Title Six
CRIMES AGAINST PUBLIC MORALS What are illegal or unauthorized activities or games?
Chapter One. Gambling and Betting
Article 195. Gambling
Article 196. Importation, sale and possession of lottery
tickets or advertisements
Article 197. Betting in sport contests (REPEALED)
Article 198. Illegal betting on horse races
Article 199. Illegal cockfighting
Chapter Two. Offenses against Decency and Good Custom
Article 200. Grave scandal
Article 201. Immoral doctrines, obscene publications
and exhibitions
Article 202. Vagrancy and prostitution
Article 195. Gambling
Acts punishable:
1. Taking part directly or indirectly in –
a. any game of monte, jueteng, or any
other form of lottery, policy, banking, or
percentage game, dog races, or any other
game or scheme the results of which depend
wholly or chiefly upon chance or hazard; or
wherein wagers consisting of money, articles
of value, or representative of value are
made; or
b. the exploitation or use of any other
mechanical invention or contrivance to
determine by chance the loser or winner of
money or any object or representative of
value;
2. Knowingly permitting any form of gambling to be
carried on in any place owned or controlled by the
offender;
3. Being maintainer, conductor, or banker in a game
of jueteng or similar game;
4. Knowingly and without lawful purpose possessing
lottery list, paper, or other matter containing
letters, figures, signs or symbol which pertain to
or are in any manner used in the game of jueteng
or any similar game.
PRESIDENTIAL DECREE NO. 1602
Prescribing Stiffer Penalties On Illegal Gambling
Who are punishable?
1. Any person other than those referred to in the succeeding
sub-sections who in any manner, shall directly or indirectly
take part in any illegal or unauthorized activities or games
- cockfighting, jueteng, lotteries, games using dice,
card games, games using plastic tiles (mahjong),
mechanical contraptions and devices (slot
machines), races, individual or team contests
where game fixing, point shaving and other
machinations are present, banking or percentage
game
- IN GENERAL: or any other game scheme, whether
upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value
are at stake or made
2. Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him.
3. The maintainer or conductor of the above gambling
schemes.
4. Any person who shall, knowingly and without lawful
purpose in any hour of any day, possess any
lottery list, paper or other matter containing
letters, figures, signs or symbols pertaining to or in
any manner used in the games of jueteng, jai-alai or
horse racing bookies, and similar games of lotteries
and numbers which have taken place or about to
take place.
5. Any barangay official who, with knowledge of the
existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection
therewith.
6. Any security officer, security guard, watchman, private
or house detective of hotels, villages, buildings, enclosures
and the like which have the reputation of a gambling place
or where gambling activities are being held.
Penalty is higher:
1. If the place where gambling is carried on has a
reputation of a gambling place or that prohibited
gambling is frequently carried on therein;
2. If the place is a public or government building or
barangay hall;
3. If the maintainer, conductor or banker of said
gambling schemes is a government official, or
where such government official is the player,
promoter, referee, umpire, judge or coach in case
of game fixing, point shaving and machination.
Very important!!! Informer's reward!!!  Any person who
shall disclose information that will lead to the arrest and final
conviction of the malefactor shall be rewarded twenty
percent (!!!) of the cash money or articles of value
confiscated or forfeited in favor of the government.
 Gambling is any game or scheme,
whether upon chance or skill, wherein wagers
consisting of money, articles or value or
representative of value are at stake or made.
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 Reason for prohibiting/punishing accused would not keep it in his possession but
gambling: to repress and evil that undermines for its connection with such game of jueteng.
the social, moral and economic growth of the  But proof to the contrary is
nation.
 Under P.D. No. 1602, it seems that
necessary when the jueteng lists pertain
when the law names the games, punishing any to games played on other dates.
person who take part therein, its purpose is to LETTER OF INSTRUCTIONS NO. 816
prohibit absolutely those games.
 Spectators are not liable in What is exempted from the coverage of P.D. 1602?
gambling, because they do not take part directly
or indirectly. The games of domino, bingo, poker when not played with
five cards stud, cuajo, pangguingue and mahjong, provided
 Lottery – a scheme for the
that they are played as parlor games or for home
distribution of prizes by chance among persons entertainment; and Provided Further, That they are not
who have paid, or agreed to pay, a valuable played in places habitually used for gambling and the betting
consideration for the chance to obtain a prize. is not disguised to defeat the intent of P.D.No. 1602
 Elements of lottery: consideration,
chance and prize or some advantage or
inequality in amount or value which is in the
Article 196. Importation, sale and possession
nature of a prize.
of lottery tickets or advertisements
 There is no lottery when the person
gets full value for his money. Example: a
Acts punishable:
package of cigarette sold at P0.30 each includes
a coupon which may allow the buyer to win a
1. Importing into the Philippines from any
gold watch. This is not lottery, because the
foreign place or port any lottery ticket or
player got full for his money. The winning of the
advertisement; or
watch is just a bonus.
2. Selling or distributing the same in
 The operation, possession, use and
connivance with the importer;
importation of pinball and slot machines and
3. Possessing, knowingly and with intent to use
other similar devices or paraphernalia used for
them, lottery tickets or advertisements; or
their operation is declared unlawful under P.D.
4. Selling or distributing the same without
No. 519 which took effect on July 23, 1974.
connivance with the importer of the same.
Knowingly permitting gambling to be carried on in a
 The possession of any lottery ticket
place owned or controlled by the offender (2nd mode
or advertisement is prima facie evidence of an
of violating this article)
intent to sell, distribute or use the same in the
Philippines.
Elements:
 Must lottery tickets be genuine?
There are two views:
1. That a gambling game was carried on in an
o YES. It is not necessary
inhabited or uninhabited place or in any building,
that the tickets be genuine, as it is enough
vessel, or other means of transportation.
that they be given the appearance of lottery
2. That the place, building, vessel or other
tickets
means of transportation is owned or controlled
o NO. If lottery tickets are
by the offender
3. That the offender permitted the carrying on counterfeit, they cannot give rise to the evil
of such game, knowing that it is a gambling sought to be eradicated.
game.

 The maintainer or conductor in a Article 197. Betting in sports contests –

gambling game are likewise punished. A REPEALED BY PD 483
maintainer is the person who sets up and
furnishes the means with which to carry on the
gambling game or scheme. A conductor is the
person who manages or carries on the gambling
game or scheme.
 To be prosecuted for possessing a
jueteng list, proof that the game took place or is
about to take place is not necessary. Such a list
naturally pertains to the game of jueteng and the
PD 483
Penalizing Betting, Game-fixing or Point Shaving in
Sports Contests
SECTION 1. Definitions. — For purposes of this Decree,
the following terms shall mean and be understood to be as
hereunder indicated:
a. Betting — betting money or any object or article of
value or representative of value upon the result of any

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 game, races and other sports contest.
b. Game-fixing — any arrangement, combination, scheme
or agreement by which the result of any game, races or
sports contests shall be predicted and/or known other
than on the basis of the honest playing skill or ability of
the players or participants.
c. Point-shaving — any such arrangement, combination,
scheme or agreement by which the skill or ability of any
player or participant in a game, races or sports contests
to make points or scores shall be limited deliberately in
order to influence the result thereof in favor of one or
other team, player or participant therein.
d. Game-machinations — any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of
any game, races or sport contest.
SECTION 2. Betting, game-fixing, point-shaving or game
machination unlawful. — Game-fixing, point-shaving,
machination, as defined in the preceding section, in
connection with the games of basketball, volleyball, softball,
baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and
all other sports contests, games or races; as well as betting
therein except as may be authorized by law, is hereby
declared unlawful.
SECTION 3. Penalty. — Any violation of this Decree, or of
the rules and regulations promulgated in accordance
herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race or
sports contests, or the manager or sponsor of any
participating team, individual or player therein, or
participants or players in such games, races or other
sports contests, he shall, upon conviction, be punished
by prision correccional in its maximum period and a fine
of 2,000 pesos with subsidiary imprisonment in case of
insolvency, at the discretion of the court. This penalty
shall also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be
punished by prision correccional in its medium period
and a fine of 1,000 pesos with subsidiary imprisonment
in case of insolvency at the discretion of the court.
c. When the offender is an official or employee of any
government office or agency concerned with the
enforcement or administration of laws and regulations
on sports the penalty provided for in the preceding
Section 3 a small be imposed. In addition, he shall be
disqualified from holding any public office or
employment for life. If he is an alien, he may be
deported.
Article 198. Illegal Betting on horse races
Acts punishable:
1. Betting on horse races during periods not allowed
by law;
2. Maintaining or employing a totalizer or other
device or scheme for betting on races or realizing
profit therefrom during the periods not allowed
by law.
When horse races not allowed
1. July 4 (Republic Act No. 137);
2. December 30 (Republic Act No. 229);
3. Any registration or voting days (Republic Act No.
180, Revised Election Code); and
4. Holy Thursday and Good Friday (Republic Act No.
946).
 A totalizer is a machine for registering and
indicating the number and nature of bets made
on horse races. The penalty is higher when this
devise is employed.
 Any race held on the same day and at the same
place shall be held punishable as a separate
offense.
 If the violation is committed by any partnership,
corporation, or association, the president and the
directors or managers shall be deemed to be
principals in the offense if they have consented
to or knowingly tolerated its commission.
 Horse races may be carried on at any time or
place, and prizes or gifts may be offered, given
or paid, to the winner in said races, provided it is
not accompanied by any betting, or the use of
totalizer or other devices for betting money on
horse races.
Article 199. Illegal cockfighting
Acts punishable:
1. Directly or indirectly participating in cockfights,
by betting money or other valuable things, or
organizing cockfights at which bets are made, on
a day other than those permitted by law;
2. Directly or indirectly participating in cockfights,
by betting money or other valuable things, or
organizing such cockfights, at a place other than
a licensed cockpit.
P.D. 449
Cockfighting Law of 1974
SECTION 4. Definition of Terms. —
(b) Cockfighting — shall embrace and mean the commonly
known game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different Philippine
localities.
(c) Zoning Law or Ordinance — Either both national or
local city or municipal legislation which logically
arranges, prescribes, defines and apportions a given
political subdivision into specific land uses as present
and future projection of needs warrant.
(d) Bet Taker or Promoter — A person who calls and takes
care of bets from owners of both gamecocks and those
of other bettors before he orders commencement of
the cockfight and thereafter distributes won bets to the
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 winners after deducting a certain commission.
(e) Gaffer (Taga Tari) — A person knowledgeable in the art
of arming fighting cocks with gaff or gaffs on either or
both legs.
(f) Referee (Sentenciador) — A person who watches and
oversees the proper gaffing of fighting cocks,
determines the physical condition of fighting cocks
while cockfighting is in progress, the injuries sustained
by the cocks and their capability to continue fighting
and decides and make known his decision by work or
gestures and result of the cockfight by announcing the
winner or declaring a tie or no contest game.
(g) Bettor — A person who participates in cockfights and
with the use of money or other things of value, bets
with other bettors or through the bet taker or promoter
and wins or loses his bet depending upon the result of
the cockfight as announced by the Referee or
Sentenciador. He may be the owner of fighting cock.
SECTION 5. Cockpits and Cockfighting: In General. —
(a) Ownership, Operation and Management of Cockpits. —
Only Filipino citizens not otherwise inhibited by existing
laws shall be allowed to own, manage and operate
cockpits. Cooperative capitalization is encouraged.
(b) Establishment of Cockpits. — Only one cockpit shall be
allowed in each city or municipality, except that in cities
or municipalities with a population of over one hundred
thousand, two cockpits may be established, maintained
and operated.
(c) Cockpits Site and Construction. — Cockpits shall be
constructed and operated within the appropriate areas
as prescribed in Zoning Law or Ordinance. In the
absence of such law or ordinance, the local executives
shall see to it that no cockpits are constructed within or
near existing residential or commercial areas, hospitals,
school buildings, churches or other public buildings.
Owners, lessees, or operators of cockpits which are
now in existence and do not conform to this
requirement are given three years from the date of
effectivity of this Decree to comply herewith. xxx
(d) Holding of Cockfights. — Except as provided in this
Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and during
local fiestas for not more than three days. It may also
be held during provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for a
similar period of three days upon resolution of the
province, city or municipality where such fair, carnival
or exposition is to be held, subject to the approval of
the Chief of Constabulary or his authorized
representative: Provided, that, no cockfighting on the
occasion of such fair, carnival or exposition shall be
allowed within the month of a local fiesta or for more
than two occasions a year in the same city or
municipality: Provided, further, that no cockfighting
shall be held on December 30 (Rizal Day), June 12
(Philippine Independence Day), November 30 (National
Heroes Day), Holy Thursday, Good Friday, Election or
Referendum Day and during Registration Days for such
election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. — Subject to the preceding
subsection hereof, the Chief Constabulary or his
authorized representative may also allow the holding of
cockfighting for the entertainment of foreign dignitaries
or for tourists, or for returning Filipinos, commonly
known as "Balikbayan", or for the support of national
fund-raising campaigns for charitable purposes as may
be authorized by the Office of the President, upon
resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or parks:
Provided, that this privilege shall be extended for only
one time, for a period not exceeding three days, within
a year to a province, city, or municipality.
(f) Other games during cockfights prescribed. — No
gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting during
cockfights. The owner, manager or lessee of such
cockpit and the violators of this injunction shall be
criminally liable under Section 8 hereof.
SECTION 7. Cockfighting Officials. — Gaffers, referees or
bet takers or promoters shall not act as such in any
cockfight herein authorized, without first securing a license
renewable every year on their birth month from the city or
municipality where such cockfighting is held. Cities and
municipalities may charge a tax of not more than P20. Only
licensed gaffers, referees, bet takers or promoters shall
officiate in all kinds of cockfighting authorized in this Decree.
SECTION 8. Penal Provisions. — Any violation of the
provisions of this Decree and of the rules and regulations
promulgated by the Chief of Constabulary pursuant thereto
shall be punished as follows:
a. By prision correccional in its maximum period and a
fine of two thousand pesos, with subsidiary
imprisonment in case of insolvency, when the offender
is the financier, owner, manger or operator of a
cockpit, or the gaffer, referee or bet taker in cockfights;
or the offender is guilty of allowing, promoting or
participating in any other kind of gambling in the
premises of cockpits during cockfights.
b. By prision correccional or a fine of not less than P600
nor more than P2,000 or both, such imprisonment and
fine at the discretion of the court, with subsidiary
imprisonment in case of insolvency, in case of any
other offender.
 Permitting gambling of any kind in
cockpit is punished under PD 449.
 The decree does not punish a
person attending as a spectator in a cockfight.
To be liable, he must participate in the cockfight
as a bettor.
Article 200. Grave Scandal
Elements:
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as
offending against decency or good customs;
3. The highly scandalous conduct is not
expressly falling within any other article of this
Code; and
4. The act or acts complained of be committed
in a public place or within the public knowledge or
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 view.
 Grave scandal consists of acts
which are offensive to decency and good
customs which, having been committed publicly,
have given rise to public scandal to persons who
have accidentally witnessed the same.
 Decency means propriety of
conduct; proper observance of the requirements
of modesty, good taste etc.
 Customs means established usage,
social conventions carried on by tradition and
enforced by social disapproval of any violation
thereof.
 The acts must be those that can
cause public scandal among the persons
witnessing them.
 If the act or acts of the offender are
punished under article of the RPC, this article is
not applicable.
 The acts must be performed in a
public place or within the public knowledge or
view.
 When the acts were performed in a
private house and seen by one person, the crime
was not committed.
Bar Questions
Grave Scandal (1996)
Pia, a bold actress living on top floor of a plush condominium
in Makati City sunbathed naked at its penthouse every
Sunday morning. She was unaware that the business
executives holding office at the adjoining tall buildings
reported to office every Sunday morning and, with the use of
powerful binoculars, kept on gazing at her while she
sunbathed. Eventually, her sunbathing became the talk of
the town. 1) What crime, if any, did Pia commit? Explain, 2)
What crime, if any, did the business executives commit?
Explain.
SUGGESTED ANSWER:
1) Pia did not commit a crime, the felony closest to making
Pia criminally liable is Grave Scandal, but then such act is not
to be considered as highly scandalous and offensive against
decency and good customs. In the first place, it was not
done in a public place and within public knowledge or view.
As a matter of fact it was discovered by the executives
accidentally and they have to use binoculars to have public
and full view of Pia sunbathing in the nude.
2) The business executives did not commit any crime. Their
acts could not be acts of lasciviousness [as there was no
overt lustful act), or slander, as the eventual talk of the
town, resulting from her sunbathing, is not directly imputed
to the business executives, and besides such topic is not
intended to defame or put Pia to ridicule.
Article 201. Immoral doctrines, obscene
publications and exhibitions, and indecent
shows
Acts punishable:
1. Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals;
2. (a) The authors of obscene literature,
published with their knowledge in any form, the
editors publishing such literature; and the
owners/operators of the establishment selling the
same;
(b) Those who, in theaters, fairs,
cinematographs, or any other place, exhibit
indecent or immoral plays, scenes, acts, or
shows, it being understood that the obscene
literature or indecent or immoral plays, scenes,
acts or shows, whether live or in film, which are
proscribed by virtue hereof, shall include those
which: (1) glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3)
offend any race, or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) are
contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees and edicts; and
3. Those who shall sell, give away, or exhibit
films, prints, engravings, sculptures, or literature
which are offensive to morals.
 Purpose of the law: to protect the
morals of the public..
 This offense in any of the forms
mentioned in the article is committed only when
there is publicity.
 ‘openly contrary to public morals’ –
the word moral implies conformity with the
generally accepted standards of goodness or
rightness in conduct or character, sometimes
specifically, to sexual conduct.
 The author of obscene literature is
liable only when it is publish with his knowledge.
Obscene means offensive to chastity, decency or
delicacy.
 Test of obscenity: whether the
tendency of the matter charged as obscene, is to
deprave or corrupt those whose minds are open
to such immoral influences, and into whose
hands such a publication may fall and also
whether or not such publication or act shocks the
ordinary and common sense of men as an
indecency.
 Mere nudity in pictures or paintings,
not an obscenity. As regards nude pictures, the
proper test is the motive of the picture, as
indicated by it, is pure or impure; or whether it is
naturally calculated to excite impure
imaginations.
 The term ‘give away’ necessarily
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 include the act of exhibiting obscene pictures or
literature, because when one gives away obscene
pictures or literature, he has the intention and
purpose of exhibiting or showing the same to the
recipient.
 Pictures with slight degree of
obscenity, not used for art’s sake but for
commercial purposes, fall under this article.
 Disposition of prohibited articles:
o Upon conviction of the
offender – forfeited in favour of the
government, to be destroyed
o When offender is
acquitted – forfeited in favour of the
government to be destroyed, after forfeiture
proceedings are conducted by Chief of
Constabulary (PNP)
o Person aggrieved may
appeal the forfeiture action to the Secretary
of National Defense for review.
 In case the offender is a
government official or employee who allows the
violations, the penalty is imposed in the
maximum period and the accessory penalties
shall likewise be imposed.
 Obscene publications and indecent
shows under RA 7610 (please refer to
exploitation of minors, Title Nine)
People vs. Kottinger
Postcards of non-Christians inhabitants of the Philippines in
their native dress were questioned to be obscene.
HELD: The SC said that the postcards were not obscene
because the aggregate judgment of the community, and
the moral sense of the people were not shocked by those
pictures. They were not offensive to chastity but merely
depicted persons as they actually lived.
People vs. Aparici
A case about a girl dancing hula-hula in the theater making
the audience of males shout “sige muna, sige,
nakakalibog!’
HELD: The SC decided that the dance was immoral and
indecent using the reaction of the public as the gauge in
the determination of indecency.
People vs. Padan
This is a case about a “live show” done in Tondo.
HELD: SC said that an actual exhibition of sexual act can
have no redeeming feature- no room for art. Therefore, it
is a clear and unmitigated obscenity. The exhibition was an
offense to public morals.
Article 202. Vagrants and prostitutes
Who are vagrants:
1. Any person having no apparent means of
subsistence, who has the physical ability to work
and who neglects to apply himself or herself to
some lawful calling;
2. Any person found loitering about public or semi-
public buildings or places or trampling or
wandering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who ledges in houses
of ill fame;
4. Ruffians or pimps and those who habitually
associate with prostitutes;
5. Any person who, not being included in the
provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose;
6. Prostitutes, who are women who, for money or
profit, habitually indulge in sexual intercourse or
lascivious conduct.
 Absence of visible means of support is an
essential element of vagrancy only under the first
and second types.
 Loitering around saloons and gambling houses is
vagrancy only when there is evidence of absence
of visible means of support.
 Vagrants under the third and fourth type:
o Dissolute means lax, unrestrained
or immoral.
o Maintainer of prostitution house
may be punished under this article.
o Ruffians are brutal, violent lawless
persons.
o A pimp is one who provides
gratification for the lust of others.
 Prostitutes are women who HABITUALLY indulge
in sexual intercourse or lascivious conduct, for
money or profit.
P.D. 1563
Mendicancy Law of 1978
What is a mendicant?
A mendicant refers to any person (except
those enumerated in section 4 of the law) who has
no visible and legal means of support, or lawful
employment and who is physically able to work but
neglects to apply himself to some lawful calling and
instead uses begging as a means of living.
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Those enumerated in section 4, who are not
considered mendicants, are the following:
1. Any infant or child 8 years old and below
who is found begging or is being utilized by a
mendicant for purposes of begging
2. Any minor over 9 years of age under 15
found begging or is being utilized for purposes
of begging, and who acted with or without
discernment
3. Any person who is found begging and who
is physically or mentally incapable of gainful
occupation
Who are punishable?
1. A mendicant shall, upon conviction, be
punished by a fine not exceeding P500.00 or by
imprisonment for a period not exceeding 2 years
or both at the discretion of the court.
2. A habitual mendicant (one who has been
convicted of mendicancy under this law two or
more times) shall be punished by a fine not
exceeding P1,000.00 or by imprisonment for a
period not exceeding 4 years or both at the
discretion of the court.
3. Parents of exploited infants or minors
(those enumerated under section 4) are
punishable under P.D. 603, unless they are
themselves mendicants.
4. Any person who abets mendicancy by
giving alms directly to mendicants, exploited
infants and minors on public roads, sidewalks,
parks and bridges shall be punished by a fine
nor exceeding P20.00.
REPUBLIC ACT NO. 10158
AN ACT DECRIMINALIZING VAGRANCY, AMENDING
FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE
SECTION 1. Article 202 of the Revised Penal Code is hereby,
amended to read as follows:
“Article 202. Prostitutes; Penalty. – For the purposes of this
article, women who, for money or profit, habitually indulge
in sexual intercourse or lascivious conduct, are deemed to be
prostitutes.
“Any person found guilty of any of the offenses covered by
this article shall be punished by arresto menor or a fine not
exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correctional in its
minimum period or a fine ranging from 200 to 2,000 pesos,
or both, in the discretion of the court.”
Republic Act No. 92808
AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Trafficking In Persons means:
A. 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. It is any form of unlawful
activity the subject of which is the
(a) any form of sexual exploitation of a person
(b) forced labor or services or slavery
(c) servitude
(d) removal or sale of human organs
B. The recruitment, transportation, transfer, or 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
The following are the acts punished:
A. To recruit, transport, transfer, harbor, provide, or receive
a person by any means for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
*Debt bondage- the act of pledging of personal services or
labor by the debtor or of any person under his control as
security or payment of a debt when the length and nature of
services is not clearly defined or when the value of the
services as reasonable assessed is not applied toward the
liquidation of the debt
B. To introduce or match for money or profit or any other
consideration, any person or Filipina woman to a foreign
national for the same purposes or exploitation.
C. To offer or contract marriage, real or simulated, for said
purposes
D. To undertake or organize sex tours and travel plans
E. To maintain or hire a person to engage in prostitution or
pornography
F. To adopt or facilitate the adoption of persons for said
purposes
G. To recruit, hire, adopt or abduct, by any unlawful means,
for the purposes of removal or sale of organs of a person
H. To recruit, transport or adopt a child to engage in armed
activities
C2005 Criminal Law 2 Reviewer
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