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REPUBLIC ACT No. 9745 a person in authority or agent of a person in
AN ACT PENALIZING TORTURE AND OTHER CRUEL,
INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR
Section 1. Short Title. - This Ad shall be known as
the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the
policy of the State:
(a) To value the dignity of every human person and
guarantee full respect for human rights;
(b) To ensure that the human rights of all persons,
including suspects, detainees and prisoners are
respected at all times; and that no person placed
under investigation or held in custody of any person
in authority or, agent of a person authority shall be
subjected to physical, psychological or mental
harm, force, violence, threat or intimidation or any
act that impairs his/her free wi11 or in any manner
demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary,
incommunicado or other similar forms of detention,
where torture may be carried out with impunity, are
prohibited; 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; various international instruments to
which the Philippines is a State party such as, but
not limited to, the International Covenant on Civil
and Political Rights (ICCPR), the Convention on the
Rights of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination Against
Women (CEDA W) and the Convention Against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT); and all other
relevant international human rights instruments to
which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the
following terms shall mean:
(a) "Torture" refers to an act by which severe pain
or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person
information or a confession; punishing him/her for
an act he/she or a third person has committed or is
suspected of having committed; or intimidating or
coercing him/her or a third person; or for any
reason based on discrimination of any kind, 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. It does not include pain or Buffering
arising only from, inherent in or incidental to lawful
sanctions.
(b) "Other cruel, 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
authority against a person under his/her custody,
which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture
or other cruel, 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, or other cruel, inhuman and degrading
treatment or punishment.
(d) "Order of Battle" refers to any document or
determination made by the military, police or any
law enforcement agency of the government, 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, through the use of means allowed
by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture
shall include, but not be limited to, 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,
exhaustion, disability or dysfunction of one or more
parts of the body, such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the
teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as
sunlight and extreme cold;
(12) The use of plastic bag and other materials
placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:
(i) The administration or drugs to induce confession
and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and

(14) Other analogous acts of physical torture; 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, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s)
with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention
places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by
the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
the victim's head or putting marks on his/her body
against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of his/her family;
and
(12) Other analogous acts of mental/psychological
torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment
or Punishment. - Other cruel, inhuman or 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 another person in
custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and,
in some cases, the sex, religion, age and state of health of
the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment, An Absolute
Bight. - Torture and other cruel, inhuman and degrading
treatment or punishment as criminal acts shall apply to all
circumstances. A state of war or a threat of war, internal
political instability, or any other public emergency, 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, inhuman and degrading treatment
or punishment.
Section 7. Prohibited Detention. - Secret detention places,
solitary confinement, incommunicado or other similar forms
of detention, where torture may be carried out with impunity.
Are hereby prohibited.
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In which case, the Philippine National Police (PNP), the
Armed Forces of the Philippines (AFP) and other law
enforcement. 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, among
others, names, date of arrest and incarceration, and the
crime or offense committed. This list shall be made available
to the public at all times, with a copy of the complete list
available at the respective national headquarters of the PNP
and AFP. A copy of the complete list shall likewise be
submitted by the PNP, AFP and all other law enforcement
agencies to the Commission on Human Rights (CHR), such
list to be periodically updated, by the same agencies, within
the first five (5) days of every month at the minimum. Every
regional office of the PNP, AFP and other law enforcement
agencies shall also maintain a similar list far all detainees
and detention facilities within their respective areas, and
shall make the same available to the public at all times at
their respective regional headquarters, and submit a copy.
updated in the same manner provided above, to the
respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule;
Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in
evidence in any proceedings, except if the same is used as
evidence against a person or persons accused of committing
torture.
Section 9. Institutional Protection of Torture Victims and
Other Persons Involved. - 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), the Public Attorney's Office (PAO), the PNP,
the National Bureau of Investigation (NBI) and the
AFP. 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. An appeal
whenever available shall be resolved within the
same period prescribed herein,
(b) To have sufficient government protection
against all forms of harassment; threat and/or
intimidation as a consequence of the filing of said
complaint or the presentation of evidence therefor.
In which case, 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, but not
limited to, his/her lawyer, witnesses and relatives;
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.

Section 10. Disposition of Writs of Habeas Corpus, Amparo
and Habeas Data Proceedings and Compliance with a
Judicial 07'der. - A writ of habeas corpus or writ of amparo or
writ of habeas data proceeding, if any, filed on behalf of the
victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously
and any order of release by virtue thereof, or other
appropriate order of a court relative thereto, shall be
executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - 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, inhuman and
degrading treatment or punishment, or for any interested
party thereto.
The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center (BRRAC)
nearest him/her as well as from human rights
nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological
Examination. - Before and after interrogation, every person
arrested, 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. If such person cannot afford the services
of his/her own doctor, he/she shall he provided by the State
with a competent and independent doctor to conduct
physical examination. The State shall endeavor to provide
the victim with psychological evaluation if available under the
circumstances. If the person arrested is a female, she shall
be attended to preferably by a female doctor. Furthermore,
any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have
the right to immediate access to proper and adequate
medical treatment. The physical examination and/or
psychological evaluation of the victim shall be contained in a
medical report, duly signed by the attending physician, which
shall include in detail his/her medical history and findings,
and which shall he attached to the custodial investigation
report. Such report shall be considered a public document.
Following applicable protocol agreed upon by agencies
tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others,
include:
(a) The name, age and address of the patient or
victim;
(b) The name and address of the nearest kin of the
patient or victim;
(c) The name and address of the person who
brought the patient or victim for physical,
psychological and mental examination, and/or
medical treatment;
(d) The nature and probable cause of the patient or
victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury,
pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or
trauma was/were sustained;
(g) The time, date and nature of treatment
necessary; and
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(h) The diagnosis, the prognosis and/or disposition
of the patient.
Any person who does not wish to avail of the rights under
this pr<;lvision may knowingly and voluntarily waive such
rights in writing, executed in the presence and assistance of
his/her counsel.
Section 13. Who are Criminally Liable. - Any person who
actually participated Or induced another in the commission
of torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable
as principal
Any superior military, 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.
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,
or negligence committed by him/her that shall have led,
assisted, abetted or allowed, whether directly or indirectly,
the commission thereof by his/her subordinates. If he/she
has knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel,
inhuman and degrading treatment or punishment shall be
committed, is being committed, or has been committed by
his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or
immediately after its commission, when he/she has the
authority to prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or punishment
but failed to prevent or investigate allegations of such act,
whether deliberately or due to negligence shall also be liable
as principals.
Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is
being committed and without having participated therein,
either as principal or accomplice, 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, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel,
inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof
in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the
principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with
the abuse of the official's public functions.

Section 14. Penalties. - (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;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be
imposed on those who commit any act of
mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming
insane or suicidal tendencies of the victim due to
guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be
imposed on those who commit any act of torture
resulting in psychological, mental and emotional
harm other than those described 1n paragraph (b)
of this section. '
(d) The penalty of prision mayor in its medium and
maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost
the power of speech or the power to hear or to
smell; or shall have lost an eye, a hand, a foot, an
arm or a leg; or shall have lost the use of any such
member; Or shall have become permanently
incapacitated for labor.
(e) The penalty of prision mayor in its minimum and
medium periods shall be imposed if, in
consequence of torture, the victim shall have
become deformed or shall have lost any part of
his/her body other than those aforecited, or shall
have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than
ninety (90) days.
(f) The penalty of prision correccional in its
maximum period to prision mayor in its minimum
period shall be imposed if, in consequence of
torture, the victim shall have been ill or
incapacitated for labor for mare than thirty (30) days
but not more than ninety (90) days.
(g) The penalty of prision correccional in its
minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been
ill or incapacitated for labor for thirty (30) days or
less.
(h) The penalty of arresto mayor shall be imposed
for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5 of
this Act.
(i) The penalty of prision correccional shall be
imposed upon those who establish, operate and
maintain secret detention places and/or effect or
cause to effect solitary confinement,
incommunicado or other similar forms of prohibited
detention as provided in Section 7 of this Act where
torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed
upon the responsible officers or personnel of the
AFP, the PNP and other law enforcement agencies
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for failure to perform his/her duty to maintain,
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, pursuant to
Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. -
Torture as a crime shall not absorb or shall not be absorbed
by any other crime or felony committed as a consequence,
or as a means in the conduct or commission thereof. In
which case, 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.
Section 16. Exclusion from the Coverage of Special
Amnesty Law. - In order not to depreciate the crime of
torture, 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.
Section 17. Applicability of Refouler. - No person shall be
expelled, 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. For the purposes of
determining whether such grounds exist, the Secretary of the
Department of Foreign Affairs (DFA) and the Secretary of
the DOJ, in coordination with the Chairperson of the CHR,
shall take into account all relevant considerations including,
where applicable and not limited to, the existence in the
requesting State of a consistent pattern of gross, flagrant or
mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any
person who has suffered torture shall have the right to claim
for compensation as provided for under Republic Act No.
7309: Provided, That in no case shall compensation be any
lower than Ten thousand pesos (P10,000.00). 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. Formulation of a Rehabilitation Program. -
Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD),
the DOJ and the Department of Health (DOH) and such
other concerned government agencies, and human rights
organizations shall formulate a comprehensive rehabilitation
program for victims of torture and their families. The DSWD,
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, mental, social,
psychological healing and development of victims of torture
and their families. Toward the attainment of restorative
justice, a parallel rehabilitation program for persons who
have committed torture and other cruel, inhuman and
degrading punishment shall likewise be formulated by the
same agencies.

Section 20. Monitoring of Compliance with this Act. - An
Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall
be headed by a Commissioner of the CRR, with the following
as members: the Chairperson of the Senate Committee on
Justice and Human Rights, the respective Chairpersons of
the House of Representatives' Committees on Justice and
Human Rights, and the Minority Leaders of both houses or
their respective representatives in the minority.
Section 21. Education and Information Campaign. - The
CHR, the DOJ, the Department of National Defense (DND),
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,
inhuman and degrading treatment or punishment shall be
fully included in the training of law enforcement personnel,
civil or military, medical personnel, public officials and other
persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest,
detention or imprisonment. 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, secondary and tertiary level academic
institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The
provisions of the Revised Penal Code insofar as they are
applicable shall be suppletory to this Act. Moreover, 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, inhuman and degrading treatment or punishment as
defined herein, the penalty to be imposed shall be in its
maximum period.
Section 23. Appropriations. - The amount of Five million
pesos (Php5,000,000.00) is hereby appropriated to the CHR
for the initial implementation of tills Act. Thereafter, such
sums as may be necessary for the continued implementation
of this Act shall be included in the annual General
Appropriations Act.
Section 24. Implementing Rules and Regulations. - The
DOJ and the CHR, with the active participation of human
rights nongovernmental organizations, shall promulgate the
rules and regulations for the effective implementation of tills
Act. They shall also ensure the full dissemination of such
rules and regulations to all officers and members of various
law enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act
is declared invalid or unconstitutional, the other provisions
not affected thereby shall continue to be in full force and
effect.
Section 26. Repealing Clause. - All laws, decrees, executive
orders or rules and regulations contrary to or inconsistent
with the provisions of this Act are hereby repealed or
modified accordingly.
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Section 27. Effectivity. - 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.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF
TERMS
Section 1. Short Title. – This Act shall be known as the
"Comprehensive Firearms and Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the policy of the
State to maintain peace and order and protect the people
against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the
reasonable means to repel the unlawful aggression under
the circumstances, the use of firearms. Towards this end,
the State shall provide for a comprehensive law regulating
the ownership, possession, carrying, manufacture, dealing in
and importation of firearms, ammunition, or parts thereof, in
order to provide legal support to law enforcement agencies
in their campaign against crime, stop the proliferation of
illegal firearms or weapons and the illegal manufacture of
firearms or weapons, ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which
may enhance or increase the operational efficiency
or accuracy of a firearm but will not constitute any
of the major or minor internal parts thereof such as,
hut not limited to, laser scope, telescopic sight and
sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit
consisting of a bullet, gunpowder, cartridge case
and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which
was manufactured at least seventy-five (75) years
prior to the current date but not including replicas;
(2) firearm which is certified by the National
Museum of the Philippines to be curio or relic of
museum interest; and (3) any other firearm which
derives a substantial part of its monetary value from
the fact that it is novel, rare, bizarre or because of
its association with some historical figure, period or
event.
(d) Arms smuggling refers to the import, export,
acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and
ammunition, from or across the territory of one
country to that of another country which has not
been authorized in accordance with domestic law in
either or both country/countries.

(e) Authority to import refers to a document issued
by the Chief of the Philippine National Police (PNP)
authorizing the importation of firearms, or their
parts, ammunition and other components.
(f) Authorized dealer refers to any person, legal
entity, corporation, partnership or business entity
duly licensed by the Firearms and Explosive Office
(FEO) of the PNP to engage in the business of
buying and selling ammunition, firearms or parte
thereof, at wholesale or retail basis.
(g) Authorized importer refers to any person, legal
entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the
business of importing ammunition and firearms, or
parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution
under the provisions of this Act.
(h) Authorized manufacturer refers to any person,
legal entity, corporation, or partnership duly
licensed by the FEO of the PNP to engage in the
business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale or
distribution.1âwphi1
(i) Confiscated firearm refers to a firearm that is
taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement
agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of
the PNP.
(j) Demilitarized firearm refers to a firearm
deliberately made incapable of performing its main
purpose of firing a projectile.
(k) Duty detail order refers to a document issued by
the juridical entity or employer wherein the details
of the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm
information, the specific duration and location of
posting or assignment and the authorized bonded
firearm custodian for the juridical entity to whom
such firearm is turned over after the lapse of the
order.
(l) Firearm refers to any handheld or portable
weapon, whether a small arm or light weapon, that
expels or is designed to expel a bullet, shot, slug,
missile or any projectile, which is discharged by
means of expansive force of gases from burning
gunpowder or other form of combustion or any
similar instrument or implement. For purposes of
this Act, the barrel, frame or receiver is considered
a firearm.
(m) Firearms Information Management System
(FIMS) refers to the compilation of all data and
information on firearms ownership and disposition
for record purposes.
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(n) Forfeited firearm refers to a firearm that is
subject to forfeiture by reason of court order as
accessory penalty or for the disposition by the FEO
of the PNP of firearms considered as abandoned,
surrendered, confiscated or revoked in compliance
with existing rules and regulations.
(o) Gun club refers to an organization duly
registered with and accredited in good standing by
the FEO of the PNP which is established for the
purpose of propagating responsible and safe gun
ownership, proper appreciation and use of firearms
by its members, for the purpose of sports and
shooting competition, self-defense and collection
purposes.
(p) Gunsmith refers to any person, legal entity,
corporation, partnership or business duly licensed
by the FEO of the PNP to engage in the business of
repairing firearms and other weapons or
constructing or assembling firearms and weapons
from finished or manufactured parts thereof on a
per order basis and not in commercial quantities or
of making minor parts for the purpose of repairing
or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm,
or other device that is so substantially similar in
coloration and overall appearance to an existing
firearm as to lead a reasonable person to believe
that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who
complies with the qualifications set forth in this Act
and duly issued with a license to possess or to
carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations,
organizations, businesses including security
agencies and local government units (LGUs) which
are licensed to own and possess firearms in
accordance with this Act.
(t) Light weapons are: Class-A Light weapons
which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which
have fully automatic mode; and Class-B Light
weapons which refer to weapons designed for use
by two (2) or more persons serving as a crew, or
rifles and machine guns exceeding caliber 7.62MM
such as heavy machine guns, handheld underbarrel
and mounted grenade launchers, portable anti-
aircraft guns, portable anti-tank guns, recoilless
rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft
missile systems, and mortars of a caliber of less
than 100MM.
(u) Long certificate of registration refers to licenses
issued to government agencies or offices or

government-owned or -controlled corporations for
firearms to be used by their officials and employees
who are qualified to possess firearms as provider in
this Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm,
an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms,
registered firearms in the possession of an
individual other than the licensee and those with
revoked licenses in accordance with the rules and
regulations.
(w) Major part or components of a firearm refers to
the barrel, slide, frame, receiver, cylinder or the bolt
assembly. The term also includes any part or kit
designed and intended for use in converting a semi-
automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the
firearm other than the major parts which are
necessary to effect and complete the action of
expelling a projectile by way of combustion, except
those classified as accessories.
(y) Permit to carry firearm outside of
residence refers to a written authority issued to a
licensed citizen by the Chief of the PNP which
entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence for
the duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written
authority issued to a licensed citizen or entity by the
Chief of the PNP or by a PNP Regional Director
which entitles such person or entity to transport a
particular firearm from and to a specific location
within the duration and purpose in the authority.
(aa) Residence refers to the place or places of
abode of the licensed citizen as indicated in his/her
license.
(bb) Shooting range refers to a facility established
for the purpose of firearms training and skills
development, firearm testing, as well as for sports
and competition shooting either for the exclusive
use of its members or open to the general public,
duly registered with and accredited in good
standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a
certificate issued by the FEO of the PNP for a
government official or employee who was issued by
his/her employer department, agency or
government-owned or -controlled corporation a
firearm covered by the long certificate of
registration.
(dd) Small arms refer to firearms intended to be or
primarily designed for individual use or that which is
generally considered to mean a weapon intended to
be fired from the hand or shoulder, which are not
7
capable of fully automatic bursts of discharge, such
as:
(1) Handgun which is a firearm intended to
be fired from the hand, which includes:
(i) A pistol which is a hand-
operated firearm having a
chamber integral with or
permanently aligned with the
bore which may be self-loading;
and
(ii) Revolver which is a hand-
operated firearm with a revolving
cylinder containing chambers for
individual cartridges.
(2) Rifle which is a shoulder firearm or
designed to be fired from the shoulder that
can discharge a bullet through a rifled
barrel by different actions of loading, which
may be classified as lever, bolt, or self-
loading; and
(3) Shotgun which is a weapon designed,
made and intended to fire a number of ball
shots or a single projectile through a
smooth bore by the action or energy from
burning gunpowder.
(ee) Sports shooting competition refers to a
defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers
to any firearm whose serial number or other
identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered
without authority or in order to conceal its source,
identity or ownership.
(gg) Thermal weapon sight refers to a battery
operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which
is used to locate and engage targets during daylight
and from low light to total darkness and operates in
adverse conditions such as light rain, light snow,
and dry smoke or in conjunction with other optical
and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and
Obtaining a License to Own and Possess Firearms. – In
order to qualify and acquire a license to own and possess a
firearm or firearms and ammunition, the applicant must be a
Filipino citizen, at least twenty-one (21) years old and has
gainful work, occupation or business or has filed an Income
Tax Return (ITR) for the preceding year as proof of income,
profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:

(a) The applicant has not been convicted of any
crime involving moral turpitude;
(b) The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test
conducted by an accredited and authorized drug
testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar
which is administered by the PNP or a registered
and authorized gun club;
(e) The applicant has filed in writing the application
to possess a registered firearm which shall state
the personal circumstances of the applicant;
(f) The applicant must present a police clearance
from the city or municipality police office; and
(g) The applicant has not been convicted or is
currently an accused in a pending criminal case
before any court of law for a crime that is
punishable with a penalty of more than two (2)
years.
For purposes of this Act, an acquittal or permanent dismissal
of a criminal case before the courts of law shall qualify the
accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may
be provided in the implementing rules and regulations of this
Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the
FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a
Juridical Entity. – A juridical person maintaining its own
security force may be issued a regular license to own and
possess firearms and ammunition under the following
conditions:
(a) It must be Filipino-owned and duly registered
with the Securities and Exchange Commission
(SEC);
(b) It is current, operational and a continuing
concern;
(c) It has completed and submitted all its reportorial
requirements to the SEC; and
(d) It has paid all its income taxes for the year, as
duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical
person represented by its President or any of its officers
mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical
entity, shall possess all the qualifications required of a citizen
applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board
secretary.
Security agencies and LGUs shall be included in this
category of licensed holders but shall be subject to additional
requirements as may be required by the Chief of the PNP.
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Section 6. Ownership of Firearms by the National
Government. – All firearms owned by the National
Government shall be registered with the FEO of the PNP in
the name of the Republic of the Philippines. Such
registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of
firearms. For reason of national security, firearms of the
Armed Forces of the Philippines (AFP), Coast Guard and
other law enforcement agencies shall only be reported to the
FEO of the PNP.
Section 7. Carrying of Firearms Outside of Residence or
Place of Business. – A permit to carry firearms outside of
residence shall be issued by the Chief of the PNP or his/her
duly authorized representative to any qualified person whose
life is under actual threat or his/her life is in imminent danger
due to the nature of his/her profession, occupation or
business.
It shall be the burden of the applicant to prove that his/her
life is under actual threat by submitting a threat assessment
certificate from the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of
their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their
business or undertaking, are exposed to high risk of
being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The Chief of the
PNP, through the FEO of the PNP, shall issue licenses to
qualified individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. – Subject to the
requirements set forth in this Act and payment of required
fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the
following categories;
Type 1 license – allows a citizen to own and
possess a maximum of two (2) registered firearms;
Type 2 license – allows a citizen to own and
possess a maximum of five (5) registered firearms;
Type 3 license – allows a citizen to own and
possess a maximum of ten (10) registered firearms;
Type 4 license – allows a citizen to own and
possess a maximum of fifteen (15) registered
firearms; and
Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than fifteen
(15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by
lock and key or other security measures for the safekeeping
of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Section 10. Firearms That May Be Registered. – Only small
arms may be registered by licensed citizens or licensed
juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or possessed
exclusively by the AFP, the PNP and other law enforcement
agencies authorized by the President in the performance of
their duties: Provided, That private individuals who already
have licenses to possess Class-A light weapons upon the
effectivity of this Act shall not be deprived of the privilege to
continue possessing the same and renewing the licenses
therefor, for the sole reason that these firearms are Class "A"
light weapons, and shall be required to comply with other
applicable provisions of this Act.
Section 11. Registration of Firearms. – The licensed citizen
or licensed juridical entity shall register his/her/its firearms so
purchased with the FEO of the PNP in accordance with the
type of license such licensed citizen or licensed juridical
entity possesses. A certificate of registration of the firearm
shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the
application, approval, record-keeping and monitoring of
firearms with the FEO of the PNP in accordance with the
type of license issued to any person under Section 9 of this
Act.
Section 12. License to Possess Ammunition Necessarily
Included. – The licenses granted to qualified citizens or
juridical entities as provided in Section 9 of this Act shall
include the license to possess ammunition with a maximum
of fifty (50) rounds for each registered
firearm: Provided; That the FEO of the PNP may allow more
ammunition to be possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In
Firearms and Ammunition. – Any person desiring to
manufacture or deal in firearms, parts of firearms or
ammunition thereof, or instruments and implements used or
intended to be used in the manufacture of firearms, parts of
firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior
and Local Government (DILG) in the case of an
application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to
deal in firearms and firearms parts, ammunition and
gun repair.
The applicant shall state the amount of capitalization for
manufacture or cost of the purchase and sale of said articles
intended to be transacted by such applicant; and the types of
firms, ammunition or implements which the applicant intends
to manufacture or purchase and sell under the license
applied for; and such additional information as may be
especially requested by the Secretary of the DILG or the
Chief of the PNP.
9
The Secretary of the DILG or the Chief of the PNP may
approve or disapprove such application based on the
prescribed guidelines. In the case of approval, the Secretary
of the DILG or the Chief of the PNP shall indicate the
amount of the bond to be executed by the applicant before
the issuance of the license and the period of time by which
said license shall be effective, unless sooner revoked by
their authority.
Upon approval of the license to manufacture or otherwise
deal in firearms by the Secretary of the DILG or the Chief of
the PNP as the case may be, the same shall be transmitted
to the FEO of the PNP which shall issue the license in
accordance with the approved terms and conditions, upon
the execution and delivery by the applicant of the required
bond conditioned upon the faithful compliance on the part of
the licensee to the laws and regulations relative to the
business licensed.
Section 14. Scope of License to Manufacture Firearms and
Ammunition. – The scope of the License to Manufacture
firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble
firearms, ammunition, spare parts and accessories,
ammunition components, and reloading of
ammunitions, within sites, areas, and factories
stated therein. The Secretary of the DILG shall
approve such license;
(b) The license to deal in or sell all the items
covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing
of parts and accessories necessary for the firearms
which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of
major parts or major components is also licensed to
manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment,
and firearm parts and ammunition components for
the manufacture thereof. Firearm parts and
ammunition components to be imported shall,
however, be limited to those authorized to be
manufactured as reflected in the approved License
to Manufacture. The Import Permit shall be under
the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to
import various reference firearms needed to test the
ammunition manufactured under the License to
Manufacture. A licensed manufacturer of firearms, on the
other hand, is entitled to import various firearms for
reference, test and evaluation for manufacture of similar,
types of firearms covered by the License to Manufacture.
An export permit shall, however, be necessary to export
manufactured parts or finished products of firearms and
ammunition. The Export Permit of firearms and ammunition
shall be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and
Imported Firearms. – Local manufacturers and importers of
firearms and major parts thereof shall register the same as
follows:

(a) For locally manufactured firearms and major
parts thereof, the initial registration shall be done at
the manufacturing facility: Provided, That firearms
intended for export shall no longer be subjected to
ballistic identification procedures; and
(b) For imported firearms and major parts thereof,
the registration shall be done upon arrival at the
FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. – The
License to Deal authorizes the purchase, sale and general
business in handling firearms and ammunition, major and
minor parts of firearms, accessories, spare parts,
components, and reloading machines, which shall be issued
by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. –
The license for gunsmiths shall allow the grantee to repair
registered firearms. The license shall include customization
of firearms from finished or manufactured parts thereof on
per order basis and not in commercial quantities and making
the minor parts thereof, i.e. pins, triggers, trigger bows,
sights and the like only for the purpose of repairing the
registered firearm. The license for gunsmiths shall be issued
by the Chief of the PNP.
Section 18. Firearms for Use in Sports and Competitions. –
A qualified individual shall apply for a permit to transport
his/her registered firearm/s from his/her residence to the
firing range/s and competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. – All
types of licenses to possess a firearm shall be renewed
every two (2) years. Failure to renew the license on or before
the date of its expiration shall cause the revocation of the
license and of the registration of the firearm/s under said
licensee.
The registration of the firearm shall be renewed every four
(4) years. Failure to renew the registration of the firearm on
or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be
confiscated or forfeited in favor of the government after due
process.
The failure to renew a license or registration within the
periods stated above on two (2) occasions shall cause the
holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the
renewal of the license or registration may be submitted to
the FEO of the PNP, within six (6) months before the date of
the expiration of such license or registration.
Section 20. Inspection and Inventory. – The Chief of the
PNP or his/her authorized representative shall require the
submission of reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or importer of
firearms and ammunition during reasonable hours.
10
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms
and Ammunition. – Firearms and ammunition may only be
acquired or purchased from authorized dealers, importers or
local manufacturers and may be transferred or sold only
from a licensed citizen or licensed juridical entity to another
licensed citizen or licensed juridical entity: Provided, That,
during election periods, the sale and registration of firearms
and ammunition and the issuance of the corresponding
licenses to citizens shall be allowed on the condition that the
transport or delivery thereof shall strictly comply with the
issuances, resolutions, rules and regulations promulgated by
the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From
Abroad. – A person arriving in the Philippines who is legally
in possession of any firearm or ammunition in his/her country
of origin and who has declared the existence of the firearm
upon embarkation and disembarkation but whose firearm is
not registered in the Philippines in accordance with this Act
shall deposit the same upon written receipt with the Collector
of Customs for delivery to the FEO of the PNP for
safekeeping, or for the issuance of a permit to transport if the
person is a competitor in a sports shooting competition. If the
importation of the same is allowed and the party in question
desires to obtain a domestic firearm license, the same
should be undertaken in accordance with the provisions of
this Act. If no license is desired or leave to import is not
granted, the firearm or ammunition in question shall remain
in the custody of the FEO of the PNP until otherwise
disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure
from the Philippines. – Upon the departure from the
Philippines of any person whose firearm or ammunition is in
the custody of the FEO of the PNP, the same shall, upon
timely request, be delivered to the person through the
Collector of Customs. In the case of a participant in a local
sports shooting competition, the firearm must be presented
to the Collector of Customs before the same is allowed to be
loaded on board the carrier on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. –
Any licensee may deposit a registered firearm to the FEO of
the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. – Any
firearm or ammunition deposited in the custody of the FEO
of the PNP pursuant to the provisions of this Act, shall be
deemed to have been abandoned by the owner or his/her
authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the
PNP of the disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after compliance
with established procedures.
Section 26. Death or Disability of Licensee. – Upon the
death or legal disability of the holder of a firearm license, it
shall be the duty of his/her next of kin, nearest relative, legal

representative, or other person who shall knowingly come
into possession of such firearm or ammunition, to deliver the
same to the FEO of the PNP or Police Regional Office, and
such firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its
registration in accordance, with this Act. The failure to deliver
the firearm or ammunition within six (6) months after the
death or legal disability of the licensee shall render the
possessor liable for illegal possession of the firearm.
Section 27. Antique Firearm. – Any person who possesses
an antique firearm shall register the same and secure a
collector’s license from the FEO of the PNP. Proper storage
of antique firearm shall be strictly imposed. Noncompliance
of this provision shall be considered as illegal possession of
the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms
and Ammunition. – The unlawful acquisition, possession of
firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium
period shall be imposed upon any person who shall
unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion
perpetua shall be imposed if three (3) or more small
arms or Class-A light weapons are unlawfully
acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess a Class-A light
weapon;
(d) The penalty of reclusion perpetua shall be
imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that
provided in paragraphs (a) to (c) in this section shall
be imposed upon any person who shall unlawfully
possess any firearm under any or combination of
the following conditions:
(1) Loaded with ammunition or inserted
with a loaded magazine;
(2) Fitted or mounted with laser or any
gadget used to guide the shooter to hit the
target such as thermal weapon sight
(TWS) and the like;
(3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full
automatic bursts.
(f) The penalty of prision mayor in its minimum
period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a
small arm;
(g) The penalty of prision mayor in its minimum
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a
small arm or Class-A light weapon. If the violation
of this paragraph is committed by the same person
charged with the unlawful acquisition or possession
11
of a small arm, the former violation shall be
absorbed by the latter;
(h) The penalty of prision mayor in its medium
period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a
Class-A light weapon;
(i) The penalty of prision mayor in its medium
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a
Class-A light weapon. If the violation of this
paragraph is committed by the same person
charged with the unlawful acquisition or possession
of a Class-A light weapon, the former violation shall
be absorbed by the latter;
(j) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a
Class-B light weapon; and
(k) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a
Class-B light weapon. If the violation of this
paragraph is committed by the same person
charged with the unlawful acquisition or possession
of a Class-B light weapon, the former violation shall
be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a
Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that
prescribed in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with
the use of a loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime punishable
under the Revised Penal Code or other special laws of which
he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to,
or in connection with the crime of rebellion of insurrection, or
attempted coup d’ etat, such violation shall be absorbed as
an element of the crime of rebellion or insurrection, or
attempted coup d’ etat.
If the crime is committed by the person without using the
loose firearm, the violation of this Act shall be considered as
a distinct and separate offense.
Section 30. Liability of Juridical Person. – The penalty
of prision mayor in its minimum to prision mayor in its
medium period shall be imposed upon the owner, president,
manager, director or other responsible officer of/any public
or private firm, company, corporation or entity who shall
willfully or knowingly allow any of the firearms owned by
such firm, company, corporation or entity to be used by any

person or persons found guilty of violating the provisions of
the preceding section, or willfully or knowingly allow any of
them to use unregistered firearm or firearms without any
legal authority to be carried outside of their residence in the
course of their employment.
Section 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision correccional and a fine
of Ten thousand pesos (P10,000.00) shall be imposed upon
any person who is licensed to own a firearm but who shall
carry the registered firearm outside his/her residence without
any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument used
or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or major
parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such
article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision
mayor in its medium period shall be imposed upon any
laborer, worker or employee of a licensed firearms dealer
who shall unlawfully take, sell or otherwise dispose of parts
of firearms or ammunition which the company manufactures
and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition. The buyer or
possessor of such stolen part or material, who is aware that
such part or material was stolen, shall suffer the same
penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation,
partnership, association or other juridical entity, the penalty
provided for in this section shall be imposed upon the
directors, officers, employees or other officials or persons
therein who knowingly and willingly participated in the
unlawful act.
Section 33. Arms Smuggling. – The penalty of reclusion
perpetua shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in this
Act.
Section 34. Tampering, Obliteration or Alteration of
Firearms Identification. – The penalty of prision
correccional to prision mayor in its minimum period shall be
imposed upon any person who shall tamper, obliterate or
alter without authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including the name of the maker,
12
model, or serial number of any firearm, or who shall replace
without authority the barrel, slide, frame, receiver, cylinder,
or bolt assembly, including its individual or peculiar
identifying characteristics essential in forensic examination
of a firearm or light weapon.
The PNP shall place this information, including its individual
or peculiar identifying characteristics into the database of
integrated firearms identification system of the PNP Crime
Laboratory for future use and identification of a particular
firearm.
Section 35. Use of an Imitation Firearm. – An imitation
firearm used in the commission of a crime shall be
considered a real firearm as defined in this Act and the
person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused on
the occasion of the conduct of competitions, sports, games,
or any recreation activities involving imitation firearms shall
not be punishable under this Act.
Section 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm, ammunition,
or parts thereof, machinery, tools or instruments shall remain
in the custody of the court. If the court decides that it has no
adequate means to safely keep the same, the court shall
issue an order to turn over to the PNP Crime Laboratory
such firearm, ammunition, or parts thereof, machinery, tools
or instruments in its custody during the pendency of the case
and to produce the same to the court when so ordered. No
bond shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or instrument.
Any violation of this paragraph shall be punishable by prision
mayor in its minimum period to prision mayor in its medium
period.
Section 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the
accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be
disposed of in accordance with law.
Section 38. Liability for Planting Evidence. – The penalty
of prision mayor in its maximum period shall be imposed
upon any person who shall willfully and maliciously insert;
place, and/or attach, directly or indirectly, through any overt
or covert act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If the
person found guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty of reclusion
perpetua.
Section 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of the PNP or
his/her authorized representative may revoke, cancel or
suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
 13

(b) Conviction of a crime involving moral turpitude
or any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts
thereof through negligence;
(d) Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major
parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of
government official and employee;
(g) Commission of any of the acts penalized under
Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon. – A fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any licensed firearm holder who fails to
report to the FEO of the PNP that the subject firearm has
been lost or stolen within a period of thirty (30) days from the
date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be
imposed upon any person holding a valid firearm license
who changes residence or office address other than that
indicated in the license card and fails within a period of thirty
(30) days from said transfer to notify the FEO of the PNP of
such change of address.
law enforcement agencies, government agencies, LGUs and
government-owned or -controlled corporations shall submit
an inventory of all their firearms and ammunition to the PNP.
Section 43. Final Amnesty. – Persons in possession of
unregistered firearms and holders of expired license or
unregistered firearms shall register and renew the same
through the Final General Amnesty within six (6) months
from the promulgation of the implementing rules and
regulations of this Act. During the interim period of six (6)
months, no person applying for license shall be charged of
any delinquent payment accruing to the firearm subject for
registration. The PNP shall conduct an intensive nationwide
campaign to ensure that the general public is properly
informed of the provisions of this Act.
Section 44. Implementing Rules and Regulations. – Within
one hundred twenty (120) days from the effectivity of this
Act, the Chief of the PNP, after public hearings and
consultation with concerned sectors of society shall
formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at
least two (2) national newspapers of general circulation.
Section 45. Repealing Clause. – This Act repeals Sections
1, 2, 5 and 7 of Presidential Decree No. 1866, as amended,
and Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are
inconsistent herewith.
Section 46. Separability Clause. – If any provision of this Act
or any part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

Section 41. Illegal Transfer/Registration of Firearms. – It Section 47. Effectivity. – This Act shall take effect after
shall be unlawful to transfer possession of any firearm to any fifteen (15) days from its publication in a newspaper of
person who has not yet obtained or secured the necessary nationwide circulation.
license or permit thereof.

The penalty of prision correccional shall be imposed upon

any person who shall violate the provision of the preceding
paragraph. In addition, he/she shall be disqualified to apply
for a license to possess other firearms and all his/her
existing firearms licenses whether for purposes of commerce
or possession, shall be revoked. If government-issued
firearms, ammunition or major parts of firearms or light
weapons are unlawfully disposed, sold or transferred by any
law enforcement agent or public officer to private individuals,
the penalty of reclusion temporal shall be imposed.

Any public officer or employee or any person who shall

facilitate the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.

ARTICLE VI
FINAL PROVISIONS

Section 42. Firearms Repository. – The FEO of the PNP

shall be the sole repository of all firearms records to include
imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and

Republic Act No. 7080 July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term
- said public officer in the commission of plunder shall likewise
a) Public Officer means any person holding any public office
in the Government of the Republic of the Philippines by
virtue of an appointment, election or contract.
b) Government includes the National Government, and any
of its subdivisions, agencies or instrumentalities, including
government-owned or -controlled corporations and their
subsidiaries.
c) Person includes any natural or juridical person, unless the
context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business
enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly
or indirectly through dummies, nominees, agents,
subordinates and/or business associates by any combination
or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of
assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including promise of future employment in any
business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the
Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties -
Any public officer who, by himself or in connivance with
14
members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt or criminal acts as described
in Section 1(d) hereof, in the aggregate amount or total value
of at least Seventy-five million pesos (P75,000,000.00), shall
be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from
holding any public office. Any person who participated with
be punished. In the imposition of penalties, the degree of
participation and the attendance of mitigating and
extenuating circumstances shall be considered by the court.
The court shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the
properties and shares of stock derived from the deposit or
investment thereof forfeited in favor of the State.
Section 3. Competent Court - Until otherwise provided by
law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing
the crime of plunder, it shall not be necessary to prove each
and every criminal act done by the accused in furtherance of
the scheme or conspiracy to amass, accumulate or acquire
ill-gotten wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public
officer against whom any criminal prosecution under a valid
information under this Act in whatever stage of execution
and mode of participation, is pending in court, shall be
suspended from office. Should he be convicted by final
judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and other benefits which
he failed to receive during suspension, unless in the
meantime, administrative proceedings have been filed
against him.
Section 6. Prescription of Crimes - The crime punishable
under this Act shall prescribe in twenty (20) years. However,
the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees
or transferees shall not be barred by prescription, laches, or
estoppel.
Section 7. Separability of Provisions - If any provisions of
this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of this
Act and the application of such provisions to other persons
or circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect
pending prosecutions or proceedings, or those which may be
instituted under Executive Order No. 1, issued and
promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette and in a
newspaper of general circulation.

REPUBLIC ACT NO. 9160 September 29, 2001
AN ACT DEFINING THE CRIME OF MONEY
LAUNDERING, PROVIDING PENALTIES THEREFOR AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the
"Anti-Money Laundering Act of 2001."
Section 2. Declaration of Policy. – It is hereby declared the
policy of the State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for
the proceeds of any unlawful activity. Consistent with its
foreign policy, the State shall extend cooperation in
transnational investigations and prosecutions of persons
involved in money laundering activities whenever committed.
Section 3. Definitions. For purposes of this Act, the following
terms are hereby defined as follows:
(a) "Covered Institution" refers to:
(1) banks, non-banks, quasi-banks, trust
entities, and all other institutions and their
subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng
Pilipinas (BSP);
(2) Insurance companies and all other
institutions supervised or regulated by the
Insurance Commission; and
(3) (i) securities dealers, brokers,
salesmen, investment houses and other
similar entities managing securities or
rendering services as investment agent,
advisor, or consultant, (ii) mutual funds,
close and investment companies, common
trust funds, pre-need companies and other
similar entities, (iii) foreign exchange
corporations, money changers, money
payment, remittance, and transfer
companies and other similar entities, and
(iv) other entities administering or
otherwise dealing in currency,
commodities or financial derivatives based
thereon, valuable objects, cash substitutes
and other similar monetary instruments or
property supervised or regulated by
Securities and Exchange Commission.
(b) "Covered transaction" is a single, series, or
combination of transactions involving a total amount
in excess of Four million Philippine pesos
(Php4,000,000.00) or an equivalent amount in
foreign currency based on the prevailing exchange
rate within five (5) consecutive banking days except
those between a covered institution and a person
who, at the time of the transaction was a properly
identified client and the amount is commensurate
with the business or financial capacity of the client;
or those with an underlying legal or trade obligation,
purpose, origin or economic justification.
15
It likewise refers to a single, series or combination
or pattern of unusually large and complex
transactions in excess of Four million Philippine
pesos (Php4,000,000.00) especially cash deposits
and investments having no credible purpose or
origin, underlying trade obligation or contract.
(c) "Monetary Instrument" refers to:
(1) coins or currency of legal tender of the
Philippines, or of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments,
bonds, commercial papers, deposit
certificates, trust certificates, custodial
receipts or deposit substitute instruments,
trading orders, transaction tickets and
confirmations of sale or investments and
money marked instruments; and
(4) other similar instruments where title
thereto passes to another by
endorsement, assignment or delivery.
(d) "Offender" refers to any person who commits a
money laundering offense.
(e) "Person" refers to any natural or juridical
person.
(f) "Proceeds" refers to an amount derived or
realized from an unlawful activity.
(g) "Supervising Authority" refers to the
appropriate supervisory or regulatory agency,
department or office supervising or regulating the
covered institutions enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any
right or obligation or giving rise to any contractual or
legal relationship between the parties thereto. It
also includes any movement of funds by any means
with a covered institution.
(l) "Unlawful activity" refers to any act or omission
or series or combination thereof involving or having
relation to the following:
(1) Kidnapping for ransom under Article
267 of Act No. 3815, otherwise known as
the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article
Two of Republic Act No. 6425, as
amended, otherwise known as the
Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H
and I of Republic Act No. 3019, as
amended; otherwise known as the Anti-
Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080,
as amended;
(5) Robbery and extortion under Articles
294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as
illegal gambling under Presidential Decree
No. 1602;
(7) Piracy on the high seas under the
Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under, Article 310 of the
Revised Penal Code, as amended;

(9) Swindling under Article 315 of the
Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos.
455 and 1937;
(11) Violations under Republic Act No.
8792, otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under
Republic Act No. 6235; destructive arson
and murder, as defined under the Revised
Penal Code, as amended, including those
perpetrated by terrorists against non-
combatant persons and similar targets;
(13) Fraudulent practices and other
violations under Republic Act No. 8799,
otherwise known as the Securities
Regulation Code of 2000;
(14) Felonies or offenses of a similar
nature that are punishable under the penal
laws of other countries.
Section 4. Money Laundering Offense. – Money laundering
is a crime whereby the proceeds of an unlawful activity are
transacted, thereby making them appear to have originated
from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary
instrument or property represents, involves, or
relates to the proceeds of any unlawful activity,
transacts or attempts to transact said monetary
instrument or property.
(b) Any person knowing that any monetary
instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any
act as a result of which he facilitates the offense of
money laundering referred to in paragraph (a)
above.
(c) Any person knowing that any monetary
instrument or property is required under this Act to
be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so.
Section 5. Jurisdiction of Money Laundering Cases. – The
regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and
private persons who are in conspiracy with such public
officers shall be under the jurisdiction of the Sandiganbayan.
Section 6. Prosecution of Money Laundering. –
(a) Any person may be charged with and convicted
of both the offense of money laundering and the
unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity
shall be given precedence over the prosecution of
any offense or violation under this Act without
prejudice to the freezing and other remedies
provided.
Section 7. Creation of Anti-Money Laundering Council
(AMLC). – The Anti-Money Laundering Council is hereby
created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the Commissioner
of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members. The
16
AMLC shall act unanimously in the discharge of its functions
as defined hereunder:
(1) to require and receive covered transaction
reports from covered institutions;
(2) to issue orders addressed to the appropriate
Supervising Authority or the covered institution to
determine the true identity of the owner of any
monetary instrument or property subject of a
covered transaction report or request for assistance
from a foreign State, or believed by the Council, on
the basis of substantial evidence to be in whole or
in part, whenever located, representing, involving,
or related to, directly or indirectly, in any manner or
by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all
other remedial proceedings through the Office of
the Solicitor General;
(4) to cause the filing of complaints with the
Department of Justice or the Ombudsman for the
prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions,
money laundering activities and other violations of
this Act;
(6) to freeze any monetary instrument or property
alleged to be proceed of any unlawful activity;
(7) to implement such measures as may be
necessary and justified under this Act to counteract
money laundering;
(8) to receive and take action in respect of, any
request from foreign states for assistance in their
own anti-money laundering operations provided in
this Act;
(9) to develop educational programs on the
pernicious effects of money laundering, the
methods and techniques used in money laundering,
the viable means of preventing money laundering
and the effective ways of prosecuting and punishing
offenders; and
(10) to enlist the assistance of any branch,
department, bureau, office, agency or
instrumentality of the government, including
government-owned and –controlled corporations, in
undertaking any and all anti-money laundering
operations, which may include the use of its
personnel, facilities and resources for the more
resolute prevention, detection and investigation of
money laundering offenses and prosecution of
offenders.
Section 8. Creation of a Secretariat. – The AMLC is hereby
authorized to establish a secretariat to be headed by an
Executive Director who shall be appointed by the Council for
a term of five (5) years. He must be a member of the
Philippine Bar, at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known
probity. All members of the Secretariat must have served for
at least five (5) years either in the Insurance Commission,
the Securities and Exchange Commission or the Bangko
Sentral ng Pilipinas (BSP) and shall hold full-time permanent
positions within the BSP.
Section 9. Prevention of Money Laundering; Customer
Identification Requirements and Record Keeping. –

(a) Customer Identification, - Covered institutions
shall establish and record the true identity of its
clients based on official documents. They shall
maintain a system of verifying the true identity of
their clients and, in case of corporate clients,
require a system of verifying their legal existence
and organizational structure, as well as the
authority and identification of all persons purporting
to act on their behalf.
The provisions of existing laws to the contrary
notwithstanding, anonymous accounts, accounts
under fictitious names, and all other similar
accounts shall be absolutely prohibited. Peso and
foreign currency non-checking numbered accounts
shall be allowed. The BSP may conduct annual
testing solely limited to the determination of the
existence and true identity of the owners of such
accounts.
(b) Record Keeping – All records of all
transactions of covered institutions shall be
maintained and safely stored for five (5) years from
the date of transactions. With respect to closed
accounts, the records on customer identification,
account files and business correspondence, shall
be preserved and safety stored for at least five (5)
years from the dates when they were closed.
(c) Reporting of Covered Transactions. –
Covered institutions shall report to the AMLC all
covered transactions within five (5) working days
from occurrence thereof, unless the Supervising
Authority concerned prescribes a longer period not
exceeding ten (10) working days.
When reporting covered transactions to the AMLC, covered
institutions and their officers, employees, representatives,
agents, advisors, consultants or associates shall not be
deemed to have violated Republic Act No. 1405, as
amended; Republic Act No. 6426, as amended; Republic Act
No. 8791 and other similar laws, but are prohibited from
communicating, directly or indirectly, in any manner or by
any means, to any person the fact that a covered transaction
report was made, the contents thereof, or any other
information in relation thereto. In case of violation thereof,
the concerned officer, employee, representative, agent,
advisor, consultant or associate of the covered institution,
shall be criminally liable. However, no administrative,
criminal or civil proceedings, shall lie against any person for
having made a covered transaction report in the regular
performance of his duties and in good faith, whether or not
such reporting results in any criminal prosecution under this
Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered
institutions and their officers, employees, representatives,
agents, advisors, consultants or associates are prohibited
from communicating, directly or indirectly, in any manner or
by any means, to any person, entity, the media, the fact that
a covered transaction report was made, the contents thereof,
or any other information in relation thereto. Neither may such
reporting be published or aired in any manner or form by the
mass media, electronic mail, or other similar devices. In case
of violation thereof, the concerned officer, employee,
17
representative, agent, advisor, consultant or associate of the
covered institution, or media shall be held criminally liable.
Section 10. Authority to Freeze. – Upon determination that
probable cause exists that any deposit or similar account is
in any way related to an unlawful activity, the AMLC may
issue a freeze order, which shall be effective immediately, on
the account for a period not exceeding fifteen (15) days.
Notice to the depositor that his account has been frozen
shall be issued simultaneously with the issuance of the
freeze order. The depositor shall have seventy-two (72)
hours upon receipt of the notice to explain why the freeze
order should be lifted. The AMLC has seventy-two (72)
hours to dispose of the depositor's explanation. If it falls to
act within seventy-two (72) hours from receipt of the
depositor's explanation, the freeze order shall automatically
be dissolved. The fifteen (15)-day freeze order of the AMLC
may be extended upon order of the court, provided that the
fifteen (15)-day period shall be tolled pending the court's
decision to extend the period.
No court shall issue a temporary restraining order or writ of
injunction against any freeze order issued by the AMLC
except the Court of Appeals or the Supreme Court.
Section 11. Authority to inquire into Bank Deposits. –
Notwithstanding the provisions of Republic Act No. 1405, as
amended; Republic Act No. 6426, as amended; Republic Act
No. 8791, and other laws, the AMLC may inquire into or
examine any particular deposit or investment with any
banking institution or non-bank financial institution upon
order of any competent court in cases of violation of this Act
when it has been established that there is probable cause
that the deposits or investments involved are in any way
related to a money laundering offense: Provided, That this
provision shall not apply to deposits and investments made
prior to the effectivity of this Act.
Section 12. Forfeiture Provisions. –
(a) Civil Forfeiture. – When there is a covered
transaction report made, and the court has, in a
petition filed for the purpose ordered seizure of any
monetary instrument or property, in whole or in part,
directly or indirectly, related to said report, the
Revised Rules of Court on civil forfeiture shall
apply.
(b) Claim on Forfeited Assets. – Where the court
has issued an order of forfeiture of the monetary
instrument or property in a criminal prosecution for
any money laundering offense defined under
Section 4 of this Act, the offender or any other
person claiming an interest therein may apply, by
verified petition, for a declaration that the same
legitimately belongs to him and for segregation or
exclusion of the monetary instrument or property
corresponding thereto. The verified petition shall be
filed with the court which rendered the judgment of
conviction and order of forfeiture, within fifteen (15)
days from the date of the order or forfeiture, in
default of which the said order shall become final
and executory. This provision shall apply in both
civil and criminal forfeiture.

(c) Payment in Lieu of Forfeiture. – Where the
court has issued an order of forfeiture of the
monetary instrument or property subject of a money
laundering offense defined under Section 4, and
said order cannot be enforced because any
particular monetary instrument or property cannot,
with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value
or otherwise rendered worthless by any act or
omission, directly or indirectly, attributable to the
offender, or it has been concealed, removed,
converted or otherwise transferred to prevent the
same from being found or to avoid forfeiture
thereof, or it is located outside the Philippines or
has been placed or brought outside the jurisdiction
of the court, or it has been commingled with other
monetary instruments or property belonging to
either the offender himself or a third person or
entity, thereby rendering the same difficult to
identify or be segregated for purposes of forfeiture,
the court may, instead of enforcing the order of
forfeiture of the monetary instrument or property or
part thereof or interest therein, accordingly order
the convicted offender to pay an amount equal to
the value of said monetary instrument or property.
This provision shall apply in both civil and criminal
forfeiture.
Section 13. Mutual Assistance among States. –
(a) Request for Assistance from a Foreign State.
– Where a foreign State makes a request for
assistance in the investigation or prosecution of a
money laundering offense, the AMLC may execute
the request or refuse to execute the same and
inform the foreign State of any valid reason for not
executing the request or for delaying the execution
thereof. The principles of mutuality and reciprocity
shall, for this purpose, be at all times recognized.
(b) Power of the AMLC to Act on a Request for
Assistance from a Foreign State. – The AMLC
may execute a request for assistance from a
foreign State by: (1) tracking down, freezing,
restraining and seizing assets alleged to be
proceeds of any unlawful activity under the
procedures laid down in this Act; (2) giving
information needed by the foreign State within the
procedures laid down in this Act; and (3) applying
for an order of forfeiture of any monetary instrument
or property in the court: Provided, That the court
shall not issue such an order unless the application
is accompanied by an authenticated copy of the
order of a court in the requesting State ordering the
forfeiture of said monetary instrument or properly of
a person who has been convicted of a money
laundering offense in the requesting State, and a
certification of an affidavit of a competent officer of
the requesting State stating that the conviction and
the order of forfeiture are final and then no further
appeal lies in respect or either.
(c) Obtaining Assistance from Foreign States. –
The AMLC may make a request to any foreign
State for assistance in (1) tracking down, freezing,
restraining and seizing assets alleged to be
18
proceeds of any unlawful activity; (2) obtaining
information that it needs relating to any covered
transaction, money laundering offense or any other
matter directly or indirectly, related thereto; (3) to
the extent allowed by the law of the Foreign State,
applying with the proper court therein for an order
to enter any premises belonging to or in the
possession or control of, any or all of the persons
named in said request, and/or search any or all
such persons named therein and/or remove any
document, material or object named in said
request: Provided, That the documents
accompanying the request in support of the
application have been duly authenticated in
accordance with the applicable law or regulation of
the foreign State; and (4) applying for an order of
forfeiture of any monetary instrument or property in
the proper court in the foreign State: Provided, That
the request is accompanied by an authenticated
copy of the order of the regional trial court ordering
the forfeiture of said monetary instrument or
property of a convicted offender and an affidavit of
the clerk of court stating that the conviction and the
order of forfeiture are final and that no further
appeal lies in respect of either.
(d) Limitations on Request for Mutual
Assistance. – The AMLC may refuse to comply
with any request for assistance where the action
sought by the request contravenes any provision of
the Constitution or the execution of a request is
likely to prejudice the national interest of the
Philippines unless there is a treaty between the
Philippines and the requesting State relating to the
provision of assistance in relation to money
laundering offenses.
(e) Requirements for Requests for Mutual
Assistance from Foreign State. – A request for
mutual assistance from a foreign State must (1)
confirm that an investigation or prosecution is being
conducted in respect of a money launderer named
therein or that he has been convicted of any money
laundering offense; (2) state the grounds on which
any person is being investigated or prosecuted for
money laundering or the details of his conviction;
(3) gives sufficient particulars as to the identity of
said person; (4) give particulars sufficient to identity
any covered institution believed to have any
information, document, material or object which
may be of assistance to the investigation or
prosecution; (5) ask from the covered institution
concerned any information, document, material or
object which may be of assistance to the
investigation or prosecution; (6) specify the manner
in which and to whom said information, document,
material or object detained pursuant to said
request, is to be produced; (7) give all the
particulars necessary for the issuance by the court
in the requested State of the writs, orders or
processes needed by the requesting State; and (8)
contain such other information as may assist in the
execution of the request.
(f) Authentication of Documents. – For purposes
of this Section, a document is authenticated if the

same is signed or certified by a judge, magistrate or
equivalent officer in or of, the requesting State, and
authenticated by the oath or affirmation of a witness
or sealed with an official or public seal of a minister,
secretary of State, or officer in or of, the
government of the requesting State, or of the
person administering the government or a
department of the requesting territory, protectorate
or colony. The certificate of authentication may also
be made by a secretary of the embassy or legation,
consul general, consul, vice consul, consular agent
or any officer in the foreign service of the
Philippines stationed in the foreign State in which
the record is kept, and authenticated by the seal of
his office.
(g) Extradition. – The Philippines shall negotiate
for the inclusion of money laundering offenses as
herein defined among extraditable offenses in all
future treaties.
Section 14. Penal Provisions. –
(a) Penalties for the Crime of Money
Laundering. The penalty of imprisonment ranging
from seven (7) to fourteen (14) years and a fine of
not less than Three million Philippine pesos (Php
3,000,000.00) but not more than twice the value of
the monetary instrument or property involved in the
offense, shall be imposed upon a person convicted
under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven
(7) years and a fine of not less than One million five
hundred thousand Philippine pesos (Php
1,500,000.00) but not more than Three million
Philippine pesos (Php 3,000,000.00), shall be
imposed upon a person convicted under Section
4(b) of this Act.
The penalty of imprisonment from six (6) months to
four (4) years or a fine of not less than One
hundred thousand Philippine pesos (Php
100,000.00) but not more than Five hundred
thousand Philippine pesos (Php 500,000.00), or
both, shall be imposed on a person convicted under
Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. The
penalty of imprisonment from six (6) months to one
(1) year or a fine of not less than One hundred
thousand Philippine pesos (Php 100,000.00) but
not more than Five hundred thousand Philippine
pesos (Php 500,000.00), or both, shall be imposed
on a person convicted under Section 9(b) of this
Act.
(c) Malicious Reporting. Any person who, with
malice, or in bad faith, report or files a completely
unwarranted or false information relative to money
laundering transaction against any person shall be
subject to a penalty of six (6) months to four (4)
years imprisonment and a fine of not less than One
hundred thousand Philippine pesos (Php
100,000.00) but not more than Five hundred
thousand Philippine pesos (Php 500,000.00), at the
discretion of the court: Provided, That the offender
is not entitled to avail the benefits of the Probation
Law.
19
If the offender is a corporation, association,
partnership or any juridical person, the penalty shall
be imposed upon the responsible officers, as the
case may be, who participated in the commission of
the crime or who shall have knowingly permitted or
failed to prevent its commission. If the offender is a
juridical person, the court may suspend or revoke
its license. If the offender is an alien, he shall, in
addition to the penalties herein prescribed, be
deported without further proceedings after serving
the penalties herein prescribed. If the offender is a
public official or employee, he shall, in addition to
the penalties prescribed herein, suffer perpetual or
temporary absolute disqualification from office, as
the case may be;
Any public official or employee who is called upon
to testify and refuses to do the same or purposely
fails to testify shall suffer the same penalties
prescribed herein.
(d) Breach of Confidentiality. The punishment of
imprisonment ranging from three (3) to eight (8)
years and a fine of not less than Five hundred
thousand Philippine pesos (Php 500,000.00) but
not more than One million Philippine pesos (Php
1,000,000.00), shall be imposed on a person
convicted for a violation under Section 9(c).
Section 15. System of Incentives and Rewards. – A system
of special incentives and rewards is hereby established to be
given to the appropriate government agency and its
personnel that led and initiated an investigation, prosecution
and conviction of persons involved in the offense penalized
in Section 4 of this Act.
Section 16. Prohibitions Against Political Harassment. –
This Act shall not be used for political prosecution or
harassment or as an instrument to hamper competition in
trade and commerce.
No case for money laundering may be filed against and no
assets shall be frozen, attached or forfeited to the prejudice
of a candidate for an electoral office during an election
period.
Section 17. Restitution. – Restitution for any aggrieved party
shall be governed by the provisions of the New Civil Code.
Section 18. Implementing Rules and Regulations. – Within
thirty (30) days from the effectivity of this Act, the Bangko
Sentral ng Pilipinas, the Insurance Commission and the
Securities and Exchange Commission shall promulgate the
rules and regulations to implement effectivity the provisions
of this Act. Said rules and regulations shall be submitted to
the Congressional Oversight Committee for approval.
Covered institutions shall formulate their respective money
laundering prevention programs in accordance with this Act
including, but not limited to, information dissemination on
money laundering activities and its prevention, detection and
reporting, and the training of responsible officers and
personnel of covered institutions.
Section 19. Congressional Oversight Committee. – There is
hereby created a Congressional Oversight Committee

composed of seven (7) members from the Senate and seven
(7) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate
President based on the proportional representation of the
parties or coalitions therein with at least two (2) Senators
representing the minority. The members from the House of
Representatives shall be appointed by the Speaker also
based on proportional representation of the parties or
coalitions therein with at least two (2) members representing
the minority.
The Oversight Committee shall have the power to
promulgate its own rules, to oversee the implementation of
this Act, and to review or revise the implementing rules
issued by the Anti-Money Laundering Council within thirty
(30) days from the promulgation of the said rules.
Section 20. Appropriations Clause. – The AMLC shall be
provided with an initial appropriation of Twenty-five million
Philippine pesos (Php 25,000,000.00) to be drawn from the
national government. Appropriations for the succeeding
years shall be included in the General Appropriations Act.
Section 21. Separability Clause. – If any provision or section
of this Act or the application thereof to any person or
circumstance is held to be invalid, the other provisions or
sections of this Act, and the application of such provision or
section to other persons or circumstances, shall not be
affected thereby.
Section 22. Repealing Clause. – All laws, decrees,
executive orders, rules and regulations or parts thereof,
including the relevant provisions of Republic Act No. 1405,
as amended; Republic Act No. 6426, as amended; Republic
Act No. 8791, as amended and other similar laws, as are
inconsistent with this Act, are hereby repealed, amended or
modified accordingly.
Section 23. Effectivity. – This Act shall take effect fifteen
(15) days after its complete publication in the Official Gazette
or in at least two (2) national newspapers of general
circulation.
20
REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF
INITIATION RITES IN FRATERNITIES, SORORITIES, AND
OTHER ORGANIZATIONS AND PROVIDING PENALTIES
THEREFOR
Section 1. Hazing, as used in this Act, is an initiation rite or
practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and
other similar tasks or activities or otherwise subjecting him to
physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed
Forces of the Philippines, Philippine National Police,
Philippine Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training. The
physical, mental and psychological testing and training
procedure and practices to determine and enhance the
physical, mental and psychological fitness of prospective
regular members of the Armed Forces of the Philippines and
the Philippine National Police as approved ny the Secretary
of National Defense and the National Police Commission
duly recommended by the Chief of Staff, Armed Forces of
the Philippines and the Director General of the Philippine
National Police shall not be considered as hazing for the
purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner
by a fraternity, sorority or organization shall be allowed
without prior written notice to the school authorities or head
of organization seven (7) days before the conduct of such
initiation. The written notice shall indicate the period of the
initiation activities which shall not exceed three (3) days,
shall include the names of those to be subjected to such
activities, and shall further contain an undertaking that no
physical violence be employed by anybody during such
initiation rites.
Section 3. The head of the school or organization or their
representatives must assign at least two (2) representatives
of the school or organization, as the case may be, to be
present during the initiation. It is the duty of such
representative to see to it that no physical harm of any kind
shall be inflicted upon a recruit, neophyte or applicant.
Section 4. If the person subjected to hazing or other forms
of initiation rites suffers any physical injury or dies as a result
thereof, the officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm shall be liable as principals. The person or
persons who participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life
imprisonment) if death, rape, sodomy or mutilation
results there from.
2. The penalty of reclusion temporal in its maximum
period (17 years, 4 months and 1 day to 20 years) if
in consequence of the hazing the victim shall
become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium
period (14 years, 8 months and one day to 17 years
and 4 months) if in consequence of the hazing the

victim shall have lost the use of speech or the
power to hear or to smell, or shall have lost an eye,
a hand, a foot, an arm or a leg or shall have lost the
use of any such member shall have become
incapacitated for the activity or work in which he
was habitually engaged.
4. The penalty of reclusion temporal in its minimum
period (12 years and one day to 14 years and 8
months) if in consequence of the hazing the victim
shall become deformed or shall have lost any other
part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the
performance on the activity or work in which he was
habitually engaged for a period of more than ninety
(90) days.
5. The penalty of prison mayor in its maximum
period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period
(8 years and one day to 10 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
for a period of ten (10) days or more, or that the
injury sustained shall require medical assistance for
the same period.
7. The penalty of prison mayor in its minimum
period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
from one (1) to nine (9) days, or that the injury
sustained shall require medical assistance for the
same period.
8. The penalty of prison correccional in its
maximum period (4 years, 2 months and one day to
6 years) if in consequence of the hazing the victim
sustained physical injuries which do not prevent
him from engaging in his habitual activity or work
nor require medical attendance.
The responsible officials of the school or of the police,
military or citizen's army training organization, may impose
the appropriate administrative sanctions on the person or the
persons charged under this provision even before their
conviction. The maximum penalty herein provided shall be
imposed in any of the following instances:
(a) when the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the person
of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially
consents to join but upon learning that hazing will
be committed on his person, is prevented from
quitting;
(c) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the
proper school authorities, or to the police
authorities, through force, violence, threat or
intimidation;
21
(d) when the hazing is committed outside of the
school or institution; or
(e) when the victim is below twelve (12) years of
age at the time of the hazing.
The owner of the place where hazing is conducted shall be
liable as an accomplice, when he has actual knowledge of
the hazing conducted therein but failed to take any action to
prevent the same from occurring. If the hazing is held in the
home of one of the officers or members of the fraternity,
group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing
conducted therein but failed to take any action to prevent the
same from occurring.
The school authorities including faculty members who
consent to the hazing or who have actual knowledge thereof,
but failed to take any action to prevent the same from
occurring shall be punished as accomplices for the acts of
hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization,
group, fraternity or sorority who actually planned the hazing
although not present when the acts constituting the hazing
were committed shall be liable as principals. A fraternity or
sorority's adviser who is present when the acts constituting
the hazing were committed and failed to take action to
prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he
prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled
to the mitigating circumstance that there was no intention to
commit so grave a wrong.
This section shall apply to the president, manager, director
or other responsible officer of a corporation engaged in
hazing as a requirement for employment in the manner
provided herein.
Section 5. If any provision or part of this Act is declared
invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are
inconsistent with or contrary to the provisions of this Act are
hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar
days after its publication in at least two (2) national
newspapers of general circulation.

Republic Act No. 8353 September 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME
OF RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS, AMENDING FOR THE PURPOSE
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, 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-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime
of rape shall hereafter be classified as a Crime Against
Persons under Title Eight of Act No. 3815, as amended,
otherwise known as the Revised Penal Code. Accordingly,
there shall be incorporated into Title Eight of the same Code
a new chapter to be known as Chapter Three on Rape, to
read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. -
Rape is committed:
"1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of
reason or otherwise unconscious;
"c) By means of fraudulent machination or
grave abuse of authority; and
"d) When the offended party is under
twelve (12) years of age or is demented,
even though none of the circumstances
mentioned above be present.
"2) By any person who, under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting
his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital
or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1
of the next preceding article shall be punished by
reclusion perpetua.
"Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape,
the victim has become insane, the penalty shall
become reclusion perpetua to death.
"When the rape is attempted and a homicide is
committed by reason or on the occasion thereof,
the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be death.
22
"The death penalty shall also be imposed if the
crime of rape is committed with any of the following
aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of
age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or
affinity within the third civil degree, or the common-
law spouse of the parent of the victim;
"2) When the victim is under the custody of the
police or military authorities or any law enforcement
or penal institution;
"3) When the rape is committed in full view of the
spouse, parent, any of the children or other
relatives within the third civil degree of
consanguinity;
"4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender before
or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years
old;
"6) When the offender knows that he is afflicted with
the Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome
(AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed
Forces of the Philippines or para-military units
thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate
the commission of the crime;
"8) When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability;
"9) When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime; and
"10) When the offender knew of the mental
disability, emotional disorder and/or physical
handicap of the offended party at the time of the
commission of the crime.
"Rape under paragraph 2 of the next preceding
article shall be punished by prision mayor.
"Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion
temporal.
"When by reason or on the occasion of the rape,
the victim has become insane, the penalty shall be
reclusion temporal.
"When the rape is attempted and a homicide is
committed by reason or on the occasion thereof,
the penalty shall be reclusion temporal to reclusion
perpetua.
"When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be
reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/
qualifying circumstances mentioned in this article.
 23

"Article 266-C. Effect of Pardon. - The subsequent

valid marriage between the offended party shall
extinguish the criminal action or the penalty
imposed.

"In case it is the legal husband who is the offender,

the subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action
or the penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if
the marriage is void ab initio.

"Article 266-D. Presumptions. - Any physical overt

act manifesting resistance against the act of rape in
any degree from the offended party, or where the
offended party is so situated as to render her/him
incapable of giving valid consent, may be accepted
as evidence in the prosecution of the acts punished
under Article 266-A."

Section 3. Separability Clause. - If any part, Sec., or

provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain
valid.

Section 4. Repealing Clause. - Article 336 of Act No. 3815,

as amended, and all laws, acts, presidential decrees,
executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed
accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15)

days after completion of its publication in two (2)
newspapers of general circulation.