot. is being committed. (f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed if. either as principal or accomplice. worthlessness or shame. inhuman and degrading treatment or punishment is being committed and without having participated therein. Or shall have become permanently incapacitated for labor. blind or maimed for life. That the accessory acts are done with the abuse of the official's public functions. or(c) By harboring. a hand. Section 14. in consequence of torture. when he/she has the authority to prevent or investigate allegations of torture or other cruel. whether directly or indirectly. If he/she has knowledge of or. abetted or allowed. or has been committed by his/her subordinates or by others within his/her area of responsibility and.

. medical personnel.Within one (1) year from the effectivity of this Act. the Department of the Interior and Local Government (DILG) and such other concerned parties in both the public and private sectors shall ensure that education and information regarding prohibition against torture and other cruel. Education and Information Campaign. Section 18. . in consequence of torture. pursuant to Section 7 of this Act. (h) The penalty of arresto mayor shall be imposed for acts constituting cruel.Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence. . the DOJ and the Department of Health (DOH) and such other concerned government agencies. inhuman and degrading treatment or punishment shall be fully included in the training of law enforcement personnel. the Department of Social Welfare and Development (DSWD). social. with the following as members: the Chairperson of the Senate Committee on Justice and Human Rights. . mental. Formulation of a Rehabilitation Program. and the Minority Leaders of both houses or their respective representatives in the minority. Torture as a Separate and Independent Crime.An Oversight Committee is hereby created to periodically oversee the implementation of this Act. Section 20. the PNP and other law enforcement agencies for failure to perform his/her duty to maintain.In order not to depreciate the crime of torture. where applicable and not limited to. shall take into account all relevant considerations including. . The DSWD. or as a means in the conduct or commission thereof.The CHR. a parallel rehabilitation program for persons who have committed torture and other cruel. Exclusion from the Coverage of Special Amnesty Law. Monitoring of Compliance with this Act. For the purposes of determining whether such grounds exist. Section 15. psychological healing and development of victims of torture and their families.Any person who has suffered torture shall have the right to claim for compensation as provided for under Republic Act No. Compensation to Victims of Torture. returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to torture. the victim shall have been ill or incapacitated for labor for thirty (30) days or less. . in coordination with the Chairperson of the CHR. In which case. Section 21. and human rights organizations shall formulate a comprehensive rehabilitation program for victims of torture and their families.(g) The penalty of prision correccional in its minimum and medium period shall be imposed if. Toward the attainment of restorative justice. civil or military.No person shall be expelled. Section 16. the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by the government to actively participate in the formulation of such program that shall provide for the physical. That in no case shall compensation be any lower than Ten thousand pesos (P10. the existence in the requesting State of a consistent pattern of gross. inhuman or degrading treatment or punishment as defined in Section 5 of this Act. operate and maintain secret detention places and/or effect or cause to effect solitary confinement. 7309: Provided. the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ.00). . (i) The penalty of prision correccional shall be imposed upon those who establish. (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP. incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity. submit or make available to the public an updated list of detention centers and facilities with the corresponding data on the prisoners or detainees incarcerated or detained therein. the Department of National Defense (DND). torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws. Applicability of Refouler. Section 17. inhuman and degrading punishment shall likewise be formulated by the same agencies. public officials and other persons who may Page 29 of 36 . Victims of torture shall also have the right to claim for compensation from such other financial relief programs that may be made available to him/her under existing law and rules and regulations. Section 19. the DOJ.000. flagrant or mass violations of human rights. persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions. The Committee shall be headed by a Commissioner of the CRR. the respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights.

If any provision of this Act is declared invalid or unconstitutional.be involved in the custody. Implementing Rules and Regulations. Effectivity. Applicability of the Revised Penal Code. . Section 23. Appropriations.This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. detention or imprisonment. They shall also ensure the full dissemination of such rules and regulations to all officers and members of various law enforcement agencies. the other provisions not affected thereby shall continue to be in full force and effect. Moreover.The amount of Five million pesos (Php5. Section 22. Page 30 of 36 .00) is hereby appropriated to the CHR for the initial implementation of tills Act. secondary and tertiary level academic institutions nationwide. decrees. such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. . Separability Clause. if the commission of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting torture and other cruel. shall promulgate the rules and regulations for the effective implementation of tills Act.All laws.000.000. Repealing Clause. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the integration of human rights education courses in all primary. inhuman and degrading treatment or punishment as defined herein. Section 26. interrogation or treatment of any individual subjected to any form of arrest. Section 25. .The DOJ and the CHR. . . Section 24. Thereafter.The provisions of the Revised Penal Code insofar as they are applicable shall be suppletory to this Act. executive orders or rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. the penalty to be imposed shall be in its maximum period. . Section 27. with the active participation of human rights nongovernmental organizations.

8049 REPUBLIC ACT No. imbecile. 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. 7. an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. SORORITIES. The penalty of reclusion temporal in its medium period (14 years. impotent or blind. and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. Section 3. sodomy or mutilation results there from. Hazing. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization.REPUBLIC ACT No. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. Philippine National Police. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit. as used in this Act. The physical. a hand. 8049 REPUBLIC ACT No. 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane. neophyte or applicant. mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff. 6. No hazing or initiation rites in any form or manner by a fraternity. the officers and members of the fraternity. The person or persons who participated in the hazing shall suffer: 1. is an initiation rite or practice as a prerequisite for admission into membership in a fraternity. sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. rape. The penalty of reclusion temporal in its maximum period (17 years. or that the injury sustained shall require medical assistance for the same period. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof. 804912 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more. AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR Section 1. shall include the names of those to be subjected to such activities. as the case may be. 3. Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. a foot. 8049 REPUBLIC ACT No. Section 4. The term "organization" shall include any club or the Armed Forces of the Philippines. or shall have lost an eye. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. Section 2. to be present during the initiation. The penalty of reclusion perpetua (life imprisonment) if death. foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. silly. 4. Philippine Military Academy. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days. sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. 5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. mental and psychological testing and training procedure and practices to determine and enhance the physical. 2. or shall have lost the use thereof. sorority or organization by placing the recruit. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in Page 31 of 36 .

when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. former officers. the other parts or provisions thereof shall remain valid and effective. orders. group. or alumni of the organization. violence. The owner of the place where hazing is conducted shall be liable as an accomplice. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national newspapers of general circulation. This section shall apply to the president. threat or intimidation. All laws. to the proper school authorities. or to the police authorities. (d) when the hazing is committed outside of the school or institution. but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. which he was habitually engaged from one (1) to nine (9) days. group. threat. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. Section 5. is prevented from quitting. The penalty of prison correccional in its maximum period (4 years. intimidation or deceit on the person of the recruit who refuses to join. fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. The officers. manager. or that the injury sustained shall require medical assistance for the same period. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. or (e) when the victim is below twelve (12) years of age at the time of the hazing. 8. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. Section 7. If the hazing is held in the home of one of the officers or members of the fraternity. 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. rules or regulations which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly. Section 6. (b) when the recruit. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. violence. through force. the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The responsible officials of the school or of the police. military or citizen's army training organization. If any provision or part of this Act is declared invalid or unconstitutional. Page 32 of 36 . (c) when the recruit. or organization. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians.

and other aluminum compounds. (3) "Corrosive" is any substance or material. That if the violation is committed by a juridical person. 2. Section 6. AND FOR OTHER PURPOSES. It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. either solid or liquid. Whenever he has fired upon the pilot. which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. or caused. except bullets for firearm. allytrichlorosilane. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry. either liquid. cooperated or participated in the violation thereof: Provided. which through chemical reaction wears away. bromoacetone and other similar substances or materials. impairs or consumes any object. Section 2. serious physical injuries or rape. cartridges and other explosive materials. corrosive or poisonous substance or material. It shall be unlawful for any person. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft. An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. allene.121111 AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION. and explosive. injuries or impairs a living organism or person. ammonium chlorate and other ammonium mixtures and other similar substances or materials. directed. Whenever the crime is accompanied by murder. Section 5. arsine. aniline oil. Section 4. member of the crew or passenger of the aircraft. either liquid. The penalty of imprisonment of fifteen years to death. blasting caps. and shall include but not limited to allyl isothiocyanate. That in case the violation is committed Page 33 of 36 . or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos.REPUBLIC ACT No. ammunition (chemical. black powders. aluminum dyethyl monochloride. mixture or single compound. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty thousand pesos: Provided. 6235 REPUBLIC ACT No. which through chemical reactions kills. the penalty shall be imposed upon the manager. 6235 REPUBLIC ACT No. or a fine of not less than twenty-five thousand pesos but not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the following circumstances: 1. Any person violating any provision of the foregoing section shall be punished by an imprisonment of not less than twelve years but not more than twenty years. director. agent or employee who violated. except medicinal drug. The term shall include but not limited to dynamites. Section 3. 6235 REPUBLIC ACT No. to ship. firecrackers. (2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolein. B or poison). natural or juridical. solid or gaseous. Section 1. or to seize or usurp the control thereof. As used in this Act (1) "Explosive" shall mean any substance. load or carry in any passenger aircraft operating as a public utility within the Philippines. ammonium dinitro-orthocresolate and other similar materials and substances. bursters. percussions. (4) "Poisonous" is any substance or materials. bromobenzyle cyanide. The shipping. homicide. non-explosive but containing Class A. representative. or 3. It shall include but not limited to alkaline battery fluid packed with empty storage battery. while it is in flight. loading or carrying of any substance or material mentioned in the preceding section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations issued by the Civil Aeronautics Administration. solid or gaseous. further. flammable. allyl chloroformate.

1971 Page 34 of 36 . Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper. Section 9. Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided in the next preceding paragraph. Such regulations shall take effect fifteen days after publication in the Official Gazette. For any death or injury to persons or damage to property resulting from a violation of Sections three and four hereof. Holder refusing to be searched shall not be allowed to board the aircraft. Section 7. Section 10. Section 11. representative or director responsible for such violation and in addition thereto. and seizure of. That if the owner. the license of said corporation to do business in the Philippines shall be revoked. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for. or his authorized representatives if present. manager." which shall constitute a part of the contract between the passenger and the air carrier. in order to help the authorities in the enforcement of the provisions of this Act: Provided. Approved: June 19.in the interest of a foreign corporation legally doing business in the Philippines. shipper or his representative refuses to have the same opened and inspected. the airline or air carrier is authorized to refuse the loading thereof. This Act shall take effect after the publication mentioned in the preceding section. the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal Code. Section 8. prohibited materials or substances. the penalty shall be imposed upon its resident agent. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the approval of this Act such regulations as are provided in Section four hereof and cause the publication of such rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks.

as well as in fresh meat. The permit shall only be valid in such province. partnership. association. dated September 21. 1974 PRESIDENTIAL DECREE No. except insofar as they may be inconsistent with the provisions of this Decree. I. FERDINAND E. MARCOS. thus increasing our source of meat and dairy products as well as agricultural production and allied industries which depend on the cattle raising industry. or meat. commonly known as "cattle rustling". Section 6. NOW. All public officials and employees concerned with the registration of large cattle are required to observe strict adherence with pertinent provisions of Chapter 22. No person. Section 4. the Provincial Commander shall require the submission of the certificate of ownership as prescribed in Section 3 hereof. 1972 and No. association. partnership. carabao. employee or tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of such large cattle. before the large cattle belonging to him shall attain the age of six months. Duty of owner/raiser to register. register the same with the office of the city/municipal treasurer where such large cattle are raised. of the Revised Administrative Code. or whether committed with or without violence against or intimidation of any person or force upon things. caretaker. especially in the rural areas. or other domesticated member of the bovine family. Before issuance of the permit herein prescribed.PRESIDENTIAL DECREE No. there is an urgent need to protect large cattle raising industry and small time large cattle owners and raisers from the nefarious activities of lawless elements in order to encourage our hardworking cattle raisers and farmers to raise more cattle and concentrate in their agricultural works." Section 2. Definition of terms. 1973 and General Order No. 533 August 8. President of the Republic of the Philippines. association. WHEREAS. The city/municipality concerned may impose and collect the fees authorized by existing laws for such registration and the issuance of a certificate of ownership to the owner/raiser. horse. do hereby order and decree as part of the law of the land. particularly the agricultural workers. corporation or entity desiring to ship or transport large cattle. 1972. This Decree shall be known as the "Anti-Cattle Rustling Law of 1974. Duty of city/municipal treasurers and other concerned public officers and employees. the following: Section 1. mule. ass. corn and other staple crops. Owner/raiser shall include the herdsman. Any person. a certification from the Provincial Veterinarian to Page 35 of 36 . from one province to another shall secure a permit for such purpose from the Provincial Commander of the province where the large cattle is registered. 197412312 THE ANTI-CATTLE RUSTLING LAW OF 1974 WHEREAS. corporation or entity. corporation or entity shall engage in the business of buy and sell of large cattle without first securing a permit for the said purpose from the Provincial Commander of the province where it shall conduct such business and the city/municipal treasurer of the place of residence of such person. reports from the law-enforcement agencies reveal that there is a resurgence of thievery of large cattle. thereby directly prejudicing the livelihood of the agricultural workers and adversely affecting our food production program for self-sufficiency in rice. because such large cattle are the work animals of our farmers and the source of fresh meat and dairy products for our people. 1104. b. Permit to buy and sell large cattle. THEREFORE. The owner/raiser shall. of any of the above-mentioned animals whether or not for profit or gain. It includes the killing of large cattle. 533 August 8. 1081. WHEREAS. Large cattle as herein used shall include the cow. Section 511 to 534. Cattle rustling is the taking away by any means. large cattle are indispensable to the livelihood and economic growth of our people. c. or taking its meat or hide without the consent of the owner/raiser. and provide raw material for our tanning and canning industries. 1 dated September 22. The following terms shall mean and be understood to be as herein defined: a. partnership. Clearance for shipment of large cattle. method or scheme. without the consent of the owner/raiser. dated January 17. Section 5. its hides. by virtue of the powers vested in me by the Constitution and pursuant to Proclamations No. Title. Section 3.

Section 7. all laws. Section 8. exhibit the documents prescribed in the preceding sections. as amended. Section 10. in addition to the foregoing penalty. rules and regulations which are inconsistent with this Decree are hereby repealed or modified accordingly. in the year of Our Lord. control or custody of large cattle shall. Done in the City of Manila. he shall. Effectivity. Section 9. Page 36 of 36 . Shipment of large cattle. be punished by prision mayor in its maximum period to reclusion temporal in its medium period if the offense is committed without violence against or intimidation of persons or force upon things. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession. irrespective of the value of the large cattle involved. upon demand by competent authorities. The provisions of Articles 309 and 310 of Act No. the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed. its hides or meat from one city/municipality to another within the same province may be done upon securing permit from the city/municipal treasurer of the place of origin. orders. This Decree shall take effect upon approval. instructions.the effect that such large cattle. this 8th day of August. The chief of Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree. Rules and Regulations to be promulgated by the Chief of Constabulary. he shall be deported immediately upon the completion of the service of his sentence without further proceedings. Presumption of cattle rustling. be disqualified from voting or being voted upon in any election/referendum and from holding any public office or employment. Penal provisions. decrees. nineteen hundred and seventy- four. Any person convicted of cattle rustling as herein defined shall. When the offender is an alien. When the offender is a government official or employee. hides or meat are free from any disease. Repealing clause. and such other documents or records as may be necessary. If a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling. 3815. Every person having in his possession. Section 11. control or custody are the fruits of the crime of cattle rustling. If the offense is committed with violence against or intimidation of persons or force upon things. otherwise known as the Revised Penal Code. the penalty of reclusion perpetua to death shall be imposed.