Special Penal Laws

BarOps2022 CRIMINAL LAW: SPECIAL PENAL LAWS
SPECIAL PENAL LAWS
Acts No. 4103 An Act To Provide For An Indeterminate Sentence And Parole
SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by acts of the
Philippine Legislature, otherwise than by the Revised Penal Code, the court shall order the
accused to be imprisoned for a minimum term, which shall not be less than the minimum term
of imprisonment provided by law for the offense, and for a maximum term which shall not
exceed the maximum fixed by law; and where the offense is punished by the Revised Penal
Code, or amendments thereto, the court shall sentence the accused to such maximum as may,
in view of attending circumstances, be properly imposed under the present rules of the said
Code, and to a minimum which shall not be less than the minimum imprisonment period of the
penalty next lower to that prescribed by said Code for the offense. Except as provided in
section two hereof, any person who shall have been so convicted and sentenced and shall
have served the minimum sentence imposed hereunder, may be released on parole in
accordance with the provisions of this Act.
SEC. 2. This Act shall not apply to persons convicted of offenses punished with death penalty
or life imprisonment; to those convicted of treason, conspiracy or proposal to commit treason;
to those convicted of misprision of treason, sedition or espionage; to those convicted of piracy;
to those who are habitual delinquents; to those who shall have escaped from confinement or
evaded sentence; to those who having been granted conditional pardon by the Chief Executive
shall have violated the terms thereof; to those whose maximum term of imprisonment does not
exceed one year; nor to those already sentenced by final judgment at the time of approval of
this Act except as provided in section five hereof.
SEC. 3. There is hereby created a Board of Indeterminate Sentence to be composed of the

Secretary of Justice, who shall be its chairman, and four members to be appointed by the
Governor-General, with the advice and consent of the Philippine Senate, upon this Act taking
effect, and thereafter at the beginning of each Legislature: Provided, That one member of the
Board shall be a trained sociologist, one a clergyman or educator, one psychiatrist unless a
trained psychiatrist be employed by the Board, and the other members shall be persons
qualified for such work by training or experience. At least one member of the Board shall be a
woman. The members of the Board shall be subject to removal at the will of the Governor-
General, and in case of any vacancy in the membership of the Board, a successor may be
appointed to serve only for the unexpired portion of the term of the respective member.
Presidential Decree No. 968

Probation Law
“SEC. 4. Grant of Probation. - Subject to the provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best. No application for probation shall be entertained or
granted if the defendant has perfected the appeal from the judgment of conviction: Provided,
That when a judgment of conviction imposing a non-probationable penalty is appealed or

reviewed, and such judgment is modified through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been re-raffled. In a case
involving several defendants where some have taken further appeal, the other defendants may
apply for probation by submitting a written application and attaching thereto a certified true
copy of the judgment of conviction. “The trial court shall, upon receipt of application filed,
suspend the execution of the sentence imposed in the judgment. “This notwithstanding, the
accused shall lose the benefit of probation should he seek a review of the modified decision
which already imposes a probationable penalty. “Probation may be granted whether the
sentence imposes a term of imprisonment or a fine only. The filing of the application shall be
deemed a waiver of the right to appeal. “An order granting or denying probation shall not be
appealable.”
“SEC. 9. Disqualified Offenders. - The benefits of this Decree shall not be extended to those:
“(a) sentenced to serve a maximum term of imprisonment of more than six (6) years; “(b)
convicted of any crime against the national security; “(c) who have previously been convicted by
final judgment of an offense punished by imprisonment of more than six (6) months and one
(1) day and/or a fine of more than one thousand pesos (Php 1,000.00); “(d) who have been
once on probation under the provisions of this Decree; and “(e) who are already serving
sentence at the time the substantive provisions of this Decree became applicable pursuant to
Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt of
said order;
(b) report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to:

(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without
the prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place
or work;
(j) reside at premises approved by it and not to change his residence without its prior
written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
Section 13. Control and Supervision of Probationer. The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual
supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another

court, control over him shall be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the probation order, the investigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred shall have the power
with respect to him that was previously possessed by the court which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not

more than one year shall not exceed two years, and in all other cases, said period
shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be less
than nor to be more than twice the total number of days of subsidiary imprisonment as
computed at the rate established, in Article thirty-nine of the Revised Penal Code, as
amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for violation of any of the conditions
of probation. The probationer, once arrested and detained, shall immediately be brought before
the court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime shall be applicable to probationers
arrested under this provision. If the violation is established, the court may revoke or continue
his probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall not be appealable.
“SEC. 16. Termination of Probation. - After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated. “The final discharge of the
probationer shall operate to restore to him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to the offense for which probation
was granted. “The probationer and the probation officer shall each be furnished with a copy of
suchorder.”
REPUBLIC ACT No. 9344

JUVENILE JUSTICE AND WELFARE SYSTEM
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is
proven to be eighteen (18) years old or older. The age of a child may be determined from the
child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of
these documents, age may be based on information from the child himself/herself, testimonies
of other persons, the physical appearance of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four
(24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an
initial contact with the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said
authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the person having
custody over the child. If the parents, guardians or nearest relatives cannot be located, or if
they refuse to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC); a local social welfare and development
officer; or when and where appropriate, the DSWD. If the child referred to herein has been
found by the Local Social Welfare and Development Office to be abandoned, neglected or
abused by his parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by the DSWD or the
Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise
,known as "The Child and Youth Welfare Code".
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving
the heads, pouring irritating, corrosive or harmful substances over the body of the child
in conflict with the law, or forcing him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any
and all instances.

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code, is hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –
Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance
of counsel to abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:
"1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and
"2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.
"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice
to the continuation of the trial thereof or the proceeding on appeal, if the same is
under review. Computation of preventive imprisonment for purposes of immediate release
under this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is lestierro, he shall be
released after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."
Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions from the period of his
sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction
of twenty days for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior
during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and
"5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct."
Republic Act 11362 or the Community Service Act (CSA) allows courts, in the exercise of their
discretion, to require community service and rehabilitative counselling in lieu of jail time were
the penalties imposed are arresto mayor (imprisonment from one (1) month and one (1) day to
six (6) months) and arresto menor (imprisonment from one (1) to thirty (30) days).
Community service is "any actual physical activity which inculcates civic consciousness and is
intended towards the improvement of a public work or promotion of a public service." This
privilege may be availed of only once.
The Community Service must observe the following guidelines:
It must be served in the place where the crime was committed;

The number of hours ordered by the courts must be completed within the period likewise
prescribed by the courts;
The person sentenced must undergo rehabilitative counselling under the Social Welfare and
Development Officer of the city or municipality where the crime was committed; and
The person rendering community service must be under the supervision of a probation officer.
The courts must consider the following in the discretionary exercise of imposing Community
Service:
The terms must be commensurate to the gravity of the offense and the circumstances of the
case;
The welfare that the service will bring to society; and
The reasonable probability that the person sentenced shall not violate the law while rendering
the service.
If the convict violates the terms of the community service, he shall serve the full term of his
penalty in jail, or be placed on house arrest if the penalty is arresto menor. Conversely, if he
completes the terms of the community service, the court shall order his release, unless
detained for another offense.
A. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4 and 5, R.A. No. 9775)
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a
child as defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined
herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or
anus; or
(6) use of any object or instrument for lascivious acts
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation
or production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish,
or broadcast: Provided. That possession of three (3) or more articles of child
pornography of the same form shall be prima facie evidence of the intent to sell,
distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or
in establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy
to commit any form of child pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission of any of the said prohibited
acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under Section 15(a) of this Act.
B. Anti-Fencing Law of 1979 (Secs. 2 to 6, P.D. No. 1612)

Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in any article, item, object or anything of
value which he knows, or should be known to him, to have been derived from the
proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than
12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the
latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty which
may be imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value
of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000
pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value
of the property involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property involved is over 50 pesos but not
exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5)
pesos but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5
pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm,
corporation or association, the president or the manager or any officer thereof who knows or
should have known the commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or thievery shall be prima facie
evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all
stores, establishments or entities dealing in the buy and sell of any good, article item, object of
anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering
the same for sale to the public, secure the necessary clearance or permit from the station
commander of the Integrated National Police in the town or city where such store,
establishment or entity is located. The Chief of Constabulary/Director General, Integrated
National Police shall promulgate such rules and regulations to carry out the provisions of this
section. Any person who fails to secure the clearance or permit required by this section or who
violates any of the provisions of the rules and regulations promulgated thereunder shall upon
conviction be punished as a fence.
C. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended by R.A. No. 3047, P.D. No.
677, P.D. No. 1288, B.P. Blg. 195 and R.A. No. 10910)
Section 2.
(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.
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 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.

Sec. 7. Statement of assets and liabilities. -Every public officer, within thirty days after 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
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 officer assuming
office less than two months before the end of the calendar year, may file their first statements
in the following months of January: Provided, further, That the requirements of this section shall
not apply to classroom teachers, laborers, casual and temporary employees, and barrio
officials."
PRESIDENTIAL DECREE No. 1288 January 24, 1978

"Sec. 7. Statement of Assets and Liabilities. Every public officer, within thirty days after assuming
office and, thereafter, on or before the fifteenth day of April following the close of every
calendar year, as well as upon the expiration of his term of office, or upon his resignation or
Head, or in the case of a Head of Department of Chief of an independent office, with the
Office of the President, 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 first statement on or before the fifteenth day of April following the close of the
said calendar year."
BATAS PAMBANSA Blg. 195

Sec. 8. Prima facie evidence of and 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 dependents of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits in the name of or manifestly excessive expenditures incurred by the public
official, his spouse or any of their dependents including but not limited to activities in any club
or association or any ostentatious display of wealth including frequent travel abroad of a non-
official character by any public official when such activities entail expenses evidently our of
proportion to legitimate income, shall likewise be taken into consideration in the enforcement of
this section, notwithstanding any provision of law to the contrary. The circumstances
hereinabove mentioned shall constitute valid ground for the administrative suspension of the
public official concerned for an indefinite period until the investigation of the unexplained wealth
is completed."
Sec. 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 six years and one month nor more than fifteen 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 fair value of such thing.
‘(b) Any public officer violating any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one thousand pesos nor more than five thousand pesos, or by
imprisonment not exceeding one year six months, 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."
Sec. 10. Competent Court. Until otherwise provided by law, all prosecutions under this Act shall
be within the original jurisdiction of the Sandiganbayan."

"Sec. 11. Prescription of Offenses. - All offenses punishable under this Act shall prescribe in
twenty years."
D. Anti-Hazing Act of 2018 (R.A. No. 8049, as amended by R.A. No. 11053)
Section 2. Definition of Terms. - As used in this Act:
(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice
made as a prerequisite for admission or a requirement for continuing membership in a
fraternity, sorority, or organization including, but not limited to paddling, whipping, beating,
branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor,
beverage, drug or other substance, or any other brutal treatment or forced physical activity
which is likely to adversely affect the physical and psychological health of such recruit,
neophyte, applicant, or member. This shall also include any activity, intentionally made or
otherwise, by one person alone or acting with others, that tends to humiliate or embarrass,
degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do
menial, silly, or foolish tasks.
(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather
formal or informal, that a person must perform or take part in order to be accepted into
fraternity, sorority, organization as a full-fledged member. It includes ceremonies practices ,
rituals, and other acts in all stages of membership in a fraternity, sorority, or organization.
(c) Organization refers to an organized body of people which includes, but it is not limited to,
any club, association, group, fraternity, and sorority. This term shall include the Armed Forces
of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy
(PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service
learning institutions.
(d) Schools refer to colleges, universities, and other educational institutions."
Section 3. A new section to be denominated as Section 3 is hereby inserted in the same Act
to read as follows:
Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities,
and organizations in schools, including citizens' military training and citizens' army training. This
prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not
school-based, such as community-based and other similar fraternities, sororities and
organizations: Provide, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the
PNP as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided herein
shall likewise apply to similar procedures and practices approved by the respective heads of
other uniformed learning institutions as to their prospective members, nor shall this provision
apply to any customary athletic events or other similar contests or competitions or any activity
or conduct that furthers a legal and legitimate objective, subject to prior submission of a
medical clearance or certificate.
"In no case shall hazing be made a requirement for employment in any business or
corporation."
Sec. 4. Regulation of School-Based Initiation Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided, That:
(a) A written application to conduct initiation rites shall be made to the proper authorities of
the school not later than seven (7) days prior to scheduled initiation date;
(b) The written application shall indicate the place and date of the initiation rites and the
names of the recruits, neophytes, or applicants to be initiated and the manner by which they
will conduct the initiation rites;
(d) The initiation rites shall not last more than three (3) days;
(e) The application shall contain the names of the incumbent officers of the fraternity, sorority,
or organization and any person or persons who will take charge in the conduct of the initiation
rites;
(f) The application shall be under oath with a declaration that it has been posted in the official
school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization,
and two(2) other conspicuous places in the school or in the premises of the organization; and
(g) The application shall be posted from the time of submission of the written notice to the
school authorities or head of organization and shall only be removed from its posting three (3)
days after the conduct of the initiation rites.
The school, fraternity, sorority, or organization shall provide for their respective bulletin boards
for purposes of this section.
Guidelines for the approval or denial of the application to conduct initiation rites by a
registered fraternity, sorority, organization shall be promulgated by the appropriate school
official not later than sixty (60) days after the approval of this Act. The appropriate school
authorities shall have the obligation to disapproved the application to conduct initiation rites
that do not conform with any of the requirements of this section, and in unequivocal terms in
a formal advice to the fraternity sorority, or organization concerned, taking into consideration
the safety and security of participants in the activity.
School officials shall have the authority to impose after due notice and summary hearing,
disciplinary sanctions, in accordance with the school's guidelines and regulations on the matter,
which shall include, but shall not be limited to, reprimand, suspension, exclusion, or expulsion,
to the head and all other officers of the fraternity, sorority and organization which conducts an
initiation without first securing the necessary approval of the school as required under this
section. All members of the fraternity, sorority, or organization, who participated in the
unauthorized initiation rites, even if no hazing was conducted, shall also be punished
accordingly.
In case the written application for the conduct of initiation rites contains false or inaccurate
information, appropriate disciplinary sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion shall be imposed, after due
notice and summary hearing, against the person who prepared the application or supplied the
false and inaccurate information and to the head and other officers of the fraternity, sorority,
or organization concerned.
Sec. 5. Monitoring of Initiation Rites.- The head of the school or an authorized representative
must assign at least two (2) representatives of the school to be present during the initiation. It
is the duty of the school representatives to see to it that no hazing is conducted during the
initiation rites and to document the entire proceedings. Thereafter, said representatives who
were present during the initiation shall make a report of the initiation rites to the appropriate
officials of the school regarding the conduct of the said initiation: Provided, That if hazing is
still committed despite their presence, no liability shall attach to them unless it is proven that
they failed to perform an overt act to prevent or stop the commission thereof."
Upon registration, all fraternities, sororities, or organizations shall submit a comprehensive list of
members, which shall be updated not later than thirty (30) days from the start of every
semester or trimester, depending on the academic calendar of the school.
School official shall have the authority to impose, after due notice and summary hearings,
disciplinary penalties in accordance with the school's guidelines and regulations on the matter
including suspension to the head and other officers of the fraternity, sorority, or organization
who fail to register or update their roster of members as required under this section.
Failure to comply with any of the requirements in this section shall result in the cancellation of
the registration of the fraternity, sorority, or organization."
E. Anti-Money Laundering Act of 2001 (R.A. No. 9160

REPUBLIC ACT NO. 9160
Section 3. Definitions. For purposes of this Act, the following terms are hereby defined as
follows:
(a) "Covered Institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and
their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng
Pilipinas (BSP);
(2) Insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and other similar
entities managing securities or rendering services as investment agent, advisor, or
consultant, (ii) mutual funds, close and investment companies, common trust
funds, pre-need companies and other similar entities, (iii) foreign exchange
corporations, money changers, money payment, remittance, and transfer
companies and other similar entities, and (iv) other entities administering or
otherwise dealing in currency, commodities or financial derivatives based thereon,
valuable objects, cash substitutes and other similar monetary instruments or
property supervised or regulated by Securities and Exchange Commission.
(b) "Covered transaction" is a single, series, or combination of transactions involving a
total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.
It likewise refers to a single, series or combination or pattern of unusually large and
complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.
(c) "Monetary Instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers, deposit
certificates, trust certificates, custodial receipts or deposit substitute instruments,
trading orders, transaction tickets and confirmations of sale or investments and
money marked instruments; and
(4) other similar instruments where title thereto passes to another by
endorsement, assignment or delivery.
(l) "Unlawful activity" refers to any act or omission or series or combination thereof
involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known
as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended; otherwise known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302
of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree
No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under, Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive
arson and murder, as defined under the Revised Penal Code, as amended,
including those perpetrated by terrorists against non-combatant persons and
similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799,
otherwise known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal
laws of other countries.
Section 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of
an unlawful activity are transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves,
or relates to the proceeds of any unlawful activity, transacts or attempts to transact
said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do
so.
Section 5. Jurisdiction of Money Laundering Cases. – The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the jurisdiction of
the Sandiganbayan.
Section 6. Prosecution of Money Laundering. –
(a) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing
and other remedies provided.
Section 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering
Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng
Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a
foreign State, or believed by the Council, on the basis of substantial evidence to be in
whole or in part, whenever located, representing, involving, or related to, directly or
indirectly, in any manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings through
the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and
other violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceed of any
unlawful activity;
(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for
assistance in their own anti-money laundering operations provided in this Act;
(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and –controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute
prevention, detection and investigation of money laundering offenses and prosecution of
offenders.
Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record

Keeping. –
(a) Customer Identification, - Covered institutions shall establish and record the true
identity of its clients based on official documents. They shall maintain a system of
verifying the true identity of their clients and, in case of corporate clients, require a
system of verifying their legal existence and organizational structure, as well as the
authority and identification of all persons purporting to act on their behalf.
The provisions of existing laws to the contrary notwithstanding, anonymous accounts,
accounts under fictitious names, and all other similar accounts shall be absolutely
prohibited. Peso and foreign currency non-checking numbered accounts shall be allowed.
The BSP may conduct annual testing solely limited to the determination of the existence
and true identity of the owners of such accounts.
(b) Record Keeping – All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the date of transactions. With
respect to closed accounts, the records on customer identification, account files and
business correspondence, shall be preserved and safety stored for at least five (5) years
from the dates when they were closed.
(c) Reporting of Covered Transactions. – Covered institutions shall report to the AMLC all
covered transactions within five (5) working days from occurrence thereof, unless the
Supervising Authority concerned prescribes a longer period not exceeding ten (10)
working days.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates shall not be deemed to
have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic
Act No. 8791 and other similar laws, but are prohibited from communicating, directly or
indirectly, in any manner or by any means, to any person the fact that a covered transaction
report was made, the contents thereof, or any other information in relation thereto. In case of
violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or
associate of the covered institution, shall be criminally liable. However, no administrative,
criminal or civil proceedings, shall lie against any person for having made a covered transaction
report in the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates are prohibited from
communicating, directly or indirectly, in any manner or by any means, to any person, entity, the
media, the fact that a covered transaction report was made, the contents thereof, or any other
information in relation thereto. Neither may such reporting be published or aired in any manner
or form by the mass media, electronic mail, or other similar devices. In case of violation
thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate
of the covered institution, or media shall be held criminally liable.
Section 10. Authority to Freeze. – Upon determination that probable cause exists that any
deposit or similar account is in any way related to an unlawful activity, the AMLC may issue a
freeze order, which shall be effective immediately, on the account for a period not exceeding
fifteen (15) days. Notice to the depositor that his account has been frozen shall be issued
simultaneously with the issuance of the freeze order. The depositor shall have seventy-two (72)
hours upon receipt of the notice to explain why the freeze order should be lifted. The AMLC
has seventy-two (72) hours to dispose of the depositor's explanation. If it falls to act within
seventy-two (72) hours from receipt of the depositor's explanation, the freeze order shall
automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be extended
upon order of the court, provided that the fifteen (15)-day period shall be tolled pending the
court's decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against any freeze order
issued by the AMLC except the Court of Appeals or the Supreme Court.
Section 11. Authority to inquire into Bank Deposits. – Notwithstanding the provisions of Republic
Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, and
other laws, the AMLC may inquire into or examine any particular deposit or investment with any
banking institution or non-bank financial institution upon order of any competent court in cases
of violation of this Act when it has been established that there is probable cause that the
deposits or investments involved are in any way related to a money laundering
offense: Provided, That this provision shall not apply to deposits and investments made prior to
the effectivity of this Act.
Section 12. Forfeiture Provisions. –

(a) Civil Forfeiture. – When there is a covered transaction report made, and the court
has, in a petition filed for the purpose ordered seizure of any monetary instrument or
property, in whole or in part, directly or indirectly, related to said report, the Revised
Rules of Court on civil forfeiture shall apply.
(b) Claim on Forfeited Assets. – Where the court has issued an order of forfeiture of the
monetary instrument or property in a criminal prosecution for any money laundering
offense defined under Section 4 of this Act, the offender or any other person claiming
an interest therein may apply, by verified petition, for a declaration that the same
legitimately belongs to him and for segregation or exclusion of the monetary instrument
or property corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of conviction and order of forfeiture, within fifteen (15)
days from the date of the order or forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and criminal
forfeiture.
(c) Payment in Lieu of Forfeiture. – Where the court has issued an order of forfeiture of
the monetary instrument or property subject of a money laundering offense defined
under Section 4, and said order cannot be enforced because any particular monetary
instrument or property cannot, with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value or otherwise rendered worthless by
any act or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted or otherwise transferred to prevent the same from being
found or to avoid forfeiture thereof, or it is located outside the Philippines or has been
placed or brought outside the jurisdiction of the court, or it has been commingled with
other monetary instruments or property belonging to either the offender himself or a
third person or entity, thereby rendering the same difficult to identify or be segregated
for purposes of forfeiture, the court may, instead of enforcing the order of forfeiture of
the monetary instrument or property or part thereof or interest therein, accordingly
order the convicted offender to pay an amount equal to the value of said monetary
instrument or property. This provision shall apply in both civil and criminal forfeiture.
Section 13. Mutual Assistance among States. –
(a) Request for Assistance from a Foreign State. – Where a foreign State makes a
request for assistance in the investigation or prosecution of a money laundering offense,
the AMLC may execute the request or refuse to execute the same and inform the
foreign State of any valid reason for not executing the request or for delaying the
execution thereof. The principles of mutuality and reciprocity shall, for this purpose, be
at all times recognized.
(b) Power of the AMLC to Act on a Request for Assistance from a Foreign State. – The
AMLC may execute a request for assistance from a foreign State by: (1) tracking down,
freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity
under the procedures laid down in this Act; (2) giving information needed by the foreign
State within the procedures laid down in this Act; and (3) applying for an order of
forfeiture of any monetary instrument or property in the court: Provided, That the court
shall not issue such an order unless the application is accompanied by an authenticated
copy of the order of a court in the requesting State ordering the forfeiture of said
monetary instrument or properly of a person who has been convicted of a money
laundering offense in the requesting State, and a certification of an affidavit of a
competent officer of the requesting State stating that the conviction and the order of
forfeiture are final and then no further appeal lies in respect or either.
(c) Obtaining Assistance from Foreign States. – The AMLC may make a request to any
foreign State for assistance in (1) tracking down, freezing, restraining and seizing assets
alleged to be proceeds of any unlawful activity; (2) obtaining information that it needs
relating to any covered transaction, money laundering offense or any other matter
directly or indirectly, related thereto; (3) to the extent allowed by the law of the Foreign
State, applying with the proper court therein for an order to enter any premises
belonging to or in the possession or control of, any or all of the persons named in
said request, and/or search any or all such persons named therein and/or remove any
document, material or object named in said request: Provided, That the documents
accompanying the request in support of the application have been duly authenticated in
accordance with the applicable law or regulation of the foreign State; and (4) applying
for an order of forfeiture of any monetary instrument or property in the proper court in
the foreign State: Provided, That the request is accompanied by an authenticated copy
of the order of the regional trial court ordering the forfeiture of said monetary
instrument or property of a convicted offender and an affidavit of the clerk of court
stating that the conviction and the order of forfeiture are final and that no further
appeal lies in respect of either.
(d) Limitations on Request for Mutual Assistance. – The AMLC may refuse to comply with
any request for assistance where the action sought by the request contravenes any
provision of the Constitution or the execution of a request is likely to prejudice the
national interest of the Philippines unless there is a treaty between the Philippines and
the requesting State relating to the provision of assistance in relation to money
laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign State. – A request for
mutual assistance from a foreign State must (1) confirm that an investigation or
prosecution is being conducted in respect of a money launderer named therein or that
he has been convicted of any money laundering offense; (2) state the grounds on which
any person is being investigated or prosecuted for money laundering or the details of
his conviction; (3) gives sufficient particulars as to the identity of said person; (4) give
particulars sufficient to identity any covered institution believed to have any information,
document, material or object which may be of assistance to the investigation or
prosecution; (5) ask from the covered institution concerned any information, document,
material or object which may be of assistance to the investigation or prosecution; (6)
specify the manner in which and to whom said information, document, material or object
detained pursuant to said request, is to be produced; (7) give all the particulars
necessary for the issuance by the court in the requested State of the writs, orders or
processes needed by the requesting State; and (8) contain such other information as
may assist in the execution of the request.
(f) Authentication of Documents. – For purposes of this Section, a document is
authenticated if the same is signed or certified by a judge, magistrate or equivalent
officer in or of, the requesting State, and authenticated by the oath or affirmation of a
witness or sealed with an official or public seal of a minister, secretary of State, or
officer in or of, the government of the requesting State, or of the person administering
the government or a department of the requesting territory, protectorate or colony. The
certificate of authentication may also be made by a secretary of the embassy or
legation, consul general, consul, vice consul, consular agent or any officer in the foreign
service of the Philippines stationed in the foreign State in which the record is kept, and
authenticated by the seal of his office.
(g) Extradition. – The Philippines shall negotiate for the inclusion of money laundering
offenses as herein defined among extraditable offenses in all future treaties.
F. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 and 4, R.A. No. 9995)
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent that
it be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by
any means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a
person or group of persons performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the written
consent of the person/s involved, notwithstanding that consent to record or take photo
or video coverage of same was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public
area, buttocks or female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy"
means believe that he/she could disrobe in privacy, without being concerned that an
image or a private area of the person was being captured; or circumstances in which a
reasonable person would believe that a private area of the person would not be visible
to the public, regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video
or recording of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
G. Anti-Plunder Act (Secs. 1, 2 and 6, R.A. No. 7080, as amended by R.A. No. 7659)
Republic Act No. 7080

Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies
or instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material
possession of any person within the purview of Section Two (2) hereof, acquired by him
directly or indirectly through dummies, nominees, agents, subordinates and/or business
associates by any combination or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds
or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or entity
in connection with any government contract or project or by reason of the office
or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or instrumentalities
or government-owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock,
equity or any other form of interest or participation including promise of future
employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino people and the Republic of the
Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts as described in Section 1(d) hereof,
in the aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00),
shall be guilty of the crime of plunder and shall be punished by life imprisonment with
perpetual absolute disqualification from holding any public office. Any person who participated
with said public officer in the commission of plunder shall likewise be punished. In the
imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances shall be considered by the court. The court shall declare any and all
ill-gotten wealth and their interests and other incomes and assets including the properties and
shares of stock derived from the deposit or investment thereof forfeited in favor of the State.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty
(20) years. However, the right of the State to recover properties unlawfully acquired by public
officers from them or from their nominees or transferees shall not be barred by prescription,
laches, or estoppel.
H. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4 and 5, R.A. No. 9745)
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession; punishing him/her for an act
he/she or a third person has committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of
a person in authority. It does not include pain or Buffering arising only from, inherent in
or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate
and aggravated treatment or punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in authority against a person
under his/her custody, which attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited
to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such
as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the
point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness
or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease;
and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or
other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of
a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives
or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body against
his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of
his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment
or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against another person in custody, which attains a level of
severity sufficient to cause suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the circumstances of the case, including
the duration of the treatment or punishment, its physical and mental effects and, in some
cases, the sex, religion, age and state of health of the victim.
I. Anti-Trafficking in Persons Act of 2003 (Secs. 3 to 12, R.A. No. 9208)

Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or knowledge, within
or across national borders by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose
of exploitation shall also be considered as "trafficking in persons" even if it does not
involve any of the means set forth in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental disability
or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists. This includes sexual
services and practices offered during rest and recreation periods for members of the
military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or
labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of
the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any Filipino
woman to a foreign national, for marriage for the purpose of acquiring, buying, offering,
selling or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines
or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which issues
these certificates and stickers as proof of compliance with government regulatory and
pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating
the acquisition of clearances and necessary exit documents from government agencies
that are mandated to provide pre-departure registration and services for departing
persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to prevent
them from leaving the country or seeking redress from the government or appropriate
agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude

or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 7. Confidentiality. - At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial. The name and personal circumstances of
the trafficked person or of the accused, or any other information tending to establish their
identities and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause publicity
of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission
of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked person
actually resides at the time of the commission of the offense: Provided, That the court where
the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of
six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any
juridical person, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commission of the
crime or who shall have knowingly permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel
agent, club or establishment, or any place of entertainment shall be cancelled and
revoked permanently. The owner, president, partner or manager thereof shall not be
allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether juridical
or natural, recruitment agencies, establishments or other individuals or groups, who fail
to observe the prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction, be
dismissed from the service and be barred permanently to hold public office. His/her
retirement and other benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the
court and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of
the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
J. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5 and 26, R.A. No.
9262)
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but
is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against
a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or threat
of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging
in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right
to the use and enjoyment of the conjugal, community or property owned
in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling
the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter " refers to any home or institution maintained or managed by
the Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any
other suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 7610. As used
in this Act, it includes the biological children of the victim and other children under her
care.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to,
the following acts committed with the purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or
her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to the woman's
child/children.
SECTION 26. Battered Woman Syndrome as a Defense . – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted by
expert psychiatrists/ psychologists.
K. Anti-Wire Tapping Act (Secs. 1 to 4, R.A. No. 4200)
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-
talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc record,
or any other such record, or copies thereof, of any communication or spoken word secured
either before or after the effective date of this Act in the manner prohibited by this law; or to
replay the same for any other person or persons; or to communicate the contents thereof,
either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to
any other person: Provided, That the use of such record or any copies thereof as evidence in
any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in the preceding section or who violates the
provisions of the following section or of any order issued thereunder, or aids, permits, or
causes such violation shall, upon conviction thereof, be punished by imprisonment for not less
than six months or more than six years and with the accessory penalty of perpetual absolute
disqualification from public office if the offender be a public official at the time of the
commission of the offense, and, if the offender is an alien he shall be subject to deportation
proceedings.
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the Court, to execute any of the acts
declared to be unlawful in the two preceding sections in cases involving the crimes of treason,
espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,
rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy
to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616, punishing espionage and other offenses against
national security: Provided, That such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses he
may produce and a showing: (1) that there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed or is being committed or is about to be
committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or
acts of sedition, as the case may be, have actually been or are being committed; (2) that there
are reasonable grounds to believe that evidence will be obtained essential to the conviction of
any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that
there are no other means readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose
communications, conversations, discussions, or spoken words are to be overheard, intercepted,
or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or
the telephone number involved and its location; (2) the identity of the peace officer authorized
to overhear, intercept, or record the communications, conversations, discussions, or spoken
words; (3) the offense or offenses committed or sought to be prevented; and (4) the period of
the authorization. The authorization shall be effective for the period specified in the order which
shall not exceed sixty (60) days from the date of issuance of the order, unless extended or
renewed by the court upon being satisfied that such extension or renewal is in the public
interest.
All recordings made under court authorization shall, within forty-eight hours after the expiration
of the period fixed in the order, be deposited with the court in a sealed envelope or sealed
package, and shall be accompanied by an affidavit of the peace officer granted such authority
stating the number of recordings made, the dates and times covered by each recording, the
number of tapes, discs, or records included in the deposit, and certifying that no duplicates or
copies of the whole or any part thereof have been made, or if made, that all such duplicates
or copies are included in the envelope or package deposited with the court. The envelope or
package so deposited shall not be opened, or the recordings replayed, or used in evidence, or
their contents revealed, except upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
The court referred to in this section shall be understood to mean the Court of First Instance
within whose territorial jurisdiction the acts for which authority is applied for are to be
executed.
Section 4. Any communication or spoken word, or the existence, contents, substance, purport,
effect, or meaning of the same or any part thereof, or any information therein contained
obtained or secured by any person in violation of the preceding sections of this Act shall not
be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.
L. Bouncing Checks Law (B.P. Blg. 22)

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.
Section 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.
Section 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.
Not with standing 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.
Section 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.
Section 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.
M. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165 as amended by R.A. No. 10640)
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch
in transit or transport any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in any of such
transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive, or resort where any controlled precursor and essential chemical is used
or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case where
any dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same
in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer,
owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall specifically
allege that such place is intentionally used in the furtherance of the crime: Provided, further,
That the prosecution shall prove such intent on the part of the owner to use the property for
such purpose: Provided, finally, That the owner shall be included as an accused in the criminal
complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who
Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug.
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
The maximum penalty provided for under this Section shall be imposed upon any person, who
Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals . - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals . - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other
paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal any dangerous drug and/or controlled precursor and essential chemical in violation of
this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and
a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human
body a dangerous drug in violation of this Act.
uses a minor or a mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty
(50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe
the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated Section
15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any
person found possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings . - The maximum penalty provided
for in Section 12 of this Act shall be imposed upon any person, who shall possess or have
under his/her control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate
company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be

positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of
a minimum of six (6) months rehabilitation in a government center for the first offense, subject
to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the
second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to
Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this Act, in which case the provisions stated
therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in the
case of medical laboratories and medical research centers which cultivate or culture marijuana,
opium poppy and other plants, or materials of such dangerous drugs for medical experiments
and research purposes, or for the creation of new types of medicine, the Board shall prescribe
the necessary implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or
cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the maximum penalty provided
for under this Section shall be imposed upon the offender.
Section.
REPUBLIC ACT NO. 10640

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT,
AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165
SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, with an
elected public official and a representative of the National Prosecution Service or the media
who shall be required to sign the copies of the inventory and be given a copy
thereof: Provided, That the physical inventory and photograph shall be conducted at the place
where the search warrant is served; or at the nearest police station or at the nearest office of
the apprehending officer/team, whichever is practicable, in case of warrantless
seizures: Provided, finally, That noncompliance of these requirements under justifiable grounds,
as long as the integrity and the evidentiary value of the seized items are properly preserved by
the apprehending officer/team, shall not render void and invalid such seizures and custody over
said items.
"x x x
(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject
item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued immediately upon
completion of the said examination and certification;
N. Cybercrime Prevention Act of 2012 (R.A. No. 10175)
Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
(1) Illegal Access. – The access to the whole or any part of a computer system
without right.
(2) Illegal Interception. – The interception made by technical means without right
of any non-public transmission of computer data to, from, or within a computer
system including electromagnetic emissions from a computer system carrying
such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion
or deterioration of computer data, electronic document, or electronic data
message, without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right
or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this Act; or
(bb) A computer password, access code, or similar data by which

the whole or any part of a computer system is capable of being
accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb)
above with intent to use said devices for the purpose of committing any
of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad
faith to profit, mislead, destroy reputation, and deprive others from registering
the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark
registered with the appropriate government agency at the time of the
domain name registration:
(ii) Identical or in any way similar with the name of a person other than
the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not
the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging to
another, whether natural or juridical, without right: Provided, That if no damage
has yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system: Provided, That the penalty to be imposed shall be
(1) one degree higher than that provided for in Republic Act No. 9775. 1âwphi1
(3) Unsolicited Commercial Communications. — The transmission of commercial
electronic communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or

administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple,
valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in
order to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of
the Revised Penal Code, as amended, committed through a computer system or
any other similar means which may be devised in the future.
Section 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets
or aids in the commission of any of the offenses enumerated in this Act shall be held
liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the Revised Penal
Code, as amended, and special laws, as the case may be.
Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of
the provisions of this Act. including any violation committed by a Filipino national regardless of
the place of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly situated in the
country, or when by such commission any damage is caused to a natural or juridical person
who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to
handle cybercrime cases.
Section 22. General Principles Relating to International Cooperation. — All relevant international
instruments on international cooperation in criminal matters, arrangements agreed on the basis
of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the
purposes of investigations or proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form of a criminal, offense
shall be given full force and effect.
O. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, R.A. No. 10883)

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.
P. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Secs. 3(a),
5 and 10, R.A. No. 7610)
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
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute;
or
(5) Giving monetary consideration goods or other pecuniary benefit to a child
with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places shall suffer the penalty of prision mayor in
its maximum period and a fine of not less than Fifty thousand pesos (P50,000):
Provided, That this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law, local custom
and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not less
than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be
an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such place
or places any minor herein described shall be imposed a penalty of prision mayor in its
medium period 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.
Q. Swindling by Syndicate (P.D. No. 1689)

Section 1. Any person or persons who shall commit estafa or other forms of swindling as
defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by
life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of
five or more persons formed with the intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation results in the misappropriation of
money contributed by stockholders, or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by corporations/associations from the
general public.
When not committed by a syndicate as above defined, the penalty imposable shall be reclusion
temporal to reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.

Special Penal Laws - 2022

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BarOps2022 CRIMINAL LAW: SPECIAL PENAL LAWS

SEC. 3. There is hereby created a Board of Indeterminate Sentence to be composed of the

Presidential Decree No. 968

That when a judgment of conviction imposing a non-probationable penalty is appealed or

The court may also require the probationer to:

Whenever a probationer is permitted to reside in a place under the jurisdiction of another

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not

REPUBLIC ACT No. 9344

REPUBLIC ACT No. 10592

The Community Service must observe the following guidelines:

It must be served in the place where the crime was committed;

B. Anti-Fencing Law of 1979 (Secs. 2 to 6, P.D. No. 1612)

REPUBLIC ACT No. 3047

PRESIDENTIAL DECREE No. 1288 January 24, 1978

BATAS PAMBANSA Blg. 195

REPUBLIC ACT No. 10910

E. Anti-Money Laundering Act of 2001 (R.A. No. 9160

Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record

Section 12. Forfeiture Provisions. –

Republic Act No. 7080

I. Anti-Trafficking in Persons Act of 2003 (Secs. 3 to 12, R.A. No. 9208)

prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

L. Bouncing Checks Law (B.P. Blg. 22)

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be

REPUBLIC ACT NO. 10640

N. Cybercrime Prevention Act of 2012 (R.A. No. 10175)

(bb) A computer password, access code, or similar data by which

(ii) The primary intent of the communication is for service and/or

O. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, R.A. No. 10883)

Q. Swindling by Syndicate (P.D. No. 1689)

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