PRESIDENTIAL DECREE No. 1613
Any plantation, farm, pastureland, growing
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence
agencies of the government reveal that fires and
other crimes involving destruction in Metro Manila and
other urban centers in the country are being
perpetrated by criminal syndicates, some of which
have foreign connections;
WHEREAS, the current law on arson suffers from
certain inadequacies that impede the successful
enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of
fires and other crimes involving destruction be
prevented to protect the national economy and
preserve the social, economic and political stability of
the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree as part of the law of the land, the following:
Section 1. Arson. Any person who burns or sets fire
to the property of another shall be punished by Prision
Mayor.
The same penalty shall be imposed when a person
sets fire to his own property under circumstances
which expose to danger the life or property of another.
Section 2. Destructive Arson. The penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property
burned is any of the following:
1. Any ammunition factory and other
establishment where explosives, inflammable
or combustible materials are stored.
2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other
building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4. Any building where evidence is kept for use
in any legislative, judicial, administrative or
other official proceedings.
5. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie
house or any similar place or building.
6. Any building, whether used as a dwelling or
not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;
4.
crop, grain field, orchard, bamboo grove or
forest;
4. Any rice mill, sugar mill, cane mill or mill
central; and
5. Any railway or bus station, airport, wharf or
warehouse.
Section 4. Special Aggravating Circumstances in
Arson. The penalty in any case of arson shall be
imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or more
persons.
Section 5. Where Death Results from Arson. If by
reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death
shall be imposed.
1
Anti child pornography act
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
Section 4. Unlawful or Prohibited Acts. - It shall be
unlawful for any person:
(2) computer-generated, digitally or
manually crafted images or graphics of a
person who is represented or who is
made to appear to be a child as defined
herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or
simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
(6) use of any object or instrument for
lascivious acts
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create
any form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a
child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall be
committed when two (2) or more persons come
to an agreement concerning the commission of
any of the said prohibited acts and decide to
commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime
of child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one
another and shall be punished under Section 15(a) of
this Act.
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3
ANTI-FENCING LAW OF 1979
Section 2. Definition of Terms. The following terms
shall mean as follows:
(a) "Fencing" is the act of any person who, with
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item,
object or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of the crime of robbery or
theft.
(b) "Fence" includes any person, firm,
association corporation or partnership or other
organization who/which commits the act of
fencing.
Section 5. Presumption of Fencing. Mere possession
of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery
shall be prima facie evidence of fencing.
likely to adversely affect the physical and
psychological health of such recruit, neophyte,
applicant, or member. This shall also include any
activity, intentionally made or otherwise, by one
person alone or acting with others, that tends to
humiliate or embarrass, degrade, abuse, or endanger,
by requiring a recruit, neophyte, applicant, or member
to do menial, silly, or foolish tasks.
"(b) Initiation or Initiation Rites refer to ceremonies,
practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in
order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes
ceremonies practices , rituals, and other acts in all
stages of membership in a fraternity, sorority, or
organization.
"(c) Organization refers to an organized body of
people which includes, but it is not limited to, any
club, association, group, fraternity, and sorority. This
term shall include the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), the
Philippine Miltary Academy (PMA), the Philippine
National Police Academy (PNPA), and other similar
uniformed service learning institutions.
physical, mental, and practices to determine and
enhance the physical, mental, and psychological
fitness of prospective regular members of the AFP and
the PNP as approved by the Secretary of National
Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and
Director General of the PNP, shall not be considered
as hazing purposes of this Act: Provided, further, That
the exemption provided herein shall likewise apply to
similar procedures and practices approved by the
respective heads of other uniformed learning
institutions as to their prospective members, nor shall
this provision apply to any customary athletic events
or other similar contests or competitions or any
activity or conduct that furthers a legal and legitimate
objective, subject to prior submission of a medical
clearance or certificate.
"In no case shall hazing be made a requirement for
employment in any business or corporation."

"Anti-Hazing Act of 2018".
"Section 2. Definition of Terms. - As used in this Act:
"(a) Hazing refers to any act that results in physical or
psychological suffering, harm, or injury inflicted on a
recruit, neophyte, applicant, or member as part of an
initiation rite or practice made as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, sorority, or organization
including, but not limited to paddling, whipping,
beating, branding, forced calisthenics, exposure to the
weather, forced consumption of any food, liquor,
beverage, drug or other substance, or any other
brutal treatment or forced physical activity which is
"(d) Schools refer to colleges, universities, and other
educational institutions."
Section 3. A new section to be denominated as
Section 3 is hereby inserted in the same Act to readas
follows:
Sec. 3. Prohibition on Hazing. - All forms of hazing
shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military
training and citizens' army training. This prohibition
shall likewise apply to all other fraternities, sororities,
and organizations that are not school-based, such as
community-based and other similar fraternities,
sororities and organizations: Provide, That the
4

REPUBLIC ACT No. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL
TO CIVIL AVIATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person to
compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are
closed following embarkation until any of such doors
is opened for disembarkation.
Section 3. It shall be unlawful for any person, natural
or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the
Philippines, and explosive, flammable, corrosive or
poisonous substance or material.
Anti-Photo and Video Voyeurism Act of 2009".
Section 3. Definition of Terms. - For purposes of this
Act, the term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means
to videotape, photograph, film, record by any
means, or broadcast.
(d) "Photo or video voyeurism" means the act
of taking photo or video coverage of a person
or group of persons performing sexual act or
any similar activity or of capturing an image of
the private area of a person or persons without
the latter's consent, under circumstances in
which such person/s has/have a reasonable
expectation of privacy, or the act of selling, sexual act, whether it be the original copy or
copying, reproducing, broadcasting, sharing, reproduction thereof; or
showing or exhibiting the photo or video
coverage or recordings of such sexual act or (d) To publish or broadcast, or cause to be
similar activity through VCD/DVD, internet, published or broadcast, whether in print or
cellular phones and similar means or device broadcast media, or show or exhibit the photo
without the written consent of the person/s or video coverage or recordings of such sexual
involved, notwithstanding that consent to act or any similar activity through VCD/DVD,
record or take photo or video coverage of same internet, cellular phones and other similar
was given by such person's. means or device.
The prohibition under paragraphs (b), (c) and (d) shall
(f) "Under circumstances in which a person has a apply notwithstanding that consent to record or take
reasonable expectation of privacy" means believe that photo or video coverage of the same was given by
he/she could disrobe in privacy, without being such person/s. Any person who violates this provision
concerned that an image or a private area of the shall be liable for photo or video voyeurism as defined
person was being captured; or circumstances in which herein.
a reasonable person would believe that a private area
of the person would not be visible to the public,
regardless of whether that person is in a public or
private place.
Section 4. Prohibited Acts. - It is hereby prohibited
and declared unlawful for any person:
(a) To take photo or video coverage of a person
or group of persons performing sexual act or
any similar activity or to capture an image of
the private area of a person/s such as the
naked or undergarment clad genitals, public
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s has/have
a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or video or
recording of sexual act or any similar activity
with or without consideration;
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
5
ANTI-GRAFT LAW
Section 3. Corrupt practices of public officers. In
addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing another
public officer to perform :
1. an act constituting a violation of rules and
regulations duly promulgated by
competent authority or
2. an offense in connection with the official
duties of the latter, or
allowing himself to be persuaded, induced, or
influenced to commit such violation or
offense.
(b) Demanding or requesting
Requesting
Demanding, requesting, and receiving any
gift, present, share , percentage, or benefit for
oneself or for any other person, in connection
with any contract/transaction between the
government and any other party, wherein a
public officer in an official capacity has to
intervene under the law.
(c) giving unwarranted benefit, preference or
advantage
(d) Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party,
including the Government, or giving any private
party any unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions through
manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply
to officers and employees of offices or
government corporations charged with the grant
of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same, whether or
not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by
any law from having any interest.
(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel
or group to which they belong.
(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or by
him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
The person giving the gift, present, share, percentage or
benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging
or untimely release of the confidential information
referred to in subparagraph (k) of this section shall,
together with the offending public officer, be punished
under Section nine of this Act and shall be permanently
or temporarily disqualified in the discretion of the Court,
from transacting business in any form with the
Government.
6
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 -
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.
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 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the
Crime of Plunder) is hereby amended to read as follows:

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;
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who,
by himself or in connivance with 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 criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00) shall be
guilty of the crime of plunder and shall be punished by reclusion perpetua to
death. Any person who participated with the said public officer in the
commission of an offense contributing to the crime of plunder shall likewise
be punished for such offense. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating
circumstances, as provided by the Revised Penal Code, 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
stocks derived from the deposit or investment thereof forfeited in favor of the
State."

"Anti-Sexual Harassment Act of 1995."
Section 3. Work, Education or Training -Related,
Sexual Harassment Defined. - Work, education or
training-related sexual harassment is committed by
an employer, employee, manager, supervisor, agent
of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work
or training or education environment, demands,
requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request
or requirement for submission is accepted by the
object of said Act.

7
(a) In a work-related or employment
environment, sexual harassment is committed
when:
(1) The sexual favor is made as a
condition in the hiring or in the
employment, re-employment or
continued employment of said
individual, or in granting said individual
favorable compensation, terms of
conditions, promotions, or privileges; or
the refusal to grant the sexual favor
results in limiting, segregating or
classifying the employee which in any
way would discriminate, deprive
ordiminish employment opportunities or
otherwise adversely affect said
"Anti-Torture Act of 2009".
employee;
Section 3. Definitions. - For purposes of this Act, the
(2) The above acts would impair the
following terms shall mean:
employee's rights or privileges under
existing labor laws; or
(3) The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training environment,
sexual harassment is committed:
(1) Against one who is under the care,
custody or supervision of the offender;
(2) Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a
condition to the giving of a passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges, or consideration; or
(4) When the sexual advances result in
an intimidating, hostile or offensive
environment for the student, trainee or
apprentice.
Any person who directs or induces another to
commit any act of sexual harassment as herein
defined, or who cooperates in the commission
thereof by another without which it would not
have been committed, shall also be held liable
under this Act.
(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 a person in authority or agent of a
person in authority against a person under
his/her custody, which attains a level of
severity causing suffering, gross humiliation or
debasement to the latter.
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,
8
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 (11) Deliberately prohibiting the victim
committed by a person in authority or agent of to communicate with any member of
a person in authority which are calculated to his/her family; and
affect or confuse the mind and/or undermine a
person's dignity and morale, such as: (12) Other analogous acts of
mental/psychological torture.
(1) Blindfolding;
Section 5. Other Cruel, Inhuman and Degrading
(2) Threatening a person(s) or his/fher Treatment or Punishment. - Other cruel, inhuman or
relative(s) with bodily harm, execution degrading treatment or punishment refers to a
or other wrongful acts; deliberate and aggravated treatment or punishment
not enumerated under Section 4 of this Act, inflicted
(3) Confinement in solitary cells or by a person in authority or agent of a person in
secret detention places; authority against another person in custody, which
attains a level of severity sufficient to cause suffering,
(4) Prolonged interrogation; 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
(5) Preparing a prisoner for a "show
trial", public display or public humiliation of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion,
of a detainee or prisoner;
age and state of health of the victim.
(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;
9
"Anti-Trafficking in Persons Act of 2003".
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or without
the victim's consent or knowledge, within or
across national borders by means of threat or
use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or
of position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve
the consent of a person having control over
another person for the purpose of exploitation
which includes at a minimum, the exploitation
or the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of
organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose
of exploitation shall also be considered as
"trafficking in persons" even if it does not
involve any of the means set forth in the
preceding paragraph.
(b) Child - refers to a person below eighteen
(18) years of age or one who is over eighteen
(18) but is unable to fully take care of or
protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because
of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction,
scheme or design involving the use of a person
by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any
other consideration.
(d) Forced Labor and Slavery - refer to the
extraction of work or services from any person
by means of enticement, violence, intimidation
or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized
by travel and tourism-related establishments
and individuals which consists of tourism
packages or activities, utilizing and offering
escort and sexual services as enticement for
tourists. This includes sexual services and
practices offered during rest and recreation
periods for members of the military.
(f) Sexual Exploitation - refers to participation
by a person in prostitution or the production of
pornographic materials as a result of being
subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim's
vulnerability.
(g) Debt Bondage - refers to the pledging by
the debtor of his/her personal services or labor
or those of a person under his/her control as
security or payment for a debt, when the
length and nature of services is not clearly
defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation,
through publication, exhibition,
cinematography, indecent shows, information
technology, or by whatever means, of a person
engaged in real or simulated explicit sexual
activities or any representation of the sexual
parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency
Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means,
including those done under the pretext of
domestic or overseas employment or training
or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or
material, economic or other consideration, any
person or, as provided for under Republic Act
No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or
debt bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
10
 (f) To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation
for the purpose of removal or sale of organs of
said person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
abroad.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried
out by a group of three (3) or more persons
conspiring or confederating with one another. It
is deemed committed in large scale if
committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the
military or law enforcement agencies; and
(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is
afflicted w
"Anti-Violence Against Women and Their Children Act
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their
children" refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom he
has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which result in or is
likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It
includes, but is not limited to, the following
acts:
A. "Physical Violence" refers to acts that
include bodily or physical harm;
B. "Sexual violence" refers to an act
which is sexual in nature, committed
against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment, acts
of lasciviousness, treating a
woman or her child as a sex
object, making demeaning and
sexually suggestive remarks,
physically attacking the sexual
parts of the victim's body, forcing
her/him to watch obscene
publications and indecent shows
or forcing the woman or her child
to do indecent acts and/or make
films thereof, forcing the wife and
mistress/lover to live in the
conjugal home or sleep together
in the same room with the
abuser;
b) acts causing or attempting to
cause the victim to engage in any
sexual activity by force, threat of
force, physical or other harm or
threat of physical or other harm
or coercion;
c) Prostituting the woman or
child.
C. "Psychological violence" refers to acts
or omissions causing or likely to cause
mental or emotional suffering of the
victim such as but not limited to
intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the
physical, sexual or psychological abuse
of a member of the family to which the
victim belongs, or to witness
pornography in any form or to witness
abusive injury to pets or to unlawful or
unwanted deprivation of the right to
11
 custody and/or visitation of common
children.
D. "Economic abuse" refers to acts that
make or attempt to make a woman
financially dependent which includes,
but is not limited to the following:
1. withdrawal of financial support
or preventing the victim from
engaging in any legitimate
profession, occupation, business
or activity, except in cases
wherein the other spouse/partner
objects on valid, serious and
moral grounds as defined in
Article 73 of the Family Code;
2. deprivation or threat of
deprivation of financial resources
and the right to the use and
enjoyment of the conjugal,
community or property owned in
common;
3. destroying household
property;
4. controlling the victims' own
money or properties or solely
controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her child
resulting to the physical and psychological or
emotional distress.
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse.
(d) "Stalking" refers to an intentional act
committed by a person who, knowingly and
without lawful justification follows the woman
or her child or places the woman or her child
under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation
wherein the parties live as husband and wife
without the benefit of marriage or are
romantically involved over time and on a
continuing basis during the course of the
relationship. A casual acquaintance or ordinary
socialization between two individuals in a
business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual
act which may or may not result in the bearing
of a common child.
(g) "Safe place or shelter" refers to any home
or institution maintained or managed by the
Department of Social Welfare and Development
(DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the
purposes of this Act or any other suitable place
the resident of which is willing temporarily to
receive the victim.
(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable of
taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim
and other children under her care.
SECTION 5. Acts of Violence Against Women and
Their Children.- The crime of violence against women
and their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her
child;
(b) Threatening to cause the woman or her
child physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct which
the woman or her child has the right to desist
from or desist from conduct which the woman
or her child has the right to engage in, or
attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force, physical
or other harm or threat of physical or other
harm, or intimidation directed against the
woman or child. This shall include, but not
limited to, the following acts committed with
the purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive
the woman or her children of financial
support legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
12
 (3) Depriving or threatening to deprive
the woman or her child of a legal right;
(4) Preventing the woman in engaging in
any legitimate profession, occupation,
business or activity or controlling the
victim's own mon4ey or properties, or
solely controlling the conjugal or
common money, or properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the woman
or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or her
child or her/his immediate family;
(h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but not
be limited to, the following acts:
(1) Stalking or following the woman or
her child in public or private places;
(2) Peering in the window or lingering
outside the residence of the woman or
her child;
(3) Entering or remaining in the dwelling
or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals
or pets of the woman or her child; and
(5) Engaging in any form of harassment
or violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
of access to the woman's child/children.
SECTION 26. Battered Woman Syndrome as a
Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome
do not incur any criminal and civil liability
notwithstanding the absence of any of the elements
for justifying circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the crime,
the courts shall be assisted by expert psychiatrists/
psychologists.
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING
AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.
Section 1. Checks without sufficient funds. - Any
person who makes or draws and issues any check to
apply on account or for value, knowing at the time of
issue that he does not have sufficient funds in or
credit with the drawee bank for the payment of such
check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop
payment, shall be punished by imprisonment of not
less than thirty days but not more than one (1) year or
by a fine of not less than but not more than double
the amount of the check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such
fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person
who, having sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to maintain
a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the
date appearing thereon, for which reason it is
dishonored by the drawee bank.
Where the check is drawn by a corporation, company
or entity, the person or persons who actually signed
the check in behalf of such drawer shall be liable
under this Act.
"Comprehensive Dangerous Drugs Act of 2002".
Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of
life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to
another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of
13
opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such
transactions.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall
act as a broker in such transactions.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty
shall be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug
and/or a controlled precursor and essential chemical
involved in any offense herein provided be the
proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section
shall be imposed.
The maximum penalty provided for under this Section
shall be imposed upon any person who organizes,
manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging
from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions
under this Section.
Section 11. Possession of Dangerous Drugs. - The
penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug
in the following quantities, regardless of the degree of
purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or
marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs
such as, but not limited to,
methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs
and their derivatives, without having any
therapeutic value or if the quantity possessed
is far beyond therapeutic requirements, as
determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the
foregoing quantities, the penalties shall be graduated
as follows:
(1) Life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if
the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or
more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one
(1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous
drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin,
cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs
and their derivatives, without having any
therapeutic value or if the quantity possessed
is far beyond therapeutic requirements; or
three hundred (300) grams or more but less
than five (hundred) 500) grams of marijuana;
and
(3) Imprisonment of twelve (12) years and one
(1) day to twenty (20) years and a fine ranging
14
 from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous
drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives,
without having any therapeutic value or if the
quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300)
grams of marijuana.
Section 15. Use of Dangerous Drugs. – A person
apprehended or arrested, who is found to be positive
for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six
(6) months rehabilitation in a government center for
the first offense, subject to the provisions of Article
VIII of this Act. If apprehended using any dangerous
drug for the second time, he/she shall suffer the
penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to
have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this
Act, in which case the provisions stated therein shall
apply.
Section 21. Custody and Disposition of Confiscated,
Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors
and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered,
for proper disposition in the following manner:
(1) The apprehending team having initial
custody and control of the drugs shall,
immediately after seizure and confiscation,
physically inventory and photograph the same
in the presence of the accused or the person/s
from whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the
Department of Justice (DOJ), and any elected
public official who shall be required to sign the
copies of the inventory and be given a copy
thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
(3) A certification of the forensic laboratory
examination results, which shall be done under
oath by the forensic laboratory examiner, shall
be issued within twenty-four (24) hours after
the receipt of the subject item/s: Provided, That
when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled
precursors and essential chemicals does not
allow the completion of testing within the time
frame, a partial laboratory examination report
shall be provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided,
however, That a final certification shall be
issued on the completed forensic laboratory
examination on the same within the next
twenty-four (24) hours;
(4) After the filing of the criminal case, the
Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the
confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential
chemicals, including the
instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with
the destruction or burning of the same, in the
presence of the accused or the person/s from
whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the DOJ,
civil society groups and any elected public
official. The Board shall draw up the guidelines
on the manner of proper disposition and
destruction of such item/s which shall be borne
by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board,
shall be donated, used or recycled for
legitimate purposes: Provided, further, That a
representative sample, duly weighed and
recorded is retained;
(5) The Board shall then issue a sworn
certification as to the fact of destruction or
burning of the subject item/s which, together
with the representative sample/s in the custody
of the PDEA, shall be submitted to the court
having jurisdiction over the case. In all
instances, the representative sample/s shall be
kept to a minimum quantity as determined by
the Board;
(6) The alleged offender or his/her
representative or counsel shall be allowed to
personally observe all of the above
15
 proceedings and his/her presence shall not
constitute an admission of guilt. In case the
said offender or accused refuses or fails to
appoint a representative after due notice in
writing to the accused or his/her counsel within
seventy-two (72) hours before the actual
burning or destruction of the evidence in
question, the Secretary of Justice shall appoint
a member of the public attorney's office to
represent the former;
(7) After the promulgation and judgment in the
criminal case wherein the representative
sample/s was presented as evidence in court,
the trial prosecutor shall inform the Board of
the final termination of the case and, in turn,
shall request the court for leave to turn over
the said representative sample/s to the PDEA
for proper disposition and destruction within
twenty-four (24) hours from receipt of the
same; and
(8) Transitory Provision: a) Within twenty-four
(24) hours from the effectivity of this Act,
dangerous drugs defined herein which are
presently in possession of law enforcement
agencies shall, with leave of court, be burned
or destroyed, in the presence of
representatives of the Court, DOJ, Department
of Health (DOH) and the accused/and or his/her
counsel, and, b) Pending the organization of
the PDEA, the custody, disposition, and burning
or destruction of seized/surrendered dangerous
drugs provided under this Section shall be
implemented by the DOH.
"Comprehensive Firearms and Ammunition Regulation
Act".
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 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
16
 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.

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Cybercrime Prevention Act of 2012″.
Section 4. Cybercrime Offenses. — The following acts constitute the offense of
cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer
data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer
system without right.
(2) Illegal Interception. – The interception made by technical means
without right of any non-public transmission of computer data to, from,
or within a computer system including electromagnetic emissions from
a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration,
damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including the
introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless
hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of
the offenses under this Act; or
(bb) A computer password, access code, or similar data
by which the whole or any part of a computer system is
capable of being accessed with intent that it be used for
the purpose of committing any of the offenses under this
Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa)
or (bb) above with intent to use said devices for the purpose of
committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy reputation, and deprive
others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government agency
at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person
other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests
in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent that it
be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for the
purpose of perpetuating a fraudulent or dishonest design.
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 (2) Computer-related Fraud. — The unauthorized input, alteration, or
deletion of computer data or program or interference in the functioning
of a computer system, causing damage thereby with fraudulent
intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1)
degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical, without
right: Provided, That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a computer system, for favor
or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography Act
of 2009, committed through a computer system: Provided, That the
penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775. 1âwphi1
(3) Unsolicited Commercial Communications. — The transmission of
commercial electronic communication with the use of computer system
which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing
users, subscribers or customers; or
"Human Security Act of 2007."
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject.
receipt of further commercial electronic messages (opt-
out) from the same source;
(bb) The commercial electronic communication does not
purposely disguise the source of the electronic message;
and
(cc) The commercial electronic communication does not
purposely include misleading information in any part of
the message in order to induce the recipients to read the
message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article
355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in
the future.
Section 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who
willfully abets or aids in the commission of any of the offenses enumerated in
this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be held
liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, through and with the use of information
and communications technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
that provided for by the Revised Penal Code, as amended, and special laws, as the
case may be.
SEC. 3. Terrorism.- Any person who commits an act
punishable under any of the following provisions of
the Revised Penal Code:
19
a. Article 122 (Piracy in General and Mutiny in
the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts
committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal
Detention);
f. Article 324 (Crimes Involving Destruction), or
under
1. Presidential Decree No. 1613 (The
Law on Arson);
2. Republic Act No. 6969 (Toxic
Substances and Hazardous and Nuclear
Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic
Energy Regulatory and Liability Act of
1968);
4. Republic Act No. 6235 (Anti-Hijacking
Law);
5. Presidential Decree No. 532 (Anti-
Piracy and Anti-Highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as
amended (Decree Codifying the Laws on
Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or
Explosives)
thereby sowing and creating a condition of ten (10) years and one day to twelve (12) years of
widespread and extraordinary fear and panic among imprisonment.
the populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of the Notwithstanding the above paragraph, the penalties
crime of terrorism and shall suffer the penalty of forty prescribed for accessories shall not be imposed upon
(40) years of imprisonment, without the benefit of those who are such with respect to their spouses,
parole as provided for under Act No. 4103, otherwise ascendants, descendants, legitimate, natural, and
known as the Indeterminate Sentence Law, as adopted brothers and sisters, or relatives by affinity
amended. within the same degrees, with the single exception of
accessories falling within the provisions of
SEC. 4. Conspiracy to Commit Terrorism. - subparagraph (a).
Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of
imprisonment.
There is conspiracy when two or more persons come
to an agreement concerning the commission of the
crime of terrorism as defined in Section 3 hereof and
decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a
principal under Article 17 of the Revised Penal Code or
a conspirator as defined in Section 4 hereof,
cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by
previous or simultaneous acts shall suffer the penalty
of from seventeen (17) years, four months one day to
twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having
knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and
without having participated therein, either as principal
or accomplice under Articles 17 and 18 of the Revised
Penal Code, takes part subsequent to its commission
in any of the following manner: (a) by profiting himself
or assisting the offender to profit by the effects of the
crime; (b) by concealing or destroying the body of the
crime, or the effects, or instruments thereof, in order
to prevent its discovery; (c) by harboring, concealing,
or assisting in the escape of the principal or
conspirator of the crime, shall suffer the penalty of
20
“New Anti-Carnapping Act of 2016”.
Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with
intent to gain, of a motor vehicle belonging to another without the
latter’s consent, or by means of violence against or intimidation of
persons, or by using force upon things.
Any person who is found guilty of carnapping shall, regardless of
the value of the motor vehicle taken, be punished by imprisonment
for not less than twenty (20) years and one (1) day but not more
than thirty (30) years, when the carnapping is committed without
violence against or intimidation of persons, or force upon things;
and by imprisonment for not less than thirty (30) years and one (1)
day but not more than forty (40) years, when the carnapping is
committed by means of violence against or intimidation of
persons, or force upon things; and the penalty of life imprisonment
shall be imposed when the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the commission of the
carnapping.
Any person charged with carnapping or when the crime of
carnapping is committed by criminal groups, gangs or syndicates
or by means of violence or intimidation of any person or persons or
forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course
of the carnapping shall be denied bail when the evidence of guilt is
strong.
Sec. 4. Concealment of Carnapping. – Any person who conceals
carnapping shall be punished with imprisonment of six (6) years up
to twelve (12) years and a fine equal to theamount of the
acquisition cost of the motor vehicle, motor vehicle engine, or any
other part involved in the violation: Provided, That if the person
violating any provision of this Act is a juridical person, the penalty
herein provided shall be imposed on its president, secretary,
and/or members of the board of directors or any of its officers and
employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful
acts defined in this Act or is guilty of gross negligence of duty or
connives with or permits the commission of any of the said
unlawful acts shall, in addition to the penalty prescribed in the
preceding paragraph, be dismissed from the service, and his/her
benefits forfeited and shall be permanently disqualified from
holding public office.
PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION
AND PROSECUTION OF CRIMINAL OFFENDERS
Section 1. The penalty of prision correccional in its
maximum period, or a fine ranging from 1,000 to
6,000 pesos, or both, shall be imposed upon any
person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and
the investigation and prosecution of criminal cases by
committing any of the following acts:
(a) preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or
threats;
(b) altering, destroying, suppressing or
concealing any paper, record, document, or
object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any investigation of
or official proceedings in, criminal cases, or to
be used in the investigation of, or official
proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest prosecution
and conviction;
(d) publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment, or
concealing his true name and other personal
circumstances for the same purpose or
purposes;
(e) delaying the prosecution of criminal cases
by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record,
document, paper or object with knowledge of
its falsity and with intent to affect the course or
outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender;
(h) threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his family in
order to prevent such person from appearing in
the investigation of, or official proceedings in,
criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent
a person from appearing in the investigation of
or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the data
gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by
any other law with a higher penalty, the higher
penalty shall be imposed.
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"Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen
(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition;
Section 5. Child Prostitution and Other Sexual
Abuse. – Children, whether male or female, who for
money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution
and other sexual abuse.
The penalty of reclusion temporal in its medium
period to reclusion perpetua shall be imposed upon
the following:
(a) Those who engage in or promote, facilitate
or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child
prostitute;
(2) Inducing a person to be a client of a
child prostitute by means of written or
oral advertisements or other similar
means;
(3) Taking advantage of influence or
relationship to procure a child as
prostitute;
(4) Threatening or using violence
towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration goods
or other pecuniary benefit to a child with
intent to engage such child in
prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the
case may be: Provided, That the penalty for
lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage
therefrom, whether as manager or owner of the
establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a
cover or which engages in prostitution in
addition to the activity for which the license
has been issued to said establishment.
Section 10. Other Acts of Neglect, Abuse,
Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts
of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to
the child's development including those
covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer
the penalty of prision mayor in its minimum
period.
(b) Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period
and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall
not apply to any person who is related within
the fourth degree of consanguinity or affinity or
any bond recognized by law, local custom and
tradition or acts in the performance of a social,
moral or legal duty.
(c) Any person who shall induce, deliver or
offer a minor to any one prohibited by this Act
to keep or have in his company a minor as
provided in the preceding paragraph shall
suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however,
That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of
parental authority over the minor.
(d) Any person, owner, manager or one
entrusted with the operation of any public or
private place of accommodation, whether for
occupancy, food, drink or otherwise, including
residential places, who allows any person to
take along with him to such place or places any
minor herein described shall be imposed a
penalty of prision mayor in its medium period
22
 and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to
operate such a place or establishment.

(e) Any person who shall use, coerce, force or

intimidate a street child or any other child to;

(1) Beg or use begging as a means of

living;

(2) Act as conduit or middlemen in drug

trafficking or pushing; or

(3) Conduct any illegal activities, shall

suffer the penalty of prision correccional
in its medium period to reclusion
perpetua.

For purposes of this Act, the penalty for the

commission of acts punishable under Articles 248,
249, 262, paragraph 2, and 263, paragraph 1 of Act
No. 3815, as amended, the Revised Penal Code, for
the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively,
shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339,
340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified
seduction, acts of lasciviousness with the consent of
the offended party, corruption of minors, and white
slave trade, respectively, shall be one (1) degree
higher than that imposed by law when the victim is
under twelve (12) years age.

The victim of the acts committed under this section

shall be entrusted to the care of the Department of
Social Welfare and Development.

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