REPUBLIC ACT No.
10591 (c) Antique firearm refers to any: (1)
AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS
Section 1. Short Title. – This Act shall be known
as the "Comprehensive Firearms and
Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the
policy of the State to maintain peace and order
and protect the people against violence. The
State also recognizes the right of its qualified
citizens to self-defense through, when it is the
reasonable means to repel the unlawful
aggression under the circumstances, the use of
firearms. Towards this end, the State shall
provide for a comprehensive law regulating the
ownership, possession, carrying, manufacture,
dealing in and importation of firearms,
ammunition, or parts thereof, in order to provide
legal support to law enforcement agencies in
their campaign against crime, stop the
proliferation of illegal firearms or weapons and
the illegal manufacture of firearms or weapons,
ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this
Act:
(a) Accessories refer to parts of a
firearm which may enhance or increase
the operational efficiency or accuracy of
a firearm but will not constitute any of
the major or minor internal parts thereof
such as, hut not limited to, laser scope,
telescopic sight and sound suppressor
or silencer.
(b) Ammunition refers to a complete
unfixed unit consisting of a bullet,
gunpowder, cartridge case and primer or
loaded shell for use in any firearm.
firearm which was manufactured at least
seventy-five (75) years prior to the
current date but not including replicas;
(2) firearm which is certified by the
National Museum of the Philippines to
be curio or relic of museum interest; and
(3) any other firearm which derives a
substantial part of its monetary value
from the fact that it is novel, rare, bizarre
or because of its association with some
historical figure, period or event.
(d) Arms smuggling refers to the import,
export, acquisition, sale, delivery,
movement or transfer of firearms, their
parts and components and ammunition,
from or across the territory of one
country to that of another country which
has not been authorized in accordance
with domestic law in either or both
country/countries.
(e) Authority to import refers to a
document issued by the Chief of the
Philippine National Police (PNP)
authorizing the importation of firearms,
or their parts, ammunition and other
components.
(f) Authorized dealer  refers to any
person, legal entity, corporation,
partnership or business entity duly
licensed by the Firearms and Explosive
Office (FEO) of the PNP to engage in
the business of buying and selling
ammunition, firearms or parte thereof, at
wholesale or retail basis.
(g) Authorized importer  refers to any
person, legal entity, corporation,
partnership or business duly licensed by
the FEO of the PNP to engage in the
business of importing ammunition and
firearms, or parts thereof into the
territory of the Republic of the
Philippines for purposes of sale or
distribution under the provisions of this
Act.
(h) Authorized manufacturer  refers to
any person, legal entity, corporation, or
partnership duly licensed by the FEO of
the PNP to engage in the business of
manufacturing firearms, and ammunition
or parts thereof for purposes of sale or
distribution.
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(i) Confiscated firearm  refers to a
firearm that is taken into custody by the
PNP, National Bureau of Investigation
(NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law
enforcement agencies by reason of their
mandate and must be necessarily
reported or turned over to the PEO of
the PNP.
(j) Demilitarized firearm  refers to a
firearm deliberately made incapable of
performing its main purpose of firing a
projectile.
(k) Duty detail order  refers to a
document issued by the juridical entity
or employer wherein the details of the
disposition of firearm is spelled-out, thus
indicating the name of the employee, the
firearm information, the specific duration
and location of posting or assignment
and the authorized bonded firearm
custodian for the juridical entity to whom
such firearm is turned over after the
lapse of the order.
(l) Firearm refers to any handheld or
portable weapon, whether a small arm
or light weapon, that expels or is
designed to expel a bullet, shot, slug,
missile or any projectile, which is
discharged by means of expansive force
of gases from burning gunpowder or
other form of combustion or any similar
instrument or implement. For purposes
of this Act, the barrel, frame or receiver
is considered a firearm.
(m) Firearms Information Management
System (FIMS) refers to the compilation
of all data and information on firearms
ownership and disposition for record
purposes.
(n) Forfeited firearm  refers to a firearm
that is subject to forfeiture by reason of
court order as accessory penalty or for
the disposition by the FEO of the PNP of
firearms considered as abandoned,
surrendered, confiscated or revoked in
compliance with existing rules and
regulations.
(o) Gun club refers to an organization
duly registered with and accredited in
good standing by the FEO of the PNP
which is established for the purpose of
propagating responsible and safe gun
ownership, proper appreciation and use
of firearms by its members, for the
purpose of sports and shooting
competition, self-defense and collection
purposes.
(p) Gunsmith refers to any person, legal
entity, corporation, partnership or
business duly licensed by the FEO of
the PNP to engage in the business of
repairing firearms and other weapons or
constructing or assembling firearms and
weapons from finished or manufactured
parts thereof on a per order basis and
not in commercial quantities or of
making minor parts for the purpose of
repairing or assembling said firearms or
weapons.
(q) Imitation firearm refers to a replica of
a firearm, or other device that is so
substantially similar in coloration and
overall appearance to an existing
firearm as to lead a reasonable person
to believe that such imitation firearm is a
real firearm.
(r) Licensed citizen refers to any Filipino
who complies with the qualifications set
forth in this Act and duly issued with a
license to possess or to carry firearms
outside of the residence in accordance
with this Act.
(s) Licensed, juridical entity  refers to
corporations, organizations, businesses
including security agencies and local
government units (LGUs) which are
licensed to own and possess firearms in
accordance with this Act.
(t) Light weapons  are: Class-A Light
weapons which refer to self-loading
pistols, rifles and carbines, submachine
guns, assault rifles and light machine
guns not exceeding caliber 7.62MM
which have fully automatic mode; and
Class-B Light weapons which refer to
weapons designed for use by two (2) or
more persons serving as a crew, or rifles
and machine guns exceeding caliber
7.62MM such as heavy machine guns,
handheld underbarrel and mounted
grenade launchers, portable anti-aircraft
guns, portable anti-tank guns, recoilless
rifles, portable launchers of anti-tank
missile and rocket systems, portable
launchers of anti-aircraft missile
systems, and mortars of a caliber of less
than 100MM.
(u) Long certificate of registration  refers
to licenses issued to government
agencies or offices or government-
owned or -controlled corporations for
firearms to be used by their officials and
employees who are qualified to possess
firearms as provider in this Act,
excluding security guards.
(v) Loose firearm  refers to an
unregistered firearm, an obliterated or
altered firearm, firearm which has been
lost or stolen, illegally manufactured
firearms, registered firearms in the
possession of an individual other than
the licensee and those with revoked
licenses in accordance with the rules
and regulations.
(w) Major part or components of a
firearm  refers to the barrel, slide, frame,
receiver, cylinder or the bolt assembly.
The term also includes any part or kit
designed and intended for use in
converting a semi-automatic burst to a
full automatic firearm.
(x) Minor parts of a firearm  refers to the
parts of the firearm other than the major
parts which are necessary to effect and
complete the action of expelling a
projectile by way of combustion, except
those classified as accessories.
(y) Permit to carry firearm outside of
residence refers to a written authority
issued to a licensed citizen by the Chief
of the PNP which entitles such person to
carry his/her registered or lawfully
issued firearm outside of the residence
for the duration and purpose specified in
the authority.
(z) Permit to transport firearm refers to a
written authority issued to a licensed
citizen or entity by the Chief of the PNP
or by a PNP Regional Director which
entitles such person or entity to
transport a particular firearm from and to
a specific location within the duration
and purpose in the authority.
(aa) Residence refers to the place or
places of abode of the licensed citizen
as indicated in his/her license.
(bb) Shooting range  refers to a facility
established for the purpose of firearms
training and skills development, firearm
testing, as well as for sports and
competition shooting either for the
exclusive use of its members or open to
the general public, duly registered with
and accredited in good standing by the
FEO of the PNP.
(cc) Short certificate of
registration refers to a certificate issued
by the FEO of the PNP for a government
official or employee who was issued by
his/her employer department, agency or
government-owned or -controlled
corporation a firearm covered by the
long certificate of registration.
(dd) Small arms  refer to firearms
intended to be or primarily designed for
individual use or that which is generally
considered to mean a weapon intended
to be fired from the hand or shoulder,
which are not capable of fully automatic
bursts of discharge, such as:
(1) Handgun which is a firearm
intended to be fired from the
hand, which includes:
(i) A pistol which is a
hand-operated firearm
having a chamber
integral with or
permanently aligned
with the bore which may
be self-loading; and
 (ii) Revolver which is a
hand-operated firearm
with a revolving cylinder
containing chambers for
individual cartridges.
(2) Rifle which is a shoulder
firearm or designed to be fired
from the shoulder that can
discharge a bullet through a
rifled barrel by different actions
of loading, which may be
classified as lever, bolt, or self-
loading; and
(3) Shotgun which is a weapon
designed, made and intended to
fire a number of ball shots or a
single projectile through a
smooth bore by the action or
energy from burning
gunpowder.
(ee) Sports shooting competition refers
to a defensive, precision or practical
sport shooting competition duly
authorized by the FEO of the PNP.
(ff) Tampered, obliterated  or altered
firearm  refers to any firearm whose
serial number or other identification or
ballistics characteristics have been
intentionally tampered with, obliterated
or altered without authority or in order to
conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a
battery operated, uncooled thermal
imaging device which amplifies available
thermal signatures so that the viewed
scene becomes clear to the operator
which is used to locate and engage
targets during daylight and from low light
to total darkness and operates in
adverse conditions such as light rain,
light snow, and dry smoke or in
conjunction with other optical and red
dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF
FIREARMS
Section 4. Standards and Requisites for
Issuance of and Obtaining a License to Own
and Possess Firearms. – In order to qualify and
acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must
be a Filipino citizen, at least twenty-one (21)
years old and has gainful work, occupation or
business or has filed an Income Tax Return
(ITR) for the preceding year as proof of income,
profession, business or occupation.
In addition, the applicant shall submit the
following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been
convicted of any crime involving moral
turpitude;
(b) The applicant has passed the
psychiatric test administered by a PNP-
accredited psychologist or psychiatrist;
(c) The applicant has passed the drug
test conducted by an accredited and
authorized drug testing laboratory or
clinic;
(d) The applicant has passed a gun
safety seminar which is administered by
the PNP or a registered and authorized
gun club;
(e) The applicant has filed in writing the
application to possess a registered
firearm which shall state the personal
circumstances of the applicant;
(f) The applicant must present a police
clearance from the city or municipality
police office; and
(g) The applicant has not been
convicted or is currently an accused in a
pending criminal case before any court
of law for a crime that is punishable with
a penalty of more than two (2) years.
For purposes of this Act, an acquittal or
permanent dismissal of a criminal case before
the courts of law shall qualify the accused
thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing
fees as may be provided in the implementing
rules and regulations of this Act.
An applicant who intends to possess a firearm
owned by a juridical entity shall submit his/her
duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and
Ammunition by a Juridical Entity. – A juridical
person maintaining its own security force may be
issued a regular license to own and possess
firearms and ammunition under the following
conditions:
(a) It must be Filipino-owned and duly
registered with the Securities and
Exchange Commission (SEC);
(b) It is current, operational and a
continuing concern;
(c) It has completed and submitted all its
reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the
year, as duly certified by the Bureau of
Internal Revenue.
The application shall be made in the name of the
juridical person represented by its President or
any of its officers mentioned below as duly
authorized in a board resolution to that
effect: Provided, That the officer applying for the
juridical entity, shall possess all the qualifications
required of a citizen applying for a license to
possess firearms.
Other corporate officers eligible to represent the
juridical person are: the vice president,
treasurer, and board secretary.
Security agencies and LGUs shall be included in
this category of licensed holders but shall be
subject to additional requirements as may be
required by the Chief of the PNP.
Section 6. Ownership of Firearms by the
National Government. – All firearms owned by
the National Government shall be registered with
the FEO of the PNP in the name of the Republic
of the Philippines. Such registration shall be
exempt from all duties and taxes that may
otherwise be levied on other authorized owners
of firearms. For reason of national security,
firearms of the Armed Forces of the Philippines
(AFP), Coast Guard and other law enforcement
agencies shall only be reported to the FEO of
the PNP.
Section 7. Carrying of Firearms Outside of
Residence or Place of Business. – A permit to
carry firearms outside of residence shall be
issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person
whose life is under actual threat or his/her life is
in imminent danger due to the nature of his/her
profession, occupation or business.
It shall be the burden of the applicant to prove
that his/her life is under actual threat by
submitting a threat assessment certificate from
the PNP.
For purposes of this Act, the following
professionals are considered to be in imminent
danger due to the nature of their profession,
occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of
their business or undertaking, are
exposed to high risk of being targets of
criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. – The
Chief of the PNP, through the FEO of the PNP,
shall issue licenses to qualified individuals and
to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. –
Subject to the requirements set forth in this Act
and payment of required fees to be determined
by the Chief of the PNP, a qualified individual
may be issued the appropriate license under the
following categories;
Type 1 license – allows a citizen to own
and possess a maximum of two (2)
registered firearms;
Type 2 license – allows a citizen to own
and possess a maximum of five (5)
registered firearms;
Type 3 license – allows a citizen to own
and possess a maximum of ten (10)
registered firearms;
Type 4 license – allows a citizen to own
and possess a maximum of fifteen (15)
registered firearms; and
Type 5 license – allows a citizen, who is
a certified gun collector, to own and
possess more than fifteen (15)
registered firearms.
For Types 1 to 5 licenses, a vault or a container
secured by lock and key or other security
measures for the safekeeping of firearms shall
be required.
For Types 3 to 5 licenses, the citizen must
comply with the inspection and bond
requirements.
Section 10. Firearms That May Be
Registered. – Only small arms may be
registered by licensed citizens or licensed
juridical entities for ownership, possession and
concealed carry. A light weapon shall be lawfully
acquired or possessed exclusively by the AFP,
the PNP and other law enforcement agencies
authorized by the President in the performance
of their duties: Provided, That private individuals
who already have licenses to possess Class-A
light weapons upon the effectivity of this Act
shall not be deprived of the privilege to continue
possessing the same and renewing the licenses
therefor, for the sole reason that these firearms
are Class "A" light weapons, and shall be
required to comply with other applicable
provisions of this Act.
Section 11. Registration of Firearms. – The
licensed citizen or licensed juridical entity shall
register his/her/its firearms so purchased with
the FEO of the PNP in accordance with the type
of license such licensed citizen or licensed
juridical entity possesses. A certificate of
registration of the firearm shall be issued upon
payment of reasonable fees.
For purposes of this Act, registration refers to
the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP
in accordance with the type of license issued to
any person under Section 9 of this Act.
Section 12. License to Possess Ammunition
Necessarily Included. – The licenses granted to
qualified citizens or juridical entities as provided
in Section 9 of this Act shall include the license
to possess ammunition with a maximum of fifty
(50) rounds for each registered
firearm: Provided; That the FEO of the PNP may
allow more ammunition to be possessed by
licensed sports shooters.
Section 13. Issuance of License to Manufacture
or Deal In Firearms and Ammunition. – Any
person desiring to manufacture or deal in
firearms, parts of firearms or ammunition
thereof, or instruments and implements used or
intended to be used in the manufacture of
firearms, parts of firearms or ammunition, shall
make an application to:
(a) The Secretary of the Department of
the Interior and Local Government
(DILG) in the case of an application for a
license to manufacture; and
(b) The Chief of the PNP in the case of a
license to deal in firearms and firearms
parts, ammunition and gun repair.
The applicant shall state the amount of
capitalization for manufacture or cost of the
purchase and sale of said articles intended to be
transacted by such applicant; and the types of
firms, ammunition or implements which the
applicant intends to manufacture or purchase
and sell under the license applied for; and such
additional information as may be especially
requested by the Secretary of the DILG or the
Chief of the PNP.
The Secretary of the DILG or the Chief of the
PNP may approve or disapprove such
application based on the prescribed guidelines.
In the case of approval, the Secretary of the
DILG or the Chief of the PNP shall indicate the
amount of the bond to be executed by the
applicant before the issuance of the license and
the period of time by which said license shall be
effective, unless sooner revoked by their
authority.
Upon approval of the license to manufacture or
otherwise deal in firearms by the Secretary of
the DILG or the Chief of the PNP as the case
may be, the same shall be transmitted to the
FEO of the PNP which shall issue the license in
accordance with the approved terms and
conditions, upon the execution and delivery by
the applicant of the required bond conditioned
upon the faithful compliance on the part of the
licensee to the laws and regulations relative to
the business licensed.
Section 14. Scope of License to Manufacture
Firearms and Ammunition. – The scope of the
License to Manufacture firearms and
ammunition shall also include the following:
(a) The authority to manufacture and
assemble firearms, ammunition, spare
parts and accessories, ammunition
components, and reloading of
ammunitions, within sites, areas, and
factories stated therein. The Secretary
of the DILG shall approve such license;
(b) The license to deal in or sell all the
items covered by the License to
Manufacture, such as parts, firearms or
ammunition and components;
(c) The authority to subcontract the
manufacturing of parts and accessories
necessary for the firearms which the
manufacturer is licensed to
manufacture: Provided,  That the
subcontractor of major parts or major
components is also licensed to
manufacture firearms and ammunition;
and
(d) The authority to import machinery,
equipment, and firearm parts and
ammunition components for the
manufacture thereof. Firearm parts and
ammunition components to be imported
shall, however, be limited to those
authorized to be manufactured as
reflected in the approved License to
Manufacture. The Import Permit shall be
under the administration of the PNP.
A licensed manufacturer of ammunition is also
entitled to import various reference firearms
needed to test the ammunition manufactured
under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is
entitled to import various firearms for reference,
test and evaluation for manufacture of similar,
types of firearms covered by the License to
Manufacture.
An export permit shall, however, be necessary to
export manufactured parts or finished products
of firearms and ammunition. The Export Permit
of firearms and ammunition shall be under the
administration of the PNP.
Section 15. Registration of Locally
Manufactured and Imported Firearms. – Local
manufacturers and importers of firearms and
major parts thereof shall register the same as
follows:
(a) For locally manufactured firearms
and major parts thereof, the initial
registration shall be done at the
manufacturing facility: Provided, That
firearms intended for export shall no
longer be subjected to ballistic
identification procedures; and
(b) For imported firearms and major
parts thereof, the registration shall be
done upon arrival at the FEO of the PNP
storage facility.
Section 16. License and Scope of License to
Deal. – The License to Deal authorizes the
purchase, sale and general business in handling
firearms and ammunition, major and minor parts
of firearms, accessories, spare parts,
components, and reloading machines, which
shall be issued by the Chief of the PNP.
Section 17. License and Scope of License for
Gunsmiths. – The license for gunsmiths shall
allow the grantee to repair registered firearms.
The license shall include customization of
firearms from finished or manufactured parts
thereof on per order basis and not in commercial
quantities and making the minor parts thereof,
i.e. pins, triggers, trigger bows, sights and the
like only for the purpose of repairing the
registered firearm. The license for gunsmiths
shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and
Competitions. – A qualified individual shall apply
for a permit to transport his/her registered
firearm/s from his/her residence to the firing
range/s and competition sites as may be
warranted.
Section 19. Renewal of Licenses and
Registration. – All types of licenses to possess a
firearm shall be renewed every two (2) years.
Failure to renew the license on or before the
date of its expiration shall cause the revocation
of the license and of the registration of the
firearm/s under said licensee.
The registration of the firearm shall be renewed
every four (4) years. Failure to renew the
registration of the firearm on or before the date
of expiration shall cause the revocation of the
license of the firearm. The said firearm shall be
confiscated or forfeited in favor of the
government after due process.
The failure to renew a license or registration
within the periods stated above on two (2)
occasions shall cause the holder of the firearm
to be perpetually disqualified from applying for
any firearm license. The application for the
renewal of the license or registration may be
submitted to the FEO of the PNP, within six (6)
months before the date of the expiration of such
license or registration.
Section 20. Inspection and Inventory. – The
Chief of the PNP or his/her authorized
representative shall require the submission of
reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or
importer of firearms and ammunition during
reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS,
ABANDONED, DEMILITARIZED AND
ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of
Firearms and Ammunition. – Firearms and
ammunition may only be acquired or purchased
from authorized dealers, importers or local
manufacturers and may be transferred or sold
only from a licensed citizen or licensed juridical
entity to another licensed citizen or licensed
juridical entity: Provided,  That, during election
periods, the sale and registration of firearms and
ammunition and the issuance of the
corresponding licenses to citizens shall be
allowed on the condition that the transport or
delivery thereof shall strictly comply with the
issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons
Arriving From Abroad. – A person arriving in the
Philippines who is legally in possession of any
firearm or ammunition in his/her country of origin
and who has declared the existence of the
firearm upon embarkation and disembarkation
but whose firearm is not registered in the
Philippines in accordance with this Act shall
deposit the same upon written receipt with the
Collector of Customs for delivery to the FEO of
the PNP for safekeeping, or for the issuance of a
permit to transport if the person is a competitor
in a sports shooting competition. If the
importation of the same is allowed and the party
in question desires to obtain a domestic firearm
license, the same should be undertaken in
accordance with the provisions of this Act. If no
license is desired or leave to import is not
granted, the firearm or ammunition in question
shall remain in the custody of the FEO of the
PNP until otherwise disposed of in-accordance
with law.
Section 23. Return of Firearms to Owner upon
Departure from the Philippines. – Upon the
departure from the Philippines of any person
whose firearm or ammunition is in the custody of
the FEO of the PNP, the same shall, upon timely
request, be delivered to the person through the
Collector of Customs. In the case of a participant
in a local sports shooting competition, the
firearm must be presented to the Collector of
Customs before the same is allowed to be
loaded on board the carrier on which the person
is to board.
Section 24. Safekeeping of Firearms and
Ammunition. – Any licensee may deposit a
registered firearm to the FEO of the PNP, or any
Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
Section 25. Abandoned Firearms and
Ammunition. – Any firearm or ammunition
deposited in the custody of the FEO of the PNP
pursuant to the provisions of this Act, shall be
deemed to have been abandoned by the owner
or his/her authorized representative if he/she
failed to reclaim the same within five (5) years or
failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after
compliance with established procedures.
Section 26. Death or Disability of Licensee. –
Upon the death or legal disability of the holder of
a firearm license, it shall be the duty of his/her
next of kin, nearest relative, legal representative,
or other person who shall knowingly come into
possession of such firearm or ammunition, to
deliver the same to the FEO of the PNP or
Police Regional Office, and such firearm or
ammunition shall be retained by the police
custodian pending the issuance of a license and
its registration in accordance, with this Act. The
failure to deliver the firearm or ammunition within
six (6) months after the death or legal disability
of the licensee shall render the possessor liable
for illegal possession of the firearm.
Section 27. Antique Firearm. – Any person who
possesses an antique firearm shall register the
same and secure a collector’s license from the
FEO of the PNP. Proper storage of antique
firearm shall be strictly imposed. Noncompliance
of this provision shall be considered as illegal
possession of the firearm as penalized in this
Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession
of Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and
ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its
medium period shall be imposed upon
any person who shall unlawfully acquire
or possess a small arm;
(b) The penalty of reclusion
temporal  to reclusion perpetua shall be
imposed if three (3) or more small arms
or Class-A light weapons are unlawfully
acquired or possessed by any person;
(c) The penalty of prision mayor  in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess a Class-A light weapon;
(d) The penalty of reclusion
perpetua shall be imposed upon any
person who shall, unlawfully acquire or
possess a Class-B light weapon;
(e) The penalty of one (1) degree higher
than that provided in paragraphs (a) to
(c) in this section shall be imposed upon
any person who shall unlawfully possess
any firearm under any or combination of
the following conditions:
(1) Loaded with ammunition or
inserted with a loaded
magazine;
(2) Fitted or mounted with laser
or any gadget used to guide the
shooter to hit the target such as
thermal weapon sight (TWS)
and the like;
(3) Fitted or mounted with sniper
scopes, firearm muffler or
firearm silencer;
(4) Accompanied with an extra
barrel; and
(5) Converted to be capable of
firing full automatic bursts.
(f) The penalty of prision mayor in its
minimum period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a small arm;
(g) The penalty of prision mayor  in its
minimum period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a small arm
or Class-A light weapon. If the violation
of this paragraph is committed by the
 same person charged with the unlawful
acquisition or possession of a small arm,
the former violation shall be absorbed by
the latter;
(h) The penalty of prision mayor in its
medium period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a Class-A
light weapon;
(i) The penalty of prision mayor  in its
medium period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a Class-A
light weapon. If the violation of this
paragraph is committed by the same
person charged with the unlawful
acquisition or possession of a Class-A
light weapon, the former violation shall
be absorbed by the latter;
(j) The penalty of prision mayor  in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a Class-B
light weapon; and
(k) The penalty of prision mayor  in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a Class-B
light weapon. If the violation of this
paragraph is committed by the same
person charged with the unlawful
acquisition or possession of a Class-B
light weapon, the former violation shall
be absorbed by the latter.
Section 29. Use of Loose Firearm in the
Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a
crime punishable under the Revised Penal Code
or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the
crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty
which is lower than that prescribed in the
preceding section for illegal possession of
firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for
the crime charged: Provided, further,  That if the
crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty
which is equal to that imposed under the
preceding section for illegal possession of
firearms, the penalty of prision mayor  in its
minimum period shall be imposed in addition to
the penalty for the crime punishable under the
Revised Penal Code or other special laws of
which he/she is found guilty.
If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’
etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection,
or attempted coup d’ etat.
If the crime is committed by the person without
using the loose firearm, the violation of this Act
shall be considered as a distinct and separate
offense.
Section 30. Liability of Juridical Person. – The
penalty of prision mayor in its minimum
to prision mayor in its medium period shall be
imposed upon the owner, president, manager,
director or other responsible officer of/any public
or private firm, company, corporation or entity
who shall willfully or knowingly allow any of the
firearms owned by such firm, company,
corporation or entity to be used by any person or
persons found guilty of violating the provisions of
the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or
firearms without any legal authority to be carried
outside of their residence in the course of their
employment.
Section 31. Absence of Permit to Carry Outside
of Residence. – The penalty of prision
correccional  and a fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any person
who is licensed to own a firearm but who shall
carry the registered firearm outside his/her
residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation,
Sale or Disposition of Firearms or Ammunition
or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture
of Firearms, Ammunition or Parts Thereof. – The
penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person
who shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument
used or intended to be used by the same person
in the manufacture of a firearm, ammunition, or a
major part thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by
any person whose business, employment or
activity does not lawfully deal with the
possession of such article, shall be prima
facie  evidence that such article is intended to be
used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum
period to prision mayor  in its medium period
shall be imposed upon any laborer, worker or
employee of a licensed firearms dealer who shall
unlawfully take, sell or otherwise dispose of
parts of firearms or ammunition which the
company manufactures and sells, and other
materials used by the company in the
manufacture or sale of firearms or ammunition.
The buyer or possessor of such stolen part or
material, who is aware that such part or material
was stolen, shall suffer the same penalty as the
laborer, worker or employee.
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for in this
section shall be imposed upon the directors,
officers, employees or other officials or persons
therein who knowingly and willingly participated
in the unlawful act.
Section 33. Arms Smuggling. – The penalty
of reclusion perpetua  shall be imposed upon any
person who shall engage or participate in arms
smuggling as defined in this Act.
Section 34. Tampering, Obliteration or
Alteration of Firearms Identification. – The
penalty of prision correccional  to prision
mayor  in its minimum period shall be imposed
upon any person who shall tamper, obliterate or
alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of
any firearm, or who shall replace without
authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including its individual
or peculiar identifying characteristics essential in
forensic examination of a firearm or light
weapon.
The PNP shall place this information, including
its individual or peculiar identifying
characteristics into the database of integrated
firearms identification system of the PNP Crime
Laboratory for future use and identification of a
particular firearm.
Section 35. Use of an Imitation Firearm. – An
imitation firearm used in the commission of a
crime shall be considered a real firearm as
defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act: Provided,  That injuries
caused on the occasion of the conduct of
competitions, sports, games, or any recreation
activities involving imitation firearms shall not be
punishable under this Act.
Section 36. In Custodia Legis. – During the
pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts thereof,
machinery, tools or instruments shall remain in
the custody of the court. If the court decides that
it has no adequate means to safely keep the
same, the court shall issue an order to turn over
to the PNP Crime Laboratory such firearm,
ammunition, or parts thereof, machinery, tools or
instruments in its custody during the pendency
of the case and to produce the same to the court
when so ordered. No bond shall be admitted for
the release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any
violation of this paragraph shall be punishable
by prision mayor in its minimum period to prision
mayor  in its medium period.
Section 37. Confiscation and Forfeiture. – The
imposition of penalty for any violation of this Act
shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which
shall be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. –
The penalty of prision mayor in its maximum
period shall be imposed upon any person who
shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any
overt or covert act, any firearm, or ammunition,
or parts thereof in the person, house, effects, or
in the immediate vicinity of an innocent individual
for the purpose of implicating or incriminating the
person, or imputing the commission of any
violation of the provisions of this Act to said
individual. If the person found guilty under this
paragraph is a public officer or employee, such
person shall suffer the penalty of reclusion
perpetua.
Section 39. Grounds for Revocation,
Cancellation or Suspension of License or
Permit. – The Chief of the PNP or his/her
authorized representative may revoke, cancel or
suspend a license or permit on the following
grounds:
(a) Commission of a crime or offense
involving the firearm, ammunition, of
major parts thereof;
(b) Conviction of a crime involving moral
turpitude or any offense where the
penalty carries an imprisonment of more
than six (6) years;
(c) Loss of the firearm, ammunition, or
any parts thereof through negligence;
(d) Carrying of the firearm, ammunition,
or major parts thereof outside of
residence or workplace without, the
proper permit to carry the same;
(e) Carrying of the firearm, ammunition,
or major parts thereof in prohibited
places;
(f) Dismissal for cause from the service
in case of government official and
employee;
(g) Commission of any of the acts
penalized under Republic Act No. 9165,
otherwise known as the
"Comprehensive Dangerous Drugs Act
of 2002″;
(h) Submission of falsified documents or
misrepresentation in the application to
obtain a license or permit;
(i) Noncompliance of reportorial
requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen
Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed
upon any licensed firearm holder who fails to
report to the FEO of the PNP that the subject
firearm has been lost or stolen within a period of
thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos
(P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes
residence or office address other than that
indicated in the license card and fails within a
period of thirty (30) days from said transfer to
notify the FEO of the PNP of such change of
address.
Section 41. Illegal Transfer/Registration of
Firearms. – It shall be unlawful to transfer
possession of any firearm to any person who
has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional  shall be
imposed upon any person who shall violate the
provision of the preceding paragraph. In
addition, he/she shall be disqualified to apply for
a license to possess other firearms and all
his/her existing firearms licenses whether for
purposes of commerce or possession, shall be
revoked. If government-issued firearms,
ammunition or major parts of firearms or light
weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or
public officer to private individuals, the penalty
of reclusion temporal shall be imposed.
Any public officer or employee or any person
who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer
the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. – The FEO of
the PNP shall be the sole repository of all
firearms records to include imported and locally
manufactured firearms and ammunition. Within
one (1) year upon approval of this Act, all
military and law enforcement agencies,
government agencies, LGUs and government-
owned or -controlled corporations shall submit
an inventory of all their firearms and ammunition
to the PNP.
Section 43. Final Amnesty. – Persons in
possession of unregistered firearms and holders
of expired license or unregistered firearms shall
register and renew the same through the Final
General Amnesty within six (6) months from the
promulgation of the implementing rules and
regulations of this Act. During the interim period
of six (6) months, no person applying for license
shall be charged of any delinquent payment
accruing to the firearm subject for registration.
The PNP shall conduct an intensive nationwide
campaign to ensure that the general public is
properly informed of the provisions of this Act.
Section 44. Implementing Rules and
Regulations. – Within one hundred twenty (120)
days from the effectivity of this Act, the Chief of
the PNP, after public hearings and consultation
with concerned sectors of society shall formulate
the necessary rules and regulations for the
effective implementation of this Act to be
published in at least two (2) national newspapers
of general circulation.
Section 45. Repealing Clause. – This Act
repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of
Republic Act No. 8294 and all other laws,
executive orders, letters of instruction,
issuances, circulars, administrative orders, rules
or regulations that are inconsistent herewith.
Section 46. Separability Clause. – If any
provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the
law or the provision not otherwise affected shall
remain valid and subsisting.
Section 47. Effectivity. – This Act shall take
effect after fifteen (15) days from its publication
in a newspaper of nationwide circulation.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Ad shall be known
as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby
declared the policy of the State:
(a) To value the dignity of every human
person and guarantee full respect for
human rights;
(b) To ensure that the human rights of
all persons, including suspects,
detainees and prisoners are respected
at all times; and that no person placed
under investigation or held in custody of
any person in authority or, agent of a
person authority shall be subjected to
physical, psychological or mental harm,
force, violence, threat or intimidation or
any act that impairs his/her free wi11 or
in any manner demeans or degrades
human dignity;
(c) To ensure that secret detention
places, solitary, incommunicado or other
similar forms of detention, where torture
may be carried out with impunity, are
prohibited; and
(d) To fully adhere to the principles and
standards on the absolute
condemnation and prohibition of torture
as provided for in the 1987 Philippine
Constitution; various international
instruments to which the Philippines is a
State party such as, but not limited to,
the International Covenant on Civil and
Political Rights (ICCPR), the Convention
on the Rights of the Child (CRC), the
Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDA W) and the Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
(CAT); and all other relevant
international human rights instruments
to which the Philippines is a signatory.
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.
(c) "Victim" refers to the person
subjected to torture or other cruel,
inhuman and degrading treatment or
punishment as defined above and any
individual who has suffered harm as a
result of any act(s) of torture, or other
cruel, inhuman and degrading treatment
or punishment.
(d) "Order of Battle" refers to any
document or determination made by the
military, police or any law enforcement
agency of the government, listing the
names of persons and organizations
that it perceives to be enemies of the
State and that it considers as legitimate
targets as combatants that it could deal
with, through the use of means allowed
by domestic and international law.
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.
Section 6. Freedom from Torture and Other
Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and
other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all
circumstances. A state of war or a threat of war,
internal political instability, or any other public
emergency, or a document or any determination
comprising an "order of battle" shall not and can
never be invoked as a justification for torture and
other cruel, inhuman and degrading treatment or
punishment.
Section 7. Prohibited Detention. - Secret
detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out with
impunity. Are hereby prohibited.
In which case, the Philippine National Police
(PNP), the Armed Forces of the Philippines
(AFP) and other law enforcement. agencies
concerned shall make an updated list of all
detention centers and facilities under their
respective jurisdictions with the corresponding
data on the prisoners or detainees incarcerated
or detained therein such as, among others,
names, date of arrest and incarceration, and the
crime or offense committed. This list shall be
made available to the public at all times, with a
copy of the complete list available at the
respective national headquarters of the PNP and
AFP. A copy of the complete list shall likewise
be submitted by the PNP, AFP and all other law
enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first
five (5) days of every month at the minimum.
Every regional office of the PNP, AFP and other
law enforcement agencies shall also maintain a
similar list far all detainees and detention
facilities within their respective areas, and shall
make the same available to the public at all
times at their respective regional headquarters,
and submit a copy. updated in the same manner
provided above, to the respective regional
offices of the CHR.
Section 8. Applicability of the Exclusionary
Rule; Exception. - Any confession, admission or
statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings,
except if the same is used as evidence against a
person or persons accused of committing
torture.
Section 9. Institutional Protection of Torture
Victims and Other Persons Involved. - A victim
of torture shall have the following rights in the
institution of a criminal complaint for torture:
(a) To have a prompt and an impartial
investigation by the CHR and by
agencies of government concerned such
as the Department of Justice (DOJ), the
Public Attorney's Office (PAO), the PNP,
the National Bureau of Investigation
(NBI) and the AFP. A prompt
investigation shall mean a maximum
period of sixty (60) working days from
the time a complaint for torture is filed
within which an investigation report
and/or resolution shall be completed and
made available. An appeal whenever
available shall be resolved within the
same period prescribed herein,
(b) To have sufficient government
protection against all forms of
harassment; threat and/or intimidation
as a consequence of the filing of said
complaint or the presentation of
evidence therefor. In which case, the
State through its appropriate agencies
shall afford security in order to ensure
his/her safety and all other persons
involved in the investigation and
prosecution such as, but not limited to,
his/her lawyer, witnesses and relatives;
and
(c) To be accorded sufficient protection
in the manner by which he/she testifies
and presents evidence in any fora in
order to avoid further trauma.
Section 10. Disposition of Writs of Habeas
Corpus, Amparo and Habeas Data Proceedings
and Compliance with a Judicial 07'der. - A writ of
habeas corpus or writ of amparo or writ of
habeas data proceeding, if any, filed on behalf of
the victim of torture or other cruel, degrading and
inhuman treatment or punishment shall be
disposed of expeditiously and any order of
release by virtue thereof, or other appropriate
order of a court relative thereto, shall be
executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. -
The CHR and the PAO shall render legal
assistance in the investigation and monitoring
and/or filing of the complaint for a person who
suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any
interested party thereto.
The victim or interested party may also seek
legal assistance from the Barangay Human
Rights Action Center (BRRAC) nearest him/her
as well as from human rights nongovernment
organizations (NGOs).
Section 12. Right to' Physical, Medical and
Psychological Examination. - Before and after
interrogation, every person arrested, detained or
under custodial investigation shall have the right
to he informed of his/her right to demand
physical examination by an independent and
competent doctor of his/her own choice. If such
person cannot afford the services of his/her own
doctor, he/she shall he provided by the State
with a competent and independent doctor to
conduct physical examination. The State shall
endeavor to provide the victim with
psychological evaluation if available under the
circumstances. If the person arrested is a
female, she shall be attended to preferably by a
female doctor. Furthermore, any person
arrested, detained or under custodial
investigation, including his/her immediate family,
shall have the right to immediate access to
proper and adequate medical treatment. The
physical examination and/or psychological
evaluation of the victim shall be contained in a
medical report, duly signed by the attending
physician, which shall include in detail his/her
medical history and findings, and which shall he
attached to the custodial investigation report.
Such report shall be considered a public
document.
Following applicable protocol agreed upon by
agencies tasked to conduct physical,
psychological and mental examinations, the
medical reports shall, among others, include:
(a) The name, age and address of the
patient or victim;
(b) The name and address of the
nearest kin of the patient or victim;
(c) The name and address of the person
who brought the patient or victim for
physical, psychological and mental
examination, and/or medical treatment;
(d) The nature and probable cause of
the patient or victim's injury, pain and
disease and/or trauma;
(e) The approximate time and date when
the injury, pain, disease and/or trauma
was/were sustained;
(f) The place where the injury, pain,
disease and/or trauma was/were
sustained;
(g) The time, date and nature of
treatment necessary; and
(h) The diagnosis, the prognosis and/or
disposition of the patient.
Any person who does not wish to avail of the
rights under this pr<;lvision may knowingly and
voluntarily waive such rights in writing, executed
in the presence and assistance of his/her
counsel.
Section 13. Who are Criminally Liable. - Any
person who actually participated Or induced
another in the commission of torture or other
cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution
of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement
officer or senior government official who issued
an order to any lower ranking personnel to
commit torture for whatever purpose shall be
held equally liable as principals.
The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
public official of the PNP and other law
enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment
for any act or omission, or negligence committed
by him/her that shall have led, assisted, abetted
or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If
he/she has knowledge of or, owing to the
circumstances at the time, should have known
that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed, is being committed, or has been
committed by his/her subordinates or by others
within his/her area of responsibility and, despite
such knowledge, did not take preventive or
corrective action either before, during or
immediately after its commission, when he/she
has the authority to prevent or investigate
allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to
prevent or investigate allegations of such act,
whether deliberately or due to negligence shall
also be liable as principals.
Any public officer or employee shall be liable as
an accessory if he/she has knowledge that
torture or other cruel, inhuman and degrading
treatment or punishment is being committed and
without having participated therein, either as
principal or accomplice, takes part subsequent
to its commission in any of the following manner:
(a) By themselves profiting from or
assisting the offender to profit from the
effects of the act of torture or other
cruel, inhuman and degrading treatment
or punishment;
(b) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or
destroying the effects or instruments
thereof in order to prevent its discovery;
or(c) By harboring, concealing or
assisting m the escape of the principal/s
in the act of torture or other cruel,
inhuman and degrading treatment or
punishment: Provided, That the
accessory acts are done with the abuse
of the official's public functions.
Section 14. Penalties. - (a) The penalty of
reclusion perpetua shall be imposed upon the
perpetrators of the following acts:
(1) Torture resulting in the death
of any person;
(2) Torture resulting in
mutilation;
(3) Torture with rape;
(4) Torture with other forms of
sexual abuse and, in
consequence of torture, the
victim shall have become
insane, imbecile, impotent, blind
or maimed for life; and
(5) Torture committed against
children.
(b) The penalty of reclusion temporal
shall be imposed on those who commit
any act of mental/psychological torture
resulting in insanity, complete or partial
amnesia, fear of becoming insane or
suicidal tendencies of the victim due to
guilt, worthlessness or shame.
(c) The penalty of prision correccional
shall be imposed on those who commit
any act of torture resulting in
psychological, mental and emotional
harm other than those described 1n
paragraph (b) of this section. '
(d) The penalty of prision mayor in its
medium and maximum periods shall be
imposed if, in consequence of torture,
the victim shall have lost the power of
speech or the power to hear or to smell;
or shall have lost an eye, a hand, a foot,
an arm or a leg; or shall have lost the
use of any such member; Or shall have
become permanently incapacitated for
labor.
(e) The penalty of prision mayor in its
minimum and medium periods shall be
imposed if, in consequence of torture,
the victim shall have become deformed
or shall have lost any part of his/her
body other than those aforecited, or
shall have lost the use thereof, or shall
have been ill or incapacitated for labor
for a period of more than ninety (90)
days.
(f) The penalty of prision correccional in
its maximum period to prision mayor in
its minimum period shall be imposed if,
in consequence of torture, the victim
shall have been ill or incapacitated for
labor for mare than thirty (30) days but
not more than ninety (90) days.
(g) The penalty of prision correccional in
its minimum and medium period shall be
imposed if, in consequence of torture,
the victim shall have been ill or
incapacitated for labor for thirty (30)
days or less.
 (h) The penalty of arresto mayor shall be
imposed for acts constituting cruel,
inhuman or degrading treatment or
punishment as defined in Section 5 of
this Act.
(i) The penalty of prision correccional
shall be imposed upon those who
establish, operate and maintain secret
detention places and/or effect or cause
to effect solitary confinement,
incommunicado or other similar forms of
prohibited detention as provided in
Section 7 of this Act where torture may
be carried out with impunity.
(j) The penalty of arresto mayor shall be
imposed upon the responsible officers or
personnel of the AFP, the PNP and
other law enforcement agencies for
failure to perform his/her duty to
maintain, submit or make available to
the public an updated list of detention
centers and facilities with the
corresponding data on the prisoners or
detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and
Independent Crime. - Torture as a crime shall
not absorb or shall not be absorbed by any other
crime or felony committed as a consequence, or
as a means in the conduct or commission
thereof. In which case, torture shall be treated as
a separate and independent criminal act whose
penalties shall be imposable without prejudice to
any other criminal liability provided for by
domestic and international laws.
Section 16. Exclusion from the Coverage of
Special Amnesty Law. - In order not to
depreciate the crime of torture, persons who
have committed any act of torture shall not
benefit from any special amnesty law or similar
measures that will have the effect of exempting
them from any criminal proceedings and
sanctions.
Section 17. Applicability of Refouler. - No
person shall be expelled, returned or extradited
to another State where there are substantial
grounds to believe that such person shall be in
danger of being subjected to torture. For the
purposes of determining whether such grounds
exist, the Secretary of the Department of Foreign
Affairs (DFA) and the Secretary of the DOJ, in
coordination with the Chairperson of the CHR,
shall take into account all relevant
considerations including, where applicable and
not limited to, the existence in the requesting
State of a consistent pattern of gross, flagrant or
mass violations of human rights.
Section 18. Compensation to Victims of
Torture. - Any person who has suffered torture
shall have the right to claim for compensation as
provided for under Republic Act No. 7309:
Provided, That in no case shall compensation be
any lower than Ten thousand pesos
(P10,000.00). Victims of torture shall also have
the right to claim for compensation from such
other financial relief programs that may be made
available to him/her under existing law and rules
and regulations.
Section 19. Formulation of a Rehabilitation
Program. - Within one (1) year from the
effectivity of this Act, the Department of Social
Welfare and Development (DSWD), the DOJ
and the Department of Health (DOH) and such
other concerned government agencies, and
human rights organizations shall formulate a
comprehensive rehabilitation program for victims
of torture and their families. The DSWD, the
DOJ and thc DOH shall also call on human
rights nongovernment organizations duly
recognized by the government to actively
participate in the formulation of such program
that shall provide for the physical, mental, social,
psychological healing and development of
victims of torture and their families. Toward the
attainment of restorative justice, a parallel
rehabilitation program for persons who have
committed torture and other cruel, inhuman and
degrading punishment shall likewise be
formulated by the same agencies.
Section 20. Monitoring of Compliance with this
Act. - An Oversight Committee is hereby created
to periodically oversee the implementation of this
Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as
members: the Chairperson of the Senate
Committee on Justice and Human Rights, the
respective Chairpersons of the House of
Representatives' Committees on Justice and
Human Rights, and the Minority Leaders of both
houses or their respective representatives in the
minority.
Section 21. Education and Information
Campaign. - The CHR, the DOJ, the Department
of National Defense (DND), the Department of
the Interior and Local Government (DILG) and
such other concerned parties in both the public
and private sectors shall ensure that education
and information regarding prohibition against
torture and other cruel, inhuman and degrading
treatment or punishment shall be fully included
in the training of law enforcement personnel, civil
or military, medical personnel, public officials
and other persons who may be involved in the
custody, interrogation or treatment of any
individual subjected to any form of arrest,
detention or imprisonment. The Department of
Education (DepED) and the Commission on
Higher Education (CHED) shall also ensure the
integration of human rights education courses in
all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal
Code. - The provisions of the Revised Penal
Code insofar as they are applicable shall be
suppletory to this Act. Moreover, if the
commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine
(Crimes Against Personal Liberty and Security)
of the Revised Penal Code is attended by any of
the acts constituting torture and other cruel,
inhuman and degrading treatment or punishment
as defined herein, the penalty to be imposed
shall be in its maximum period.
Section 23. Appropriations. - The amount of
Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial
implementation of tills Act. Thereafter, such
sums as may be necessary for the continued
implementation of this Act shall be included in
the annual General Appropriations Act.
Section 24. Implementing Rules and
Regulations. - The DOJ and the CHR, with the
active participation of human rights
nongovernmental organizations, shall
promulgate the rules and regulations for the
effective implementation of tills Act. They shall
also ensure the full dissemination of such rules
and regulations to all officers and members of
various law enforcement agencies.
Section 25. Separability Clause. - If any
provision of this Act is declared invalid or
unconstitutional, the other provisions not
affected thereby shall continue to be in full force
and effect.
Section 26. Repealing Clause. - All laws,
decrees, executive orders or rules and
regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or
modified accordingly.
Section 27. Effectivity. - This Act shall take
effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers
of general circulation.
PRESIDENTIAL DECREE No. 968 July 24,
1976
ESTABLISHING A PROBATION SYSTEM,
APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
WHEREAS, one of the major goals of the
government is to establish a more enlightened
and humane correctional systems that will
promote the reformation of offenders and
thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders
prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the
financial resources of the country; and
WHEREAS, there is a need to provide a less
costly alternative to the imprisonment of
offenders who are likely to respond to
individualized, community-based treatment
programs;
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by virtue
of the powers vested in me by the Constitution,
do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This
Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those
entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and
three and similar laws.
Section 2. Purpose. This Decree shall be
interpreted so as to:
 (a) promote the correction and
rehabilitation of an offender by providing
him with individualized treatment;
(b) provide an opportunity for the
reformation of a penitent offender which
might be less probable if he were to
serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this
Decree, the following shall, unless the context
otherwise requires, be construed thus:
(a) "Probation" is a disposition under
which a defendant, after conviction and
sentence, is released subject to
conditions imposed by the court and to
the supervision of a probation officer.
(b) "Probationer" means a person
placed on probation.
(c) "Probation Officer" means one who
investigates for the court a referral for
probation or supervises a probationer or
both.
Section 4. Grant of Probation. Subject to the
provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant
and upon application at any time of said
defendant, suspend the execution of said
sentence and place the defendant on probation
for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only.
An application for probation shall be filed with
the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of
conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal.
An order granting or denying probation shall not
be appealable.
Section 5. Post-sentence Investigation. No
person shall be placed on probation except upon
prior investigation by the probation officer and a
determination by the court that the ends of
justice and the best interest of the public as well
as that of the defendant will be served thereby.
Section 6. Form of Investigation Report. The
investigation report to be submitted by the
probation officer under Section 5 hereof shall be
in the form prescribed by the Probation
Administrator and approved by the Secretary of
Justice.
Section 7. Period for Submission of
Investigation Report. The probation officer shall
submit to the court the investigation report on a
defendant not later than sixty days from receipt
of the order of said court to conduct the
investigation. The court shall resolve the petition
for probation not later than five days after receipt
of said report.
Pending submission of the investigation report
and the resolution of the petition, the defendant
may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the
defendant is incapable of filing one, the court
may allow the release of the defendant on
recognize the custody of a responsible member
of the community who shall guarantee his
appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on
Probation. In determining whether an offender
may be placed on probation, the court shall
consider all information relative, to the character,
antecedents, environment, mental and physical
condition of the offender, and available
institutional and community resources. Probation
shall be denied if the court finds that:
(a) the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
(b) there is undue risk that during the
period of probation the offender will
commit another crime; or
(c) probation will depreciate the
seriousness of the offense committed.
Section 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 years;
(b) convicted of any offense against the
security of the State;
(c) who have previously been convicted
by final judgment of an offense punished
by imprisonment of not less than one
month and one day and/or a fine of not
less than Two Hundred Pesos;
(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 11. Effectivity of Probation Order. A
probation order shall take effect upon its
issuance, at which time the court shall inform the
offender of the consequences thereof and
explain that upon his failure to comply with any
of the conditions prescribed in the said order or
his commission of another offense, he shall
serve the penalty imposed for the offense under
which he was placed on probation.
Section 12. Modification of Condition of
Probation. During the period of probation, the
court may, upon application of either the
probationer or the probation officer, revise or
modify the conditions or period of probation. The
court shall notify either the probationer or the
probation officer of the filing such an application
so as to give both parties an opportunity to be
heard thereon.
The court shall inform in writing the probation
officer and the probationer of any change in the
period or conditions of probation.
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.
Section 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
suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to
the offense for which probation was granted.
The probationer and the probation officer shall
each be furnished with a copy of such order.
Section 17. Confidentiality of Records. The
investigation report and the supervision history
of a probationer obtained under this Decree shall
be privileged and shall not be disclosed directly
or indirectly to anyone other than the Probation
Administration or the court concerned, except
that the court, in its discretion, may permit the
probationer of his attorney to inspect the
aforementioned documents or parts thereof
whenever the best interest of the probationer
make such disclosure desirable or helpful:
Provided, Further, That, any government office
or agency engaged in the correction or
rehabilitation of offenders may, if necessary,
obtain copies of said documents for its official
use from the proper court or the Administration.
Section 18. The Probation Administration. There
is hereby created under the Department of
Justice an agency to be known as the Probation
Administration herein referred to as the
Administration, which shall exercise general
supervision over all probationers.
The Administration shall have such staff,
operating units and personnel as may be
necessary for the proper execution of its
functions.
Section 19. Probation Administration. The
Administration shall be headed by the Probation
Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the
President of the Philippines. He shall hold office
during good behavior and shall not be removed
except for cause.
The Administrator shall receive an annual salary
of at least forty thousand pesos. His powers and
duties shall be to:
(a) act as the executive officer of the
Administration;
(b) exercise supervision and control over
all probation officers;
(c) make annual reports to the Secretary
of Justice, in such form as the latter may
prescribe, concerning the operation,
administration and improvement of the
probation system;
(d) promulgate, subject to the approval
of the Secretary of Justice, the
necessary rules relative to the methods
and procedures of the probation
process;
(e) recommend to the Secretary of
Justice the appointment of the
subordinate personnel of his
Administration and other offices
established in this Decree; and
(f) generally, perform such duties and
exercise such powers as may be
necessary or incidental to achieve the
objectives of this Decree.
Section 20. Assistant Probation
Administrator. There shall be an Assistant
Probation Administrator who shall assist the
Administrator perform such duties as may be
assigned to him by the latter and as may be
provided by law. In the absence of the
Administrator, he shall act as head of the
Administration.
He shall be appointed by the President of the
Philippines and shall receive an annual salary of
at least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator
and Assistant Probation Administrator. To be
eligible for Appointment as Administrator or
Assistant Probation Administrator, a person
must be at least thirty-five years of age, holder of
a master's degree or its equivalent in either
criminology, social work, corrections, penology,
psychology, sociology, public administration,
law, police science, police administration, or
related fields, and should have at least five years
of supervisory experience, or be a member of
the Philippine Bar with at least seven years of
supervisory experience.
Section 22. Regional Office; Regional Probation
Officer. The Administration shall have regional
offices organized in accordance with the field
service area patterns established under the
Integrated Reorganization Plan.
Such regional offices shall be headed by a
Regional Probation Officer who shall be
appointed by President of the Philippines in
accordance with the Integrated Reorganization
Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise
supervision and control over all probation officer
within his jurisdiction and such duties as may
assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four
thousand pesos.
He shall, whenever necessary, be assisted by
an Assistant Regional Probation Officer who
shall also be appointed by the President of the
Philippines, upon recommendation of the
Secretary of Justice, with an annual salary of at
least twenty thousand pesos.
Section 23. Provincial and City Probation
Officers. There shall be at least one probation
officer in each province and city who shall be
appointed by the Secretary of Justice upon
recommendation of the Administrator and in
accordance with civil service law and rules.
The Provincial or City Probation Officer shall
receive an annual salary of at least eighteen
thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to
him for investigation by the proper court
or the Administrator;
 (b) instruct all probationers under his
supervision of that of the probation aide
on the terms and conditions of their
probations;
(c) keep himself informed of the conduct
and condition of probationers under his
charge and use all suitable methods to
bring about an improvement in their
conduct and conditions;
(d) maintain a detailed record of his
work and submit such written reports as
may be required by the Administration or
the court having jurisdiction over the
probationer under his supervision;
(e) prepare a list of qualified residents of
the province or city where he is
assigned who are willing to act as
probation aides;
(f) supervise the training of probation
aides and oversee the latter's
supervision of probationers;
(g) exercise supervision and control over
all field assistants, probation aides and
other personnel; and
(h) perform such duties as may be
assigned by the court or the
Administration.
Section 24. Miscellaneous Powers of Provincial
and City Probation Officers. Provincial or City
Probation Officers shall have the authority within
their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in
connection with their duties and functions under
this Decree. They shall also have, with respect
to probationers under their care, the powers of
police officer.
Section 25. Qualifications of Regional, Assistant
Regional, Provincial, and City Probation Officers.
No person shall be appointed Regional or
Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a
bachelor's degree with a major in social work,
sociology, psychology, criminology, penology,
corrections, police science, administration, or
related fields and has at least three years of
experience in work requiring any of the
abovementioned disciplines, or is a member of
the Philippine Bar with at least three years of
supervisory experience.
Whenever practicable, the Provincial or City
Probation Officer shall be appointed from among
qualified residents of the province or city where
he will be assigned to work.
Section 26. Organization. Within twelve months
from the approval of this Decree, the Secretary
of Justice shall organize the administrative
structure of the Administration and the other
agencies created herein. During said period, he
shall also determine the staffing patterns of the
regional, provincial and city probation offices
with the end in view of achieving maximum
efficiency and economy in the operations of the
probation system.
Section 27. Field Assistants, Subordinate
Personnel, Provincial or City Probation Officers
shall be assisted by such field assistants and
subordinate personnel as may be necessary to
enable them to carry out their duties effectively.
Section 28. Probation Aides. To assist the
Provincial or City Probation Officers in the
supervision of probationers, the Probation
Administrator may appoint citizens of good
repute and probity to act as probation aides.
Probation Aides shall not receive any regular
compensation for services except for reasonable
travel allowance. They shall hold office for such
period as may be determined by the Probation
Administrator. Their qualifications and maximum
case loads shall be provided in the rules
promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of
Probation Records. The penalty of imprisonment
ranging from six months and one day to six
years and a fine ranging from hundred to six
thousand pesos shall be imposed upon any
person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby
authorized the appropriation of the sum of Six
Million Five Hundred Thousand Pesos or so
much as may be necessary, out of any funds in
the National Treasury not otherwise
appropriated, to carry out the purposes of this
Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so
much as may be necessary shall be included in
the annual appropriations of the national
government.
Section 31. Repealing Clause. All provisions of
existing laws, orders and regulations contrary to
or inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 32. Separability of Provisions. If any
part, section or provision of this Decree shall be
held invalid or unconstitutional, no other parts,
sections or provisions hereof shall be affected
thereby.
Section 33. Effectivity. This Decree shall take
effect upon its approval: Provided, However,
That, the application of its substantive provisions
concerning the grant of probation shall only take
effect twelve months after the certification by the
Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure
of the Probation Administration and of the other
agencies has been organized.
REPUBLIC ACT No. 10707
AN ACT AMENDING PRESIDENTIAL DECREE
NO. 968, OTHERWISE KNOWN AS THE
“PROBATION LAW OF 1976”, AS AMENDED
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 4 of Presidential Decree
No. 968, as amended, is hereby further
amended to read as follows:
“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 the
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.
1âwphi1
“An order granting or denying probation shall not
be appealable.”
SECTION 2. Section 9 of the same Decree, as
amended, is hereby further amended to read as
follows:
“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
(P1,000.00);
 “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 3. Section 16 of the same Decree, as
amended, is hereby further amended to read as
follows:
“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 such order.”
SECTION 4. Section 24 of the same Decree is
hereby amended to read as follows:
“SEC. 24. Miscellaneous Powers of
Regional, Provincial and City Probation
Officers. — Regional, Provincial or City
Probation Officers shall have the
authority within their territorial
jurisdiction to administer oaths and
acknowledgments and to take
depositions in connection with their
duties and functions under this Decree.
They shall also have, with respect to
probationers under their care, the
powers of a police officer. They shall be
considered as persons in authority.”
SECTION 5. Section 27 of the same Decree is
hereby amended to read as follows:
“SEC. 27. Field Assistants, Subordinate
Personnel. – Regional, Provincial or City
Probation Officers shall be assisted by
such field assistants and subordinate
personnel as may be necessary to
enable them to carry out their duties
effectively.”
SECTION 6. Section 28 of the same Decree is
hereby amended to read as follows:
“SEC. 28. Volunteer Probation
Assistants (VPAs). — To assist the
Chief Probation and Parole Officers in
the supervised treatment program of the
probationers, the Probation
Administrator may appoint citizens of
good repute and probity, who have the
willingness, aptitude, and capability to
act as VPAs.
“VPAs shall not receive any regular
compensation except for reasonable
transportation and meal allowances, as
may be determined by the Probation
Administrator, for services rendered as
VPAs.
“They shall hold office for a two (2)-year
term which may be renewed or recalled
anytime for a just cause. Their functions,
qualifications, continuance in office and
maximum case loads shall be further
prescribed under the implementing rules
and regulations of this Act.
“There shall be a reasonable number of
VPAs in every regional, provincial, and
city probation office. In order to
strengthen the functional relationship of
VPAs and the Probation Administrator,
the latter shall encourage and support
the former to organize themselves in the
national, regional, provincial, and city
levels for effective utilization,
coordination, and sustainability of the
volunteer program.”
SECTION 7. Separability Clause. — If any
provision of this Act is declared invalid, the
provisions hereof not affected by such
declaration shall remain in full force and effect.
SECTION 8. Repealing Clause. — All laws,
executive orders, or administrative orders, rules
and regulations or parts thereof which are
inconsistent with this Act are hereby amended,
repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The

amount necessary to carry out the provisions of
this Act shall be included in the General
Appropriations Act of the year following its
enactment into law.

SECTION 10. Implementing Rules and

Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Justice
shall promulgate such rules and regulations as
may be necessary to carry out the provisions of
this Act.

SECTION 11. Effectivity. — This Act shall take

effect immediately after its publication in the
Official Gazette or in two (2) newspapers of
general circulation.