PRESIDENTIAL DECREE No.

1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF

CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous
efforts of the government to effectively contain them;
WHEREAS, to discourage public indifference or apathy towards the apprehension and
prosecution of criminal offenders, it is necessary to penalize acts which obstruct or
frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of
criminal offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging
from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or
willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or admissibility
as evidence in any investigation of or official proceedings in, criminal cases, or to be
used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or
court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record, document, paper or object with knowledge of
its falsity and with intent to affect the course or outcome of the investigation of, or
official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining
from, discounting, or impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his family in
order to prevent such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in
order to prevent a person from appearing in the investigation of or in official proceedings
in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by investigating
authorities for purposes of background information and not for publication and
publishing or disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty,
the higher penalty shall be imposed.

Section 2. If any of the foregoing acts is committed by a public official or employee, he

shall in addition to the penalties provided thereunder, suffer perpetual disqualification
from holding public office.

Section 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen
hundred and eighty-one.
Republic Act No. 7610

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.
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.

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.

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:
(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; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of
the Department of Social Welfare and Development or any responsible member of the
community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the
aforesaid child committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all further proceedings
and shall commit such child to the custody or care of the Department of Social Welfare
and Development 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 proper, after considering the
reports and recommendations of the Department of Social Welfare and Development or
the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the
Department of Social Welfare and Development or any duly-licensed agency or such
other officer as the court may designate subject to such conditions as it may prescribe.
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 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The
chairman of the barangay affected by the armed conflict shall submit the names of
children residing in said barangay to the municipal social welfare and development
officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. – The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and
Development pursuant to Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in 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.

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.

Republic Act 9262
Anti-Violence Against Women and Their Children Act of 2004

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women
and Their Children Act of 2004."

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity
of women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and
children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments
of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act:

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which the victim belongs, or
to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the conjugal
money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering relationships
as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in this Act,
it includes the biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the
protection and safety of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
violence against women and their children is committed through any of the following
acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right; and
(4) Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties.
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,
that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets
of the woman or her child; and
(5) Engaging in any form of harassment or violence.
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under
Sec. 5 hereof shall be punished according to the following rules:
(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of
the Revised Penal Code;
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower
than the prescribed penalty for the consummated crime as specified in the preceding
paragraph but shall in no case be lower than arresto mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;
(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the Sec.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less
than One hundred thousand pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against women and their
children under this law. In the absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where the crime or any of
its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for
the purpose of preventing further acts of violence against a woman or her child specified
in Sec. 5 of this Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally
or through another, any of the acts mentioned in Sec. 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things and escort respondent from
the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent's employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.
Any of the reliefs provided under this Sec. shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute 'ity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection
order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers of local government units
(LGUs);
(e) Police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall
follow the rules on venue under Sec. 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial
court with territorial jurisdiction over the place of residence of the petitioner: Provided,
however, that if a family court exists in the place of residence of the petitioner, the
application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection
order must be in writing, signed and verified under oath by the applicant. It may be filed
as an independent action or as incidental relief in any civil or criminal case the subject
matter or issues thereof partakes of a violence as described in this Act. A standard
protection order application form, written in English with translation to the major local
languages, shall be made available to facilitate applications for protections order, and
shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another
court.
If the applicants is not the victim, the application must be accompanied by an affidavit of
the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b)
the circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in
the application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a
mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application
for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under
this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman
or her child requests in the applications for a protection order for the appointment of
counsel because of lack of economic means to hire a counsel de parte, the court shall
immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the
hearing on the application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the petitioner
by a counsel de parte. The lack of access to family or conjugal resources by the applicant,
such as when the same are controlled by the perpetrator, shall qualify the petitioner to
legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the
petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. -
Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong
Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b)
of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the
basis of the application. If the Punong Barangay is unavailable to act on the application
for a BPO, the application shall be acted upon by any available Barangay Kagawad. If
the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay
Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the
Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs)

refers to the protection order issued by the court on the date of filing of the application
after ex parte determination that such order should be issued. A court may grant in a TPO
any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30)
days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date
of the expiration of the TPO. The court shall order the immediate personal service of the
TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the
hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers
to protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the
hearing on the merits of the issuance of a PPO. If the respondents appears without
counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the
respondent and immediately proceed with the hearing. In case the respondent fails to
appear despite proper notice, the court shall allow ex parte presentation of the evidence
by the applicant and render judgment on the basis of the evidence presented. The court
shall allow the introduction of any history of abusive conduct of a respondent even if the
same was not directed against the applicant or the person for whom the applicant is
made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance
of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1)
day and the TPO issued is due to expire, the court shall continuously extend or renew the
TPO for a period of thirty (30) days at each particular time until final judgment is issued.
The extended or renewed TPO may be modified by the court as may be necessary or
applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A
PPO shall be effective until revoked by a court upon application of the person in whose
favor the order was issued. The court shall ensure immediate personal service of the PPO
on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine
whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted
as long as there is no clear showing that the act from which the order might arise did not
exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must
be printed in bold-faced type or in capital letters on the protection order issued by the
Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders –
Failure to act on an application for a protection order within the reglementary period
specified in the previous Sec. without justifiable cause shall render the official or judge
administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court
shall proceed on the main case and other incidents of the case as soon as possible. The
hearing on any application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall
have priority over all other proceedings. Barangay officials and the courts shall schedule
and conduct hearings on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to hear applications for a
protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO

issued under this Act must be filed directly with any municipal trial court, metropolitan
trial court, or municipal circuit trial court that has territorial jurisdiction over the
barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment
of thirty (30) days without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court.
During trial and upon judgment, the trial court may motu proprio issue a protection order
as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute
contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to
any other criminal or civil action that the offended party may file for any of the acts
committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the
criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom
a protection order is issued to give a bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not commit the violence sought to be
prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period
which shall in no case exceed six (6) months, if he shall have been prosecuted for acts
punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30) days, if for acts
punishable under Sec. 5(g) to 5(i).
The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by
the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe
in twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a complaint by
any citizen having personal knowledge of the circumstances involving the commission of
the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are

found by the courts to be suffering from battered woman syndrome do not incur any
criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted
by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit
drug, or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to
the custody and support of her child/children. Children below seven (7) years old older
but with mental or physical disabilities shall automatically be given to the mother, with
right to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel

should observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure,
and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and
law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain
view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;
(g) arrest the suspected perpetrator without a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a
fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal,
civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider,

including, but not limited to, an attending physician, nurse, clinician, barangay health
worker, therapist or counselor who suspects abuse or has been informed by the victim of
violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual
cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government
agencies and LGUs shall establish programs such as, but not limited to, education and
information campaign and seminars or symposia on the nature, causes, incidence and
consequences of such violence particularly towards educating the public on its social
impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court
hearing an application for a protection order shall not order, direct, force or in any way
unduly influence he applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for protection under this Act. Sec. 7 of the Family Courts
Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991
shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Sec. shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence
against women and their children as herein defined, any person, private individual or
police authority or barangay official who, acting in accordance with law, responds or
intervenes without using violence or restraint greater than necessary to ensure the safety
of the victim, shall not be liable for any criminal, civil or administrative liability resulting
therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims
of violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family
Code; and
(e) To be informed of their rights and the services available to them including their right
to apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to
actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance
of a hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the
victim is an indigent or there is an immediate necessity due to imminent danger or threat
of danger to act on an application for a protection order, the court shall accept the
application without payment of the filing fee and other fees and of transcript of
stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children
(IAC-VAWC). -In pursuance of the abovementioned policy, there is hereby established
an Inter-Agency Council on Violence Against Women and their children, hereinafter
known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on
their mandates as well as develop capability programs for their employees to become
more sensitive to the needs of their clients. The Council will also serve as the monitoring
body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have
a rank not lower than an assistant secretary or its equivalent. These representatives shall
attend Council meetings in their behalf, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and
regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's
shall provide the victims temporary shelters, provide counseling, psycho-social services
and /or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive
ways of coping with anger and emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or
confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women

and their Children Cases. – All agencies involved in responding to violence against
women and their children cases shall be required to undergo education and training to
acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and
their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or
survivor.
The PNP, in coordination with LGU's shall establish an education and training program
for police officers and barangay officials to enable them to properly handle cases of
violence against women and their children.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition to other paid leaves under the Labor
Code and Civil Service Rules and Regulations, extendible when the necessity arises as
specified in the protection order.
Any employer who shall prejudice the right of the person under this Sec. shall be
penalized in accordance with the provisions of the Labor Code and Civil Service Rules
and Regulations. Likewise, an employer who shall prejudice any person for assisting a
co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against

women and their children including those in the barangay shall be confidential and all
public officers and employees and public or private clinics to hospitals shall respect the
right to privacy of the victim. Whoever publishes or causes to be published, in any
format, the name, address, telephone number, school, business address, employer, or
other identifying information of a victim or an immediate family member, without the
latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall
be used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the
PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall
promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal
Code and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held
unconstitutional or invalid, the other Sec.s or provisions shall not be affected.

SECTION 50. Repealing Clause – All laws, Presidential decrees, executive orders and
rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 51. Effectivity – This Act shall take effect fifteen (15) days from the date of
its complete publication in at least two (2) newspapers of general circulation.

Approved: March 08, 2004

REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with
the principle that a public office is a public trust, to repress certain acts of public officers
and private persons alike which constitute graft or corrupt practices or which may lead
thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the local governments, the
government-owned and government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent
or temporary, whether in the classified or unclassified or exempt service receiving
compensation, even nominal, from the government as defined in the preceding
subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a
person other than a member of the public officer's immediate family, in behalf of himself
or of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly
excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates
otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt practices
of any public officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or
transaction between the Government and any other part, wherein the public officer in his
official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer,
in any manner or capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to
act within a reasonable time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of favoring his own interest or giving
undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited or
will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract
or transaction in connection with which he intervenes or takes part in his official
capacity, or in which he is prohibited by the Constitution or by any law from having any
interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of
any person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or
by him on account of his official position to unauthorized persons, or releasing such
information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court, from transacting
business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person
having family or close personal relation with any public official to capitalize or exploit or
take advantage of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift or material or pecuniary advantage from any
other person having some business, transaction, application, request or contract with the
government, in which such public official has to intervene. Family relation shall include
the spouse or relatives by consanguinity or affinity in the third civil degree. The word
"close personal relation" shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which assures free
access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to
commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to intervene, directly or indirectly, in any
business, transaction, contract or application with the Government: Provided, That this
section shall not apply to any person who, prior to the assumption of office of any of the
above officials to whom he is related, has been already dealing with the Government
along the same line of business, nor to any transaction, contract or application already
existing or pending at the time of such assumption of public office, nor to any application
filed by him the approval of which is not discretionary on the part of the official or
officials concerned but depends upon compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor to any act lawfully performed in an
official capacity or in the exercise of a profession.

Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any

Member of the Congress during the term for which he has been elected, to acquire or
receive any personal pecuniary interest in any specific business enterprise which will be
directly and particularly favored or benefited by any law or resolution authored by him
previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended
the initiation in Congress of the enactment or adoption of any law or resolution, and
acquires or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who,
having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such
interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after
the approval of this Act or after assuming office, and within the month of January of
every other year thereafter, as well as upon the expiration of his term of office, or upon
his resignation or separation from office, shall prepare and file with the office of the
corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the
Congress and the officials and employees thereof, with the Office of the Secretary of the
corresponding House, a true detailed and sworn statement of assets and liabilities,
including a statement of the amounts and sources of his income, the amounts of his
personal and family expenses and the amount of income taxes paid for the next preceding
calendar year: Provided, That public officers assuming office less than two months
before the end of the calendar year, may file their statements in the following months of
January.

Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of

Republic Act Numbered One thousand three hundred seventy-nine, a public official has
been found to have acquired during his incumbency, whether in his name or in the name
of other persons, an amount of property and/or money manifestly out of proportion to his
salary and to his other lawful income, that fact shall be a ground for dismissal or
removal. Properties in the name of the spouse and unmarried children of such public
official may be taken into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the contrary.

Section 9. Penalties for violations. (a) Any public officer or private person committing
any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act
shall be punished with imprisonment for not less than one year nor more than ten years,
perpetual disqualification from public office, and confiscation or forfeiture in favor of the
Government of any prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall,
in case of conviction of the accused, be entitled to recover in the criminal action with
priority over the forfeiture in favor of the Government, the amount of money or the thing
he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be
punished by a fine of not less than one hundred pesos nor more than one thousand pesos,
or by imprisonment not exceeding one year, or by both such fine and imprisonment, at
the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this
Act shall be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall
prescribe in ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire
pending an investigation, criminal or administrative, or pending a prosecution against
him, for any offense under this Act or under the provisions of the Revised Penal Code on
bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any
criminal prosecution under a valid information under this Act or under the provisions of
the Revised Penal Code on bribery is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude or friendship according to local
customs or usage, shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer who
under the law may legitimately practice his profession, trade or occupation, during his
incumbency, except where the practice of such profession, trade or occupation involves
conspiracy with any other person or public official to commit any of the violations
penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such
provision to any person or circumstances is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of
determining unexplained wealth, all property acquired by a public officer since he
assumed office shall be taken into consideration.

Approved: August 17, 1960

REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES
IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as forcing him
to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training. The physical, mental and
psychological testing and training procedure and practices to determine and enhance the
physical, mental and psychological fitness of prospective regular members of the Armed
Forces of the Philippines and the Philippine National Police as approved ny the Secretary
of National Defense and the National Police Commission duly recommended by the
Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or

organization shall be allowed without prior written notice to the school authorities or
head of organization seven (7) days before the conduct of such initiation. The written
notice shall indicate the period of the initiation activities which shall not exceed three (3)
days, shall include the names of those to be subjected to such activities, and shall further
contain an undertaking that no physical violence be employed by anybody during such
initiation rites.

Section 3. The head of the school or organization or their representatives must assign at
least two (2) representatives of the school or organization, as the case may be, to be
present during the initiation. It is the duty of such representative to see to it that no
physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

Section 4. If the person subjected to hazing or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the officers and members of the fraternity,
sorority or organization who actually participated in the infliction of physical harm shall
be liable as principals. The person or persons who participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or
mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1
day to 20 years) if in consequence of the hazing the victim shall become insane,
imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one
day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost
the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a
foot, an arm or a leg or shall have lost the use of any such member shall have become
incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14
years and 8 months) if in consequence of the hazing the victim shall become deformed or
shall have lost any other part of his body, or shall have lost the use thereof, or shall have
been ill or incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years)
if in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of
more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if
in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of
ten (10) days or more, or that the injury sustained shall require medical assistance for the
same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if
in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged from one (1) to
nine (9) days, or that the injury sustained shall require medical assistance for the same
period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one
day to 6 years) if in consequence of the hazing the victim sustained physical injuries
which do not prevent him from engaging in his habitual activity or work nor require
medical attendance.
The responsible officials of the school or of the police, military or citizen's army training
organization, may impose the appropriate administrative sanctions on the person or the
persons charged under this provision even before their conviction. The maximum penalty
herein provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit
on the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning
that hazing will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the proper school authorities, or
to the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when
he has actual knowledge of the hazing conducted therein but failed to take any action to
prevent the same from occurring. If the hazing is held in the home of one of the officers
or members of the fraternity, group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing or who have
actual knowledge thereof, but failed to take any action to prevent the same from
occurring shall be punished as accomplices for the acts of hazing committed by the
perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority
who actually planned the hazing although not present when the acts constituting the
hazing were committed shall be liable as principals. A fraternity or sorority's adviser who
is present when the acts constituting the hazing were committed and failed to take action
to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation
therein as principal unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of
a corporation engaged in hazing as a requirement for employment in the manner
provided herein.

Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the
other parts or provisions thereof shall remain valid and effective.

Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to
the provisions of this Act are hereby amended or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at
least two (2) national newspapers of general circulation.
An Act Providing for a New Anti-Carnapping Law of the Philippines
Republic Act No. 10883

Section 1. Short Title.— This Act shall be known as the “New Anti-Carnapping Act of
2016”.

Section 2. Definition of Terms.— As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to replace its
entire body with a new body;
(b) Defacing or tampering with a serial number refers to the altering, changing, erasing,
replacing or scratching of the original factory inscribed serial number on the motor
vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor
vehicle is found to have a serial number on its engine, engine block or chassis which is
different from that which is listed in the records of the Bureau of Customs for motor
vehicle imported into the Philippines, that motor vehicle shall be considered to have a
defaced or tampered serial number;
(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor
vehicle;
(d) Identity transfer refers to the act of transferring the engine number, chassis number,
body tag number, plate number, and any other identifying marks of a motor vehicle
declared as “total wreck” or is beyond economic repair by concerned car insurance
companies and/or law enforcement agencies after its involvement in a vehicular accident
or other incident and registers the same into another factory-made body or vehicle unit,
of the same classification, type, make or model;
(e) Motor vehicle refers to any vehicle propelled by any power other than muscular
power using the public highways, except road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if
not used on public highways; vehicles which run only on rails or tracks; and tractors,
trailers and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified as a separate motor vehicle with no
power rating;
(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor vehicle
by separating the motor engine and its parts from the body of the motor vehicle;
(g) Repainting refers to changing the color of a motor vehicle by means of painting.
There is painting whenever the new color of a motor vehicle is different from its color
registered in the Land Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the shape or form of the
body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in
assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident or
other incident, so that it is rendered inoperational and beyond economic repair due to the
extent of damage in its body, chassis and engine; and
(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle
plate issued by the LTO to a certain vehicle to another vehicle. It is presumed illegally
transferred when the motor vehicle plate does not correspond with that as appearing in
the certificate of registration of the motor vehicle to which it was issued.

Section 3. Carnapping; Penalties.— Carnapping is the taking, with intent to gain, of a

motor vehicle belonging to another without the latter’s consent, or by means of violence
against or intimidation of persons, or by using force upon things.
Any person who is found guilty of carnapping shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for not less than twenty (20) years and one
(1) day but not more than thirty (30) years, when the carnapping is committed without
violence against or intimidation of persons, or force upon things; and by imprisonment
for not less than thirty (30) years and one (1) day but not more than forty (40) years,
when the carnapping is committed by means of violence against or intimidation of
persons, or force upon things; and the penalty of life imprisonment shall be imposed
when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in
the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed by
criminal groups, gangs or syndicates or by means of violence or intimidation of any
person or persons or forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course of the carnapping shall
be denied bail when the evidence of guilt is strong.

Section 4. Concealment of Carnapping.— Any person who conceals carnapping shall be

punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to
the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any
other part involved in the violation; Provided, That if the person violating any provision
of this Act is a juridical person, the penalty herein provided shall be imposed on its
president, secretary, and/or members of the board of directors or any of its officers and
employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful acts defined in this
Act or is guilty of gross negligence of duty or connives with or permits the commission
of any of the said unlawful acts shall, in addition to the penalty prescribed in the
preceding paragraph, be dismissed from the service, and his/her benefits forfeited and
shall be permanently disqualified from holding public office.

Section 5. Original Registration of Motor Vehicles.— Any person seeking the original
registration of a motor vehicle, whether that motor vehicle is newly assembled or rebuilt
or acquired from a registered owner, shall, within one (1) week after the completion of
the assembly or rebuilding job or the acquisition thereof from the registered owner, apply
to the Philippine National Police (PNP) for the clearance of the motor vehicle for
registration with the LTO. The PNP shall, upon receipt of the application, verify if the
motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen
motor vehicle parts. If the motor vehicle or any of its numbered parts is not in the list, the
PNP shall forthwith issue a certificate of clearance. Upon presentation of the certificate
of clearance from the PNP and after verification of the registration of the motor vehicle
engine, engine block and chassis in the permanent registry of motor vehicle engine,
engine block and chassis, the LTO shall register the motor vehicle in accordance with
existing laws, rules and regulations within twenty (20) working days.

Section 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and
Chassis.— Within one (1) year upon approval of this Act, every owner or possessor of
unregistered motor vehicle or parts thereof in knock down condition shall register before
the LTO the motor vehicle engine, engine block and chassis in the name of the possessor
or in the name of the real owner who shall be readily available to answer any claim over
the registered motor vehicle engine, engine block and chassis. Thereafter, all motor
vehicle engines, engine blocks and chassis not registered with the LTO shall be
considered as a carnapped vehicle, an untaxed importation or coming from illegal source
and shall be confiscated in favor of the government.

Section 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks
and Chassis.—The LTO shall keep a permanent registry of motor vehicle, motor vehicle
engines, engine blocks and chassis of all motor vehicles, specifying therein their type,
make, serial numbers and stating therein the names and addresses of their present and
previous owners. Copies of the registry and of all entries made thereon shall be furnished
the PNP and all LTO regional, provincial and city branch offices: Provided, That all LTO
regional, provincial and city offices are likewise obliged to furnish copies of all
registrations of motor vehicles to the main office and to the PNP: Provided, Further, That
the original copy of the certificate of registration shall be given to the registered owner,
the second copy shall be retained with the LTO and the third copy shall be submitted to
the PNP. Moreover, it shall be unlawful for any person or employee who willfully
encodes in the registry of motor vehicles a non-existing vehicle or without history, new
identity of already existing vehicle or double/multiple registration (“KAMBAL”) of
vehicle.

Section 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution or

Replacement of a Motor Vehicle Engine, Engine Block or Chassis.— Every sale,
transfer, conveyance of a motor vehicle, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be registered with the LTO
within twenty (20) working days upon purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle engine, engine block or chassis. A motor
vehicle, motor vehicle engine, engine block or chassis not registered with the LTO shall
be presumed as a carnapped vehicle, an untaxed imported vehicle, or a vehicle
proceeding from illegal sources unless proven otherwise and shall be confiscated in favor
of the government.

Section 9. Duty of Collector of Customs to Report.— Within seven (7) days after the
arrival of an imported vehicle, motor vehicle engine, engine block, chassis or body, the
Collector of Customs of a principal port of entry where the imported vehicle or parts
enumerated above are unloaded shall report the shipment to the LTO, specifying the
make, type and serial numbers, if any, of the motor vehicle, motor vehicle engine, engine
block, chassis or body, and stating the names and addresses of the owner or consignee
thereof. If the motor vehicle, motor vehicle engine, engine block, chassis or body does
not bear any serial number, the Collector of Customs concerned shall hold the motor
vehicle, motor vehicle engine, engine block, chassis or body until it is numbered by the
LTO: Provided, That a PNP clearance shall be required prior to engraving the engine or
chassis number.

Section 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep
Record of Stocks.— Any person engaged in the importation, distribution, and buying and
selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body shall
keep a permanent record of one’s stocks, stating therein their type, make and serial
numbers, and the names and addresses of the persons from whom they were acquired and
the names and addresses of the persons to whom they are sold, and shall render
accurately a monthly report of his/her transactions in motor vehicles to the LTO.

Section 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the
Numbering of Engine Blocks, Chassis or Body Manufactured.— Any person engaged in
the manufacture of engine blocks, chassis or body shall cause the numbering of every
engine block, chassis or body manufactured in a convenient and conspicuous part thereof
which the LTO may direct for the purpose of uniformity and identification of the factory
and shall submit to the LTO a monthly report of the manufacture and sale of engine
blocks, chassis or body.

Section 12. Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles.— Any person who shall undertake to assemble or rebuild or cause the
assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from
the PNP: Provided, That no such permit shall be issued unless the applicant shall present
a statement under oath containing the type, make and serial numbers of the engine,
chassis and body, if any, and the complete list of the spare parts of the motor vehicle to
be assembled or rebuilt together with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats, motor bancas, water
crafts and other light water vessels, the applicant shall secure a permit from the PNP,
which office shall in turn furnish the LTO pertinent data concerning the motor vehicle
engines including their type, make and serial numbers.

Section 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines,
Engine Blocks, Chassis or Body.— The Philippine Ports Authority (PPA) shall submit a
report to the PNP within seven (7) days upon boarding all motor vehicles being boarded
the “RORO”, ferry, boat, vessel or ship for interisland and international shipment. The
PPA shall not allow the loading of motor vehicles in all interisland and international
shipping vessels without a motor vehicle clearance from the PNP, except cargo trucks
and other trucks carrying goods, Land Transportation Franchising and Regulatory Board
(LTFRB)-accredited public utility vehicles (PUV) and other motor vehicles carrying
foodstuff and dry goods.

Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines,
Engine Blocks and Chassis.— It shall be unlawful for any person to deface or otherwise
tamper with the original or registered serial number of motor vehicle engines, engine
blocks and chassis.
Section 15. Identity Transfer.— It shall be unlawful for any person, office or entity to
cause and/or allow the sale, registration, and/or transfer into another name, the chassis
number, engine number and plate number of a motor vehicle declared as “total wreck” or
beyond economic repair by concerned insurance company, and/or law enforcement
agencies, due to its involvement in a vehicular accident or for some other causes. The
LTO shall cancel the registration of total wreck vehicle as reported by the PNP and/or as
declared by the Insurance Commission.

Section 16. Transfer of Vehicle Plate.— It shall be unlawful for any person, office or
entity to transfer or use a vehicle plate from one vehicle to another without securing the
proper authority from the LTO.

Section 17. Sale of Second Hand Spare Parts.— It shall be unlawful for any person,
office or entity to buy and/or sell any second hand spare parts taken from a carnapped
vehicle.

Section 18. Foreign Nationals.— Foreign nationals convicted under the provisions of this
Act shall be deported immediately after service of sentence without further proceedings
by the Bureau of Immigration.

Section 19. Reward.— Any person who voluntarily gives information leading to the
recovery of carnapped vehicles and for the apprehension of the persons charged with
carnapping shall be given monetary reward as the PNP may determine. The PNP shall
include in their annual budget the amount necessary to carry out the purposes of this
section. Any information given by informers shall be treated as confidential matter.

Section 20. Implementing Rules and Regulations.— The PNP together with the
Department of Transportation and Communications, LTO, Philippine Coast Guard,
Maritime Industry Authority, Bureau of Customs and relevant motorists and automotive
sectors shall, within sixty (60) days from the effectivity of this Act, after unanimous
approval, promulgate the necessary implementing rules and regulations to effectively
carry out the provisions of this Act, including the setting up of a coordinated online
access and the effective clearance system mentioned in Section 12 of this Act to expedite
motor vehicle data and details verification.

Section 21. Separability Clause.— If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in full force and
effect.

Section 22. Repealing Clause.— Republic Act No. 6539, otherwise known as the “Anti-
Carnapping Act of 1972”, is hereby repealed. All laws, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
amended or repealed accordingly.

Section 23. Effectivity.— This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation, whichever comes
earlier.
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A
CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues
any check to apply on account or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would have been dishonored for the same reason
had not the drawer, without any valid reason, ordered the bank to stop payment, shall be
punished by imprisonment of not less than thirty days but not more than one (1) year or
by a fine of not less than but not more than double the amount of the check which fine
shall in no case exceed Two Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court. The same penalty shall be imposed upon any
person who, having sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days from
the date appearing thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons
who actually signed the check in behalf of such drawer shall be liable under this Act.

Sec. 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance
of a check payment of which is refused by the drawee because of insufficient funds in or
credit with such bank, when presented within ninety (90) days from the date of the check,
shall be prima facie evidence of knowledge of such insufficiency of funds or credit
unless such maker or drawer pays the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of such check within (5) banking days
after receiving notice that such check has not been paid by the drawee.

Sec. 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any
check, when refusing to pay the same to the holder thereof upon presentment, to cause to
be written, printed, or stamped in plain language thereon, or attached thereto, the reason
for drawee's dishonor or refusal to pay the same: Provided, That where there are no
sufficient funds in or credit with such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In all prosecutions under this Act, the
introduction in evidence of any unpaid and dishonored check, having the drawee's refusal
to pay stamped or written thereon or attached thereto, with the reason therefor as
aforesaid, shall be prima facie evidence of the making or issuance of said check, and the
due presentment to the drawee for payment and the dishonor thereof, and that the same
was properly dishonored for the reason written, stamped or attached by the drawee on
such dishonored check. Notwithstanding receipt of an order to stop payment, the drawee
shall state in the notice that there were no sufficient funds in or credit with such bank for
the payment in full of such check, if such be the fact.

Sec. 4. Credit construed. - The word "credit" as used herein shall be construed to mean
an arrangement or understanding with the bank for the payment of such check.

Sec. 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be
without prejudice to any liability for violation of any provision of the Revised Penal
Code.

Sec. 6. Separability clause. - If any separable provision of this Act be declared

unconstitutional, the remaining provisions shall continue to be in force.

Sec. 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official
Gazette.

Approved: April 3, 1979

REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. Short Title. – This Act shall be known as the "Comprehensive Firearms and
Ammunition Regulation Act".

Section 2. Declaration of State Policy. – It is the policy of the State to maintain peace and
order and protect the people against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the reasonable means to repel the
unlawful aggression under the circumstances, the use of firearms. Towards this end, the
State shall provide for a comprehensive law regulating the ownership, possession,
carrying, manufacture, dealing in and importation of firearms, ammunition, or parts
thereof, in order to provide legal support to law enforcement agencies in their campaign
against crime, stop the proliferation of illegal firearms or weapons and the illegal
manufacture of firearms or weapons, ammunition and parts thereof.

Section 3. Definition of Terms. – As used in this Act:

(a) Accessories refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor
internal parts thereof such as, hut not limited to, laser scope, telescopic sight and sound
suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-
five (75) years prior to the current date but not including replicas; (2) firearm which is
certified by the National Museum of the Philippines to be curio or relic of museum
interest; and (3) any other firearm which derives a substantial part of its monetary value
from the fact that it is novel, rare, bizarre or because of its association with some
historical figure, period or event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or
transfer of firearms, their parts and components and ammunition, from or across the
territory of one country to that of another country which has not been authorized in
accordance with domestic law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine
National Police (PNP) authorizing the importation of firearms, or their parts, ammunition
and other components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or
business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to
engage in the business of buying and selling ammunition, firearms or parte thereof, at
wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of importing
ammunition and firearms, or parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership
duly licensed by the FEO of the PNP to engage in the business of manufacturing
firearms, and ammunition or parts thereof for purposes of sale or distribution.1âwphi1
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National
Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all
other law enforcement agencies by reason of their mandate and must be necessarily
reported or turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its
main purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer
wherein the details of the disposition of firearm is spelled-out, thus indicating the name
of the employee, the firearm information, the specific duration and location of posting or
assignment and the authorized bonded firearm custodian for the juridical entity to whom
such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile,
which is discharged by means of expansive force of gases from burning gunpowder or
other form of combustion or any similar instrument or implement. For purposes of this
Act, the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all
data and information on firearms ownership and disposition for record purposes.
(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
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and
Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one
(21) years old and has gainful work, occupation or business or has filed an Income Tax
Return (ITR) for the preceding year as proof of income, profession, business or
occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized
drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which
shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police
office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal
case before any court of law for a crime that is punishable with a penalty of more than
two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before
the courts of law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.

Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical

person maintaining its own security force may be issued a regular license to own and
possess firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board resolution
to that effect: Provided, That the officer applying for the juridical entity, shall possess all
the qualifications required of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president,
treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but
shall be subject to additional requirements as may be required by the Chief of the PNP.

Section 6. Ownership of Firearms by the National Government. – All firearms owned by

the National Government shall be registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt from all duties and taxes
that may otherwise be levied on other authorized owners of firearms. For reason of
national security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard
and other law enforcement agencies shall only be reported to the FEO of the PNP.

Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to

carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or
his/her life is in imminent danger due to the nature of his/her profession, occupation or
business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by
submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent
danger due to the nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high
risk of being targets of criminal elements.

ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the
PNP, shall issue licenses to qualified individuals and to cause the registration of firearms.

Section 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this
Act and payment of required fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the following categories;
Type 1 license – allows a citizen to own and possess a maximum of two (2) registered
firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5) registered
firearms;
Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered
firearms;
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and
Type 5 license – allows a citizen, who is a certified gun collector, to own and possess
more than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security
measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.

Section 10. Firearms That May Be Registered. – Only small arms may be registered by
licensed citizens or licensed juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the
PNP and other law enforcement agencies authorized by the President in the performance
of their duties: Provided, That private individuals who already have licenses to possess
Class-A light weapons upon the effectivity of this Act shall not be deprived of the
privilege to continue possessing the same and renewing the licenses therefor, for the sole
reason that these firearms are Class "A" light weapons, and shall be required to comply
with other applicable provisions of this Act.

Section 11. Registration of Firearms. – The licensed citizen or licensed juridical entity
shall register his/her/its firearms so purchased with the FEO of the PNP in accordance
with the type of license such licensed citizen or licensed juridical entity possesses. A
certificate of registration of the firearm shall be issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping
and monitoring of firearms with the FEO of the PNP in accordance with the type of
license issued to any person under Section 9 of this Act.

Section 12. License to Possess Ammunition Necessarily Included. – The licenses granted
to qualified citizens or juridical entities as provided in Section 9 of this Act shall include
the license to possess ammunition with a maximum of fifty (50) rounds for each
registered firearm: Provided; That the FEO of the PNP may allow more ammunition to
be possessed by licensed sports shooters.

Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. –

Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition
thereof, or instruments and implements used or intended to be used in the manufacture of
firearms, parts of firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in the
case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and the
types of firms, ammunition or implements which the applicant intends to manufacture or
purchase and sell under the license applied for; and such additional information as may
be especially requested by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary of
the DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by
the applicant before the issuance of the license and the period of time by which said
license shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the
Secretary of the DILG or the Chief of the PNP as the case may be, the same shall be
transmitted to the FEO of the PNP which shall issue the license in accordance with the
approved terms and conditions, upon the execution and delivery by the applicant of the
required bond conditioned upon the faithful compliance on the part of the licensee to the
laws and regulations relative to the business licensed.

Section 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of
the License to Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture,
such as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for
the firearms which the manufacturer is licensed to manufacture: Provided, That the
subcontractor of major parts or major components is also licensed to manufacture
firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components to
be imported shall, however, be limited to those authorized to be manufactured as
reflected in the approved License to Manufacture. The Import Permit shall be under the
administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import various reference
firearms needed to test the ammunition manufactured under the License to Manufacture.
A licensed manufacturer of firearms, on the other hand, is entitled to import various
firearms for reference, test and evaluation for manufacture of similar, types of firearms
covered by the License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished
products of firearms and ammunition. The Export Permit of firearms and ammunition
shall be under the administration of the PNP.

Section 15. Registration of Locally Manufactured and Imported Firearms. – Local

manufacturers and importers of firearms and major parts thereof shall register the same
as follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration shall
be done at the manufacturing facility: Provided, That firearms intended for export shall
no longer be subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon
arrival at the FEO of the PNP storage facility.

Section 16. License and Scope of License to Deal. – The License to Deal authorizes the
purchase, sale and general business in handling firearms and ammunition, major and
minor parts of firearms, accessories, spare parts, components, and reloading machines,
which shall be issued by the Chief of the PNP.

Section 17. License and Scope of License for Gunsmiths. – The license for gunsmiths
shall allow the grantee to repair registered firearms. The license shall include
customization of firearms from finished or manufactured parts thereof on per order basis
and not in commercial quantities and making the minor parts thereof, i.e. pins, triggers,
trigger bows, sights and the like only for the purpose of repairing the registered firearm.
The license for gunsmiths shall be issued by the Chief of the PNP.

Section 18. Firearms for Use in Sports and Competitions. – A qualified individual shall
apply for a permit to transport his/her registered firearm/s from his/her residence to the
firing range/s and competition sites as may be warranted.

Section 19. Renewal of Licenses and Registration. – All types of licenses to possess a
firearm shall be renewed every two (2) years. Failure to renew the license on or before
the date of its expiration shall cause the revocation of the license and of the registration
of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be confiscated or forfeited in favor of
the government after due process.
The failure to renew a license or registration within the periods stated above on two (2)
occasions shall cause the holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the renewal of the license or
registration may be submitted to the FEO of the PNP, within six (6) months before the
date of the expiration of such license or registration.

Section 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the inventory
and records of a licensed manufacturer, dealer or importer of firearms and ammunition
during reasonable hours.

ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND
ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms
and ammunition may only be acquired or purchased from authorized dealers, importers
or local manufacturers and may be transferred or sold only from a licensed citizen or
licensed juridical entity to another licensed citizen or licensed juridical entity: Provided,
That, during election periods, the sale and registration of firearms and ammunition and
the issuance of the corresponding licenses to citizens shall be allowed on the condition
that the transport or delivery thereof shall strictly comply with the issuances, resolutions,
rules and regulations promulgated by the Commission on Elections.

Section 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving in
the Philippines who is legally in possession of any firearm or ammunition in his/her
country of origin and who has declared the existence of the firearm upon embarkation
and disembarkation but whose firearm is not registered in the Philippines in accordance
with this Act shall deposit the same upon written receipt with the Collector of Customs
for delivery to the FEO of the PNP for safekeeping, or for the issuance of a permit to
transport if the person is a competitor in a sports shooting competition. If the importation
of the same is allowed and the party in question desires to obtain a domestic firearm
license, the same should be undertaken in accordance with the provisions of this Act. If
no license is desired or leave to import is not granted, the firearm or ammunition in
question shall remain in the custody of the FEO of the PNP until otherwise disposed of
in-accordance with law.

Section 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon
the departure from the Philippines of any person whose firearm or ammunition is in the
custody of the FEO of the PNP, the same shall, upon timely request, be delivered to the
person through the Collector of Customs. In the case of a participant in a local sports
shooting competition, the firearm must be presented to the Collector of Customs before
the same is allowed to be loaded on board the carrier on which the person is to board.

Section 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a
registered firearm to the FEO of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.

Section 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition

deposited in the custody of the FEO of the PNP pursuant to the provisions of this Act,
shall be deemed to have been abandoned by the owner or his/her authorized
representative if he/she failed to reclaim the same within five (5) years or failed to advise
the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO of the
PNP may dispose of the same after compliance with established procedures.

Section 26. Death or Disability of Licensee. – Upon the death or legal disability of the
holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative,
legal representative, or other person who shall knowingly come into possession of such
firearm or ammunition, to deliver the same to the FEO of the PNP or Police Regional
Office, and such firearm or ammunition shall be retained by the police custodian pending
the issuance of a license and its registration in accordance, with this Act. The failure to
deliver the firearm or ammunition within six (6) months after the death or legal disability
of the licensee shall render the possessor liable for illegal possession of the firearm.

Section 27. Antique Firearm. – Any person who possesses an antique firearm shall
register the same and secure a collector’s license from the FEO of the PNP. Proper
storage of antique firearm shall be strictly imposed. Noncompliance of this provision
shall be considered as illegal possession of the firearm as penalized in this Act.

ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The
unlawful acquisition, possession of firearms and ammunition shall be penalized as
follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3)
or more small arms or Class-A light weapons are unlawfully acquired or possessed by
any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm
under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm or Class-A
light weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a small arm, the former violation shall be
absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-A light weapon, the former violation shall be
absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-B light weapon;
and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-B light weapon.
If the violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-B light weapon, the former violation shall
be absorbed by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an aggravating circumstance:
Provided, That if the crime committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that prescribed in the preceding section
for illegal possession of firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime
committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the preceding section for illegal possession
of firearms, the penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the Revised Penal Code or other
special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’
etat.
If the crime is committed by the person without using the loose firearm, the violation of
this Act shall be considered as a distinct and separate offense.

Section 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum
to prision mayor in its medium period shall be imposed upon the owner, president,
manager, director or other responsible officer of/any public or private firm, company,
corporation or entity who shall willfully or knowingly allow any of the firearms owned
by such firm, company, corporation or entity to be used by any person or persons found
guilty of violating the provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms without any legal authority to
be carried outside of their residence in the course of their employment.

Section 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but who shall carry the registered firearm
outside his/her residence without any legal authority therefor.

Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or

Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of
reclusion temporal to reclusion perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the manufacture of a firearm,
ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business, employment
or activity does not lawfully deal with the possession of such article, shall be prima facie
evidence that such article is intended to be used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium
period shall be imposed upon any laborer, worker or employee of a licensed firearms
dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or
ammunition which the company manufactures and sells, and other materials used by the
company in the manufacture or sale of firearms or ammunition. The buyer or possessor
of such stolen part or material, who is aware that such part or material was stolen, shall
suffer the same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership, association or other
juridical entity, the penalty provided for in this section shall be imposed upon the
directors, officers, employees or other officials or persons therein who knowingly and
willingly participated in the unlawful act.

Section 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon
any person who shall engage or participate in arms smuggling as defined in this Act.

Section 34. Tampering, Obliteration or Alteration of Firearms Identification. – The

penalty of prision correccional to prision mayor in its minimum period shall be imposed
upon any person who shall tamper, obliterate or alter without authority the barrel, slide,
frame, receiver, cylinder, or bolt assembly, including the name of the maker, model, or
serial number of any firearm, or who shall replace without authority the barrel, slide,
frame, receiver, cylinder, or bolt assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP
Crime Laboratory for future use and identification of a particular firearm.

Section 35. Use of an Imitation Firearm. – An imitation firearm used in the commission
of a crime shall be considered a real firearm as defined in this Act and the person who
committed the crime shall be punished in accordance with this Act: Provided, That
injuries caused on the occasion of the conduct of competitions, sports, games, or any
recreation activities involving imitation firearms shall not be punishable under this Act.

Section 36. In Custodia Legis. – During the pendency of any case filed in violation of
this Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments
shall remain in the custody of the court. If the court decides that it has no adequate means
to safely keep the same, the court shall issue an order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in
its custody during the pendency of the case and to produce the same to the court when so
ordered. No bond shall be admitted for the release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any violation of this paragraph shall be
punishable by prision mayor in its minimum period to prision mayor in its medium
period.

Section 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of
this Act shall carry with it the accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or instrument in favor of the
government which shall be disposed of in accordance with law.

Section 38. Liability for Planting Evidence. – The penalty of prision mayor in its
maximum period shall be imposed upon any person who shall willfully and maliciously
insert; place, and/or attach, directly or indirectly, through any overt or covert act, any
firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate
vicinity of an innocent individual for the purpose of implicating or incriminating the
person, or imputing the commission of any violation of the provisions of this Act to said
individual. If the person found guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty of reclusion perpetua.

Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. –

The Chief of the PNP or his/her authorized representative may revoke, cancel or suspend
a license or permit on the following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.

Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who
fails to report to the FEO of the PNP that the subject firearm has been lost or stolen
within a period of thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said
transfer to notify the FEO of the PNP of such change of address.

Section 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
Section 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all
firearms records to include imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and law enforcement agencies,
government agencies, LGUs and government-owned or -controlled corporations shall
submit an inventory of all their firearms and ammunition to the PNP.

Section 43. Final Amnesty. – Persons in possession of unregistered firearms and holders
of expired license or unregistered firearms shall register and renew the same through the
Final General Amnesty within six (6) months from the promulgation of the implementing
rules and regulations of this Act. During the interim period of six (6) months, no person
applying for license shall be charged of any delinquent payment accruing to the firearm
subject for registration. The PNP shall conduct an intensive nationwide campaign to
ensure that the general public is properly informed of the provisions of this Act.

Section 44. Implementing Rules and Regulations. – Within one hundred twenty (120)
days from the effectivity of this Act, the Chief of the PNP, after public hearings and
consultation with concerned sectors of society shall formulate the necessary rules and
regulations for the effective implementation of this Act to be published in at least two (2)
national newspapers of general circulation.

Section 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other
laws, executive orders, letters of instruction, issuances, circulars, administrative orders,
rules or regulations that are inconsistent herewith.

Section 46. Separability Clause. – If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

Section 47. Effectivity. – This Act shall take effect after fifteen (15) days from its
publication in a newspaper of nationwide circulation.