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1866 June 29, 1983 Amended by RA 9516 "Section 3 and 4" CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES" WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the proliferation of illegally possessed and manufactured firearms, ammunition and explosives; WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country; WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives; WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions; WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and revised in order to more effectively deter violators of the law on firearms, ammunition and explosives. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree:
imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition. If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed. If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed. The penalty of reclusion temporal in its maximum period to reclusion perpetua 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 paragraphs. The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition. Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
Section 6. who shall willfully or knowingly allow any of the explosives owned by such firm. nineteen hundred and eighty-three . 9. detonation agents or incendiary devices. orders. president. . who shall issue authority to carry firearm and/or ammunition outside of residence. . this 29th day of June. Section 4. If the violation of this Section is in furtherance of. or in connection with the crimes of rebellion.The provisions of Republic Act No.The penalty of prision mayor shall be imposed upon any person who shall unlawfully tamper. company. instructions. civilian or military. Presidential Decree No. The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner. Section 10. . insurrection or subversion. Done in the City of Manila. manager. rules and regulations which are inconsistent with this Decree are hereby repealed. decrees. .This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette. . Repacking or Altering the Composition of Lawfully Manufactured Explosives. without authority therefor. . Section 5. Tampering of Firearm's Serial Number. which results in the death of any person or persons shall be punished with the penalty of death. by any person whose business or employment does not lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of explosives. in the year of Our Lord. change. Section 8. corporation or entity. Presidential Decree No. . Section 7. company. Rules and Regulations. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. tool or instrument directly used in the manufacture of explosives.Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives. or incident to. 1728 and all laws.The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree. Section 9. amended or modified accordingly. deface or erase the serial number of any firearm.The penalty of prision correccional shall be imposed upon any person. 4. corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs.The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack. Effectivity. alter or modify the composition of any lawfully manufactured explosives. the penalty of death shall be imposed.The possession of any machinery. director or other responsible officer of any public or private firm. Presumption of Unlawful Manufacture. Repealing Clause.
without any valid reason.It shall be the duty of the drawee of any check. Section 5. knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. Not with standing receipt of an order to stop payment. Where the check is drawn by a corporation. with the reason therefor as aforesaid. Section 1. or stamped in plain language thereon. shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon. That where there are no sufficient funds in or credit with such drawee bank. printed. Separability clause. stamped or attached by the drawee on such dishonored check.Any person who makes or draws and issues any check to apply on account or for value. the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act. when refusing to pay the same to the holder thereof upon presentment. for which reason it is dishonored by the drawee bank. if such be the fact. such fact shall always be explicitly stated in the notice of dishonor or refusal. company or entity. ordered the bank to stop payment. BATAS PAMBANSA BLG. . Liability under the Revised Penal Code. shall be prima facie evidence of the making or issuance of said check. . . Credit construed. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank. rules of evidence. to cause to be written.Section 2. 22 AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. Duty of drawee. Checks without sufficient funds. .The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check. In all prosecutions under this Act. the remaining provisions shall continue to be in force. .Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code. Section 6. the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check. and the due presentment to the drawee for payment and the dishonor thereof. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. Evidence of knowledge of insufficient funds. and that the same was properly dishonored for the reason written. or both such fine and imprisonment at the discretion of the court. shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos.The making. . or attached thereto. Section 4. .If any separable provision of this Act be declared unconstitutional. when presented within ninety (90) days from the date of the check. the reason for drawee's dishonor or refusal to pay the same: Provided. or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee. Section 3. The same penalty shall be imposed upon any person who. the introduction in evidence of any unpaid and dishonored check. which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer. having the drawee's refusal to pay stamped or written thereon or attached thereto. shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon.
Any person who willfully or knowingly does or who shall aid. kidnapping as defined by the Revised Penal Code. shall not be covered by this prohibition. or to communicate the contents thereof. intercepted. or to furnish transcriptions thereof. intercept. who is authorized by a written order of the Court. punishing espionage and other offenses against national security:Provided. permit. Section 1. have actually been or are being committed. Approved: April 3. however. intercept. Nothing contained in this Act. to secretly overhear. to tap any wire or cable. conspiracy to commit sedition. or aids. inciting to sedition. sedition. permits. disc record. and. Section 2. to any other person: Provided. inciting to rebellion. however. mutiny in the high seas. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. That the use of such record or any copies thereof as evidence in any civil. or record the communications. or however otherwise described: It shall also be unlawful for any person. as the case may be. upon conviction thereof. inciting to rebellion. in the case of telegraphic or telephonic communications. or to replay the same for any other person or persons. discussions.This Act shall take effect fifteen days after publication in the Official Gazette. shall render it unlawful or punishable for any peace officer. or to the prevention of. 4200 AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION. if the offender is an alien he shall be subject to deportation proceedings. That in cases involving the offenses of rebellion. wire record. (2) the identity of the peace officer authorized to overhear. and violations of Commonwealth Act No. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. or spoken words are to be overheard. be he a participant or not in the act or acts penalized in the next preceding sentence. or by using any other device or arrangement. piracy. Effectivity. Section 3. 1979. and inciting to sedition. any of such crimes. criminal investigation or trial of offenses mentioned in section 3 hereof. or recorded and. It shall be unlawful for any person. or any other such record. sedition. espionage. the telegraph line or the telephone number involved and its location. either verbally or in writing. to knowingly possess any tape record. whether complete or partial. or to the solution of. . conspiracy to commit sedition. . That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided. conversations. or copies thereof. The order granted or issued shall specify: (1) the identity of the person or persons whose communications. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder.Section 7. rebellion. AND FOR OTHER PURPOSES. REPUBLIC ACT No. such authority shall be granted only upon prior proof that a rebellion or acts of sedition. not being authorized by all the parties to any private communication or spoken word. provoking war and disloyalty in case of war. and (3) that there are no other means readily available for obtaining such evidence. conspiracy and proposal to commit rebellion. conspiracy and proposal to commit rebellion. or causes such violation shall. 616. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkietalkie or tape recorder. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason.
or records included in the deposit. or spoken words. contents. This Act shall take effect upon its approval. with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. or meaning of the same or any part thereof. or the existence. Section 6. and (4) the period of the authorization. The envelope or package so deposited shall not be opened. and shall be accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made. effect. or their contents revealed. or if made. legislative or administrative hearing or investigation.conversations. except upon order of the court. purport. within forty-eight hours after the expiration of the period fixed in the order. quasi-judicial. The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed. the number of tapes. which shall not be granted except upon motion. Section 5. or any information therein contained obtained or secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial. Any communication or spoken word. unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public interest. discussions. be deposited with the court in a sealed envelope or sealed package. Section 4. and certifying that no duplicates or copies of the whole or any part thereof have been made. that all such duplicates or copies are included in the envelope or package deposited with the court. All recordings made under court authorization shall. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended. or the recordings replayed. The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the order. (3) the offense or offenses committed or sought to be prevented. substance. the dates and times covered by each recording. 1965 . Approved: June 19. discs. or used in evidence.
prejudicial their development. neglect. administrative authorities. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse. ² This Act shall be known as the "Special Protection of Children Against Abuse. 1992 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE. Title. Definition of Terms. exploitation and discrimination or when such acts against the child are committed by the said parent. guardian. whether undertaken by public or private social welfare institutions. cruelty exploitation and discrimination and other conditions. courts of law. Declaration of State Policy and Principles. Exploitation and Discrimination Act. ² It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse. EXPLOITATION AND DISCRIMINATION. Principles and Definitions of Terms . Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. exploitation or discrimination because of a physical or mental disability or condition. guardian. whether habitual or not. The best interests of children shall be the paramount consideration in all actions concerning them." Section 2. 7610 June 17.Section 1. of the child which includes any of the following: Republic Act No. consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. and legislative bodies. ² (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. 1aw phi1@alf Republic of the Philippines Congress of the Philippines Metro Manila Ninth Congress It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. (b) "Child abuse" refers to the maltreatment. cruelty. Section 3. teacher or person having care and custody of the same. The State shall intervene on behalf of the child when the parent. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: ARTICLE I Title. Policy. exploitation and discrimination. neglect. teacher or person having care or custody of the child fails or is unable to protect the child against abuse.
(4) Other acts of abuses. (2) Child trafficking. whether male or female. child trafficking. Child Prostitution and Other Sexual Abuse. the following. (3) Unreasonable deprivation of his basic needs for survival. profit. to protect children against child prostitution and other sexual abuse. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. and (5) Circumstances which threaten or endanger the survival and normal development of children. ² There shall be a comprehensive program to be formulated. obscene publications and indecent shows. exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against: (1) Child Prostitution and other sexual abuse. indulge in sexual intercourse or lascivious conduct. who for money. such as food and shelter. sexual abuse and emotional maltreatment.(1) Psychological and physical abuse. 1 phi1 aw ARTICLE II Program on Child Abuse. or any other consideration or due to the coercion or influence of any adult. (2) Any act by deeds or words which debases. neglect. safety and normal which unduly interfere with their normal development. (2) Working under conditions hazardous to life. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: . (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life. Exploitation and Discrimination Section 4. cruelty. are deemed to be children exploited in prostitution and other sexual abuse. syndicate or group. or (6) Circumstances analogous to those abovestated which endanger the life. other acts of abuse. but are not limited to. (1) Being in a community where there is armed conflict or being affected by armed conflict-related activities. (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life. (d) "Comprehensive program against child abuse. Formulation of the Program. and circumstances which endanger child survival and normal development. by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned. safety or normal development of children. (3) Obscene publications and indecent shows. (c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include. ² Children. ARTICLE III Child Prostitution and Other Sexual Abuse Section 5. (5) Being a victim of a man-made or natural disaster or calamity. degrades or demeans the intrinsic worth and dignity of a child as a human being. within one (1) year from the effectivity of this Act.
(a) Those who engage in or promote. nurse. not being a relative of a child. apartelle or other similar establishments. or barter. the following: (1) Acting as a procurer of a child prostitute. Section 6. as the case may be: Provided. ² There is an attempt to commit child trafficking under Section 7 of this Act: 1a phi1@alf w (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian. or (d) When a doctor. shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. (c) When a person. 3815. under the Revised Penal Code. or for any other consideration. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. (3) Taking advantage of influence or relationship to procure a child as prostitute. health club and other similar establishments. Section 8. under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath. pension house. the perpetrators shall be prosecuted under Article 335. bar. (4) Threatening or using violence towards a child to engage him as a prostitute. for rape or lascivious conduct. or . Attempt To Commit Child Prostitution. midwife. Attempt to Commit Child Trafficking. vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. as amended. massage clinic. or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. disco. There is also an attempt to commit child prostitution. establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking. but not limited to. is found alone with the said child inside the room or cubicle of a house. ² Any person who shall engage in trading and dealing with children including. the Revised Penal Code. paragraph (a) hereof when any person who. ² There is an attempt to commit child prostitution under Section 5. facilitate or induce child prostitution which include. whether as manager or owner of the establishment where the prostitution takes place. motel. in the proper case. for rape and Article 336 of Act No. paragraph 3. local civil registrar or any other person simulates birth for the purpose of child trafficking. Child Trafficking. Provided. but are not limited to. or. hotel. vessel. hospital or clinic official or employee. ARTICLE IV Child Trafficking Section 7. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. resort. the act of buying and selling of a child for money. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act. and (c) Those who derive profit or advantage therefrom. an inn. or of the sauna. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. That when the victims is under twelve (12) years of age. agency.
as amended. subject or seller/distributor is below twelve (12) years of age. 603. ² Any person who shall hire. or other child-during institutions who can be offered for the purpose of child trafficking. who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50. whether live or in video. beer joint. or . moral or legal duty. local custom and tradition or acts in the performance of a social. drink or otherwise. ARTICLE VI Other Acts of Abuse Section 10. (1) Beg or use begging as a means of living. induce or coerce a child to perform in obscene exhibitions and indecent shows. deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40. clinics. Other Acts of Neglect. but not covered by the Revised Penal Code. guardian. the penalty to be imposed shall be prision mayor in its maximum period. whether for occupancy. Obscene Publications and Indecent Shows. cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. If the child used as a performer. Any ascendant. (c) Any person who shall induce. hotel. however. twelve (12) years or under or who in ten (10) years or more his junior in any public or private place. ² (a) Any person who shall commit any other acts of child abuse. sauna or massage parlor. ARTICLE V Obscene Publications and Indecent Shows Section 9. stepparent or guardian of the minor. (2) Act as conduit or middlemen in drug trafficking or pushing. beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50. pension house. (b) Any person who shall keep or have in his company a minor. nurseries. and the loss of the license to operate such a place or establishment. Abuse. the penalty shall be imposed in its maximum period. motel. persuade.000).(e) When a person engages in the act of finding children among low-income families. and the loss of parental authority over the minor. hospitals. (d) Any person. owner. employ.000). shall suffer the penalty of prision mayor in its minimum period. discotheque.000). or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. as amended. coerce. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. act. (e) Any person who shall use. That should the perpetrator be an ascendant. day-care centers. food. a fine of not less than Fifty thousand pesos (P50. use. Provided. scene. force or intimidate a street child or any other child to. including residential places. Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. cabaret. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. manager or one entrusted with the operation of any public or private place of accommodation. That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law.000): Provided. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
Sanctions of Establishments or Enterprises which Promote. An enterprise such as a sauna. however. with the express agreement of the child concerned. travel agency. for the crimes of murder. corruption of minors. and serious physical injuries. without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code. health. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. ARTICLE VIII Working Children Section 12. homicide. the Revised Penal Code. as the Department may determine. further. theater. ² All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse. Employment of Children. The employment contract concluded by the child's parent or guardian. child trafficking. and the approval of the Department of Labor and Employment: Provided. Obscene Publications and Indecent Shows. and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code. 3815. The unauthorized removal of such sign shall be punishable by prision correccional. shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. Child Trafficking. or special laws. safety and morals of the child. For purposes of this Act. nor impairs his normal development: Provided. as amended. That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education. 249. Facilitate. 339. provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers. (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration. 340 and 341 of Act No. obscene publications and indecent shows. 3815. safety and health and morals. paragraph 1 of Act No. child trafficking. as amended. shall be reclusion perpetua when the victim is under twelve (12) years of age. for the crimes of qualified seduction. or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists. or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein. and other acts of abuse shall be immediately closed and their authority or license to operate cancelled. radio or television is essential: Provided. 262. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse. That his employment neither endangers his life. That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection. shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age. the penalty for the commission of acts punishable under Articles 248. and the duration and arrangement of working time. or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse. ARTICLE VII Sanctions for Establishments or Enterprises Section 11. if possible. as amended. ² Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided. paragraph 2. and Other Acts of Abuse. obscene publications and indecent shows. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year. respectively. and. other intentional mutilation. and 263. The penalty for the commission of acts punishable under Article 337. the Revised Penal Code. . acts of lasciviousness with the consent of the offended party. and white slave trade. respectively.(3) Conduct any illegal activities. exhibits children in a lewd or indecent show. as amended. or (2) When a child's employment or participation in public & entertainment or information through cinema.
Section 20. subject to the approval and supervision of competent authorities. a continuing program for training and skill acquisition of the child. through their duly-designated or appointed representatives shall be involved in planning. the employer shall first secure. Non-formal Education for Working Children. ² No person shall employ child models in all commercials or advertisements promoting alcoholic beverages. Section 15. Such course design shall integrate the learning process deemed most effective under given circumstances. Penalties. ARTICLE X Children in Situations of Armed Conflict . or both at the discretion of the court. ² Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. In the provision of health and nutrition services to children of indigenous cultural communities. the offender's license to operate shall be revoked. Participation. ² Indigenous cultural communities. ² In addition to the rights guaranteed to children under this Act and other existing laws. ² The Department of Education. Section 16. Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities.000) but not more than Ten thousand pesos (P10. moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. ARTICLE IX Children of Indigenous Cultural Communities Section 17. ² Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. decision-making implementation. System of and Access to Education. Health and Nutrition. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention.000) more than Ten thousand pesos (P10. Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.(c) The employer shall formulate and implement. Section 21. Discrimination. Provided. Prohibition on the Employment of Children in Certain Advertisements. Section 19.000). Duty of Employer. The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. Indigenous institution shall also be recognized and respected. in case of repeated violations of the provisions of this Article. Section 13. survival and development consistent with the customs and traditions of their respective communities.000) or imprisonment of not less than three (3) months but not more than three (3) years. ² The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5. The Department of Education. before engaging such child. In the above exceptional cases where any such child may be employed. Section 14. intoxicating drinks. Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual. That. Section 18. children of indigenous cultural communities shall be entitled to protection. tobacco and its byproducts and violence. ² Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1. a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. Survival. 603. and evaluation of all government programs affecting children of indigenous cultural communities. Protection and Development. indigenous health practices shall be respected and recognized. ² The Department of Education.
In places of temporary shelter. Family Life and Temporary Shelter. ² Any child who has been arrested for reasons related to armed conflict. Evacuation of Children During Armed Conflict. guide or spy is entitled to the following rights. inhumane or degrading treatment. the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government. or used as guides. Rights of Children Arrested for Reasons Related to Armed Conflict. or spies. the following policies shall be observed. They shall not be subjected to undue harassment in the performance of their work. (e) Public infrastructure such as schools. for a shorter period as the court may deem proper. Section 23. (a) Children shall not be the object of attack and shall be entitled to special respect. expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. ² Children are hereby declared as Zones of Peace. until he has had reached eighteen (18) years of age or. detachments. (c) Delivery of basic social services such as education. couriers. after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. or duly-licensed agencies or any other responsible person. and (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. To attain this objective. (b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups. They shall be protected from any form of threat. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him. Existing community organizations shall be tapped to look after the safety and wellbeing of children during evacuation operations. the court shall determine the imposable penalty. primary health and emergency relief services shall be kept unhampered. barracks. ² Children shall be given priority during evacuation as a result of armed conflict. ² Whenever possible. Children as Zones of Peace. (d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. hospitals and rural health units shall not be utilized for military purposes such as command posts.Section 22. either as combatant. (b) Immediate free legal assistance. Whenever feasible. members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. courier. Section 25. and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. torture or other cruel. Section 24. However. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. instead of pronouncing judgment of conviction. including any civil liability chargeable against him. assault. and supply depots. nor be allowed to take part in the fighting. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. children shall be given opportunities for physical exercise. sports and outdoor games. The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any . (c) Immediate notice of such arrest to the parents or guardians of the child. (a) Separate detention from adults except where families are accommodated as family units.
(e) Officer or social worker of the Department of Social Welfare and Development. election cases. ² Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party. his name may be withheld from the public until the court acquires jurisdiction over the case. 603. (b) Parents or guardians. Special Court Proceedings. series . Protective Custody of the Child. and reporter or columnist in case of printed materials. ² The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. (d) Officer. Section 29. all courts shall give preference to the hearing or disposition of cases involving violations of this Act. 4908.duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. (f) Barangay chairman. and cases involving detention prisoners and persons covered by Republic Act No. (c) Ascendant or collateral relative within the third degree of consanguinity. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 1aw phi1@ITC of 1986. Common Penal Provisions. civil or criminal liability. the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period. Monitoring and Reporting of Children in Situations of Armed Conflict. or (g) At least three (3) concerned responsible citizens where the violation occurred. social worker or representative of a licensed child-caring institution. ² At the instance of the offended party. Section 28. ² Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court. It shall be unlawful for any editor. Section 26. (b) When the offender is a corporation. announcer or producer in case of television and radio broadcasting. the officer of the Department of Social Welfare and Development shall be free from any administrative. Law phi1@alf Section 30. Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus. Confidentiality. ² (a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act. Who May File a Complaint. partnership or association. to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. ARTICLE XII Common Penal Provisions Section 31. ARTICLE XI Remedial Procedures Section 27. producer and director of the film in case of the movie industry. 56. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. In the regular performance of this function. ² The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. publisher.
(d) When the offender is a foreigner. the Department of Justice. Section 33. ² Unless otherwise provided in this Act. shall promulgate rules and regulations of the effective implementation of this Act. decrees. Effectivity Clause. or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked. the remaining provisions not affected thereby shall continue in full force and effect. finally. he shall be deported immediately after service of sentence and forever barred from entry to the country. Rules and Regulations. Section 36. parent guardian. however.(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant. Section 35. Repealing Clause. Approved: June 17. ² The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. ² If any provision of this Act is declared invalid or unconstitutional. Appropriations. Section 34. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. That if the penalty imposed is reclusion perpetua or reclusion temporal. (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided. stepparent or collateral relative within the second degree of consanguinity or affinity. the penalty of suspension shall also be imposed. ARTICLE XIII Final Provisions Section 32. Separability Clause. or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. la phi1 w . in coordination with the Department of Social Welfare and Development. then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided. or any immediate member of his family if the latter is the perpetrator of the offense. ² This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation. ² All laws. That if the penalty imposed is prision correccional or arresto mayor. 1992. and (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim.
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