Republic of the Philippines agencies in their campaign against crime, stop the proliferation of illegal
Congress of the Philippines firearms or weapons and the illegal manufacture of firearms or weapons,
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July,
two thousand twelve.
[REPUBLIC ACT NO. 10591]
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS
SECTION 1. Short Title. – This Act shall be known as the “Comprehensive
Firearms and Ammunition Regulation Act”.
SEC. 2. Declaration of State Policy. – It is the policy of the State to maintain
peace and order and protect the people against violence. The State also
recognizes the right of its qualified citizens to self-defense through, when it
is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall
provide for a comprehensive law regulating the ownership, possession,
carrying, manufacture, dealing in and importation of firearms, ammunition,
or parts thereof, in order to provide legal support to law enforcement
ammunition and parts thereof.
SEC. 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase
the operational efficiency or accuracy of a firearm but will not constitute any
of the major or minor internal parts thereof such as, hut not limited to, laser
scope, telescopic sight and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet,
gunpowder, cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at
least seventy-five (75) years prior to the current date but not including
replicas; (2) firearm which is certified by the National Museum of the
Philippines to be curio or relic of museum interest; and (3) any other firearm
which derives a substantial part of its monetary value from the fact that it is
novel, rare, bizarre or because of its association with some historical figure,
period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and
ammunition, from or across the territory of one country to that of another
country which has not been authorized in accordance with domestic law in
either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the
Philippine National Police (PNP) authorizing the importation of firearms, or
their parts, ammunition and other components.
(f) Authorized dealer  refers to any person, legal entity, corporation,
partnership or business entity duly licensed by the Firearms and Explosive
Office (FEO) of the PNP to engage in the business of buying and selling
ammunition, firearms or parte thereof, at wholesale or retail basis.
(g) Authorized importer  refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of the PNP to engage in
the business of importing ammunition and firearms, or parts thereof into the
territory of the Republic of the Philippines for purposes of sale or distribution
under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation,
or partnership duly licensed by the FEO of the PNP to engage in the
business of manufacturing firearms, and ammunition or parts thereof for
purposes of sale or distribution.
(i) Confiscated firearm refers to a firearm that is taken into custody by the
PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement agencies by reason of their
mandate and must be necessarily reported or turned over to the PEO of the
PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of
performing its main purpose of firing a projectile.
(k) Duty detail order  refers to a document issued by the juridical entity or
employer wherein the details of the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm information, the specific
duration and location of posting or assignment and the authorized bonded
firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small
arm or light weapon, that expels or is designed to expel a bullet, shot,
slug, missile or any projectile, which is discharged by means of
expansive force of gases from burning gunpowder or other form of
combustion or any similar instrument or implement. For purposes of
this Act, the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS)  refers to the
compilation of all data and information on firearms ownership and
disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason
of court order as accessory penalty or for the disposition by the FEO of the
PNP of firearms considered as abandoned, surrendered, confiscated or
revoked in compliance with existing rules and regulations.
(o) Gun club  refers to an organization duly registered with and accredited in
good standing by the FEO of the PNP which is established for the purpose
of propagating responsible and safe gun ownership, proper appreciation
and use of firearms by its members, for the purpose of sports and shooting
competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of
repairing firearms and other weapons or constructing or assembling
firearms and weapons from finished or manufactured parts thereof on a per
order basis and not in commercial quantities or of making minor parts for
the purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that
is so substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to believe that such
imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued with a license to possess
or to carry firearms outside of the residence in accordance with this Act.
(s) Licensed, juridical entity  refers to corporations, organizations,
businesses including security agencies and local government units (LGUs)
which are licensed to own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-
loading pistols, rifles and carbines, submachine guns, assault rifles
and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons serving as a crew, or
rifles and machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld underbarrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank guns, recoilless rifles,
portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a caliber of
less than 100MM.
(u) Long certificate of registration  refers to licenses issued to government
agencies or offices or government-owned or -controlled corporations for
firearms to be used by their officials and employees who are qualified to
possess firearms as provider in this Act, excluding security guards.
(v) Loose firearm  refers to an unregistered firearm, an obliterated or altered
firearm, firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual other than
the licensee and those with revoked licenses in accordance with the rules
and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame,
receiver, cylinder or the bolt assembly. The term also includes any part or
kit designed and intended for use in converting a semi-automatic burst to a
full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the
major parts which are necessary to effect and complete the action of
expelling a projectile by way of combustion, except those classified as
accessories.
(y) Permit to carry firearm outside of residence refers to a written authority
issued to a licensed citizen by the Chief of the PNP which entitles such
person to carry his/her registered or lawfully issued firearm outside of the
residence for the duration and purpose specified in the authority.
(z) Permit to transport firearm  refers to a written authority issued to a
licensed citizen or entity by the Chief of the PNP or by a PNP Regional
Director which entitles such person or entity to transport a particular firearm
from and to a specific location within the duration and purpose in the
authority.
(aa) Residence refers to the place or places of abode of the licensed citizen
as indicated in his/her license.
(bb) Shooting range refers to a facility established for the purpose of
firearms training and skills development, firearm testing, as well as for
sports and competition shooting either for the exclusive use of its members
or open to the general public, duly registered with and accredited in good
standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO
of the PNP for a government official or employee who was issued by his/her
employer department, agency or government-owned or -controlled
corporation a firearm covered by the long certificate of registration.
(dd) Small arms  refer to firearms intended to be or primarily designed
for individual use or that which is generally considered to mean a
weapon intended to be fired from the hand or shoulder, which are not
capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which
includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with
or permanently aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the
shoulder that can discharge a bullet through a rifled barrel by different
actions of loading, which may be classified as lever, bolt, or self-loading;
and
(3) Shotgun which is a weapon designed, made and intended to fire a
number of ball shots or a single projectile through a smooth bore by the
action or energy from burning gunpowder.
(ee) Sports shooting competition  refers to a defensive, precision or practical
sport shooting competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated  or altered firearm  refers to any firearm whose
serial number or other identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered without authority or in
order to conceal its source, identity or ownership.
(gg) Thermal weapon sight  refers to a battery operated, uncooled thermal
imaging device which amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which is used to locate and
engage targets during daylight and from low light to total darkness and
operates in adverse conditions such as light rain, light snow, and dry smoke
or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
SEC. 4. Standards and Requisites for Issuance of and Obtaining a
License to Own and Possess Firearms. – In order to qualify and
acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be a Filipino citizen, at least twenty-
one (21) years old and has gainful work, occupation or business or
has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by
appropriate authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral
turpitude:
(b) The applicant has passed the psychiatric test administered by a PNP-
accredited psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by
the PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered
firearm which shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or
municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a
pending criminal case before any court of law for a crime that is punishable
with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal
case before the courts of law shall qualify the accused thereof to qualify and
acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in
the implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity
shall submit his/her duty detail order to the FEO of the PNP.
SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. –
A juridical person maintaining its own security force may be issued a
regular license to own and possess firearms and ammunition under
the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and
Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the
SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the
Bureau of Internal Revenue.
The application shall be made in the name of the juridical person
represented by its President or any of its officers mentioned below as duly
authorized in a board resolution to that effect: Provided,  That the officer
applying for the juridical entity, shall possess all the qualifications required
of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the
vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed
holders but shall be subject to additional requirements as may be required
by the Chief of the PNP.
SEC. 6. Ownership of Firearms by the National Government. – All
firearms owned by the National Government shall be registered with
the FEO of the PNP in the name of the Republic of the Philippines.
Such registration shall be exempt from all duties and taxes that may
otherwise be levied on other authorized owners of firearms. For
reason of national security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law enforcement agencies
shall only be reported to the FEO of the PNP.
SEC. 7. Carrying of Firearms Outside of Residence or Place of
Business. – A permit to carry firearms outside of residence shall be
issued by the Chief of the PNP or his/her duly authorized
representative to any qualified person whose life is under actual threat
or his/her life is in imminent danger due to the nature of his/her
profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under
actual threat by submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in
imminent danger due to the nature of their profession, occupation or
business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants; Type 3 license – allows a citizen to own and possess a maximum of ten (10)
registered firearms;
(c) Accredited Media Practitioners;
Type 4 license – allows a citizen to own and possess a maximum of fifteen
(d) Cashiers, Bank Tellers; (15) registered firearms; and

(e) Priests, Ministers, Rabbi, Imams; Type 5 license – allows a citizen, who is a certified gun collector, to own and
possess more than fifteen (15) registered firearms.
(f) Physicians and Nurses;
For Types 1 to 5 licenses, a vault or a container secured by lock and key or
other security measures for the safekeeping of firearms shall be required.
(g) Engineers; and

For Types 3 to 5 licenses, the citizen must comply with the inspection and
(h) Businessmen, who by the nature of their business or undertaking, are
bond requirements.
exposed to high risk of being targets of criminal elements.

SEC. 10. Firearms That May Be Registered. – Only small arms may be

ARTICLE III
REGISTRATION AND LICENSING
SEC. 8. Authority to Issue License. – The Chief of the PNP, through the
FEO of the PNP, shall issue licenses to qualified individuals and to cause
the registration of firearms.
SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set
forth in this Act and payment of required fees to be determined by the Chief
of the PNP, a qualified individual may be issued the appropriate license
under the following categories;
Type 1 license – allows a citizen to own and possess a maximum of two (2)
registered firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5)
registered firearms;
registered by licensed citizens or licensed juridical entities for ownership,
possession and concealed carry. A light weapon shall be lawfully acquired
or possessed exclusively by the AFP, the PNP and other law enforcement
agencies authorized by the President in the performance of their
duties: Provided,  That private individuals who already have licenses to
possess Class-A light weapons upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing the same and renewing the
licenses therefor, for the sole reason that these firearms are Class “A” light
weapons, and shall be required to comply with other applicable provisions
of this Act.
SEC. 11. Registration of Firearms. – The licensed citizen or licensed
juridical entity shall register his/her/its firearms so purchased with the FEO
of the PNP in accordance with the type of license such licensed citizen or
licensed juridical entity possesses. A certificate of registration of the firearm
shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval,
record-keeping and monitoring of firearms with the FEO of the PNP in
accordance with the type of license issued to any person under Section 9 of
this Act.
SEC. 12. License to Possess Ammunition Necessarily Included. – The
licenses granted to qualified citizens or juridical entities as provided in
Section 9 of this Act shall include the license to possess ammunition with a
maximum of fifty (50) rounds for each registered firearm: Provided;  That the
FEO of the PNP may allow more ammunition to be possessed by licensed
sports shooters.
SEC. 13. Issuance of License to Manufacture or Deal In Firearms and
Ammunition. – Any person desiring to manufacture or deal in firearms, parts
of firearms or ammunition thereof, or instruments and implements used or
intended to be used in the manufacture of firearms, parts of firearms or
ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government
(DILG) in the case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and
firearms parts, ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or
cost of the purchase and sale of said articles intended to be transacted by
such applicant; and the types of firms, ammunition or implements which the
applicant intends to manufacture or purchase and sell under the license
applied for; and such additional information as may be especially requested
by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or
disapprove such application based on the prescribed guidelines. In the case
of approval, the Secretary of the DILG or the Chief of the PNP shall indicate
the amount of the bond to be executed by the applicant before the issuance
of the license and the period of time by which said license shall be effective,
unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms
by the Secretary of the DILG or the Chief of the PNP as the case may be,
the same shall be transmitted to the FEO of the PNP which shall issue the
license in accordance with the approved terms and conditions, upon the
execution and delivery by the applicant of the required bond conditioned
upon the faithful compliance on the part of the licensee to the laws and
regulations relative to the business licensed.
SEC. 14. Scope of License to Manufacture Firearms and Ammunition. –
The scope of the License to Manufacture firearms and ammunition shall
also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare
parts and accessories, ammunition components, and reloading of
ammunitions, within sites, areas, and factories stated therein. The Secretary
of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to
Manufacture, such as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories
necessary for the firearms which the manufacturer is licensed to
manufacture: Provided,  That the subcontractor of major parts or major
components is also licensed to manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and
ammunition components for the manufacture thereof. Firearm parts and
ammunition components to be imported shall, however, be limited to those
authorized to be manufactured as reflected in the approved License to
Manufacture. The Import Permit shall be under the administration of the
PNP.
A licensed manufacturer of ammunition is also entitled to import various
reference firearms needed to test the ammunition manufactured under the
License to Manufacture. A licensed manufacturer of firearms, on the other
hand, is entitled to import various firearms for reference, test and evaluation
for manufacture of similar, types of firearms covered by the License to
Manufacture.
An export permit shall, however, be necessary to export manufactured parts
or finished products of firearms and ammunition. The Export Permit of
firearms and ammunition shall be under the administration of the PNP.
SEC. 15. Registration of Locally Manufactured and Imported Firearms. –
Local manufacturers and importers of firearms and major parts thereof shall
register the same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial
registration shall be done at the manufacturing facility: Provided, That
firearms intended for export shall no longer be subjected to ballistic
identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be
done upon arrival at the FEO of the PNP storage facility.
SEC. 16. License and Scope of License to Deal. – The License to Deal
authorizes the purchase, sale and general business in handling firearms
and ammunition, major and minor parts of firearms, accessories, spare
parts, components, and reloading machines, which shall be issued by the
Chief of the PNP.
SEC. 17. License and Scope of License for Gunsmiths. – The license for
gunsmiths shall allow the grantee to repair registered firearms. The license
shall include customization of firearms from finished or manufactured parts
thereof on per order basis and not in commercial quantities and making the
minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only
for the purpose of repairing the registered firearm. The license for
gunsmiths shall be issued by the Chief of the PNP.
SEC. 18. Firearms for Use in Sports and Competitions. – A  qualified
individual shall apply for a permit to transport his/her registered firearm/s
from his/her residence to the firing range/s and competition sites as may be
warranted.
SEC. 19. Renewal of Licenses and Registration. – All types of licenses to
possess a firearm shall be renewed every two (2) years. Failure to renew
the license on or before the date of its expiration shall cause the revocation
of the license and of the registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure
to renew the registration of the firearm on or before the date of expiration
shall cause the revocation of the license of the firearm. The said firearm
shall be confiscated or forfeited in favor of the government after due
process.
The failure to renew a license or registration within the periods stated above
on two (2) occasions shall cause the holder of the firearm to be perpetually
disqualified from applying for any firearm license. The application for the
renewal of the license or registration may be submitted to the FEO of the
PNP, within six (6) months before the date of the expiration of such license
or registration.
SEC. 20. Inspection and Inventory. – The Chief of the PNP or his/her
authorized representative shall require the submission of reports, inspect or
examine the inventory and records of a licensed manufacturer, dealer or
importer of firearms and ammunition during reasonable hours.
 ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. –
Firearms and ammunition may only be acquired or purchased from
authorized dealers, importers or local manufacturers and may be
transferred or sold only from a licensed citizen or licensed juridical entity to
another licensed citizen or licensed juridical entity: Provided, That, during
election periods, the sale and registration of firearms and ammunition and
the issuance of the corresponding licenses to citizens shall be allowed on
the condition that the transport or delivery thereof shall strictly comply with
the issuances, resolutions, rules and regulations promulgated by the
Commission on Elections.
SEC. 22. Deposit of Firearms by Persons Arriving From  Abroad. – A person
arriving in the Philippines who is legally in possession of any firearm or
ammunition in his/her country of origin and who has declared the existence
of the firearm upon embarkation and disembarkation but whose firearm is
not registered in the Philippines in accordance with this Act shall deposit the
same upon written receipt with the Collector of Customs for delivery to the
FEO of the PNP for safekeeping, or for the issuance of a permit to transport
if the person is a competitor in a sports shooting competition. If the
importation of the same is allowed and the party in question desires to
obtain a domestic firearm license, the same should be undertaken in
accordance with the provisions of this Act. If no license is desired or leave
to import is not granted, the firearm or ammunition in question shall remain
in the custody of the FEO of the PNP until otherwise disposed of in-
accordance with law.
SEC. 23. Return of Firearms to Owner upon Departure from the
Philippines. – Upon the departure from the Philippines of any person whose
firearm or ammunition is in the custody of the FEO of the PNP, the same
shall, upon timely request, be delivered to the person through the Collector
of Customs. In the case of a participant in a local sports shooting
competition, the firearm must be presented to the Collector of Customs
before the same is allowed to be loaded on board the carrier on which the
person is to board.
SEC. 24. Safekeeping of Firearms and Ammunition. – Any licensee may
deposit a registered firearm to the FEO of the PNP, or any Police Regional
Office for safekeeping. Reasonable fees for storage shall be imposed.
SEC. 25. Abandoned Firearms and Ammunition. – Any firearm or
ammunition deposited in the custody of the FEO of the PNP pursuant to the
provisions of this Act, shall be deemed to have been abandoned by the
owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP may
dispose of the same after compliance with established procedures.
SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability
of the holder of a firearm license, it shall be the duty of his/her next of kin,
nearest relative, legal representative, or other person who shall knowingly
come into possession of such firearm or ammunition, to deliver the same to
the FEO of the PNP or Police Regional Office, and such firearm or
ammunition shall be retained by the police custodian pending the issuance
of a license and its registration in accordance, with this Act. The failure to
deliver the firearm or ammunition within six (6) months after the death or
legal disability of the licensee shall render the possessor liable for illegal
possession of the firearm.
SEC. 27. Antique Firearm. – Any person who possesses an antique firearm
shall register the same and secure a collector’s license from the FEO of the
PNP. Proper storage of antique firearm shall be strictly imposed.
Noncompliance of this provision shall be considered as illegal possession of
the firearm as penalized in this Act.
 ARTICLE V
PENAL PROVISIONS
SEC. 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 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.
SEC. 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.
SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its
minimum to prision mayor  in its medium period shall be imposed upon the
owner, president, manager, director or other responsible officer of/any
public or private firm, company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course of their
employment.
SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty
of prision correccional  and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own a firearm but who shall
carry the registered firearm outside his/her residence without any legal
authority therefor.
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of
Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture of Firearms, Ammunition
or Parts Thereof. – The penalty of reclusion temporal  to reclusion
perpetua shall be imposed upon any person who shall unlawfully engage in
the manufacture, importation, sale or disposition of a firearm or ammunition,
or a major part of a firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the manufacture of a
firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the
manufacture of firearms, ammunition, or major parts thereof by any person
whose business, employment or activity does not lawfully deal with the
possession of such article, shall be prima facie  evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms,
ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor  in its
medium period shall be imposed upon any laborer, worker or employee of a
licensed firearms dealer who shall unlawfully take, sell or otherwise dispose
of parts of firearms or ammunition which the company manufactures and
sells, and other materials used by the company in the manufacture or sale
of firearms or ammunition. The buyer or possessor of such stolen part or
material, who is aware that such part or material was stolen, shall suffer the
same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership,
association or other juridical entity, the penalty provided for in this section
shall be imposed upon the directors, officers, employees or other officials or
persons therein who knowingly and willingly participated in the unlawful act.
SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua  shall be
imposed upon any person who shall engage or participate in arms
smuggling as defined in this Act.
SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. –
The penalty of prision correccional to prision mayor  in its minimum period
shall be imposed upon any person who shall tamper, obliterate or alter
without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any
firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar
identifying characteristics essential in forensic examination of a firearm or
light weapon.
The PNP shall place this information, including its individual or peculiar
identifying characteristics into the database of integrated firearms
identification system of the PNP Crime Laboratory for future use and
identification of a particular firearm.
SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the
commission of a crime shall be considered a real firearm as defined in
this Act and the person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused on the
occasion of the conduct of competitions, sports, games, or any
recreation activities involving imitation firearms shall not be
punishable under this Act.
SEC. 36. In Custodia Legis. – During the pendency of any case filed in
violation of this Act, seized firearm, ammunition, or parts thereof,
machinery, tools or instruments shall remain in the custody of the
court. If the court decides that it has no adequate means to safely
keep the same, the court shall issue an order to turn over to the PNP
Crime Laboratory such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody during the pendency of
the case and to produce the same to the court when so ordered. No
bond shall be admitted for the release of the firearm, ammunition or
parts thereof, machinery, tool or instrument. Any violation of this
paragraph shall be punishable by prision mayor in its minimum period
to prision mayor in its medium period.
SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for
any violation of this Act shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm, ammunition, or parts
thereof, machinery, tool or instrument in favor of the government
which shall be disposed of in accordance with law.
SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in
its maximum period shall be imposed upon any person who shall willfully
and maliciously insert; place, and/or attach, directly or indirectly, through
any overt or covert act, any firearm, or ammunition, or parts thereof in the
person, house, effects, or in the immediate vicinity of an innocent individual
for the purpose of implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this Act to said individual. If
the person found guilty under this paragraph is a public officer or employee,
such person shall suffer the penalty of reclusion perpetua.
SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or
Permit. – The Chief of the PNP or his/her authorized representative may
revoke, cancel or suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of
major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the
penalty carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through
negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of
residence or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited
places;
(f) Dismissal for cause from the service in case of government official and
employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”;
(h) Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine
of Ten thousand pesos (P10,000.00) shall be imposed upon any licensed
firearm holder who fails to report to the FEO of the PNP that the subject
firearm has been lost or stolen within a period of thirty (30) days from the
date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon
any person holding a valid firearm license who changes residence or office
address other than that indicated in the license card and fails within a period
of thirty (30) days from said transfer to notify the FEO of the PNP of such
change of address.
SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to
transfer possession of any firearm to any person who has not yet obtained
or secured the necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who
shall violate the provision of the preceding paragraph. In addition, he/she
shall be disqualified to apply for a license to possess other firearms and all
his/her existing firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms, ammunition or
major parts of firearms or light weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or public officer to private
individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the
registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the penalty of prision
correccional.
ARTICLE VI
FINAL PROVISIONS
SEC. 42. Firearms Repository. – The FEO of the PNP shall be the sole
repository of all firearms records to include imported and locally
manufactured firearms and ammunition. Within one (1) year upon approval
of this Act, all military and law enforcement agencies, government agencies,
LGUs and government-owned or -controlled corporations shall submit an
inventory of all their firearms and ammunition to the PNP.
SEC. 43. Final Amnesty. – Persons in possession of unregistered firearms
and holders of expired license or unregistered firearms shall register and
renew the same through the Final General Amnesty within six (6) months
from the promulgation of the implementing rules and regulations of this Act.
During the interim period of six (6) months, no person applying for license
shall be charged of any delinquent payment accruing to the firearm subject
for registration. The PNP shall conduct an intensive nationwide campaign to
ensure that the general public is properly informed of the provisions of this
Act.
SEC. 44. Implementing Rules and Regulations. – Within one hundred
twenty (120) days from the effectivity of this Act, the Chief of the PNP, after
public hearings and consultation with concerned sectors of society shall
formulate the necessary rules and regulations for the effective
implementation of this Act to be published in at least two (2) national
newspapers of general circulation.
SEC. 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of
Presidential Decree No. 1866, as amended, and Section 6 of Republic Act
No. 8294 and all other laws, executive orders, letters of instruction,
issuances, circulars, administrative orders, rules or regulations that are
inconsistent herewith.
SEC. 46. Separability Clause. – If any provision of this Act or any part
hereof is held invalid or unconstitutional, the remainder of the law or the
provision not otherwise affected shall remain valid and subsisting.
SEC. 47. Effectivity. – This Act shall take effect after fifteen (15) days from
its publication in a newspaper of nationwide circulation.
Additional Questions/ NOTES:
 ALL crimes absorbs RA10591
 Ex.Murder and RA10591 - The use of unregistered firearm
aggravates murder
 Grave threat in relation to RA10591
 If Penalty of grave threat is lower than RA10591? RA 10591 penalty
will be implemented
 If Penalty of crimes are equal? The said penalty will be followed with
an additional penalty of prision mayor
 Threat assessment certificate needs to be submitted in relation to SEC
7 or carrying of firearms outside
 A firearm with a permit to possess is registered
 Firearm with permit to carry means that it could be brought out of the
residence
 Firearm with permit to transport could be delivered from one place to
another
 Upon arrest, Police conduct initial firearms Verification report - to
know if it is registered
 In court, the witness should be able to identify the firearm
 Through search warrant, warrant should be brought to court,the
court would issue return of warrant
Republic Act No. 7610             June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of
Children Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby
declared to be the policy of the State to provide special protection to
children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of
child abuse, exploitation and discrimination. The State shall intervene
on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the
child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher
or person having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or
will affect their survival and normal development and over which they
have no control.
The best interests of children shall be the paramount consideration in
all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention of the Rights
of the Child. Every effort shall be exerted to promote the welfare of
children and enhance their opportunities for a useful and happy life.
(protects welfare of children)
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;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food
and shelter; or
(4) 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.
(c) "Circumstances which gravely threaten or endanger the survival and
normal development of children" include, but are not limited to, the
following;
(1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which
unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a
good quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed for a good quality
of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life,
safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and facilities to
protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal
development of children.1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a
comprehensive program to be formulated, by the Department of Justice and
the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1)
year from the effectivity of this Act, to protect children against child
prostitution and other sexual abuse; child trafficking, obscene publications
and indecent shows; other acts of abuse; and circumstances which
endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
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 6. Attempt To Commit Child Prostitution. – There is an attempt
to commit child prostitution under Section 5, paragraph (a) hereof
when any person who, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and other sexual
abuse.
There is also an attempt to commit child prostitution, under paragraph
(b) of Section 5 hereof when any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall
be imposed upon the principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper case, under the
Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading
and dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the victim is under twelve (12)
years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to
commit child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents or
legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking; or
(d) 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
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated
felony under Section 7 hereof shall be imposed upon the principals of the
attempt to commit child trafficking under this Act.
 ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person
who shall hire, employ, use, persuade, induce or coerce a child to perform
in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to sell or
distribute the said materials shall suffer the penalty of prision mayor in its
medium period.
If the child used as a performer, subject or seller/distributor is below twelve
(12) years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care
of a child who shall cause and/or allow such child to be employed or to
participate in an obscene play, scene, act, movie or show or in any other
acts covered by this section shall suffer the penalty of prision mayor in its
medium period.
ARTICLE VI
Other Acts of Abuse
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 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.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – 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. A sign with the words "off limits" shall
be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall
not be less than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prision
correccional.
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. An enterprise such as a sauna, travel agency, or
recruitment agency which: promotes the aforementioned acts as part of a
tour for foreign tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits
children or activities constituting the aforementioned acts shall be deemed
to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years
of age may be employed except:
(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.
The Department of Labor Employment shall promulgate rules and
regulations necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The
Department of Education, Culture and Sports shall promulgate a course
design under its non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working children who have
not undergone or finished elementary or secondary education. Such course
design shall integrate the learning process deemed most effective under
given circumstances.
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. – No person shall employ child models in all commercials
or advertisements promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the
duties provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this
Article shall suffer the penalty of a fine of not less than One thousand pesos
(P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment
of not less than three (3) months but not more than three (3) years, or both
at the discretion of the court; Provided, That, in case of repeated violations
of the provisions of this Article, the offender's license to operate shall be
revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the
rights guaranteed to children under this Act and other existing laws, children
of indigenous cultural communities shall be entitled to protection, survival
and development consistent with the customs and traditions of their
respective communities.
Section 18. System of and Access to Education. – The Department of
Education, Culture and Sports shall develop and institute an alternative
system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in
their communities. The Department of Education, Culture and Sports shall
also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in
health and nutrition to children of indigenous cultural communities shall be
given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and
nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities
shall not be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural
communities shall suffer a penalty of arresto mayor in its maximum period
and a fine of not less than Five thousand pesos (P5,000) more than Ten
thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their
duly-designated or appointed representatives shall be involved in planning,
decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous
institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared
as Zones of Peace. It shall be the responsibility of the State and all other
sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain this objective, the following policies
shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture or
other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces
of the Philippines of its civilian units or other armed groups, nor be allowed
to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-government
institutions shall be ensured. They shall not be subjected to undue
harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command posts, barracks,
detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children
shall be given priority during evacuation as a result of armed conflict.
Existing community organizations shall be tapped to look after the safety
and well-being of children during evacuation operations. Measures shall be
taken to ensure that children evacuated are accompanied by persons
responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible,
members of the same family shall be housed in the same premises and
given separate accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary shelter,
expectant and nursing mothers and children shall be given additional food in
proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed
Conflict. – Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the following
rights;
(a) Separate detention from adults except where families are
accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; ARTICLE XI
and Remedial Procedures

(d) Release of the child on recognizance within twenty-four (24) hours to the Section 27. Who May File a Complaint. – Complaints on cases of unlawful
custody of the Department of Social Welfare and Development or any acts committed against the children as enumerated herein may be filed by
responsible member of the community as determined by the court. the following:

If after hearing the evidence in the proper proceedings the court should find (a) Offended party;
that the aforesaid child committed the acts charged against him, the court
shall determine the imposable penalty, including any civil liability chargeable (b) Parents or guardians;
against him. However, instead of pronouncing judgment of conviction, the
court shall suspend all further proceedings and shall commit such child to (c) Ascendant or collateral relative within the third degree of
the custody or care of the Department of Social Welfare and Development consanguinity;1awphi1@ITC
or to any training institution operated by the Government, or duly-licensed
agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem (d) Officer, social worker or representative of a licensed child-caring
proper, after considering the reports and recommendations of the institution;
Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed. (e) Officer or social worker of the Department of Social Welfare and
Development;
The aforesaid child shall subject to visitation and supervision by a
representative of the Department of Social Welfare and Development or any (f) Barangay chairman; or
duly-licensed agency or such other officer as the court may designate
subject to such conditions as it may prescribe. (g) At least three (3) concerned responsible citizens where the violation
occurred.
The aforesaid child whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases. Section 28. Protective Custody of the Child. – The offended party shall
be immediately placed under the protective custody of the Department of
Section 26. Monitoring and Reporting of Children in Situations of Social Welfare and Development pursuant to Executive Order No. 56,
Armed Conflict. – The chairman of the barangay affected by the armed series of 1986. In the regular performance of this function, the officer of the
conflict shall submit the names of children residing in said barangay to the Department of Social Welfare and Development shall be free from any
municipal social welfare and development officer within twenty-four (24) administrative, civil or criminal liability. Custody proceedings shall be in
hours from the occurrence of the armed conflict. accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his
name may be withheld from the public until the court acquires jurisdiction
over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer in case of television and
radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of
the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of
this Act shall be heard in the chambers of the judge of the Regional Trial
Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving detention
prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of cases involving violations of
this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum
period if the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the
officer or employee thereof who is responsible for the violation of this Act
shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period
when the perpetrator is an ascendant, parent guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity, or a
manager or owner of an establishment which has no license to operate or
its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after
service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum
period if the offender is a public officer or employee: Provided, however,
That if the penalty imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute disqualification shall also be
imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and administered
as a cash fund by the Department of Social Welfare and Development and
disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this
Act, the Department of Justice, in coordination with the Department of
Social Welfare and Development, shall promulgate rules and regulations of
the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2)
national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and
thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared
invalid or unconstitutional, the remaining provisions not affected thereby
shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent
with the provisions of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon
completion of its publication in at least two (2) national newspapers of
general circulation.
Approved: June 17, 1992.lawphi1Ÿ
Notes:
Five categories of offenses:
1. Child Prostitution and Other Sexual Abuse (Art 3, sec 5a, sec 5b)
2. Child Trafficking (Art 4)
3. Obscene Publications and Indecent Shows (Art 5)
4. Other Acts of Abuse (Art 5, sec 10)
5. Children of Indigenous Cultural Communities (Art 9)
Difference btw Sec 5a and 5b
Sec 5a - facilitating, the one delivering to the customers (ex. Owner of the
bar conducting prostitution)
Sec 5b - engaging in the actual sexual act, doing the sexual intent,
Lascivious conduct (ex. The person paying for the prostitution service)
Pp vs Ursua
Father came home to his two children, separated from his wife, he
asked one of his daughter to buy him lugaw. That night he was alleged to
have touched one of his daughter, inserted his organ to his daughter. -
convicted
CA: the case should only be acts of lasciviousness as. No penis was
inserted to the daughter
SC: If the child is below 12 years old, acts of lasciviousness - Art336 RPC
in relation to Sec 5b of RA 7160
-If the. Child is above 12 yrs old but below 18 yrs old 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;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;
Persons protected by 7160: children t below 18 yrs old 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;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;
If a child(girl) below 18 years old engages in a relationship to a boy in
an age of maturity, and engages in sexual intercourse, is consent
applicable?
No. Consent is not accepted as a defense under RA 7610
Note: malto v pp
“a child can give consent provided that he or she is not
intimidated. Sexual intercourse is allowed”

How to prove the age?
Birth Certificate, Baptismal, testimony of family and friends
Jurisprudence say: “if a child testifies, that could be use as a proof
provided that there is no objection.”
Case: Pp. V Francis Ursua
Facts:
AAA was born on January 16, 19923 and is accused-appellant Ursua's
biological daughter. Together with her father and elder brother, BBB, she
lived in a small house with one room, but without kitchen and living
room (sala).
Around 12:00 midnight on January 17, 2006, Ursua, who was drunk, woke
up AAA and instructed her to buy a porridge (lugaw). After eating, he told
her to turn off the light and close the door. As they were sleeping in one
bed, he undressed her, touched her vagina, and held her breast. He then
removed his short pants and brief, moved on top of her, pulled his penis,
and inserted it into her vagina. He told her not to make any noise.
Consequently, she merely cried and did not shout, resist, or ask her father
to stop. After the acts were done, they went to sleep.
Early dawn the next day, Ursua repeated the dastardly acts on AAA. He
held her vagina and breast and inserted his penis into her
vagina.1âwphi1 Again, she did not ask for any help. She did not shout
because her father almost hit her ("muntik na po nya akong sapakin '').He
told her not to make any noise; hence, she just cried. Later in the evening,
around 10 p.m., Ursua once more held AAA's breasts and vagina and
placed himself on top of her ("pinatong po nya uli yang, pumatong po uli sya
sa akin ").4
From January 17 to 18, 2006, BBB was in the street, selling in the market.
On January 19, 2006, AAA left their house and went to her
godfather (ninong), CCC. She told him what happened between her and
Ursua. She did not return to their house and stayed with her ninong and
cousins in a place under the Pasig City Hall.
On November 14, 2006, AAA, assisted by a liaison officer of the
Department of Social Welfare and Development (DSWD), executed a sworn
statement before the Women and Children Concern Unit of the Pasig City
Police Station.5 Based on the Request for Genital Examination by the police
station, PSI Marianne Ebdane, a Medico-Legal Officer of the Philippine
National Police Crime Laboratory in Camp Crame, Quezon City, conducted
a medical examination of AAA on November 9, 2006. After finding that there
were deep healed laceration at 7 o'clock position and shallow healed
lacerations at 2, 3 and 9 o'clock positions, she concluded that there is a
clear evidence of remote history of blunt force or penetrating trauma to
AAA's hymen.6 She interviewed AAA, who disclosed that it was caused by
her father who inserted his organ into her vagina.
Issue: Won Ursua violated ra 7610
Ruling:
Accordingly, for the guidance of public prosecutors and the
courts, the Court takes this opportunity to prescribe the
following guidelines in designating or charging the proper
offense in case lascivious conduct is committed under
Section 5(b) of R.A. No. 7610, and in determining the
imposable penalty:
1. The age of the victim is taken into consideration in
designating the offense, and in determining the imposable
penalty.
 2. If the victim is under twelve (12) years of age, the
nomenclature of the crime should be "Acts of
Lasciviousness under Article 336 of the Revised Penal
Code in relation to Section 5(b) of R.A. No. 7610. Pursuant
to the second proviso in Section 5(b) of R.A. No. 7610, the
imposable penalty is reclusion temporal in its medium
period.
3. If the victim is exactly twelve (12) years of age, or more
than twelve (12) but below eighteen (18) years of age, or is
eighteen (18) years or older but is unable to fully take care
of herself/himself or protect herself/himself from abuse,
neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition, the crime should
be designated as "Lascivious Conduct under Section 5(b)
of R.A. No. 7610," and the imposable penalty is reclusion
temporal in its medium period to reclusion perpetua. 30
MODIFICATION. Accused-appellant Francis Ursua y Bernal is hereby found
guilty beyond reasonable doubt of the following:
1. Two (2) counts of Qualified Rape in Criminal Cases No. 134832-H and
134833-H. He is sentenced to suffer the penalty of reclusion
perpetua without eligibility for parole, and ordered to pay AAA the amounts
of ₱l00,000.00 as civil indemnity, ₱l00,000.00 as moral damages, and
₱l00,000.00 as exemplary damages, for each count; and
2. One (1) count of Sexual Abuse in Criminal Case No. 134834-H. He is
sentenced to suffer the penalty of reclusion perpetua, to pay a fine of
₱l5,000.00, and to pay AAA the amounts of ₱75,000.00 as civil indemnity,
₱75,000.00 as moral damages, and ₱75,000.00 as exemplary damages.
All monetary awards for damages shall earn an interest rate of six percent
(6%) per annum to be computed from the finality of the judgment until fully
paid

Considering that the victim was 14 years old at the time of the commission
of sexual abuse under Section 5(b) of R.A. No. 7610, and there being no
mitigating circumstance to offset the alternative aggravating circumstance of
(paternal) relationship,31 as alleged in the inforn1ation and proved during the
trial of Criminal Case No. 134834-H, Ursua is sentenced to suffer the
penalty of reclusion perpetua and is ordered to pay ₱15,000. 00 as fine,
pursuant to Section 3l(a)32 and (f)33 of R.A. No. 7610, as well as to pay AAA
the amounts of ₱75,000.00 as civil indemnity, ₱75,000.00 as moral
damages, and ₱75,000.00 as exemplary damages, in line with current
Jurisprudence

Finally, a legal interest at the rate of six percent (6%) per annum is imposed
on all the monetary awards for damages from the date of finality of this
judgment until fully paid.35

WHEREFORE, premises considered, the July 1 7, 2014 Decision of the

Court of Appeals in CA-G.R. CR-HC No. 06105 is AFFIRMED WITH

Republic Act No. 9208             May 26, 2003
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
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 1. Title.  This Act shall be known as the "Anti-Trafficking in
Persons Act of 2003".
Section 2. Declaration of Policy. – It is hereby declared that the State
values the dignity of every human person and guarantees the respect of
individual rights. In pursuit of this policy, the State shall give highest priority
to the enactment of measures and development of programs that will
promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human
dignity of women and men as enshrined in the United Nations Universal
Declaration on Human Rights, United Nations Convention on the Rights of
the Child, United Nations Convention on the Protection of Migrant Workers
and their Families. United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and all other
relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.
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;
(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 5. Acts that Promote Trafficking in Persons. - The following
acts which promote or facilitate trafficking in persons, shall be
unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of promoting
trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery.
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 with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution
and trial of an offense under this Act, law enforcement officers, prosecutors,
judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the
accused. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary
to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal circumstances of
the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be
disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall
be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person
utilizing tri-media facilities or information technology to cause publicity of
any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal
knowledge of the commission of any offense under this Act, the trafficked
person, the parents, spouse, siblings, children or legal guardian may file a
complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall
be filed where the offense was committed, or where any of its elements
occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and
sanctions are hereby established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a
fine of not less than One million pesos (P1,000,000.00) but not more than
Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall
suffer the penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon the
owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC)
and license to operate of the erring agency, corporation, association,
religious group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after
serving his sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or
approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to
criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other
benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages
the services of trafficked persons for prostitution shall be penalized as
follows:
(a) First offense - six (6) months of community service as may be
determined by the court and a fine of Fifty thousand pesos (P50,000.00);
and
(b) Second and subsequent offenses - imprisonment of one (1) year and a
fine of One hundred thousand pesos (P100,000.00).
Section 12.  Prescriptive Period. - Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6
shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage
and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she
shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments
Derived from Trafficking in Persons. - In addition to the penalty imposed for
the violation of this Act, the court shall order the confiscation and forfeiture,
in favor of the government, of all the proceeds and properties derived from
the commission of the crime, unless they are the property of a third person
not liable for the unlawful act; Provided, however,  That all awards for
damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the
balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act
or omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, property or instruments of the
offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds
and properties forfeited and confiscated pursuant to Section 14 hereof shall
accrue to a Trust Fund to be administered and managed by the Council to
be used exclusively for programs that will prevent acts of trafficking and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of
society. Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and
establishment of a data collection system for monitoring and evaluation
purposes;
(c) Provision of necessary technical and material support services to
appropriate government agencies and non-government organizations
(NGOs);
(d) Sponsorship of conferences and seminars to provide venue for
consensus building amongst the public, the academe, government, NGOs
and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The
government shall establish and implement preventive, protective and
rehabilitative programs for trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources
and facilities overseas for trafficked persons regardless of their manner of
entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of
the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure
counseling program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall
implement rehabilitative and protective programs for trafficked persons. It
shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the
community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons, in coordination
with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall
actively participate and coordinate in the formulation and monitoring of
policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion of
the issue of trafficking in persons in both its local and international advocacy
for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement
as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement
agency to undertake surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. It shall closely coordinate
with various law enforcement agencies to secure concerted efforts for
effective investigation and apprehension of suspected traffickers. It shall
also establish a system to receive complaints and calls to assist trafficked
persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall
implement an effective pre-employment orientation seminars and pre-
departure counseling programs to applicants for overseas employment. It
shall likewise formulate a system of providing free legal assistance to
trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute
a systematic information and prevention campaign and likewise maintain a
databank for the effective monitoring, documentation and prosecution of
cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs
and other concerned agencies. They shall encourage and support
community based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people's organizations (Pos), civic organizations and
other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons
shall be recognized as victims of the act or acts of trafficking and as such
shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
Section 18.  Preferential Entitlement Under the Witness Protection
Program. - Any provision of Republic Act No. 6981 to the contrary
notwithstanding, any trafficked person shall be entitled to the witness
protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the
guidelines issued by the Council, trafficked persons in the Philippines who
are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under
this Act: Provided, That they shall be permitted continued presence in the
Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby
established an Inter-Agency Council Against Trafficking, to be composed of
the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas
Filipino workers (OFWs) and children, with a proven record of involvement
in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term
of three (3) years.
The members of the Council may designate their permanent
representatives who shall have a rank not lower than an assistant secretary
or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and
accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following
powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and
suppress the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies
to effectively address the issues and problems attendant to trafficking in
persons;
(e) Coordinate the conduct of massive information dissemination and
campaign on the existence of the law and the various issues and problems
attendant to trafficking through the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to
their attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in
cooperation with DOLE, DSWD, Technical Education and Skills
Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of
the government or from NGOs and other civic organizations such
assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the "Migrant
Workers and Overseas Filipinos Act of 1995" with data on cases of
trafficking in persons, and ensure that the proper agencies conduct a
continuing research and study on the patterns and scheme of trafficking in
persons which shall form the basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual
assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications
(DOTC), Department of Trade and Industry (DTI), and other NGOs in
monitoring the promotion of advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary
intervention or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to
attain the purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall
establish the necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure
recovery, rehabilitation and reintegration into the mainstream of society,
concerned government agencies shall make available the following services
to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims'
rights and the procedure for filing complaints, claiming compensation and
such other legal remedies available to them, in a language understood by
the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the
progress of recovery, rehabilitation and reintegration of the trafficked
persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the
category "Overseas Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042, subject to the guidelines as
provided by law.
(b) Overseas Filipino Resource Centers. - The services available to
overseas Filipinos as provided for by Republic Act No. 8042 shall also be
extended to trafficked persons regardless of their immigration status in the
host country.
(c) The Country Team Approach. - The country team approach under
Executive Order No. 74 of 1993, shall be the operational scheme under
which Philippine embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare, dignity and fundamental
rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination
with DOLE and other appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked persons, regardless of whether
they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the provisions of this Act are hereby repealed or modified
victims to greater risks, the DFA shall make representation with the host accordingly: Provided, That this Act shall not in any way amend or repeal
government for the extension of appropriate residency permits and the provision of Republic Act No. 7610, otherwise known as the "Special
protection, as may be legally permissible in the host country. Protection of Children Against Child Abuse, Exploitation and Discrimination
Act".
Section 26. Extradition. - The DOJ, in consultation with DFA, shall
endeavor to include offenses of trafficking in persons among extraditable Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the
offenses. date of its complete publication in at least two (2) newspapers of general
circulation.
Section 27. Reporting Requirements. -  The Council shall submit to the
President of the Philippines and to Congress an annual report of the
policies, programs and activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies

concerned shall immediately include in their programs and issue such rules
and regulations to implement the provisions of this Act, the funding of which
shall be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall

promulgate the necessary implementing rules and regulations within sixty
(60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association,

Religion and the Right to Travel. - Nothing in this Act shall be interpreted as
a restriction of the freedom of speech and of association, religion and the
right to travel for purposes not contrary to law as guaranteed by the
Constitution.

Section 31. Separability Clause. - If, for any reason, any section or

provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.
REPUBLIC ACT No. 10364
Section 32. Repealing clause. - All laws, presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent with the
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "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 PURPOSES"
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title.  – This Act shall be known as the "Expanded
Anti-Trafficking in Persons Act of 2012″.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read
as follows:
"SEC. 2. Declaration of Policy. – It is hereby declared that the State values
the dignity of every human person and guarantees the respect of individual
rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote
human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human
dignity of women and men as enshrined in the United Nations Universal
Declaration on Human Rights, United Nations Convention on the
Elimination of All Forms of Discrimination Against Women, United Nations
Convention on the Rights of the Child, United Nations Convention on the
Protection of Migrant Workers and their Families, United Nations
Convention Against Transnational Organized Crime Including its Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a
signatory."
Section 3. Section 3 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 3. Definition of Terms.  – As used in this Act:
"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer, maintaining, 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.
Note: Trafficking in persons -not a justifying circumstance even with the
persons knowledge
"The recruitment, transportation, transfer, harboring, adoption or receipt of a
child for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
‘trafficking in persons’ even if it does not involve any of the means set forth
in the preceding paragraph.
Note: if the child is the victim, forget the means only the acts &
purposes
"(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  – refers 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 including any work or
service extracted from any person under the menace of penalty.
"(e) Slavery – refers to the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised.
"(f) Involuntary Servitude  – refers to a condition of enforced and compulsory
service induced by means of any scheme, plan or pattern, intended to
cause a person to believe that if he or she did not enter into or continue in
such condition, he or she or another person would suffer serious harm or
other forms of abuse or physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel documents and withholding
salaries, or the abuse or threatened abuse of the legal process.
"(g) 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.
"(h) Sexual Exploitation  – refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money,
profit or any other consideration or where the participation is caused or
facilitated by any means of intimidation or threat, use of force, or other
forms of coercion, abduction, fraud, deception, debt bondage, abuse of
power or of position or of legal process, taking advantage of the vulnerability
of the person, or giving or receiving of payments or benefits to achieve the
consent of a person having control over another person; or in sexual
intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act.
"(i) 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.
"(j) 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.
"(k) Council – shall mean the Inter-Agency Council Against Trafficking
created under Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 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, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, 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, or sexual exploitation;
"(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;
"(f) To adopt persons by any form of consideration for exploitative purposes
or to facilitate the same for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
"(g) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
provide, offer, receive 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;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
provide or receive a person by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage and involuntary servitude,
including a scheme, plan, or pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services, he
or she or another person would suffer serious harm or physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading
them, including but not limited to, the act of baring and/or selling a child for
any consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
"(1) All forms of slavery or practices similar to slavery, involuntary servitude,
debt bondage and forced labor, including recruitment of children for use in
armed conflict;
"(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
"(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is likely to
harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as
acts of trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208,
to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons. –  Where there are acts to
initiate the commission of a trafficking offense but the offender failed to or
did not execute all the elements of the crime, by accident or by reason of
some cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. As such,
an attempt to commit any of the offenses enumerated in Section 4 of this
Act shall constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the following acts shall also be
deemed as attempted trafficking in persons:
"(a) Facilitating the travel of a child who travels alone to a foreign country or
territory without valid reason therefor and without the required
clearance or permit from the Department of Social Welfare and
Development, or a written permit or justification from the child’s parent or
legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a written
consent for adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the
child;
"(d) Simulating a birth for the purpose of selling the child; and
"(e) Soliciting a child and acquiring the custody thereof through any means
from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the
child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208,
to read as follows:
"SEC. 4-B. Accomplice Liability.  – Whoever knowingly aids, abets,
cooperates in the execution of the offense by previous or simultaneous acts
defined in this Act shall be punished in accordance with the provisions of
Section 10(c) of this Act."
Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208,
to read as follows:
"SEC. 4-C. Accessories.  – Whoever has the knowledge of the commission
of the crime, and without having participated therein, either as principal or
as accomplices, take part in its commission in any of the following manners:
"(a) By profiting themselves or assisting the offender to profit by the effects
of the crime;
"(b) By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery;
"(c) By harboring, concealing or assisting in the escape of the principal of
the crime, provided the accessory acts with abuse of his or her public
functions or is known to be habitually guilty of some other crime.
"Acts defined in this provision shall be punished in accordance with the
provision of Section 10(d) as stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read
as follows:
"SEC. 5. Acts that Promote Trafficking in Persons.  – The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues
these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the purpose
of promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act;
"(i) To destroy, conceal, remove, confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or possess, any actual or purported
passport or other travel, immigration or working permit or document, or any
other actual or purported government identification, of any person in order
to prevent or restrict, or attempt to prevent or restrict, without lawful
authority, the person’s liberty to move or travel in order to maintain the labor
or services of that person; or
"(j) To utilize his or her office to impede the investigation, prosecution or
execution of lawful orders in a case under this Act."
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read
as follows:
"SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this
Act shall be considered as qualified trafficking:
"x x x
"(d) When the offender is a spouse, 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;
"x x x
"(f) When the offender is a member of the military or law enforcement
agencies;
"(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 with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS);
"(h) When the offender commits one or more violations of Section 4 over a
period of sixty (60) or more days, whether those days are continuous or not;
and
"(i) When the offender directs or through another manages the trafficking
victim in carrying out the exploitative purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read
as follows:
"SEC. 7. Confidentiality. – At any stage of the investigation, rescue,
prosecution and trial of an offense under this Act, law enforcement officers,
prosecutors, judges, court personnel, social workers and medical
practitioners, as well as parties to the case, shall protect the right to privacy
of the trafficked person. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after
considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or any other information tending to
establish the identity of the trafficked person and his or her family shall not
be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic information technology to
cause publicity of the name, personal circumstances, or any information
tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly, voluntarily
and willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social
workers and medical practitioners shall be trained on the importance of
maintaining confidentiality as a means to protect the right to privacy of
victims and to encourage victims to file complaints."
Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read
as follows:
"SEC. 8. Initiation and Prosecution of Cases. –
*affidavit of desistance is prohibited
"(a) Initiation of Investigation.  – Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit from victims of trafficking,
migrant workers, or their families who are in possession of knowledge or
information about trafficking in persons cases.
"(b) Prosecution of Cases. – Any person who has personal knowledge of
the commission of any offense under this Act, such as the trafficked person,
the parents, spouse, siblings, children or legal guardian may file a complaint
for trafficking.
"(c) Affidavit of Desistance. –  Cases involving trafficking in persons should
not be dismissed based on the affidavit of desistance executed by the
victims or their parents or legal guardians. Public and private prosecutors
are directed to oppose and manifest objections to motions for dismissal.
"Any act involving the means provided in this Act or any attempt thereof for
the purpose of securing an Affidavit of Desistance from the complainant
shall be punishable under this Act."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 10. Penalties and Sanctions.  – The following penalties and sanctions
are hereby established for the offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a
fine of not less than One million pesos (P1,000,000.00) but not more than
Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in
Section 4-A of this Act shall suffer the penalty of imprisonment of fifteen (15)
years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act shall suffer the
penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of
the license or registration of the recruitment agency involved in trafficking.
The license of a recruitment agency which trafficked a child shall be
automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall
suffer the penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
"(f) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon the
owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
"(h) The registration with the Securities and Exchange Commission (SEC)
and license to operate of the erring agency, corporation, association,
religious group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported
after serving his or her sentence and be barred permanently from entering
the country;
"(j) Any employee or official of government agencies who shall issue or
approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to
criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other
benefits shall likewise be forfeited; and
"(k) Conviction, by final judgment of the adopter for any offense under this
Act shall result in the immediate rescission of the decree of adoption."
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 11. Use of Trafficked Persons. –  Any person who buys or engages
the services of a trafficked person for prostitution shall be penalized with the
following: Provided, That the Probation Law (Presidential Decree No. 968)
shall not apply:
"(a) Prision Correccional  in its maximum period to prision mayor or six (6)
years to twelve (12) years imprisonment and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00): Provided, however,  That the following acts shall be
exempted thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or
lascivious conduct with a child, the penalty shall be reclusion temporal  in its
medium period to reclusion perpetua or seventeen (17) years to forty (40)
years imprisonment and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or
sexual intercourse with, a male or female trafficking victim and also involves
the use of force or intimidation, to a victim deprived of reason or to an
unconscious victim, or a victim under twelve (12) years of age, instead of
the penalty prescribed in the subparagraph above the penalty shall be a fine
of not less than One million pesos (P1,000,000.00) but not more than Five
million pesos (P5,000,000.00) and imprisonment of reclusion perpetua or
forty (40) years imprisonment with no possibility of parole; except that if a
person violating paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of trafficking, the offender
shall not be likewise penalized under this section but under Section 10 as a
person violating Section 4; and if in committing such an offense, the
offender also knows a qualifying circumstance for trafficking, the offender
shall be penalized under Section 10 for qualified trafficking. If in violating
this section the offender also violates Section 4, the offender shall be
penalized under Section 10 and, if applicable, for qualified trafficking instead
of under this section;
"(b) Deportation. – If a foreigner commits any offense described by
paragraph (1) or (2) of this section or violates any pertinent provision of this
Act as an accomplice or accessory to, or by attempting any such offense,
he or she shall be immediately deported after serving his or her sentence
and be barred permanently from entering the country; and
"(c) Public Official. –  If the offender is a public official, he or she shall be
dismissed from service and shall suffer perpetual absolute disqualification to
hold public, office, in addition to any imprisonment or fine received pursuant
to any other provision of this Act."
Section 14. Section 12 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however,  That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6, or
against a child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage, or
in the case of a child victim, from the day the child reaches the age of
majority, and shall be interrupted by the filing of the complaint or information
and shall commence to run again when the proceedings terminate without
the accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 16. Programs that Address Trafficking in Persons.  – The government
shall establish and implement preventive, protective and rehabilitative
programs for trafficked persons. For this purpose, the following agencies
are hereby mandated to implement the following programs:
"(a) Department of Foreign Affairs (DFA) – shall make available its
resources and facilities overseas for trafficked persons regardless of their
manner of entry to the receiving country, and explore means to further
enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant
programs. It shall provide Filipino victims of trafficking overseas with free
legal assistance and counsel to pursue legal action against his or her
traffickers, represent his or her interests in any criminal investigation or
prosecution, and assist in the application for social benefits and/or regular
immigration status as may be allowed or provided for by the host country.
The DFA shall repatriate trafficked Filipinos with the consent of the victims.
"The DFA shall take necessary measures for the efficient implementation of
the Electronic Passporting System to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall
provide free temporary shelters and other services to Filipino victims of
trafficking overseas through the migrant workers and other overseas
Filipinos resource centers established overseas under Republic Act No.
8042, as amended.
"(b) Department of Social Welfare and Development (DSWD) – shall
implement rehabilitative and protective programs for trafficked persons. It
shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the
community. It shall establish free temporary shelters, for the protection and
housing of trafficked persons to provide the following basic services to
trafficked persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling and
referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and
schools teaching parents and families that receiving consideration in
exchange for adoption is punishable under the law. Furthermore,
information campaigns must be conducted with the police that they must not
induce poor women to give their children up for adoption in exchange for
consideration.
"(c) Department of Labor and Employment (DOLE) – shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
"(d) Department of Justice (DOJ) – shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons, in coordination
with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
"(e) Philippine Commission on Women (PCW) – shall actively participate
and coordinate in the formulation and monitoring of policies addressing the
issue of trafficking in persons in coordination with relevant government
agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for
women’s issues.
"(f) Bureau of Immigration (BI) – shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement
as provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation
(NBI) – shall be the primary law enforcement agencies to undertake
surveillance, investigation and arrest of individuals or persons suspected to
be engaged in trafficking. They shall closely coordinate with each other and
with other law enforcement agencies to secure concerted efforts for
effective investigation and apprehension of suspected traffickers. They shall
also establish a system to receive complaints and calls to assist trafficked
persons and conduct rescue operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas
Workers and Welfare Administration (OWWA) – POEA shall implement Pre-
Employment Orientation Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall likewise
formulate a system of providing free legal assistance to trafficked persons,
in coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters
and persons facing administrative, civil and criminal complaints for
trafficking filed in the receiving country and/or in the Philippines and those
agencies, illegal recruiters and persons involved in cases of trafficking who
have been rescued by the DFA and DOLE in the receiving country or in the
Philippines even if no formal administrative, civil or criminal complaints have
been filed: Provided, That the rescued victims shall execute an affidavit
attesting to the acts violative of the anti-trafficking law. This blacklist shall be
posted in conspicuous places in concerned government agencies and shall
be updated bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared
government information system, which is mandated to be established under
Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to
conduct PEOS and PDOS, respectively. The PEOS and PDOS should
include the discussion and distribution of the blacklist.
"The license or registration of a recruitment agency that has been
blacklisted may be suspended by the POEA upon a review of the
complaints filed against said agency.
"(i) Department of the Interior and Local Government (DILG) – shall institute
a systematic information and prevention campaign in coordination with
pertinent agencies of government as provided for in this Act. It shall provide
training programs to local government units, in coordination with the
Council, in ensuring wide understanding and application of this Act at the
local level.
"(j) Commission on Filipinos Overseas – shall conduct pre-departure
counseling services for Filipinos in intermarriages. It shall develop a system
for accreditation of NGOs that may be mobilized for purposes of conducting
pre-departure counseling services for Filipinos in intermarriages. As such, it
shall ensure that the counselors contemplated under this Act shall have the
minimum qualifications and training of guidance counselors as provided for
by law.
"It shall likewise assist in the conduct of information campaigns against
trafficking in coordination with local government units, the Philippine
Information Agency, and NGOs.
"(k) Local government units (LGUs) – shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with the DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs
and other concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking in persons.
"In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people’s organizations (POs), civic organizations and
other volunteer groups."
Section 16. A new Section 16-A is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database.  – An anti-trafficking in
persons central database shall be established by the Inter-Agency Council
Against Trafficking created under Section 20 of this Act. The Council shall
submit a report to the President of the Philippines and to Congress, on or
before January 15 of every year, with respect to the preceding year’s
programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and
render assistance to address trafficking in persons shall develop their
respective monitoring and data collection systems, and databases, for
purposes of ensuring efficient collection and storage of data on cases of
trafficking in persons handled by their respective offices. Such data shall be
submitted to the Council for integration in a central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization
and standardization of databases, including minimum data requirements,
definitions, reporting formats, data collection systems, and data verification
systems. Such databases shall have, at the minimum, the following
information:
"(a) The number of cases of trafficking in persons, sorted according to
status of cases, including the number of cases being investigated,
submitted for prosecution, dropped, and filed and/or pending before the
courts and the number of convictions and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by
destination countries/areas and by area of origin; and
"(d) Disaggregated data on trafficking victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. –  Trafficked persons shall
be recognized as victims of the act or acts of trafficking and as such, shall
not be penalized for unlawful acts committed as a direct result of, or as an
incident or in relation to, being trafficked based on the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4
of this Act are not covered by Article 202 of the Revised Penal Code and as
such, shall not be prosecuted, fined, or otherwise penalized under the said
law."
Section 18. A new Section 17-A is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of
victims should be done as much as possible with the assistance of the
DSWD or an accredited NGO that services trafficked victims. A law
enforcement officer, on a reasonable suspicion that a person is a victim of
any offense defined under this Act including attempted trafficking, shall
immediately place that person in the temporary custody of the local social
welfare and development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or
Reputation of Victims and of Consent of Victims in Cases of
Deception, Coercion and Other Prohibited Means. - inadmissible
evidence
– The past sexual behavior or the sexual predisposition of a trafficked
person shall be considered inadmissible in evidence for the purpose of
proving consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person. Furthermore, the
consent of a victim of trafficking to the intended exploitation shall be
irrelevant where any of the means set forth in Section 3(a) of this Act has
been used."
Section 20. A new Section 17-C is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive
Remedies.  – No action or suit shall be brought, instituted or maintained in
any court or tribunal or before any other authority against any: (a) law
enforcement officer; (b) social worker; or (c) person acting in compliance
with a lawful order from any of the above, for lawful acts done or statements
made during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution of an anti-
trafficking case: Provided, That such acts shall have been made in good
faith.
"The prosecution of retaliatory suits against victims of trafficking shall be
held in abeyance pending final resolution and decision of criminal complaint
for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges to urge complainants to
abandon their criminal, civil and administrative complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers,
illegal recruiters and persons involved in trafficking may be issued motu
proprio by judges."
Section 21. Section 20 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking. –  There is hereby
established an Inter-Agency Council Against Trafficking, to be composed of
the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women, overseas
Filipinos, and children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
"The members of the Council may designate their permanent
representatives who shall have a rank not lower than an assistant secretary
or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and
accounting rules and regulations."
Section 22. Section 22 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 22. Secretariat to the Council. – The Department of Justice shall
establish the necessary Secretariat for the Council.
"The secretariat shall provide support for the functions and projects of the
Council. The secretariat shall be headed by an executive director, who shall
be appointed by the Secretary of the DOJ upon the recommendation of the
Council. The executive director must have adequate knowledge on, training
and experience in the phenomenon of and issues involved in trafficking in
persons and in the field of law, law enforcement, social work, criminology, or
psychology.
"The executive director shall be under the supervision of the Inter-Agency
Council Against Trafficking through its Chairperson and Co-Chairperson,
and shall perform the following functions:
"(a) Act as secretary of the Council and administrative officer of its
secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those
involving mobilization of government offices represented in the Council as
well as other relevant government offices, task forces, and mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall
supervision of council administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and
prompt implementation of council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council
objectives, policies, plans and programs;
"(g) Submit periodic reports to the Council on the progress of council
objectives, policies, plans and programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
Section 23. A new Section 26-A is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. –  The State shall exercise
jurisdiction over any act defined and penalized under this Act, even if
committed outside the Philippines and whether or not such act or acts
constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or
accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if
a foreign government, in accordance with jurisdiction recognized by the
Philippines, has prosecuted or is prosecuting such person for the conduct
constituting such offense, except upon the approval of the Secretary of
Justice.
"The government may surrender or extradite persons accused of trafficking
in the Philippines to the appropriate international court if any, or to another
State pursuant to the applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to
read as follows:
"SEC. 28. Funding. –  The amount necessary to implement the provisions of
this Act shall be charged against the current year’s appropriations of the
Inter-Agency Council Against Trafficking under the budget of the DOJ and
the appropriations of the other concerned departments. Thereafter, such
sums as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act."1âwphi1
Section 25. A new Section 28-A is hereby inserted into Republic Act No.
9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. – The amount collected from
every penalty, fine or asset derived from any violation of this Act shall be
earmarked as additional funds for the use of the Council. The fund may be
augmented by grants, donations and endowment from various sources,
domestic or foreign, for purposes related to their functions, subject to the
existing accepted rules and regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is
hereby amended to read as follows:
"SEC. 32. Repealing Clause. – Article 202 of the Revised Penal Code, as
amended, and all laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to
the provisions of this Act are deemed amended, modified or repealed
accordingly: Provided,  That this Act shall not in any way amend or repeal
the provisions of Republic Act No. 7610, otherwise known as the ‘Special
Protection of Child Against Child Abuse, Exploitation and Discrimination
Act.’"
Section 27. Section 33 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 33. Effectivity. – This Act shall take effect fifteen (15) days following
its complete publication in at least two (2) newspapers of general
circulation."
Notes:
3 elements of TIP
Acts: what the human traffickers do?
with or without victims consent
 Recruit
 Transport
 Transfer
 Harbor
 Receive
 Obtain G.R. No. 171863             August 20, 2008
 Hire
 Provide PEOPLE OF THE PHILIPPINES, petitioner,
 Offer vs.
 Maintain THE HONORABLE COURT OF APPEALS (Second Division) and
GASPAR OLAYON, respondents.
Means: how do they do it?
1. Non violent means:
 Fraud DECISION
 Deception
 Abuse of position of vulnerability CARPIO MORALES, J.:
 Giving or receiving payments or benefits
The then 22-year old herein respondent Gaspar Olayon was charged with
2. Violent means: how they do it violation of Section 10(a) of Republic Act No. 7610 (The Special
 Threat Protection of Children against Abuse, Exploitation, and Discrimination Act)
 Force in two separate Informations filed before the Regional Trial Court (RTC) of
 Other forms of coercion Pasig City, of which the then 14-year old AAA was alleged to be the victim.
 Abduction
Criminal Case No. 112571 alleged that
Exploitative purpose: why they do it
1. Sexual exploitation - prostitution, pornography, sex tourism
On or about 10:00 a.m. of January 27, 1997 in Taguig, Metro Manila and
2. Labor exploitation - forced labor, slavery, debt bondage, involuntary
within the jurisdiction of this Honorable Court, the accused, with lewd
servitude
designs, did then and there willfully, unlawfully and feloniously have sexual
3. Organ exploitation - removal or sale of organs.
intercourse with and commit lewd and lascivious acts upon the person of
[AAA], a minor, fourteen (14) years of age.1 (Underscoring supplied)

Criminal Case No. 112572 alleged that

On or about 2:00 p.m. of January 27, 1997 in Taguig, Metro Manila and
within the jurisdiction of this Honorable Court, the accused, with lewd
designs, did then and there willfully, unlawfully and feloniously have sexual
intercourse with and commit lewd and lascivious acts upon the person of
[AAA], a minor, fourteen (14) years of age.2 (Underscoring supplied)
Respondent was also charged for acts of lasciviousness before the RTC of
Taguig, docketed as Criminal Case No. 116350, of which the same then
14-year old AAA was alleged to be the victim. The case was transferred to
the Pasig City RTC and consolidated with Criminal Case Nos. 112571-
72. 3 The three cases were jointly tried.4
After trial, Branch 158 of the Pasig City RTC, by Decision of January 15,
2002, acquitted respondent in Criminal Case No. 116350 (for acts of
lasciviousness).5 It, however, convicted respondent of violation of Section
10 (a) of Republic Act (R.A.) No. 7610  in Criminal Case Nos. 112571-72 in
this wise:
x x x The accused, Olayon admitted his sexual liaisons with [AAA]. His
defenses are: 1) [AAA] is his sweetheart and 2) whatever happened to them
in terms of these sexual liaisons, occurred with the consent of [AAA].
Although the testimony of [AAA] denies she consented to the sexual
liaisons, the evidence did not support it.
The events that occurred on January 27, 1997 at the house of one Duke
Espiritu show that [AAA] went with Olayon to that place voluntarily. First,
she was fetched from a tricycle stand and it took them another ride to go to
the house of Espiritu. If indeed she was forced to board the tricycle, she
could have resisted and shouted for help considering that there were
normally people around in a tricycle stand, waiting for rides. If she indeed
resisted and showed any manifestation in this regard, people could have
easily helped her in resisting whatever it was Olayon wanted. Second, at
the house of Espiritu she could have easily shouted for help since it was
located near a road and a pathway. x x x
xxxx
Although the sexual liaisons that occurred on January 27, 1997 were with
the consent of [AAA] who at that time was only 14 years of age, Olayon
cannot escape responsibility because he took advantage of [AAA’s]
minority to have these sexual liaisons , even if they were with her
consent. Consent is not an accepted defense in this special law . He
violated then Republic Act No. 7610, Section 10(a) which provides:
Section 10(a) – Any person who shall commit any other acts of child abuse,
cruelty or exploitation or be responsible for other conditions prejudicial to
the child’s development including those covered by Article 59 of Presidential
Decree No. 603, as amended, shall suffer the penalty of prision mayor in its
minimum period.
x x x x6 (Emphasis and underscoring supplied)
Thus the trial court disposed:
WHEREFORE, Gaspar Olayon y Matubis a.k.a Eric Ramirez is found guilty
beyond reasonable doubt for having violated Republic Act No. 7610,
Section 10 (a) in Criminal Case Nos. 112571-72 and is sentenced to suffer
in prison the penalty of six (6) years, eight (8) months and one (1) day to
seven (7) years and four (4) months of prision mayor for each count. He is
acquitted in Criminal Case No. 116350.
Costs against the accused.
SO ORDERED.7
On appeal by respondent,8 the Court of Appeals, answering in the negative
the issue of whether consensual sexual intercourse with a minor is
classified as child abuse under Section 10 of RA No. 7610, reversed the
trial court’s decision and acquitted respondent, by Decision9 of January 13,
2006, reasoning as follows:
"Acts of child abuse" under Section 10 (a) of R.A. 7610 refers to those acts
listed under Sec. 3(b) of R.A. 7610, which reads as follows:
Sec. 3. Definition of Terms –
(a) x x x
(b) "Child Abuse" refers to maltreatment, whether habitual or not, of the
child which includes any of the following:
1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
2) Any act or deeds [sic] or words [sic] which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human being;
3) Unreasonable deprivation of his basic needs for survival, such as food
and shelter; or
4) 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.
Consensual sexual intercourse between OLAY[O]N and [AAA] does not
fall under the "sexual abuse" definition [in Section 5 of R.A. No. 7610] which
is a completely distinct and separate offense from "child abuse," [under
Section 10] because "sexual abuse" pertains to and is associated with "child
prostitution" [as defined in Section 5]. "Sexual abuse" is defined
separately under Section 5 of R.A. 7610, which reads as follows:
Sec. 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.
Moreover, for the act of intercourse between OLAY[O]N and [AAA]  to be
considered sexual abuse [under Section 5],  such intercourse should
have occurred due to coercion or intimidation. In the case at
bench, neither coercion nor intimidation were found to have been
present, consent having been freely given.10 (Emphasis, italics and
underscoring supplied)
Hence, the present petition for certiorari 11 of the People under Rule 65,
alleging that the Court of Appeals acted with grave abuse of discretion
amounting to lack or excess of jurisdiction
x x x IN ACQUITTING RESPONDENT OLAYON OF THE TWO (2)
COUNTS OF CHILD ABUSE UNDER SECTION 10(A) OF R.A.
7610 DESPITE THE FACT THAT THE SEXUAL ACTS COMMITTED BY
RESPONDENT OLAYON ON THE MINOR PRIVATE COMPLAINANT ARE
CLEARLY WITHIN THE TERM "OTHER ACTS OF NEGLECT, ABUSE,
CRUELTY OR EXPLOITATION AND OTHER CONDITIONS
PREJUDICIAL TO THE CHILD’S DEVELOPMENT" DECLARED
PUNISHABLE UNDER SECTION 10(A) OF R.A. 7610.12 (Emphasis and
underscoring supplied)
The record shows that the Pasig City Prosecutor’s Office found that the acts
of respondent did not amount to rape as they were done with the consent of
the 14-year old AAA.13 Nevertheless, it found the acts constitutive of
"violations of [Republic] Act No. 7610," hence, its filing of the above-quoted
Informations for violation of Section 10(a). 14
The Informations alleged that respondent, "with lewd designs did willfully,
unlawfully, and feloniously have sexual intercourse with and commit lewd
and lascivious acts upon the person of [AAA], a minor, fourteen (14) years
of age."15
Section 10(a) of R.A. No. 7610 under which respondent was charged in
each of the two cases provides:
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 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.
(Underscoring supplied),
Section 5(b), upon the other hand, provides:
SEC. 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:
xxxx
(b) Those who commit the act of sexual intercourse or 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; (Italics in the original,
emphasis and underscoring supplied)
As Section 10 refers to acts of child abuse prejudicial to the child’s
development other than child prostitution and other sexual abuse 16 under
Section 5, attempt to commit child prostitution, 17 child trafficking,18 attempt to
commit child trafficking,19 and obscene publications and indecent
shows,20 the Court of Appeals did not commit grave abuse of discretion in
holding that "x x x ‘sexual abuse’ [as defined under Section 5] x x x is a
completely distinct and separate offense from ‘child abuse’ [as defined
under Section 10]."
Consensual sexual intercourse or even acts of lasciviousness with a minor
who is 12 years old or older could constitute a violation of Section 5(b) of
R.A. No. 7610. For Section 5(b) punishes sexual intercourse or lascivious
conduct not only with a child exploited in prostitution but also with a child
subjected to other sexual abuse.21
Section 2(g) of the Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases, promulgated to implement R.A. No.
7610, defines "sexual abuse" as including "the employment,
use, persuasion, inducement, enticement or coercion of a child to engage
in, or assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children."
(Underscoring supplied)
For consensual sexual intercourse or lascivious conduct with a minor, who
is not exploited in prostitution, to thus fall within the purview of Section 5(b)
of R.A. No. 7610, "persuasion, inducement, enticement or coercion" of the
child must be present.
In People v. Larin,22 the information alleged that the therein accused took
advantage of his authority, influence, and moral ascendancy as
trainor/swimming instructor of the minor victim 23 which the Court found
constituted "psychological coercion."24 In convicting the therein accused for
lascivious acts, the Court held:
It must be noted that [Republic Act No. 7610] covers not only a situation in
which a child is abused for profit, but also one in which a child,
through coercion or intimidation, engages in any lascivious
conduct.25 (Emphasis and underscoring supplied)
And even in Malto v. People26 wherein the accused was convicted for
violation of Section 5(b) of R.A. No. 7610, the information alleged, and the
prosecution proved, that the therein accused who was the minor’s professor
obtained the minor’s consent by taking advantage of his relationship and
moral ascendancy to exert influence on her.
In the case at bar, even if respondent were charged under Section 5(b),
instead of Section 10(a), respondent would just the same have been
acquitted as there was no allegation that an element of the offense –
coercion or influence or intimidation – attended its commission.
In light of the foregoing disquisition, the petition is DENIED
Digest
PEOPLE V. OLAYON
G.R. No. 171863; August 20, 2008.
FACTS:
- Gaspar Olayon, who was then 22-years-old at the time, was
charged with violation of Section 10 (a) of RA 7610 in two separate
informations where he allegedly:
o Had sexual intercourse with and commit lewd and
lascivious acts upon a 14-year-old minor at 10am of
January 27, 1997
o And the same offense at 2pm on the same day.
- He was also charged with acts of lasciviousness with the same 14-
year-old victim. The 3 cases were jointly tried.
- After trial, Branch 158 acquitted him for acts of lasciviousness.
However, he was convicted for violating Section 10 (a) of RA 7610.
The trial court said, that even if it has been alleged that the accused
and the victim were sweethearts and could conclude that the sexual
intercourse was consensual, consent is not an accepted defense in
a special law.
- He was given a penalty of 6 years, 8 months, and 1 day to 7 years
and 4 months of prision mayor for each count.
- The Court of Appeals reversed the ruling of the trial court saying
that consensual sexual intercourse between Olayon and the minor
did not fall under sexual abuse under Section 5 of RA 7610 which is
a completely distinct and separate offense from child abuse under
Section 10.
- Hence the present petition for certiorari.
Issue: Did the CA commit grave abuse of discretion in acquitting Olayon?
Ruling:
The petition is denied.
- The record shows that the acts did not constitute rape as they were
with the consent of the 14-year-old child. However, they were found
to be punishable under Section 10 of RA 7610 which reads:
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 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 RPC, as amended, shall suffer the penalty
of prision mayor in its minimum period.
- However, consensual sexual intercourse or even acts of
 lasciviousness with a minor who is 12 years or older could
constitute a violation of Section 5 (b) of RA 7610. For Section 5 (b)
punishes sexual intercourse or acts of lasciviousness conduct not
only with a child exploited in prostitution but also with a child
subjected to sexual abuse. Section 5 (b) of RA 7610 reads:

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:

(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 MICHAEL JOHN Z. MALTO v. PEOPLE OF THE PHILIPPINES
(12) years of age shall be reclusion temporal in its medium G.R. No. 164733, September 21, 2007
period; and
Doctrine:
The “sweetheart theory” cannot be invoked for purposes of sexual
- Even if respondent were charged under Section 5, he would just the
intercourse and lascivious conduct in child abuse cases under RA 7610.
same have been acquitted as there was no allegation that an
element of the offense – coercion or influence or intimidation –
Consent is immaterial because the mere act of having sexual intercourse or
attended its commission.
committing lascivious conduct with a child who is subjected to sexual abuse
constitutes the offense.
Moreover, a child is presumed by law to be incapable of giving rational
consent to any lascivious act or sexual intercourse.
Facts:
 Held:
Sometime during the month of November 1997 to 1998, Petitioner
Malto seduced his student, AAA, a minor, to indulge in sexual
intercourse several times with him.
 Prior to the incident, petitioner and AAA had a “mutual
understanding” and became sweethearts. Pressured and afraid of
the petitioner’s threat to end their relationship, AAA agreed to heve
sexual intercourse with the petitioner.
 Upon discovery of what AAA underwent, BBB, AAA’s mother filed
filed an administrative complaint in Assumption College against
him. She also lodged a complaint in the Office of the City
Prosecutor of Pasay City which led to the filing of Criminal Case.
 The petitioner did not make a plea when arraigned. Hence, the trial
court entered for him a plea of “not guilty.”
 The trial court found the evidence for the prosecution sufficient to
sustain petitioner’s conviction.
 RTC finds the accused Michael John Malto y Zarsadias guilty
beyond reasonable doubt for violation of Article III, Section 5(a)[,]
paragraph 3 of RA 7610
 The trail court rendered a decision finding petitioner guilty and
sentenced him to reclusion temporal and to pay an indemnity of
Php. 75,000 and damages of Php. 50,000.
 Petitioner questioned the trial court’s decision in the CA.
 The CA modified the decision of the trial court.
 The appellate court affirmed his conviction and ruled that the trial
court erred in awarding Php. 75,000 civil indemnity in favor of AAA
as it was proper only in a conviction for rape committed under the
circumstances under which the death penalty was authorized by
law.
Issue:
Whether the CA erred in sustaining petitioner’s conviction on the grounds
that there was no rape committed since their sexual intercourse was
consensual by reason of their “sweetheart” relationship.
No. The “sweetheart theory” cannot be invoked for purposes of sexual
intercourse and lascivious conduct in child abuse cases under RA 7610.
Consent is immaterial because the mere act of having sexual intercourse or
committing lascivious conduct with a child who is subjected to sexual abuse
constitutes the offense. Moreover, a child is presumed by law to be
incapable of giving rational consent to any lascivious act or sexual
intercourse.
 CONSENT OF THE CHILD IS IMMATERIAL IN CRIMINAL CASES
INVOLVING VIOLATION OF SECTION 5, ARTICLE III OF RA 7610
 The sweetheart theory applies in acts of lasciviousness and rape,
felonies committed against or without the consent of the victim.
 It operates on the theory that the sexual act was consensual.
 It requires proof that the accused and the victim were lovers and
that she consented to the sexual relations.
For purposes of sexual intercourse and lascivious conduct in child abuse
cases under RA 7610, the sweetheart defense is unacceptable. 
A child exploited in prostitution or subjected to other sexual abuse cannot
validly give consent to sexual intercourse with another person.
The language of the law is clear: it seeks to punish
[t]hose who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse.
  
Unlike rape, therefore, consent is immaterial in cases involving violation of
Section 5, Article III of RA 7610.
The mere act of having sexual intercourse or committing lascivious conduct
with a child who is exploited in prostitution or subjected to sexual abuse
constitutes the offense. It is a malum prohibitum, an evil that is proscribed.
 
A child cannot give consent to a contract under our civil laws. This is on the
rationale that she can easily be the victim of fraud as she is not capable of
fully understanding or knowing the nature or import of her actions.
The State, as parens patriae, is under the obligation to minimize the risk of
harm to those who, because of their minority, are as yet unable to take care
of themselves fully. Those of tender years deserve its protection.
 
The harm which results from a child’s bad decision in a sexual encounter
may be infinitely more damaging to her than a bad business deal.
Thus, the law should protect her from the harmful consequences of her
attempts at adult sexual behavior.
For this reason, a child should not be deemed to have validly consented to
adult sexual activity and to surrender herself in the act of ultimate physical
intimacy under a law which seeks to afford her special protection against
abuse, exploitation and discrimination.
(Otherwise, sexual predators like petitioner will be justified, or even
unwittingly tempted by the law, to view her as fair game and vulnerable
prey.)
In other words, a child is presumed by law to be incapable of giving rational
consent to any lascivious act or sexual intercourse.
This must be so if we are to be true to the constitutionally enshrined
State policy to promote the physical, moral, spiritual, intellectual and social
well-being of the youth. This is consistent with the declared policy of the
State
[T]o provide special protection to children from all
forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their
development; provide sanctions for their
commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child
abuse, exploitation, and discrimination.
 
as well as to
intervene on behalf of the child when the parents,
guardian, teacher or person having care or custody of the
child fails or is unable to protect the child against abuse,
exploitation, and discrimination or when such acts
against the child are committed by the said parent,
guardian, teacher or person having care and custody of
the same.
This is also in harmony with the foremost consideration of the
child’s best interests in all actions concerning him or her.
The best interest of children shall be the paramount
consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative
bodies, consistent with the principles of First Call for
Children as enunciated in the United Nations Convention
on the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their
opportunities for a useful and happy life.
the petition is hereby DENIED.