SYNDICATED CHILD PORNOGRAPHY: crime is deemed committed
ANTI-CHILD PORNOGRAPHY ACT by a syndicate if carried out by a group of 3 or more persons
CHILD: person below 18 or above 18 but is fully unable to take care
of himself from abuse, neglect, cruelty, exploitation and
discrimination because of a physical or mental disability or
condition. It also refers to:
1. One who is presented, depicted, or portrayed as a child
regardless of age
2. Computer generated/digital/manually crafted images
which represents or is made to appear as a child
CHILD PORNOGRAPHY (CP): any visual, audio, or written
representation by electronic, mechanical, digital, optical, or any
other means of a child engaged or involved in real/simulated
explicit sexual activities.
EXPLICIT SEXUAL ACTIVITIES: includes actual or simulated:
1. AS TO FORM:
a. Sexual intercourse or lascivious act including but
not limited to genital to genital contact, oral,
anal, whether between persons of the
same/opposite sex
2. BESTIALITY
3. MASTURBATION
4. SADISTIC/MASOCHISTIC ABUSE
5. LASCIVIOUS EXHIBITION
6. USE OF ANY OBJECT/INSTRUMENT FOR LASCIVIOUS ACTS
GROOMING: act of preparing a child or someone who the offender
believes to be a child for sexual activity or sexual relationship by
communicating any form of child pornography. Includes online
enticement or through other means.
LURING: communicating by computer system with a
child/someone who the offender believes to be a child for the
purpose of facilitating the commission of sexual
activity/production of CP.
PANDERING: offering, advertising, distributing any material
intended to cause another to believe that said material contains
any form of CP, regardless of actual content.
UNLAWFUL ACTS:
1. Hire/employ/induce/coerce a child to perform in the
creation/production of CP
2. Produce, direct, manufacture or create any form of CP
3. Publish, import or export any form of CP
4. To possess with intent to sell, distribute, publish CP. The
possession of 3 or more articles of CP serves as prima facie
evidence of such intent/mere possession
5. Knowingly, willfully, and intentionally provide a venue for
the commission of said acts
6. Any media company/telecommunications to distribute CP
7. Parent, legal guardian, person having custody or control
to knowingly permit child to engage in CP
8. Engage in grooming
9. Engage in pandering
10. Willfully access CP
11. Conspire with others to commit any form of CP
WHO MAY FILE A COMPLAINT: (O-P-A-L-O-O-B-Law-3-PK)
1. Offended party
2. Parents/guardians
3. Ascendant/collateral relative w/in 3rd degree of
consanguinity
4. Officer, social worker, or rep. of a licensed child-caring
institution
5. Officer, social worker of the DSWD
6. Local social welfare dev’t officer
7. Brgy. Chariman
8. Any law enforcement officer
9. At least 3 concerned responsible citizens residing in the
place where the violation occurred
10. Any person with personal knowledge of the circumstances
of the commission of CP
Special prosecutors shall be appointed for purposes of this act.
The FAMILY COURT has jurisdiction of the case.
OBLIGATIONS OF AN ISP:
• Any ISP has the duty to notify the PNP or the NBI within 7
days upon obtaining facts and circumstances pointing to
the commission of CP using its server of facility. They are
not required to monitor the activities of such person and
cannot be held civilly liable for damages on account of
good faith.
• They shall preserve the evidence for purposes of
investigation and prosecution
• Furnish particulars of users who gained/attempted to
gain access to the internet addresses upon request of
proper authorities.
• Willful violation of this provision shall be penalized under
Sec. 15 (k)
RESPONSIBILITY OF MALL OWNERS: they shall notify the PNP or
the NBI within 7 days from obtaining facts and circumstances that
child pornography is being committed.
• Public display of CP operates as a conclusive presumption
that they have knowledge of the violation of this Act.
• There is also a disputable presumption that they know
about the act.
PHOTO DEVELOPERS, IT PROFESSIONALS, CREDIT CARD
COMPANIES and any person with direct knowledge shall also have
a duty to report. Willful and intentional violation of the act shall be
subject to penalty under Sec. 15 (l).
DUTIES OF AN INTERNET CONTENT HOST:
• Not host any form of CP on its address
• Within 7 days, report the presence of any form of child
pornography, as well as the particulars of the person
maintaining it to such address to the proper authorities.
• Preserve such evidence for investigation and prosecution.
• They shall furnish the particulars of the users who
gained/attempted to gain access upon request of proper
authorities.
The LOCAL GOVERNMENT UNIT has the authority to monitor and
regulate the establishment and operation of the internet café or
kiosk within its jurisdiction.

The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution, and trial of an offense under this Act.
• The judge, prosecutor, or any officer of the law to whom
the complaint has been referred may, whenever
necessary, conduct a closed-door investigation,
prosecution or trial.
• The particulars of the child, including his/her immediate
family, shall not be disclosed to the public.
• The child’s records should be confidential and kept under
seal. Except upon written request and order of the court,
a record shall be released only to the following: (C-A-P-D-
O-G)
o Members of the court staff for administrative use
o Prosecuting attorney
o Defense counsel
o Guardian ad litem
o Agents of investigating law enforcement
agencies
o Other persons as determined by the court.
• Any form of CP that is part of the court records shall be
subject to a protective order that provides:
o Any form of CP may be viewed only by the
parties, counsel, expert witness and guardian ad
litem.
o It shall only be divulged when necessary for
investigation, prosecution, or trial.
o Only a person who signs a written affirmation
that he has received and read a copy of the
protection order, submitting himself to the
jurisdiction of the court, and that in case of
violation, he/she will be subject to the contempt
power of the court.
• In cases when prosecution or trial is conducted behind
closed doors, it shall be unlawful for any person utilizing
the tri-media facilities (audio, visual, print) or information
technology to publish or broadcast the names of victims
of any case of child pornography.
• Violation of these provisions shall be subject to penalty
under Section 15 (m).

The DSWD shall ensure that the child who is a victim of any form of
CP is provided appropriate care, custody, and support for their
recovery and reintegration in accordance with the existing laws.

The child can also claim benefits of R.A. No. 6981 (Witness
Protection, Security, and Benefit Act), as well as compensation
from Sec 3(d) of R.A. No. 7309 (Act Creating a Board of Claims under
the DOJ for Victims of Unjust Imprisonment of Detention and
Victims of Violent Crimes and for Other Purposes).

ANTI SEXUAL HARASSMENT ACT
WORK, EDUCATION, OR TRAINING-RELATED SEXUAL
HARASSMENT: committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person (er-ee-m-a-s-t-c-i-p-other),
who having authority, influence, or moral ascendancy over another
in a work or training or education environment (1) demands (2)
requests, or (3) 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.
WORK-RELATED OR EMPLOYMENT ENVIRONMENT: sexual
harassment is committed when:
1. The sexual favor is made as a:
a. Condition in the hiring or in the employment, re-
employment, or continued employment of said
individual, or
b. Condition in granting said individual favorable
compensation, terms, conditions, promotions, or
privileges; or
c. The refusal to grant the sexual favor results in
limiting, segregating or classifying the employee
which in any way would discriminate, deprive, or
diminish employment opportunities or
otherwise adversely affect said employee.
2. Above acts would impair the employee’s rights/privileges
under existing labor laws
3. Above acts would result in an intimidating, hostile, or
offensive environment for the employee
sanctions therefor, which does not bar prosecution in
proper courts.
• Create a committee on decorum and investigation of
cases on sexual harassment and conduct meetings with
those people exercising authority/moral ascendancy to
increase understanding and prevent incidents of sexual
harassment.
• The employer or head of office of the training institution
shall post a copy of this Act for the information of all
concerned.
The EMPLOYER OR HEAD OF OFFICE, EDUCATIONAL OR TRAINING
INSTITUTION shall be solidarily liable for damages arising from
such acts, if such persons is informed of such acts by the offended
party and no immediate action is taken thereon. This does not
preclude the victim from instituting a separate and independent
action for damages and other affirmative relief.
PENALTY: IMPRISONMENT (1-6 months) or FINE (10,000-20,000),
or both at the discretion of the court
PRESCRIPTION: 3 years

EDUCATION OR TRAINING ENVIRONMENT: sexual harassment is

committed:
1. Against one who is under the care, custody, supervision
of the offender
2. Against one whose education, training, apprenticeship,
or tutorship is entrusted to the offender
3. As 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
considerations
4. When the sexual advances result in an intimidating,
hostile, or offensive environment for the student,
trainee, or apprentice.

Any person who (1) directs or induces another to commit any act
of sexual harassment, or who (2) cooperates in the commission
thereof by another without which it would have been committed
shall also be liable under this Act.

DUTY OF EMPLOYER OR HEAD OF OFFICE: to prevent or deter the

commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement, or prosecution of the
said acts.
• Promulgate appropriate rules and regulations in
consultation with and jointly approved by the employees
or students or trainees thru their representatives for the
investigation of such cases and the administrative

ANTI-TORTURE ACT
DEFINITION OF TERMS
1. 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: (O-P-I-A-D)
a. obtaining from him/her or a third person
information or a confession
b. punishing for an act committed or suspected of
having committed the same
c. intimidation/coercing
d. 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.
2. OTHER CRUEL, INHUMAN, AND DEGRADING TREATMENT
OR PUNISHMENT: deliberate and aggravated treatment
or punishment not enumerated under Sec. 4, inflicted by
a person in authority or agent of a person in authority
against a person under his/her custody, the severity of
which causes suffering, gross humiliation, or debasement
to the latter
3. VICTIM: (1) person subjected to torture or other cruel,
inhuman, and degrading treatment or punishment as
defined above; (2) any individual who has suffered harm
as a result of any acts of torture or other cruel, inhuman,
and degrading treatment or punishment.
4. ORDER OF BATTLE: any document/determination made
by the military, police, or any law enforcement agency of
the gov’t which lists the names of persons and
organizations that it perceives to be enemies of the State
to be dealt with through domestic and int’l law.
ACTS OF TORTURE
1. PHYSICAL TORTURE: form of treatment/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, like:
a. Systemic, beating, headbanging, punching… etc.
b. Food deprivation or forcible feeding with spoiled
food, excreta, and substances not normally eaten
c. Electric shock
d. Cigarette burning, burning by heated rods, hot
oil, acid; rubbing of chemical substances on
mucous membranes; putting acids/spices
directly on wounds
e. Submersion of head in water or water polluted
w/ diff. substances
f. Mutilation/amputation of essential parts of the
body
g. Dental torture
h. Pulling out of fingernails
i. Harmful exposure to elements
j. Use of plastic bag/other material placed over the
head until asphyxiation
k. Use of psychoactive drugs to change/deceive the
senses
l. Administration of drugs to induce confession
and/or reduce mental competency
m. Use of drugs to induce extreme pain/certain
symptoms of a disease
n. Other analogous acts
2. MENTAL/PHYSICAL TORTURE: acts committed by the
same persons in #1 which are calculated to affect or
confuse the mind and/or undermine a person’s dignity
and morale, such as:
a. Blindfolding
b. Threatening a person/relatives with bodily harm,
execution or other wrongful acts
c. Confinement in solitary cells or secret detention
places
d. Prolonged interrogation
e. Prepared a prisoner for a “show trial”, public
display or public humiliation of a detainee or
prisoner
f. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed
g. Maltreating a member/s for a person’s family
h. Causing torture sessions to be witnessed
i. Denial of sleep/rest
j. Shame infliction such as stripping the person
naked
k. Deliberately prohibiting the victim to
communicate with any member of his/her family
l. Other analogous acts
OTHER CRUEL, INHUMAN, AND DEGRADING TREATMENT OR
PUNISHMENT: The assessment of level of severity which caused
the suffering, gross humiliation, or debasement to the victim shall
depend on all the circumstances of every case, including the:
1. duration of the treatment or punishment
2. its physical and mental effects
3. in some cases, the sex, religion, age, and state of health
of the victim
Torture and other cruel inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. As
such, these can never be invoked as a justification for the said acts:
1. state or threat of war
2. internal political stability
3. any other public emergency
4. document or determination comprising an order of battle
Secret detention places, solitary confinement, incommunicado or
other similar forms of detention where torture may be carried out
with impunity are prohibited.
• In such case, the PNP, AFP, and other law enforcement
agencies concerned shall make an updated list of all
detention centers and facilities under their respective
jurisdiction along with the data of the persons inside such
facilities.
o This list shall be made available to the public at
all times, with a copy thereof available at the
 respective national headquarters of the PNP and
AFP.
o A copy of the complete list shall also be
submitted to the CHR.
• This list shall be periodically updated by the same
agencies within the first 5 days of every month at the
minimum.
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.
The victim of torture shall have the following rights in the
institution of a criminal complaint for torture:
1. To have a prompt and impartial investigation by the CHR
and agencies of gov’t concerned such as the DOJ, PAO,
PNP, NBI, and AFP. Prompt means a max. of 60 working
days from filing of the complaint of torture. During this
time an investigation report or resolution shall be
completed and made available. An appeal shall be
resolved within the same period prescribed.
2. To have sufficient gov’t protection against all forms of
harassment, threat, and/or intimidation as a
consequence of the filing of the said complaint or the
presentation of evidence.
3. To be afforded sufficient protection in the manner by
which he/she testifies and presents evidence in any for a
in order to avoid further trauma.
A writ of habeas corpus/amparo/habeas data proceeding filed in
behalf of the victim shall be disposed of expeditiously and any
order of the release by virtue thereof or any order relative thereto
shall be executed or complied with immediately.
The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint. The
victim may also seek legal assistance from the Barangay Human
Rights Action Center (BRRAC) nearest him/her as well as from
human rights NGOs.
Before and after interrogation, every person arrested, detained,
or under custodial investigation shall have the right to be
informed of his/her right to demand physical examination by an
independent and competent doctor of his or her own choice. The
State shall endeavor to provide the victim with psychological
evaluation available under the circumstances.
WHO ARE CRIMIALLY LIABLE:
• Any person who actually participated or induced another
in the commission of the abovementioned acts or who
cooperated in the execution of the same by previous or
simultaneous acts shall be liable as principal.
• Any superior military, police, or law enforcement officer
or senior gov’t official who issued an order to any lower
ranking personnel to commit the sad acts for whatever
purpose will also be liable as principal.
• 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
principal for the said acts due to any act, omission, or
negligence committed by him/her which led, assisted,
abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates.
o If the same has knowledge of, or owing to the
circumstances at the time, should have known
that such acts are being or was committed by his
subordinates or by others within his area of
responsibility and despite such knowledge, did
not take preventive or corrective action either
before, during, or immediately after its
commission, when he has the authority to
prevent/investigate allegations of said acts,
whether deliberately or due to negligence, shall
also be liable as principal.
• 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 by:
o Profiting from or assisting the offending to
profit from the effects of the crime
o By concealing the said acts and/or destroying
the effects or instruments thereof to prevent
discovery
o By harboring, concealing, or assisting in the
escape of the principal/s in the act.
In this case, the accessory acts are done with the
abuse of the official’s functions.
Torture as a crime shall not absorb nor shall be absorbed by any
other crime or felony committed as a consequence, or as a means
in the conduct or commission thereof. It 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/international laws.
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 or
sanctions.
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.
The provisions of the RPC insofar as they are applicable shall be
suppletory to this Act. Moreover, if the commission of any crime
punishable under TITLE 8 and TITLE 9 of the RPC is attended by any
of the acts constituting torture and other cruel, inhuman and
degrading punishment as defined therein, the penalty to be
imposed shall be in its maximum period.
 ANTI-FENCING LAW
FENCING: 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 robbery or theft.
ELEMENTS OF FENCING:
1. Robbery or theft has been committed
2. The accused, who is not the principal or accomplice in this
crime, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes or buys and sells, or in any
manner deals in any article, item, object or anything of
value, which has been derived from the proceeds of said
crime
3. The accused knows or should have known that the said
article, item, object or anything of value has been derived
from the proceeds of the crime
4. There is, on the part of the accused the intent to gain for
himself or for another
RULES AND REGULATIONS
• Duty to Procure Clearance or Permit: a used secondhand
article can only be sold or offered to be sold to the public
upon securing a clearance or permit for the purpose from
the Station Commander of the Integrated Nat’l Police.
o If the clearance is sought by a corporation/group
of people—it shall be obtained by/in the name of
the president or other responsible officer-in-
change
o If the clearance is for a branch or subsidiary of
such establishment then it is that branch which
should secure the clearance
o If there is no receipt/equivalent document
pertaining to the legality of the acquisition of
anything of value or if such document is fake,
falsified, or irregularly obtained, there is a
presumption that such thing was acquired from
an unlicensed dealer/supplier.
Visitorial power of the Station Commander: the Station
Commander may exercise visitorial powers and conduct visitations
during office hours or business hours and upon authority in writing
from and by the INP Superintendent in the district and for the sole
purpose of determining whether the articles are kept in possession
or stock contrary to the intent of this P.D. 1612 and of these rules
and regulations.
OBSTRUCTION OF JUSTICE
A person is considered to have violated this act when he or she
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:
1. 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
2. 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 in criminal
cases
3. 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
4. Publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the execution
of judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes
5. Delaying the prosecution of criminal cases by obstructing
the service of process or court orders or disturbing
proceedings in the fiscal’s officers or in the courts
6. 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
7. Soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or
impeding the prosecution of a criminal offender.
8. Threatening directly or indirectly another with the
inflicting of any wrong upon his person, honor, or property
of that of any immediate member or members of his
family in order to prevent such person from appearing in
the investigation/official proceedings in criminal cases; or
imposing a condition lawful or unlawful to prevent a
person from appearing in the investigation/official
proceedings
9. Giving false or fabricated information to mislead or
prevent the law enforcement agencies from
apprehending the offender/protecting the life or
property of the victim; or fabricating information from
the data gathered in confidence by investigating
authorities for the purposes of background information
and not for publication and publishing or disseminating
the same to mislead the investigator or to the court
If the acts mentioned are penalized by another law with a higher
penalty, the higher penalty shall be imposed. If said acts are
committed by a public official or employee, he shall suffer
perpetual disqualification from holding office in addition to the
penalties provided therein.
 ANTI-VIOLENCE AGAINST WOMEN AND
CHILDREN
TYPES OF ABUSE
1. Physical violence is the infliction of bodily harm. It could
be in the form of battery (an act of inflicting physical harm
upon the woman or her child resulting to the physical and
psychological emotional distress), assault, coercion,
harassment, arbitrary, deprivation of liberty.
2. Psychological violence refers to acts or omissions causing
or likely to cause mental or emotional suffering of the
victim such as:
a. Intimidation;
b. Harassment
c. Stalking (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)
d. peering in the window;
e. lingering outside the residence of the woman or
her child;
f. entering or remaining in the dwelling or on the
property of the woman or her child against his or
her will;
g. destroying the property;
h. public ridicule;
i. humiliation, repeated verbal abuse and marital
infidelity; and
j. unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
3. Sexual violence can be in the form of:
a. rape, sexual harassment, acts of lasciviousness;
b. treating a woman or her child as a sex object;
c. making demeaning and sexually suggestive
remarks;
d. physically attacking the sexual parts of the
victim’s body;
e. forcing her/him to watch obscene publications
and indecent shows;
f. forcing the woman or her child to do indecent
acts and/or make films;
g. forcing the wife and mistress/ lover to live in the
conjugal home or sleep together in the same
room with the abuser;
h. 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; and
i. prostituting the woman or her child.
4. Economic abuse refers to acts that are intended to make
the woman financially dependent, such as:
a. withdrawal of financial support;
b. preventing the victim from engaging in any
legitimate profession, occupation or business;
c. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of their property;
d. destroying household property;
e. controlling the victim’s own money or properties
or solely controlling the conjugal money or
properties.
These acts must be committed against the following:
WOMEN:
1. Who is his wife or former wife;
2. With whom he has or had a sexual or dating relationship;
3. With whom he has a common child.
4. Any women (need not necessarily be the wife or former wife)
whom the offender had:
• sexual relationship (a single sexual act which may or may
not result in the bearing of a common child)
• dating relationship (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.
LEGITIMATE OR ILLEGITIMATE CHILD:
1. Below 18 years old;
2. Above 18 years old but are incapable of taking care of himself.
This act shall be liberally construed to promote the protection and
safety of victims of violence against women and their children.
ACTS OF VIOLENCE AGAINST WOMEN AND CHILDREN:
1. Causing physical harm to the woman or the child
2. Threatening to cause such physical harm
3. Attempting to cause such harm
4. Placing the woman or her child in fear of imminent
physical harm
5. Attempting to compel or compelling the woman/child to
engage in conduct when they have the right to desist from
or desist from the conduct which the woman/child has the
right to engage in; attempting to restrict their freedom of
movement/conduct by threat of force, intimidation or
other harm directed to them, which includes:
a. Threatening/actually depriving the woman/child
of custody to her/his family
b. Threatening/actually depriving the
woman/children of financial support legally due
to them or deliberate provision of insufficient
support
c. Threatening/actually depriving the woman/child
of a legal right
d. Preventing the woman from engaging in any
legitimate profession, occupation, business or
activity; controlling victim’s money or properties;
solely controlling the conjugal or common money
or properties
 6. Attempting/actually causing the woman/child to engage
in any sexual activity which does not constitute rape, by
threat/actual force, physical harm, or intimidation
directed against them or their immediate family
7. Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman/child, including but not limited to:
a. Stalking/following them in public/private places
b. Peering in the window or linger outside their
residence
c. Entering/remaining in their dwelling or property
against their will
d. Destroying the property and personal
belongings/inflicting harm to their animals or
pets
e. Engaging in any form of harassment or violence
8. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including but not
limited to:
a. Repeated verbal/emotional abuse
b. Denial of financial support or custody of minor
children of access to the woman’s child/children
The Regional Trial Court, designated as a Family Court, shall have
original and exclusive jurisdiction over cases of violence against
women and their children under this law. In the absence of such
court in the place where the offense was committed, the case shall
be filed in the Regional Trial Court where the crime or any of its
elements was committed at the option of the compliant.
PROTECTION ORDERS: An order issued by barangays or courts the
provision of which shall be enforced by law enforcement agencies
for the purpose of:
1. preventing further acts of violence against a woman or her
child
2. facilitating the opportunity and ability of the victim to
independently regain control over her life.
A petition for protection order may be filed by any of the
following:
1. the offended party
2. parents or guardians of the offended party
3. ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
4. officers or social workers of the DSWD or social workers of
local government units (LGUs);
5. police officers, preferably those in charge of women and
children's desks;
6. Punong Barangay or Barangay Kagawad;
7. lawyer, counselor, therapist or healthcare provider of the
petitioner; and
8. at least two (2) concerned responsible citizens of the city
or municipality where the violence against women and
their children occurred and who has personal knowledge
of the offense committed.
Application for Barangay POs are filed in the Barangay Hall.
An application for a Temporary PO or Permanent PO may be filed
in the Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court with territorial
jurisdiction over the place of residence of the petitioner. Provided,
however, that if a Family Court exists in the place of residence of
the petitioner, the application shall be filed with that court.
Reliefs granted by virtue of a PO include:
1. removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of the
residence;
2. directing the respondent to stay away from petitioner and
the family;
3. lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of
ownership;
4. granting temporary or permanent custody of a child to the
petitioner;
5. directing the respondent to provide support to the
woman and/or her child if entitled to legal support;
6. access to government programs that provide for safety
and protection of petitioner.
A PO prohibits the respondent from:
1. threatening to commit or committing, personally or
through another physical harm to the woman or her child;
2. harassing, annoying, telephoning, or contacting the
victim-survivor, directly or indirectly;
3. use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including revocation
of license and disqualification to apply for any license to
use or possess a firearm.
Any barangay official or law enforcer who fails to report the
incident shall be liable for a fine not exceeding (P10,000) or
whenever applicable criminal, civil or administrative liability.
Failure to comply shall also render the official or judge
administratively liable.
BARANGAY PROTECTION ORDER: A protection order issued by the
barangay ordering the perpetrator/respondent to desist from
committing acts causing (a) physical harm to the woman or her
child; and (b) threatening to cause the woman or her child physical
harm. It is effective for 15 days. It prohibits the respondent from:
1. threatening to commit or committing, personally or
through another physical harm to the woman or her child;
2. harassing, annoying, telephoning, or contacting the
victim-survivor, directly or indirectly.
A violation of the BPO is punishable by imprisonment of thirty (30)
days without prejudice to any other criminal or civil action that the
offended party may file.
TEMPORARY PROTECTION ORDER: A protection order issued by
the court on the date of filing of the application after ex-parte
determination of its issuance. It is effective for 30 days and it is
enforceable worldwide.
PERMANENT PROTECTION ORDER: protection order issued by the
court after notice and hearing. A PPO shall be effective,
enforceable nationwide, until revoked by a court upon application
of the person in whose favor the order was issued. Violation shall
be punishable with a fine ranging from Five Thousand Pesos
(P5,000) to Fifty Thousand Pesos (P50,000) and/or imprisonment
of six (6) months. It shall also constitute contempt of court
punishable under Rule 71 of the Rules of Court.
PENALTIES
If the courts have proven that the offender is guilty of the crime, he
may be imprisoned based on the provisions of the RPC and will be
obliged to pay a fine ranging from P100, 000 to P300, 000 for
damages. The length of imprisonment depends on the gravity of
the crime. The offender is also obliged to undergo mandatory
psychological counseling or psychiatric treatment. If the acts are
committed in the presence of the woman’s child, or if the woman
or child is pregnant, the penalty shall be the maximum period
prescribed by law.
BATTERED WOMAN SYNDROME: It is a scientifically defined
pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
• 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.
• The Act declares all forms of violence against women and
their children as a criminal act, regardless of intent,
which has an equal penalty under the law.
o Good faith or lack of malice is not sufficient to
exonerate a person from criminal liability
resulting from his violent acts towards the
woman and her children. Also, neither being
under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall be a
defense under the Act.
• The victim-survivor suffering from Battered Woman
Syndrome shall not be disqualified from having custody
of her children. It is also clear from the law that the
woman is automatically entitled to the custody and care
of child with right to support if child is below seven (7)
years old or older but suffering from some form of
incapacity. (Sec 28 of RA 9262)
PRESCRIPTION: Acts from 1-6 prescribe in 20 years, while acts from
7-8 prescribe in 10 years.
ANTI-CHILD ABUSE LAW
ELEMENTS:
1. Committed against children (persons below 18 years of
age OR over 18 but are unable to fully take care of
themselves or protect themselves)
2. There is abuse, neglect, cruelty, exploitation, or
discrimination
PUNISHABLE ACTS:
1. CHILD ABUSE: maltreatment, whether habitual or not, of
the child which includes any for the following:
a. Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
b. Any act by deeds or words which debases,
degrades, or demeans the intrinsic worth and
dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
d. Failure to immediately give medical treatment to
an injured child resulting in serious impairment
of his growth and development or in his
permanent incapacity or death.
2. CHILD PROSTITUION AND OTHER SEXUAL ABUSE: these
elements must concur:
a. Children, whether male or female
b. For money or profit or any other consideration or
due to coercion or influence
c. Of any ADULT, SYNDICATE, or GROUP
d. Indulge in sexual intercourse or lascivious
conduct
3. ATTEMPT TO COMMIT CHILD PROSTITUTION
a. Attempt under Par. A, Sec. 5
i. Any person, not relative of a child
ii. Found alone with the child
iii. In a room, cubicle of a house, inn, hotel,
motel, etc.
iv. Under circumstances which would lead
a reasonable person to believe that the
child is about to be exploited in
prostitution and other sexual abuse.
b. Attempt under Par. B, Sec 5
i. Any person
ii. Receiving services from a child
iii. In a sauna parlor or batch, massage
clinic, health club, etc.
4. CHILD TRAFFICKING: these elements must necessarily
concur:
a. Any person who shall engage in
b. Trading and dealing with children including, but
not limited to, the act of buying and selling a child
for money, and for any other consideration, or
barter.
5. ATTEMPT TO COMMIT CHILD TRAFFICKING
a. When a child travels alone to a foreign country
without a valid reason therefore and without
clearance from the DSWD or written permit or
 justification from the child’s parents or legal
guardian;
b. Person, agency, establishment, or child-caring
institution recruits women or couples to be
children for the purpose of child trafficking; or
c. When a doctor, hospital or clinic official or
employee, nurse midwife, local civil registrar or
any other person simulates birth for the purpose
of child trafficking; or
d. When a person engages in the act of finding
children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other
child-caring institutions who can be offered for
the purpose of child trafficking.
6. OBSENE PUBLICATIONS AND INDECENT SHOWS
a. A child is employed, used, persuaded, induced, or
coerced
b. To perform in obscene exhibitions and indecent
shows, whether live or in video, or model in
obscene publications or pornographic materials
c. Such materials are distributed
7. OTHER ACTS OF NEGLECT, ABUSE, CRUELTY,
EXPLOITATION, AND OTHER CONDITIONS PREJUDICIAL
TO THE CHILD’S DEVELOPMENT
a. Violation of Art. 59, PD 603 (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)
b. Keeping in his company a minor, 12 years or
under or 10 years younger than the person liable,
in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach resort, etc.
c. Inducement, delivery, or offering of a minor for
the above mentioned act
d. Use, coercion, forcing, or intimidating a street
child or any other child to:
i. Beg or use begging as a means of living;
ii. Acts as conduit or middlemen in drug
trafficking or pushing; or
iii. Conduct any illegal activities
1. When a child works directly under the sole responsibility
of his parents or legal guardian and where only members
of the employer's family are employed: Provided,
however, That his employment neither endangers his life,
safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal
guardian shall provide the said minor child with the
prescribed primary and/or secondary education; or
2. When a child's employment or participation in public &
entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment
contract concluded by the child's parent or guardian,
with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor
and Employment: Provided, That the following
requirements in all instances are strictly complied with:
a. The employer shall ensure the protection,
health, safety and morals of the child;
b. the employer shall institute measures to prevent
the child's exploitation or discrimination taking
into account the system and level of
remuneration, and the duration and
arrangement of working time; and;
c. The employer shall formulate and implement,
subject to the approval and supervision of
competent authorities, a continuing program for
training and skill acquisition of the child. In the
above exceptional cases where any such child
may be employed, the employer shall first
secure, before engaging such child, a work permit
from the Department of Labor and Employment
which shall ensure observance of the above
requirement.

All establishments and enterprises which promote or facilitate

child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse
shall be immediately closed and their authority or license to
operate cancelled, without prejudice to the owner or manager
thereof being prosecuted under this Act and/or the Revised Penal
Code, as amended, or special laws. An establishment shall be
deemed to promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in
violation of the Revised Penal Code, as amended.

8. VIOLATION OF WORKING CONDITIONS FOR MINORS AS

PROVIDED IN THIS LAW AND THE LABOR CODE

Children below fifteen (15) years of age may be employed except:


ANTI-HAZING LAW
HAZING: any act that results in physical/psychological suffering,
harm, or injury inflicted on a recruit/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,
organization including but not limited to:
1. Paddling
2. Whipping
3. Beating
4. Branding
5. Forced calisthenics
6. Exposure to weather
7. Forced consumption of any food, liquor, beverage, drug,
or other substance
8. Any other brutal treatment or forced physical activity
Said acts are likely to adversely affect the physical and
psychological health of such recruit/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 require said recruit or
member to do menial, silly, or foolish tasks.
INITIATION RITES: ceremonies and practices that a person must
perform or take part in for acceptance into a fraternity as a full-
fledged member, occurring in all stages of membership.
ORGANIZATION: organized body of people including the AFP, PNP,
PMA, PNPA, and other similar uniformed service learning
institutions.
ALL FORMS OF HAZING SHALL BE PROHIBITED, even in military
training and citizen’s army training.
• XPN: physical, mental, and psychological training and
testing procedures and practices to determine and
enhance the fitness of prospective regular members of the
AFP, and PNP approved by the Secretary of Nat’l Defense
and the NAPOLCOM, duly recommended by AFP Chief of
Staff and PNP Director General.
• This extends to similar procedures and practices approved
by the respective heads of other uniformed learning
institutions as to their members
• This also extends to customary athletic events that further
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.
ONLY INITIATION RITES/PRACTICES THAT DO NOT CONSTITUTE
HAZING SHALL BE ALLOWED, provided that:
• There is a written application to school authorities not
later than 7 days before initiation
• The application shall indicate the place, date, names of
recruits as well as the manner of initiation
• The application shall contain an undertaking that no harm
of any kind will be committed to anybody
• Shall not last for more than 3 days
• Shall contain the name of the incumbent officers of the
organization/people who will take charge
•
Should be under oath and posted in the bulletin board of
their office
• Shall be posted from the time of submission of the written
notice to the school authorities or head of organization
and shall only be removed from posting, 3 days after the
conduct of the rites.
Guidelines for the approval/denial of the application shall be
promulgated. School officials shall have the authority to impose,
with notice and hearing, disciplinary sanctions to those who
conduct initiation without first securing the necessary approval.
All members will be punished in this regard, even if no hazing was
conducted.
False or inaccurate information also merits disciplinary sanction
against the person who prepared the application or supplied the
false information and to the head and other officers of the
organization.
MONITORING: head of school/authorized representative must
assign at least two representatives to be present during the
initiation, who shall make a report of what transpired. No liability
shall attach to them if hazing is committed in their presence unless
they failed to perform an overt act to prevent or stop the
commission thereof.
Failure to comply with registration procedures shall result in the
cancellation of the registration of the fraternity, sorority, or
organization.
They shall also have a faculty adviser, who is responsible for
monitoring the activities of the organization. In case of violation, it
is presumed that he has knowledge and consented to the
commission of any unlawful acts.
The school shall exercise reasonable supervision in loco parentis
over the conduct of its students. Thus, the school shall take
proactive steps to protect them from dangers of hazing:
• Information dissemination campaign at the beginning of
the semester
• Orientation program regarding membership to a
fraternity
• Encourage fraternities to undertake activities which foster
holistic growth
Any form of approval, consent, or agreement, whether written or
otherwise, or of an express waiver of the right to object to the
initiation rite or proceeding which consists of hazing prior to an
initiation rite shall be void and without any binding effect on the
parties. Consent of the applicant is not a valid defense.